Planning Commission

PLANNING COMMISSION AGENDA November 12, 2020 7:00 PM CITY HALL A. Roll Call B. Approval of September 15, 2020 Minutes C. Old Business: 1. SUP2020-002 & V2020-006 Atlanta Auto Sales. Request to approve a special use permit and associated variance to permit used car sales at 4279 Buford Hwy., Dist. 6, Land Lot 259, Peachtree Corners, GA (deferred from Sep. 15, 2020). D. New Business: 1. CIC2020-002 Pet Boarding. Request to approve a change in conditions to permit a pet boarding business at 5075 Peachtree Pkwy. Ste. 107, Dist. 6, Land Lot 318, Peachtree Corners, GA. 2. CIC2020-003 Veterinarian’s Office. Request to approve a change in conditions to permit a veterinarian business at 5075 Peachtree Pkwy. Ste. 101, Dist. 6, Land Lot 318, Peachtree Corners, GA. E. City Business Items: 1. PH2020-008 Gateway85 Overlay. Consideration of an amendment to Zoning Ordinance Article XIII – Use Provisions to create additional standards for the portion of the Activity Center/Corridor Overlay District within the area generally bounded by Peachtree Industrial Boulevard, Jimmy Carter Boulevard, Buford Highway and DeKalb County. F. Comments by Staff and Planning Commissioners. G. Adjournment.  CITY OF PEACHTREE CORNERS PLANNING COMMISSION MINUTES SEPTEMBER 15, 2020 7:00 PM The City of Peachtree Corners held a Planning Commission meeting on September 15, 2020. The meeting was held at City Hall, 310 Technology Parkway, Peachtree Corners, GA, 30092. The following were in attendance: Planning Commission: Alan Kaplan, Chairman, Post A Shanga White, Post B Mark Willis, Post C Joseph Collins, Post D - absent Jim Blum, Post E James Kucik, Non-Voting Alternate Lance Campbell, Voting-Alternate Staff: Diana Wheeler, Community Development Director Jeff Conkle, Planning and Zoning Administrator Rocio Monterrosa, Deputy City Clerk MINUTES: MOTION TO APPROVE MINUTES FROM THE JULY 21, 2020 PLANNING COMMISSION MEETING AS AMMENDED. By: James Blum Seconded: Mark Willis Vote: 5-0 (Willis, Blum, Kaplan, White, Campbell) Action: Minutes Approved OLD BUSINESS: None NEW BUSINESS: RZ2020-002, V2020-005 & PH2020-004 3700 Medlock Bridge. Request to rezone 3.08 acres from R-100 to RM-13 with associated variances and to amend the Comprehensive Plan Character Area Map to change the subject property from Suburban Neighborhood to Central Business District to allow for a new Page | 1 2020-09-15 PC Minutes  condominium-townhome community at 3700 Medlock Bridge Road, Dist. 6, Land Lot 300, Peachtree Corners, GA. Diana Wheeler, Community Development Director, informed the Commissioners that The applicant is requesting the rezoning of 3.08 acres from R-100 (Single Family Residence District) to RM-13 (Multifamily Residence District) to construct 40 condominium units along with variances to reduce the rear and side buffers from 50’ to 20’ and to increase the permitted height of the structures from 40’ to 45’. The applicant is also requesting a comprehensive plan amendment to change the Character Area designation of this property from Suburban Neighborhood to Central Business District. The property, which is currently developed as a church with associated parking, is located on the northeastern side of Medlock Bridge Road at its roundabout intersection with Peachtree Corners Circle, approximately 750’ from Town Center Boulevard. The site plan submitted by the applicant indicates one point of entry into a gated development from Medlock Bridge Road with the southwesternmost buildings having their fronts facing Medlock Bridge Road. Properties located immediately adjacent to the subject property are zoned a mix of R-100, R-75, and R-ZT single family residential while the parcels across Medlock Bridge Road are zoned OBP Office-Business Park. The Medlock Bridge corridor is largely characterized by a mixture of offices, townhomes and single-family homes. The subject property is located within the Suburban Neighborhood Character Area on the Peachtree Corners Character Area Map. This area encourages single-family detached residential as well as institutional uses like schools and churches when located on primary streets. The site was the subject of Special Use Permit approvals for the existing church use by Gwinnett County prior to the City’s incorporation. The Peachtree Corners Comprehensive Plan shows the property located in the Suburban Neighborhood Character Areas, indicating that the location is in proximity to a mostly single-family residential area. However, the property is directly adjacent to properties within the Central Business District Character Area which envisions a much wider range of uses, including multifamily and townhome development. The small size of the subject property and its location on a busy road makes it an unlikely candidate for new single- family residential development. Additionally, the proximity to the Town Center and adjoining Central Business District Character Area properties, plus the existing mixed residential nature of the Medlock Bridge Road corridor, lend support to the request to change the property’s designation in the Comprehensive Plan from Suburban Neighborhood to Central Business District. The proposal for condominiums at this location is suitable given the proximity to the Town Center. However, several issues will have to be addressed by the applicant, including parking, tree preservation, and architectural design. The parking requirement is 1.5 spaces per unit, which equals 60 spaces on the site. The plan shows parking both within garages and on adjacent driveways as well as a few on-street spaces scattered throughout the community. The driveway spaces are of particular concern as these are not easily shared by other residents or their guests. Additionally, the driveway spaces are not labeled as to location or size, so staff is unable to determine whether they meet the parking size requirement. The site has several specimen trees, none of which were shown to be preserved in the submitted site plan. Given the need to redesign the site to accommodate additional parking, the applicant should redesign to save particular trees as well. This includes two large trees near the rear of the property which, with thoughtful layout, can serve as focal points in the design of the community. Based on the site constraints, parking requirements, and trees to be preserved, it is extremely unlikely that 40 units can be accommodated on the site, especially since site engineering considerations such as detention have not yet been addressed. Page | 2 2020-09-15 PC Minutes The applicant did not submit architectural elevations as part of the rezoning request, so staff is unable to evaluate the proposed design. Given the higher-density nature of the plan and its proximity to the Town Center, the buildings should be modern urban in character, utilizing brick as the primary building material along with elements including flat roofs, roof decks, and painted brick features. After review of the applicant’s proposal and other relevant information, it is recommended that RZ2020-002 / V2020-005 / PH2020-004 be approved with the following conditions: 1. The Comprehensive Plan shall be amended to show this property as part of the Central Business District Character Area. 2. The property shall be rezoned from R-100 to RM-13. 3. Variances shall be approved so that the buffer along the sides and rear property lines is reduced to 20’. The buffer shall preserve existing vegetation and be supplemented with evergreen plantings where sparse to fully screen the adjacent residential properties. 4. The site may be developed with up to 40 condominium units. However, the maximum number of units is dependent on site conditions, compliance with zoning conditions, and fully engineered plans that meet regulations, incorporate trees to be preserved, and require no parking variances. 5. The site plan layout shall be in general conformance with the site plan submitted with this application and prepared by AEC dated May 29, 2020 (with revisions to meet these conditions and zoning and development regulations). 6. Development shall include no more than the one access point on Medlock Bridge Road, as shown on the submitted site plan. 7. A minimum of 60 parking spaces shall be provided internal to the development. Driveways must be at least 18 ft. in length to ensure that vehicles do not overhang sidewalks, streets, or alleys. 8. Developer shall construct on-site stormwater detention facilities to meet the standards of the Gwinnett County Stormwater Ordinances including, but not limited to, stormwater detention, water quality standards, stream protection and management of off-site drainage flowing through the site. 9. All stormwater facilities shall be owned and maintained by the Homeowner’s Association in accordance with the Gwinnett County Stormwater Ordinances. 10. The developer shall provide sidewalks along all internal streets and provide a pedestrian sidewalk connection from the development onto the public sidewalk along Medlock Bridge Road. 11. The termination point of the private street shall conclude with a cul-de-sac or loop meeting the design requirements of the Public Works Department. 12. The developer shall provide a central mailbox for the community with adequate pedestrian access. 13. A minimum 18” offset shall be provided between the front building elevations and roof lines of adjoining units. No more than four units within a single building grouping shall have the same front setback or roof line. 14. Building elevations shall be at least 50% brick or stone and buildings shall be designed in a contemporary urban style. 15. Building elevations shall be approved by the Planning Commission. 16. Trees highlighted on document labeled ‘Exhibit A- Staff Tree Save Plan’ shall be incorporated into the development and preserved. 17. Prior to the issuance of an LDP, tree protection fencing shall be installed, and the city shall confirm that all trees to be preserved have been included. 18. Construction hours shall be limited to weekdays from 7:00AM to 7:00PM. No weekend construction shall be permitted. Page | 3 2020-09-15 PC Minutes The applicant, Shaun Adams, gave a brief overview of the plan and stated that there are several changes to the conditions they are proposing which include landscape buffer, parking spaces, building design and tree preservation. Chairman Kaplan comment open the floor for public comment. There were no comments in support and four comments in opposition stating concern over buffer, traffic and height of buildings. After review the Commissioners moved forward with a recommendation of support for RZ2020-002 / V2020-005 / PH2020-004 with the following amended conditions: 1. The Comprehensive Plan shall be amended to show this property as part of the Central Business District Character Area. 2. The property shall be rezoned from R-100 to RM-13. 3. Variances shall be approved so that the buffer along the sides and rear property lines is reduced to 20’. The buffer shall preserve existing vegetation, excluding underbrush, unless an administrative variance is granted. The buffer shall be supplemented with a mixture of tree and shrub material where sparse. All trees shall be at least 8 ft. high at installation and provide at least 75% opacity within three years and an 8 ft. high wooden privacy fence shall be installed along the perimeter of the property which is to be maintained by the condominium association 4. The site may be developed with up to 40 condominium units. However, the maximum number of units is dependent on site conditions, compliance with zoning conditions, and fully engineered plans that meet regulations, incorporate trees to be preserved, and require no parking variances. 5. The site plan layout shall be in general conformance with the site plan submitted with this application and prepared by AEC dated May 29, 2020 (with revisions to meet these conditions and zoning and development regulations). 6. Development shall include no more than the one access point on Medlock Bridge Road, as shown on the submitted site plan. 7. A minimum of 59 unit-dedicated parking spaces and a minimum of 11 shared parking spaces shall be provided internal to the development. 8. Developer shall construct on-site stormwater detention facilities to meet the standards of the Gwinnett County Stormwater Ordinances including, but not limited to, stormwater detention, water quality standards, stream protection and management of off-site drainage flowing through the site. 9. All stormwater facilities shall be owned and maintained by the Homeowner’s Association in accordance with the Gwinnett County Stormwater Ordinances. 10. The developer shall provide sidewalks along all internal streets and provide a pedestrian sidewalk connection from the development onto the public sidewalk along Medlock Bridge Road. 11. The termination point of the private street shall conclude with a cul-de-sac or loop meeting the design requirements of the Public Works Department. 12. The developer shall provide a central mailbox for the community with adequate pedestrian access. 13. A minimum 18” offset shall be provided between the front building elevations and roof lines of adjoining units. No more than four units within a single building grouping shall have the same front setback or roof line. 14. Building elevations shall be at least 50% brick or stone and buildings shall be designed in a contemporary urban style. 15. Building elevations shall be approved by the Planning Commission. Page | 4 2020-09-15 PC Minutes  16. Trees highlighted on document labeled ‘Exhibit A- Staff Tree Save Plan’ shall be incorporated into the development and preserved. 17. Prior to the issuance of an LDP, tree protection fencing shall be installed, and the city shall confirm that all trees to be preserved have been included. 18. Construction hours shall be limited to weekdays from 7:00AM to 7:00PM. No weekend construction shall be permitted. MOTION TO APPROVE RZ2020-002, V2020-005 & PH2020-004 3700 MEDLOCK BRIDGE. REQUEST TO REZONE 3.08 ACRES FROM R-100 TO RM-13 WITH ASSOCIATED VARIANCES AND TO AMEND THE COMPREHENSIVE PLAN CHARACTER AREA MAP TO CHANGE THE SUBJECT PROPERTY FROM SUBURBAN NEIGHBORHOOD TO CENTRAL BUSINESS DISTRICT TO ALLOW FOR A NEW CONDOMINIUM- TOWNHOME COMMUNITY AT 3700 MEDLOCK BRIDGE ROAD, DIST. 6, LAND LOT 300, PEACHTREE CORNERS, GA WITH FOLLOING AMMENDED CONDITIONS. By: James Blum Seconded: Mark Willis Vote: 5-0 (Blum, Willis, Kaplan, White, Campbell) Action: Approved SUP2020-002 & V2020-006 Atlanta Auto Sales. Request to approve a special use permit and associated variance to permit used car sales at 4279 Buford Hwy., Dist. 6, Land Lot 259, Peachtree Corners, GA. Jeff Conkle, Planning and Zoning Administrator, informed the commissioners that the applicant is seeking approval of a special use permit to allow for used auto sales at an existing building and property along Buford Highway just northeast of the intersection with South Old Peachtree Road. The property adjoins other C-2 zoning across Buford Highway in unincorporated Gwinnett County. It also adjoins C-2 zoning in Peachtree Corners to the southwest but is otherwise surrounded by M-2 zoning. The existing C-2 zoning permits used auto sales on at least 1.5 acres with an approved special use permit. The property is 0.85 acres in size, thus necessitating the variance request that is part of this application. The proposal for used auto sales is consistent with C-2 zoning and the Character Area along Buford Highway. However, this use is required to be on a site of at least 1.5 acres in size. The applicant’s property is 0.85 acres. The applicant describes their hardship as being unable to expand the property to meet the minimum size. However, the property was this size and configuration prior to the applicant being involved. Variances are based on hardship which are identified in the zoning code as follows: A. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; and B. The application of the Resolution to this particular piece of property would create an unnecessary hardship; and C. Such conditions are peculiar to the particular piece of property involved; and D. Such conditions are not the result of any actions of the property owner; and E. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Resolution. Based on Staff’s analysis, none of the hardship criteria has been met. After review of the applicant’s proposal and other relevant information, it is recommended that SUP2020- Page | 5 2020-09-15 PC Minutes 002/V2020-006 be denied. The applicant, Zachary Holmes, requested that his case be tabled until next Planning Commission meeting due to his counsel being unable to attend the meeting and the need for additional time to prepare. Chairman Kaplan opened the floor for public comment. There was no public comment. MOTION TO TABLE SUP2020-002 & V2020-006 ATLANTA AUTO SALES. REQUEST TO APPROVE A SPECIAL USE PERMIT AND ASSOCIATED VARIANCE TO PERMIT USED CAR SALES AT 4279 BUFORD HWY., DIST. 6, LAND LOT 259, PEACHTREE CORNERS, GA UNTIL THE NOVEMBER 12, 2020 PLANNING COMMISSION MEETING. By: Mark Willis Seconded: Jim Blum Vote: 5-0 (Willis, Blum, Kaplan, White, Campbell) Action: Tabled until next meeting RZ2020-003 & PH2020-006 Governors Lake Master Plan. Request to rezone 75.61 acres from C-3, M-1 and R-75 to MUD and to amend the Comprehensive Plan Character Area Map to change a portion of the subject property from Industrial Corridor to Employment Corridor to allow for a new mixed-use commercial and residential development along Governors Lake Parkway south of Peachtree Industrial Boulevard and west of Jones Mill Road, Dist. 6, Land Lots 251 and 276, Peachtree Corners, GA. Diana Wheeler, Community Development Director, informed the commissioners the applicant is requesting the rezoning of 75.61 acres from R-75, C-3 and M-1 to MUD (Mixed Use Development) to adopt a master plan of the properties for future construction of a mixed-use development consisting of commercial and residential components on the majority of the undeveloped land within the Governors Lake business park. The properties, which are mostly wooded and undeveloped, is generally located on the northwest side of Jones Mill Road and along both sides of Governors Lake Parkway west of its intersection with Jones Mill Road, approximately one-half mile southeast of Peachtree Industrial Boulevard. The master plan submitted by the applicant indicates the total acreage will be broken into “pods” for development. Each pod contains a mix of uses, including recreational and entertainment facilities, offices, retail and restaurants, hotels, multi-family residential and single-family residential spread across the 75 acres. Access points to the development would be on existing streets such as Governors Lake Parkway, Governors Lake Drive, and Jones Mill Road. Properties located immediately to the north, east and west of the subject property are zoned M-1, while the parcels to the south, across Jones Bridge Road, were recently rezoned to R-TH for a townhome development. The Governors Lake area is largely characterized by a mixture of office, hotel, and light industrial uses as well as a significant amount of undeveloped land. The subject property is located within the Industrial Corridor and Employment Corridor Character Areas on the Peachtree Corners Character Areas Map. Both areas encourage “diverse employment- and revenue-generating businesses.” The Employment Corridor also envisions mixed uses. The Industrial Corridor encourages and heavy industrial uses because of the proximity to major transportation corridors and the rail line. Page | 6 2020-09-15 PC Minutes Earlier this year, the Planning Commission evaluated a rezoning request for townhomes, but the item was ultimately withdrawn by the applicant. While reviewing the application, the City Council had expressed a desire to see an overall master plan for the entire site in order to understand how that proposed development would fit it with the remainder of the property. There was concern that the development of Governors Lake in a piecemeal fashion without a ‘game plan’ for the overall site would not produce the best results. So, the property owner withdrew that application and has now submitted a master plan for the entire Governors Lake area. The subject property is also located in an established office and light industrial area and would directly adjoin several warehouse uses. Some of the applicant’s properties have been the subject of numerous zoning requests over the past several decades. Each of the cases that involved solely residential uses were denied, withdrawn, or tabled indefinitely. The new concept for mixed use development is more in character for the area. This plan would allow for a range of uses and the anticipated conflict between single-use residential property and single-use industrial property will be avoided by the mixture of uses proposed and thoughtfully laid out to minimize non-compatible land use impacts. While the ‘pod’ format of the master plan is not building specific, there is sufficient detail (between the application and staff report) to guide future development of the entire Governors Lake area. After review of the applicant’s proposal and other relevant information, it is recommended that RZ2020-003 / PH2020-006 be approved, subject to the following conditions: 1. The property shall be rezoned from R-75, C-3 and M-1 to MUD. 2. The Comprehensive Plan Character Area Map shall be amended to show the entirety of this property within the Employment Corridor. 3. The site shall be developed in general conformance with the document labeled Site Pod Plan submitted with this application and prepared by Kimley-Horn dated 8/27/2020 (with revisions to meet these conditions and zoning and development regulations) and in conformance with Tables A and B, attached. 4. A traffic study shall be completed prior to the issuance of the first land disturbance permit (LDP) in conjunction with development of property within the master plan area. 5. Construction hours shall be limited to weekdays from 7:00AM to 8:00PM. 6. Roadway modifications shall be implemented in accordance with the submitted traffic study and in conjunction with the review and approval of the Public Works Department. 7. Prior to the issuance of an LDP for each Pod, a specimen tree survey shall be submitted for that Pod. Specimen trees shall be taken into consideration when designing site improvements for each Pod and every effort shall be made to retain specimen trees as part of the final design. Tree protection fencing shall be installed, and the city shall confirm that all trees to be preserved have been included within the protected areas. 8. Developer shall construct on-site stormwater detention facilities to meet the standards of the Gwinnett County Stormwater Ordinances including, but not limited to, stormwater detention, water quality standards, stream protection and management of off-site drainage flowing through the site. 9. Prior to issuance of an LDP, approvals must be received from all agencies having jurisdiction over stream piping, modifications, and encroachments. 10. All stormwater facilities shall be owned and maintained by the Property Owner’s Association in accordance with the Gwinnett County Stormwater Ordinances. 11. Water quality BMPs shall be located outside the 75’ impervious setback with no retaining walls or structures within the 75’ impervious setback. All new stormwater Page | 7 2020-09-15 PC Minutes  ponds, including pond-like water quality BMPs, should have at least a single row of evergreen trees, 6ft. tall at time of planting, outside of the 10 ft. access easement around the BMP. 12. The developer shall provide minimum five-foot-wide publicly accessible sidewalks along the entire rights-of-way of all streets, public or private. 13. No more than 450 residential units shall be developed prior to the commencement of construction (as evidenced by the issuance of a building foundation permit) for a primary structure in Pod ‘A’ or Pod ‘B’. The applicant, Lawson Fanney, gave a brief description of the project stating that there has been collaboration with the City to determine the best use of the property, including connectivity and redesign as an employment corridor. Chairman Kaplan opened the floor for public comment. There was one comment in favor of the request. After review, the Commissioners moved forward with a recommendation of support for RZ2020-003 / PH2020-006 with additional conditions. 1. The property shall be rezoned from R-75, C-3 and M-1 to MUD. 2. The Comprehensive Plan Character Area Map shall be amended to show the entirety of this property within the Employment Corridor. 3. The site shall be developed in general conformance with the document labeled Site Pod Plan submitted with this application and prepared by Kimley-Horn dated 8/27/2020 (with revisions to meet these conditions and zoning and development regulations) and in conformance with Tables A and B, attached. 4. A traffic study shall be completed prior to the issuance of the first land disturbance permit (LDP) in conjunction with development of property within the master plan area. 5. Construction hours shall be limited to weekdays from 7:00AM to 8:00PM. 6. Roadway modifications shall be implemented in accordance with the submitted traffic study and in conjunction with the review and approval of the Public Works Department. 7. Prior to the issuance of an LDP for each Pod, a specimen tree survey shall be submitted for that Pod. Specimen trees shall be taken into consideration when designing site improvements for each Pod and every effort shall be made to retain specimen trees as part of the final design. Tree protection fencing shall be installed, and the city shall confirm that all trees to be preserved have been included within the protected areas. 8. Developer shall construct on-site stormwater detention facilities to meet the standards of the Gwinnett County Stormwater Ordinances including, but not limited to, stormwater detention, water quality standards, stream protection and management of off-site drainage flowing through the site. 9. Prior to issuance of an LDP, approvals must be received from all agencies having jurisdiction over stream piping, modifications, and encroachments. 10. All stormwater facilities shall be owned and maintained by the Property Owner’s Association in accordance with the Gwinnett County Stormwater Ordinances. 11. Water quality BMPs shall be located outside the 75’ impervious setback with no retaining walls or structures within the 75’ impervious setback. All new stormwater ponds, including pond-like water quality BMPs, should have at least a single row of evergreen trees, 6ft. tall at time of planting, outside of the 10 ft. access easement around the BMP. 12. The developer shall provide minimum five-foot-wide publicly accessible sidewalks along the entire rights-of-way of all streets, public or private. Page | 8 2020-09-15 PC Minutes  13. No more than 450 residential units shall be developed prior to the commencement of construction (as evidenced by the issuance of a building inspection permit) for a primary structure in Pod ‘A’ or Pod ‘B’. 14. Pedestrian connectivity shall be designed throughout the master plan area and pedestrian facilities shall be developed concurrently with each pod. 15. No more than 3 pods shall be developed for office use. 16. Within Pods ‘E’ and ‘G’, no more than 50% of the residential units shall be ‘for lease’. 17. Planning Commission shall review building elevations for primary buildings within each pod. 18. A market analysis shall be conducted prior to the development of each pod and presented to the Planning Commission for review. MOTION TO APPROVE RZ2020-003 & PH2020-006 GOVERNORS LAKE MASTER PLAN. REQUEST TO REZONE 75.61 ACRES FROM C-3, M-1 AND R-75 TO MUD AND TO AMEND THE COMPREHENSIVE PLAN CHARACTER AREA MAP TO CHANGE A PORTION OF THE SUBJECT PROPERTY FROM INDUSTRIAL CORRIDOR TO EMPLOYMENT CORRIDOR TO ALLOW FOR A NEW MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT ALONG GOVERNORS LAKE PARKWAY SOUTH OF PEACHTREE INDUSTRIAL BOULEVARD AND WEST OF JONES MILL ROAD, DIST. 6, LAND LOTS 251 AND 276, PEACHTREE CORNERS, GA WITH ADDITIONAL RECOMMENDATIONS. By: Mark Willis Seconded: Jim Blum Vote: 5-0 (Willis, Blum, Kaplan, White, Campbell) Action: Approved with recommendations. COMMENTS BY STAFF AND PLANNING COMMISSION: Jeff Conkle informed the Commissioners that there will be no meeting in October. The Planning Commission meeting concluded at 10:13 PM. Approved, Attest: _____________________________ ____________________________________ Alan Kaplan Rocio Monterrosa Chairman Deputy City Clerk Page | 9 2020-09-15 PC Minutes SUP2020-002 / V2020-006 Atlanta Auto Sales  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT ANALYSIS PLANNING COMMISSION DATE: NOVEMBER 12, 2020 CITY COUNCIL DATE: DECEMBER 15, 2020 CASE NAME: ATLANTA AUTO SALES CASE NUMBER: SUP2020-002/V2020-006 CURRENT ZONING: C-2 LOCATION: 4279 BUFORD HIGHWAY MAP NUMBERS: 6th DISTRICT, LAND LOT 259 ACREAGE: 0.85 ACRES PROPOSED DEVELOPMENT: APPROVE SPECIAL USE PERMIT AND ASSOCIATED VARIANCE TO ALLOW USED AUTO SALES AT AN EXISTING COMMERCIAL SITE FUTURE DEVELOPMENT MAP: INDUSTRIAL CORRIDOR APPLICANT: ZACHARY HOLMES 840 PLEASURE IVES CT AUBURN GA 30011 CONTACT: ZACHARY HOLMES 770-325-6028 OWNER: LEE JONES 7070 BUFORD HWY DORAVILLE GA 30340 RECOMMENDATION: DENY  SUP2020-002/V2020-006 SUMMARY: The applicant is seeking approval of a special use permit to allow for used auto sales at an existing building and property along Buford Highway just northeast of the intersection with South Old Peachtree Road. The property adjoins other C-2 zoning across Buford Highway in unincorporated Gwinnett County. It also adjoins C-2 zoning in Peachtree Corners to the southwest but is otherwise surrounded by M-2 zoning. The existing C-2 zoning permits used auto sales on at least 1.5 acres with an approved special use permit. The property is 0.85 acres in size, thus necessitating the variance request that is part of this application. ZONING HISTORY: The property has always been used for automobile-related uses. In 1999, Gwinnett County approved a rezoning and special use permit for auto repair. Prior to that, the county denied a request to operate a towing and wrecker facility on the property in 1991. There are no minimum lot sizes for these approved uses. ZONING STANDARDS: Zoning Code Section 1702 identifies specific criteria that should be evaluated when considering a zoning decision. These criteria are enumerated as ‘A’ through ‘F’, below. Following each item is the applicant’s response followed by Staff’s comment. A. Will this proposed rezoning, special use permit, or change in conditions permit a use that is suitable in view of the use and development of adjacent and nearby property? Applicant’s Response: Yes, across the street is another open car lot. Staff’s Comment: Given the existing auto-related uses nearby, the use is in character with the surrounding area, however, the site does not meet the minimum lot size for this type of use. B. Will this proposed rezoning, special use permit, or change in conditions adversely affect the existing use or usability of adjacent or nearby property? Applicant’s Response: No, they are selling a different low end product. We are selling a higher end vehicle and offering service. Staff’s Comment: The proposal is similar to others approved uses nearby and is generally consistent with the uses in the area. C. Does the property to be affected by a proposed rezoning, special use permit, or change in conditions have reasonable economic use as currently zoned? 2  SUP2020-002/V2020-006 Applicant’s Response: Yes it will be an increase of economic status for Peachtree Corners, the more we sell and service, the more tax we pay Peachtree Corners. Staff’s Comment: The property has a reasonable economic use as currently zoned. D. Will the proposed rezoning, special use permit, or change in conditions result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools? Applicant’s Response: No, my location has a decel lane. Staff’s Comment: Given that the building and site are already existing and there is sufficient parking, impacts on infrastructure should remain unchanged. There will be no impact on schools. E. Is the proposed rezoning, special use permit, or change in conditions in conformity with the policy and intent of the land use plan? Applicant’s Response: No, we are doing the same of what’s existing, in zoning but adding dealer location. Staff’s Comment: (see Comprehensive Plan heading, below.) F. Are there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposed rezoning, special use permit, or change in conditions? Applicant’s Response: Yes, right now we are zoned for auto broker which limits myself selling cars and barely growing. If I have a special use permit and open lot, I will sell more automobiles which will generate more tax for Peachtree Corners which will beautify the community more. Also my property will be a beautiful car lot and nice high end vehicles. Staff’s Comment: The city permits used auto sales in this district with an approved special use permit on sites with at least 1.5 acres. While this area is already home to numerous auto-oriented businesses, the property does not meet the minimum size and the applicant has not demonstrated a hardship to justify a variance. COMPREHENSIVE PLAN: The 2040 City of Peachtree Corners Character Area Map indicates that the property is located within the Industrial Corridor Character Area. Policies for this area encourage industrial and commercial uses appropriate to the Buford Highway transportation corridor which provides good automobile access to adjacent properties. 3  SUP2020-002/V2020-006 DEPARTMENT ANALYSIS: The proposal for used auto sales is consistent with C-2 zoning and the Character Area along Buford Highway. However, this use is required to be on a site of at least 1.5 acres in size. The applicant’s property is 0.85 acres. The applicant describes their hardship as being unable to expand the property to meet the minimum size. However, the property was this size and configuration prior to the applicant being involved. Variances are based on hardship which are identified in the zoning code as follows: A. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; and B. The application of the Resolution to this particular piece of property would create an unnecessary hardship; and C. Such conditions are peculiar to the particular piece of property involved; and D. Such conditions are not the result of any actions of the property owner; and E. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Resolution. Based on Staff’s analysis, none of the hardship criteria has been met. RECOMMENDATION: After review of the applicant’s proposal and other relevant information, it is recommended that SUP2020-002/V2020-006 be denied. 4  SUP2020-002/V2020-006 If the Planning Commission is inclined to approve the application, staff recommends the following conditions: 1. The special use permit approval shall be limited to the 0.85 acres located at 4279 Buford Hwy. 2. All vehicle maintenance and repair work shall be conducted indoors. 3. All vehicle parking areas shall be paved, and vehicles shall be parked in designated paved parking spaces with adjacent drive aisles which meet the requirements of the Zoning Ordinance. 4. Vehicles shall not be parked in landscape areas and shall not be stacked or stored in such a way that vehicles are not readily moveable or accessible. 5. No inoperable vehicles shall be stored on the property. 6. Existing landscaping along the street frontages shall be maintained and enhanced with evergreen hedge plants which shall be 3 ft. tall at installation and spaced 5 ft. apart. 7. The dumpster shall be placed in an enclosure made primarily of brick and approved by Staff. 8. The property shall be maintained in a clean and sanitary manner. 9. Conditions 6 and 7 shall be met prior to the issuance of a business license. 10. Monument signs shall be no greater than 10 ft. in height. 11. No billboards shall be permitted on the property. 5  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP Atlanta Auto Sales CASE NUMBER: SUP2020-002/V2020-006 PLANNING CITY COUNCIL CITY COUNCIL COMMISSION 1ST READING 2ND READING HEARING DATES: Sep. 15, 2020 Sep. 22, 2020 Oct. 27, 2020 PROPERTY ADDRESS: 4279 Buford Highway CIC2020-002 Pet Boarding  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT CHANGE IN CONDITIONS ANALYSIS PLANNING COMMISSION DATE: NOVEMBER 12, 2020 CITY COUNCIL DATE: DECEMBER 15, 2020 CASE NAME: PET BOARDING CASE NUMBER: CIC2020-002 CURRENT ZONING: C-2 WITH CONDITIONS LOCATION: 5075 PEACHTREE PKWY, STE 107 MAP NUMBERS: 6th DISTRICT, LAND LOT 318 ACREAGE: 8.63 ACRES PROPOSED DEVELOPMENT: CHANGE IN CONDITIONS TO ALLOW OVERNIGHT PET BOARDING CHARACTER AREA MAP: CENTRAL BUSINESS DISTRICT APPLICANT: MASON PETERSON 621 ROCK ELM DR AUBURN GA 30011 CONTACT: MASON PETERSON 404-839-3654 OWNER: ICM VI JONES BRIDGE SQUARE LP 445 BISHOP ST, STE 100 ATLANTA GA 30318 RECOMMENDATION: DENY  CIC2020-002 SUMMARY: The applicant would like to establish a pet boarding facility in the space adjacent to her existing pet grooming salon at the Ingles Shopping Center. The pet grooming establishment currently occupies a 1700-square-foot space known as Suite 106 and has been operating without complaint since its approval in early 2018. The applicant’s proposal is to provide a facility for overnight boarding for 16 pets and day care for 20 additional pets in a 1750 sq. ft. space. In order to accommodate this use, the applicant is seeking to change the conditions of a past rezoning case at the shopping center property which prohibits kennels. The property consists of a main shopping center parcel containing an Ingles grocery store as well as numerous smaller retail shops and restaurants. There are five outparcels containing a mix of retail, restaurant, educational, and medical office uses. These parcels are located on the west side of Peachtree Parkway just north of Jones Bridge Road. These properties are adjacent to R-75 single-family properties to the rear. The applicant requests to change a condition of past case CIC2017-002 which itself was approved to allow for a pet grooming salon in the adjacent suite. When approval for this case was granted, a condition was imposed which states that “no overnight stays or kennel-type business is permitted.” ZONING HISTORY: The entire property was rezoned from C-1 and O-I to C-2 in 1993 (Case RZ1993-079). A subsequent rezoning (Case RZ1996-134) allowed for a change to conditions to allow for construction of the former McDonald’s restaurant on one of the outparcels. In 2017, the current applicant requested a change in conditions to allow for a pet grooming salon which was approved and is currently in operation. ZONING STANDARDS: Zoning Code Section 1702 identifies specific criteria that should be evaluated when considering a zoning decision. These criteria are enumerated as ‘A’ through ‘F’, below. Following each item is the applicant’s response followed by Staff’s comment. A. Will this proposed rezoning, special use permit, or change in conditions permit a use that is suitable in view of the use and development of adjacent and nearby property? Applicant’s Response: Yes Staff’s Comment: The proposed use is typically permitted in conjunction with other animal-related businesses such as veterinarian’s offices or grooming establishments. While the 2017 case permitted the grooming establishment, it also imposed the condition prohibiting overnight stays. 2  CIC2020-002 B. Will this proposed rezoning, special use permit, or change in conditions adversely affect the existing use or usability of adjacent or nearby property? Applicant’s Response: No Staff’s Comment: The C-2 zoning district typically allows for pet related uses in shopping centers; however, the space for the use needs to be sufficient to accommodate the associated facility activities. C. Does the property to be affected by a proposed rezoning, special use permit, or change in conditions have reasonable economic use as currently zoned? Applicant’s Response: Yes Staff’s Comment: The property has a reasonable economic use as currently zoned. D. Will the proposed rezoning, special use permit, or change in conditions result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools? Applicant’s Response: No Staff’s Comment: The small scale of this proposal will have minimal impact on infrastructure. E. Is the proposed rezoning, special use permit, or change in conditions in conformity with the policy and intent of the land use plan? Applicant’s Response: Yes Staff’s Comment: (see Comprehensive Plan heading, next page.) F. Are there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposed rezoning, special use permit, or change in conditions? Applicant’s Response: No Staff’s Comment: The zoning ordinance typically permits pet businesses in the C-2 district. However, overnight boarding requires some amount of outdoor space which has not been addressed in this application. COMPREHENSIVE PLAN: The 2040 City of Peachtree Corners Character Area Map indicates that the property is located within the Central Business District Character Area. Policies for this area include encouragement of commercial, retail and service businesses to serve residents and workers. 3  CIC2020-002 DEPARTMENT ANALYSIS: Pet services facilities are generally consistent with C-2 zoning and are typically permitted in shopping centers, as evidenced by the applicant’s adjacent pet grooming salon. However, unlike most pet service uses, a boarding facility with overnight accommodations has the added burden of providing space for pet exercise and outdoor activity. The letter of intent included with the application states that the business will offer, “high quality pet suites with plenty of exercise time”. However, at 1750 sq. ft., there is no space within the facility to accommodate exercise. There is also no space outside the shopping center that has been identified for this purpose. Use of the front parking lot or the service alley behind the shopping center would not be acceptable solutions. And walking multiple pets in and near the adjacent neighborhood would be burdensome to nearby residents. In conclusion, it appears that the tenant space at this location is inadequate to accommodate the proposed pet boarding use. RECOMMENDATION: After review of the applicant’s proposal and other relevant information, it is recommended that CIC2020-002 be Denied. ______________________________________________________________________ If application approval is considered, the following conditions may be included: 1. Case CIC2017-002 shall be amended to remove “overnight stays or kennel- type businesses” as a prohibited use. 2. All boarding activity shall occur indoors. 3. The applicant shall ensure that the parking lot, sidewalks, and landscaped areas within 100 feet of the business in all directions shall be maintained free of dog waste. 4. Signage shall be in conformance with Chapter 54 of the City Code and the Activity Center/Corridor Overlay District standards. 4  CIC2020-002 5. The applicant shall maintain in sanitary condition any outdoor pet relief areas serving the business. 6. A maximum of 36 animals may be boarded on the premises. 5  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 310 Technology Parkway, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP Pet Boarding CASE NUMBER: CIC2020-002 PLANNING CITY COUNCIL CITY COUNCIL COMMISSION 1ST READING 2ND READING HEARING DATES: Nov. 12, 2020 Nov. 17, 2020 Dec. 15, 2020 PROPERTY ADDRESS: 5075 Peachtree Pkwy, Ste 107  CIC2020-003 Veterinary Clinic  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT CHANGE IN CONDITIONS ANALYSIS PLANNING COMMISSION DATE: NOVEMBER 12, 2020 CITY COUNCIL DATE: DECEMBER 15, 2020 CASE NAME: VETERINARY CLINIC CASE NUMBER: CIC2020-003 CURRENT ZONING: C-2 WITH CONDITIONS LOCATION: 5075 PEACHTREE PKWY, STE 101 MAP NUMBERS: 6th DISTRICT, LAND LOT 318 ACREAGE: 8.63 ACRES PROPOSED DEVELOPMENT: CHANGE IN CONDITIONS TO ALLOW VETERINARY CLINIC CHARACTER AREA MAP: CENTRAL BUSINESS DISTRICT APPLICANT: JAIME CHO 4382 FIELDING LN PEACHTREE CORNERS GA 30092 CONTACT: JAIME CHO 404-545-7650 OWNER: ICM VI JONES BRIDGE SQUARE LP 445 BISHOP ST, STE 100 ATLANTA GA 30318 RECOMMENDATION: APPROVE WITH CONDITIONS  CIC2020-003 SUMMARY: The applicant would like to provide veterinary services in a 2,000 sq. ft. vacant space at the southern end of the Ingles Shopping Center. The office hours for the vet clinic would be M-F 8AM – 6PM and every other Saturday 8AM -noon. In order to accommodate this use, the applicant is seeking to change the conditions of a past rezoning case at the shopping center property which prohibits veterinary clinics. The property consists of a main shopping center parcel containing an Ingles grocery store as well as numerous smaller retail shops and restaurants. There are five outparcels containing a mix of retail, restaurant, educational, and medical office uses. These parcels are located on the west side of Peachtree Parkway just north of Jones Bridge Road. These properties are adjacent to R-75 single-family properties to the rear. The applicant requests to change a condition of past rezoning case RZ1996-134. The condition states that animal hospitals and veterinary clinics are prohibited uses. In 2017, an adjacent suite requested a change in conditions (CIC2017-002) which was approved to allow for a pet grooming salon which was also previously prohibited by RZ1996-134. ZONING HISTORY: The entire property was rezoned from C-1 and O-I to C-2 in 1993 (Case RZ1993-079). A subsequent rezoning (Case RZ1996-134) allowed for a change to conditions to allow for construction of the former McDonald’s restaurant on one of the outparcels. In 2017, a request was made for a change in conditions to allow for a pet grooming salon which was approved and is currently in operation. ZONING STANDARDS: Zoning Code Section 1702 identifies specific criteria that should be evaluated when considering a zoning decision. These criteria are enumerated as ‘A’ through ‘F’, below. Following each item is the applicant’s response followed by Staff’s comment. A. Will this proposed rezoning, special use permit, or change in conditions permit a use that is suitable in view of the use and development of adjacent and nearby property? Applicant’s Response: Yes Staff’s Comment: The proposed use is typically permitted in C-2 zoning districts. However, a previous rezoning case added a condition which prohibited animal hospitals and veterinary clinics. In 2017, an application by a different business owner was made to allow for a pet grooming establishment in a nearby suite. That grooming business has been operating for over two years with no neighborhood complaints. The nearest residential property line is 250 feet from the proposed veterinary clinic. 2  CIC2020-003 B. Will this proposed rezoning, special use permit, or change in conditions adversely affect the existing use or usability of adjacent or nearby property? Applicant’s Response: No Staff’s Comment: The C-2 zoning district typically allows for animal hospitals and veterinary clinics. Given the neighborhood-serving character of the existing shopping center, accommodations for pets fit the needs of nearby customers and may enhance the viability of the shopping center rather than detract from it. C. Does the property to be affected by a proposed rezoning, special use permit, or change in conditions have reasonable economic use as currently zoned? Applicant’s Response: Yes Staff’s Comment: The property has a reasonable economic use as currently zoned. D. Will the proposed rezoning, special use permit, or change in conditions result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools? Applicant’s Response: No Staff’s Comment: The small scale of this proposal will have minimal impact on infrastructure. E. Is the proposed rezoning, special use permit, or change in conditions in conformity with the policy and intent of the land use plan? Applicant’s Response: Yes Staff’s Comment: (see Comprehensive Plan heading, next page.) F. Are there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposed rezoning, special use permit, or change in conditions? Applicant’s Response: No Staff’s Comment: The zoning ordinance typically permits animal hospitals and veterinary clinics in the C- 2 district and this use is generally compatible with those around it. COMPREHENSIVE PLAN: The 2040 City of Peachtree Corners Character Area Map indicates that the property is located within the Central Business District Character Area. Policies for this area include encouragement of commercial, retail and service businesses to serve residents and workers. 3  CIC2020-003 DEPARTMENT ANALYSIS: The proposal for a veterinary clinic is consistent with C-2 zoning and is a use that is typically permitted, along with other animal-related businesses, such as the adjacent pet grooming salon. Given the commercial character of the area and the substantial distance to the nearest residential property, it is unlikely to be a detriment to surrounding properties. RECOMMENDATION: After review of the applicant’s proposal and other relevant information, it is recommended that CIC2020-003 be approved subject to the following conditions. 1. Case RZ1996-134 shall be amended to remove “animal hospitals and veterinary clinics” as a prohibited use. 2. The applicant shall ensure that the parking lot, sidewalks, and landscaped areas within 100 feet of the business in all directions shall be maintained free of dog waste. 3. Signage shall be in conformance with Chapter 54 of the City Code and the Activity Center/Corridor Overlay District standards. 4. The applicant shall maintain in sanitary condition any outdoor pet relief areas serving the business. 5. No overnight pet accommodations shall be permitted except as needed for post-surgery care. 4 Letter of Intent: To Whom It May Concern: I, Jaime Cho, am submitting this Letter of Intent on behalf of Peach Paws, LLC regarding the space located at 5075 Peachtree Parkway Suite 101 Peachtree Corners, GA 30092. I am a companion animal veterinarian that has been practicing medicine for 8 years. I have been in the veterinary industry for 14 years. I practiced in a small private practice located in Johns Creek for 6 years and have a large following of clients waiting for me to open in Peachtree Corners. I come to you not only as a veterinarian but also as a fellow resident of Peachtree Corners. My heart is to serve this community that I reside in. My desire is to help my neighbors with compassionate, genuine, educational pet care. As Peachtree Corners continues to grow and become a more enticing place to live and work, there has become an increased need for quality veterinary care. My intention is to offer services for cats and dogs. I will be offering a full range of veterinary services including well checkups, vaccinations, surgery, dentistry, radiology, and diagnostic testing. Peach Paws Animal Hospital will not offer any overnight boarding or daycare with the exception of occasional hospitalized pets. I pride myself in having the most up to date and innovative equipment, technology, and medical practices. My hope in the future is to also partner with Peachtree Corners schools and businesses to provide education, fun events, and internships for the next generation. Peach Paws will be mostly an appointment only animal hospital offering curbside and face to face visits. The hospital will be open Mon, Tue, Thu, Fri 8:00AM - 6:00PM and Wed 8:00-12:00PM and every other Saturday 8:00AM - 12:00PM. Sincerely, Jaime Cho, DVM  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 310 Technology Parkway, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP Veterinary Clinic CASE NUMBER: CIC2020-003 PLANNING CITY COUNCIL CITY COUNCIL COMMISSION 1ST READING 2ND READING HEARING DATES: Nov. 12, 2020 Nov. 17, 2020 Dec. 15, 2020 PROPERTY ADDRESS: 5075 Peachtree Pkwy, Ste 101  PH2020-008 Gateway85 Overlay  Memo TO: Planning Commission FROM: Diana Wheeler, Community Development Director DATE: November 12, 2020 SUBJECT: Amendment to Overlay District for Gateway85 CID The Gateway85 Community Improvement District (CID) is the state’s largest CID and represents more than 550 owners, accounting for more than $1 billion in commercial property value in Gwinnett County. The district has 3,000 businesses that employ more than 30,000 workers. While most of the area covered by the CID is in unincorporated Gwinnett County or within the City of Norcross, a very small portion extends into southeastern Peachtree Corners, particularly along Buford Highway between DeKalb County and Jimmy Carter Boulevard. (See Map ‘A’) Gateway85 CID focuses on improving the district by using funds paid by the property owners in the form of added millage rate. Those funds are then used to update infrastructure like bridges and sidewalks, study mobility and logistics improvements, and enhance security and beautification efforts over its 14-square mile district. A recent effort of the CID is to create an overlay district with additional standards to create a consistent, high-quality environment across the CID’s three jurisdictions. A committee comprised of elected officials and government employees of the three municipalities as well as business owners within the CID worked with TSW Design to craft standards for the district. Although, the CID has the resources to develop design standards, it doesn’t have the legal ability to enforce them. Therefore, the CID is requesting each municipality and the County to adopt the design standards and incorporate them into the jurisdiction’s zoning requirements. Peachtree Corners already has an Overlay Design District that incorporates most of the commercial areas of the City (See Map ‘B’). So, many of the CID proposed design standards are already included in the City’s Zoning Code. There are, however, some differences between what is being proposed and what exists. The most significant changes involve the following: • The threshold at which the new standards will apply to redevelopment or substantially renovated properties. The proposed thresholds are 25% to 30% of the property rather than the standard 50%. • Prohibiting outdoor displays at pawn shops, tire stores, second-hand stores, and appliance stores • Requiring pedestrian walkways to the front of businesses from the public sidewalk • Limiting the number of commercial driveways into any one specific property • Additional screening requirements for parking lots, outdoor mechanical equipment, and fleet parking areas Staff Recommendation: Staff supports those changes highlighted in yellow in the proposed ordinance titled Sec. 1315. - Activity Center/Corridor Overlay District Requirements. However, staff does not recommend those changes highlighted in green. Map ‘A’ Gateway85 Community Improvement District  Map ‘B’ PEACHTREE CORNERS LEGEND City of Peachtree Corners Activity Center/Corridor Overlay District Gateway85 Subdistrict Other Cities *Text highlighted in YELLOW proposed by Gwinnett 85 CID *Text highlighted in GREEN proposed by Gwinnett 85 CID, but not supported by City Staff Sec. 1315. - Activity Center/Corridor Overlay District Requirements. Sec. 1315.1.2. Applicability. The requirements of the Overlay District shall apply to all non-residential and attached residential properties within the geographic areas shown on the Peachtree Corners Overlay District Map below. Whenever the requirements of the Overlay District impose a more or less restrictive standard than the provisions of any other statute or covenant, the requirements of the Overlay District shall govern. ... Sec. 1315.3.1. Gateway85 Subdistrict Findings and Purposes. The Gateway85 portion of the Activity Center/Corridor Overlay District is intended to enhance the economic vitality of the area of the city covered by the larger Gateway85 Community Improvement District. The purpose of the district is to achieve and maintain a unified and pleasing aesthetic/visual quality in landscaping, architecture and signage; and to promote alternative modes of transportation within the district through the provision of pedestrian and local public transit. Sec. 1315.3.2. Applicability. The requirements of the Gateway85 Subdistrict shall apply to all non-residential and attached residential properties within the geographic areas shown on the Peachtree Corners Activity Center/Corridor Overlay District Map in Sec. 1315.1.2 (above). Whenever the requirements of the district impose a more or less restrictive standard than the provisions of any other statute or covenant, the requirements of the district shall govern. All buildings, structures, or land, in whole or in part, shall be used, occupied, erected, constructed, moved, enlarged, or structurally altered, in conformance with this overlay. Nothing in this overlay shall require any change in the plans, construction or intended use of a building or structure for which a lawful permit has been issued or a lawful permit application has been accepted before the effective date of this overlay, provided that the construction under the terms of such permit is diligently followed until its completion. It is not the intent of this overlay to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this overlay imposes a greater restriction upon the use of property, or requires more space than is imposed or required by other resolutions, rules or regulations, or by easements, covenants or agreements, the provisions of this overlay shall govern. Sec. 1315.3.3 Non-Conformities and Redevelopment Thresholds. 1. Non-conforming signs. Non-conforming signs (including sign structures) related to a business, service, commercial transaction, or other use that has been discontinued for 90 calendar days or more shall be removed within 120 calendar days of the date of discontinuance. 2. Redevelopment thresholds. 2.A Renovations. Renovations, alterations, adaptations, restorations, repairs, or other physical modification to a structure or portion of a structure that existed before adoption of this overlay, shall be subject to the provisions of Article XIII, unless the requirements of “A” through “F” immediately below otherwise apply. 2.B Thirty percent or more destruction. Destruction of a non-conforming building or structure by any means to an extent of more than 30% percent of its replacement cost at time of destruction.(STAFF SUPPORTS CURRENT STANDARD OF 50%) 2.C Expansion. Expansions to any building, use, or improved site area beyond 25% cumulatively of what existed before adoption of this overlay shall be subject to the provisions of this overlay in accordance with the Redevelopment Thresholds Table (Table 1315.1.3.1 below). .(STAFF SUPPORTS CURRENT STANDARD OF 50%) 2.D Site Disturbance. Site disturbance or modifications greater than 25% cumulatively of the improved site area in existence before adoption of this overlay shall be subject to the provisions of this overlay in accordance with the Redevelopment Thresholds Table (Table 1315.1.3.1 below) .(STAFF SUPPORTS CURRENT STANDARD OF 50%) 2.E .Change of use. Change from a use that existed before adoption of this overlay shall be subject to the provisions of this overlay in accordance with the Redevelopment Thresholds Table (Table 1315.1.3.1 below).  2.F Multiple thresholds. When a proposed activity includes multiple thresholds identified in “B” through “E” immediately above, the provisions of each applicable threshold shall apply. Table 1315.3.3.1. Redevelopment Thresholds Table Sections of this overlay that 30% or More Site Expansion Change of Use shall apply Destruction Disturbance Sec. 1315.3.6.1 Streetscape Mandatory Not Mandatory Mandatory Not Mandatory Standards Sec. 1315.3.6.2 Pedestrian Mandatory Mandatory Mandatory Mandatory Access Sec. 1315.3.6.3 Access Mandatory Not mandatory Not mandatory Not mandatory Management Sec. 1315.3.6.4 Landscaping Mandatory Mandatory Mandatory Not Mandatory Requirements Sec. 1315.3.6.5 Parking/Yard Mandatory Mandatory Mandatory Not Mandatory Height, Setback Sec. 1315.3.6.6 Signage, Mandatory Mandatory Mandatory Mandatory Temporary Uses, Peddling Sec. 1315.3.6.7 Architectural Mandatory Mandatory Mandatory Mandatory Design Sec. 1315.3.6.8 Screening Mandatory Mandatory Mandatory Mandatory Sec. 1315.3.6.9 Site Accessories Mandatory Mandatory Mandatory Mandatory Sec. 1315.3.6.10 Amenity Space Mandatory Mandatory Mandatory Mandatory Sec. 1315.3.4 Definitions. The following words, terms, and phrases shall have the following meanings when used in this overlay: Improved site area. The portion of a parcel or lot that is not in its natural, undisturbed state. Priority Corridor. High visibility corridors that are held to a higher design standard, including: A. Amwiler Road; C. Buford Highway; and G. Jimmy Carter Boulevard; Underlying zoning district. The base zoning district applicable to a parcel shown on the official zoning map. Sec. 1315.3.5 Use Provisions. 1. General. Uses shall be in accordance with the underlying zoning district, except as specifically otherwise stated in this section. 2. Prohibited Uses. The following use are prohibited in this overlay: 2.A Adult entertainment; 2.B Junk and salvage yards; 2.C Pawn shops; and 2.D Tire sales (used). 3. Vehicle repairs. All vehicle repairs shall be fully conducted indoors, regardless of whether the vehicle repairs are a principal or accessory use.  4. Used vehicle sales. Used vehicles shall not be displayed for sale on any premises unless associated with a conforming Automotive Sales Lots. 5. Outdoor display standards. 5.A Prohibited outdoor displays. The following types of outdoor display of merchandise and materials for sale, rental, or storage are prohibited: (1) Outdoor display when accessory to a pawn shop; (2) Outdoor display when accessory to a second hand shop; (3) Outdoor display of any used merchandise when accessory to any use; and (4) Outdoor display of appliances when accessory to any use. 5.B Tire outdoor display. The outdoor display of tires for sale, rental, or storage require a special use permit in accordance with Sec. 1705. Sec. 1315.3.6. Design Requirements. 1. Streetscape Standards 1.A Streetscapes shall be installed along public rights-of-way as specified in Table 1315.2.1.1: Streetscape Standards, except as provided in “B” immediately below for an alternative multi-use trail. Streetscapes shall include a sidewalk landscape strip adjacent to the roadway, a sidewalk, and a landscape strip at the back of the sidewalk on private property. Table 1315.3.6.1 Streetscape Table Sidewalk Street Type Sidewalk Landscape Strip Landscape Strip Principal Arterial, Major Arterial, Minor Min. 2 ft. Min. 8 ft. Min. 10 ft. per Sec. 50-83 Arterial, Major Collector Local Min. 2 ft. Min. 5 ft. Min. 10 ft. per Sec. 50-83 1.B A multi-use trail may be required instead of a sidewalk landscape strip and sidewalk where identified as a multi-use trail in any plan that has been adopted by the City. 1.C Sidewalks shall be constructed with an additional 2-foot by 8-foot concrete pad, located outside of the right-of-way, designed to accommodate existing or future pedestrian amenities such as benches, planters, and trash containers, at the following locations: (1) At intersections of Priority Corridors with an arterial, major collector or minor collector identified on the Gwinnett County Long Range Road Classification Map. (2) At locations along Priority Corridors designated for a transit stop or future transit stop by Gwinnett County Department of Transportation. (3) At locations along Priority Corridors corridor designated for a school bus stop by the Gwinnett County Board of Education. (4) Such pedestrian amenity sidewalk pads shall not be required closer than 300 feet from another such pad on the same side of the Priority Corridor. 1.D All amenities required and listed above shall be decorative, commercial-quality fixtures. Sidewalk design and placement of any of these amenities shall be reviewed and approved by the Gwinnett or Georgia Department of Transportation. Locations of pedestrian amenity sidewalk pads shall be coordinated to avoid locations of curb inlets, guardrails, and bridges.  1.E All new utility lines shall be located underground. Provide streetlights along all public rights-of-way utilizing decorative light poles/fixtures. Light source shall be Light Emitting Diodes (LED), Metal Halide, or Color Corrected High-pressure Sodium. Streets lights shall be staggered, 150 feet on-center, along both sides of the roadway. All street lighting shall be subject to review and approval of the Gwinnett County Department of Transportation. Where applicable, streetlights shall be placed adjacent to required pedestrian amenity sidewalk pads. The District shall utilize Cobrahead light fixture heads. Pole type design is Fluted Black and the maximum pole height is 40'. 1.F Provide lighting throughout all parking areas utilizing decorative light poles/fixtures. Light source shall be Light Emitting Diodes (LED), Metal Halide, or Color Corrected High- pressure Sodium , not exceeding an average of 4.5 foot-candles of light output throughout the parking area. Other than pedestrian light fixtures which will be less than 14 feet tall, light fixtures shall be hooded. All lighting will be Light Emitting Diodes (LED), Metal Halide, or Color Corrected High-pressure Sodium. Lighting shall be directed to avoid intrusion on adjacent properties and away from adjacent thoroughfares. Parking lot light fixtures which are utilized shall be as follows: The District shall utilize boxhead light fixture. Pole type design is Fluted Black and the maximum pole height is 35'. 1.G Rope lighting. Rope lighting is prohibited, including on the interior of a building when visible from the exterior. 2. Pedestrian Access shall be provided by means of a walkway that connects the public sidewalk to the front of the building. 2.A Parcels under 2 acres shall provide a walkway with a minimum width of 5 feet, except as specified in “C” immediately below. 2.B Parcels 2 acres or larger shall provide a walkway with a minimum width of 5 feet and a landscape strip with a minimum width of 5 feet along both sides of the required walkway, except as specified in “C” immediately below. 2.C Walkways and landscape strips are not required for existing buildings or uses when the applicant demonstrates that their installation would do any of the following: (1) Render the parcel non-conforming with regards to parking; or (2) Result in a 10% or more reduction in the number of parking spaces on the parcel; or (3) Require the construction of retaining walls, site grading, site excavation, or site fill; or (4) Is determined by the Director of Planning and Development to be infeasible because of topographic or other site-specific constraints. 2.D The required or provided walkway surface shall be hardscape but may not be asphalt. 2.E The required or provided landscape strip shall be planted in accordance with the standards of the City of Peachtree Corners Buffer, Landscape and Tree Ordinance. 3. Access Management . 3.A Driveways. (1) The maximum number of driveways serving a single project shall not exceed one per 400 feet of property frontage, or fraction thereof per street, along a Priority Corridor. This is not meant to be a spacing standard but only an expression of the total number of driveways permitted for a single project. (2) Driveways may not be located on a Priority Corridor when vehicular access is available from a right-of-way that is not classified as a Priority Corridor. 3.B Inter-parcel access. Inter-parcel access, joint driveways, cross-access drives, and access easements shall be provided, as follows, except where the Director of Planning and  Development determines that they are infeasible because of topographic or other site- specific constraints: (1) Inter-parcel vehicular connections or provision of a future inter-parcel driveway stub (with appropriate cross-access easements) shall be required between abutting commercial, office, industrial, or attached residential parcels; (2) Joint driveways and cross-access easements shall be established between abutting commercial, office, industrial, or attached residential parcels; (3) Driveways providing inter-parcel shall be designed with a design speed of 25 mph and a two-way travel aisle, with a minimum of 20 feet to accommodate automobiles, service vehicles, and loading vehicles; and (4) Required inter-parcel access shall not be gated or otherwise access controlled. 4. Landscaping Requirements . 4.A Provide, at a minimum, 20 Tree Density Units per acre for all non-residential development. Type and size of plantings shall be in compliance with City of Peachtree Corners Buffer, Landscape and Tree Ordinance. At least 50 percent of plantings shall consist of trees 3-inches in caliper (dbh) or greater. 4.B Provide landscaped islands throughout all surface parking areas as required by the City of Peachtree Corners Buffer, Landscape and Tree Ordinance. 4.C Provide non-ornamental shade trees spaced 50-feet on-center or grouped at 120-feet on-center along the right of way on the following roads: a. Peachtree Industrial Boulevard. b. Peachtree Parkway. c. Peachtree Corners Circle/Jones Mill Road. d. Holcomb Bridge Road. e. Jimmy Carter Boulevard. All street trees shall be a minimum 4-inch caliper (dbh) at the time of planting. Street trees shall be planted six-(6)-feet from back-of-curb subject to review and approval of the Georgia Department of Transportation or Gwinnett County Department of Transportation. Street trees shall be of one (1) or a combination of the following species: 1. Willow Oak. 2. Overcup Oak. 3. Nuttal Oak. 4. Pin Oak. 5. Shumard Oak. 6. Lacebark. 7. Japanese Zelkova. 4.D Natural vegetation shall remain on the property until issuance of a development permit. 5. Parking/Yard, Height & Setback . 5.A For retail developments exceeding 125,000 square feet of gross floor area, at least ten percent of all required parking spaces shall be provided in parking areas of porous paving or grass paving systems, such as "Grasscrete" or "Grasspave," not to exceed 1,000 parking spaces or as approved by the Director of Planning and Development.  5.B Up to 25 percent of the required parking spaces for any development may be reduced in total area, width or depth for designated small vehicle parking. Each small vehicle parking space shall not be less than eight (8) feet in width and 17 feet in depth. 5.C Freestanding buildings or shopping center developments containing 7,500 gross square feet of space or less shall provide no more than 20 percent of parking areas in the front of building(s) and be limited to no more than one double row of parking. No more than 20 percent of off-street parking areas may be located to the sides of building(s), with the balance of parking located to the rear the building(s). 5.D For developments exceeding 7,500 square feet, building placement is encouraged to be close to, and oriented towards, the public right-of-way with the majority of parking to the sides and rear, where possible. 5.E Decorative, commercial-quality, bicycle racks, benches and trash receptacles shall be required for all retail and office developments. 6. Signage; Temporary Uses; Peddling . 6.A Except as contained herein, sizes and amount of signage shall not exceed the requirements of the Sign Ordinance. 6.B Oversized Signs or Billboards shall not be permitted. 6.C Ground signs shall be limited to monument-type signs. Base and sign structure shall be constructed of materials such as brick, stone, stucco, wood or metal consistent with the architecture and exterior treatment of the building. 6.D Blinking, exposed neon, portable, inflatable and temporary signage shall be prohibited. 6.E Peddlers shall be prohibited. 6.F Flexible tube lighting or any form of strip lighting around commercial windows, store fronts, or commercial signage shall be prohibited. Usage of existing tube/strip lighting shall be discontinued (and such lighting shall be removed) by 12/31/16. 7. Architectural Design . 7.A Architectural design of all non-residential buildings should comply with the following performance guidelines: (1) Building facades shall be of architectural treatments of glass and/or brick, stone or stucco. Tilt-up or pre-cast concrete or alternate material may be used for industrial, multi-story office (3-stories or greater) or hotel development subject to review and approval of the Director of Planning and Development. (2) Contrasting accent colors of any wall, awning or other feature (other than dark green or brick red) shall be limited to no more than 15 percent of the total area for any single facade. (3) Metal sided or portable buildings shall be prohibited. (4) Foundation plantings. All building foundations along a Priority Corridor shall conform to these standards, except as provided for in “c” immediately below: a. All portions foundations that extend more than 12 inches above finished grade shall be screened from Priority Corridors with continuous evergreen or semi-evergreen shrubs. b. At the time of installation, the screening shall be at least 1 foot in height and reach a height of 3 feet within 3 years of planting. c. Foundation plantings are not required adjacent to ground floor commercial storefronts when said plantings would obstruct views into the commercial establishments, subject to approval of the Director of Planning and Development. (5) Buildings of less than 5,000 square feet of gross floor area shall be designed with pitched roofs, minimum pitch of 4 in 12.  (6) Roofing materials for pitched or mansard roofs shall be limited to the following: a. Metal standing seam of red, green or silver in color. b. Tile, slate or stone. c. Wood shake. d. Shingles with a slate, tile or metal appearance. (7) Any accessories provided such as railings, benches, trash receptacles and/or bicycle racks shall complement the building design and style. 7.B Architectural design of all commercial/retail buildings should comply with the following additional performance guidelines: (1) To lend the appearance of multi-tenant occupancy, facades of multi-tenant buildings shall be varied in depth or parapet height. (2) Within Planned Shopping Centers, distinct architectural entry identity for individual tenants' entrances shall be provided for suites exceeding 10,000 square feet of leasable area. (3) Walls visible from roadways or parking areas shall incorporate changes in building material/color or varying edifice detail such as trellises, false windows or recessed panels reminiscent of window, door or colonnade openings, landscaping or storefront every 150 linear feet. (4) Roof parapets shall be articulated to provide visual diversity. Parapets shall include articulations or architectural features at least every 100 linear feet. The minimum height of articulations or features shall be one (1) foot, and may be provided in height offset or facade projections such as porticoes or towers. (5) Building design shall include minimum one (1) foot deep cornices, extending along the entire front of buildings and the sides of buildings at least (10) ten feet. (6) Building design shall include a minimum one (1) foot high contrasting base, extending along the entire front of buildings and the sides of buildings at least ten (10) feet. 7.C Architectural design of all attached residential buildings shall comply with the following performance guidelines: (1) Architectural treatments of each building elevation shall be a minimum 50 percent brick, stone or stucco. The balance of each building elevation may be wood, wood shake or fiber cement-type siding. Building plans shall be subject to review and approval of the Director of Planning and Development, or his/her designee, prior to the issuance of a Building Permit. Designs which are inconsistent with these performance guidelines may be denied. Alternate designs which have been denied by the Director, may be submitted for review and approval of the City Council. 8. Screening 8.A General. Walls and fences required by this section shall conform to the following: (1) Walls and fences shall be faced in of one or more of the following: stained poured-in place concrete, architectural block, brick, stone, cast-stone, stucco, prefinished metal, or painted wood. (2) Walls and fences may not be faced in any of the following: chain link fencing (with or without slats), concrete masonry units, unpainted wood, repurposed pallets, garbage, repurposed vehicles, plastic, canvas, netting, or corrugated metal. 8.B Outdoor storage, vehicular fleet storage. Outdoor storage and vehicular fleet storage areas shall be screened from Priority Corridors as follows:  (1) Outdoor storage and vehicular fleet storage areas shall be screened from Priority Corridors by an opaque wall or fence. (2) The screening design shall be compatible with the principal building in terms of texture, quality, material, and color. (3) Screening shall be of a height equal to or greater than the height of the materials or merchandize being screening, but not less than 6 feet high. 8.C Loading areas. Loading areas shall be screened from Priority Corridors as follows: (1) Loading areas for new buildings shall not be located along a street-facing façade. (2) If an existing or new loading area is provided along a street-facing facade, the entire loading area, including any loading docks and vehicular loading areas, shall be screened from Priority Corridors with one of the following: a. An 8-foot high wall or fence compatible with the principal building in terms of texture, quality, material, and color; or b. Evergreen plant material that can be expected to reach a height of 8 feet with a spread of 4 feet within three years of planting to provide continuous visual screening. 8.D Service areas. Service areas shall be screened in all locations as follows: (1) Trash and recycling collection, and similar service areas shall be located to the side or rear of buildings and shall not be between a building and the street. (2) Trash and recycling collection and other similar service areas shall be screened on three sides by an opaque wall or fence and on the fourth side by an opaque gate. (3) Screening, including the gate, shall be at least 6 feet high. (4) The gate shall be self-locking and maintained in good working order. (5) The screening design shall be compatible with the principal building in terms of texture, quality, material, and color. 8.E Ground-mounted equipment. Ground-mounted equipment shall be screened from Priority Corridors as follows: (1) Ground-mounted mechanical equipment shall be screened from Priority Corridors by an opaque fence or wall, berm, or landscaping. (2) Screening fence or wall design shall be compatible with the principal building in terms of texture, quality, material, and color. (3) Screening shall be of a height equal to or greater than the height of the equipment being screened. 8.F Roof-mounted equipment. Roof-mounted equipment shall be screened from Priority Corridors as follows: (1) Roof-mounted equipment shall be set back at least 10 feet from the edge of the roof and screened from Priority Corridors. (2) New buildings shall provide a parapet wall or other architectural element that is compatible with the principal building in terms of texture, quality, material, and color that fully screens roof-mounted equipment from ground level view. (3) For buildings with no or low parapet walls, roof mounted equipment shall be screened on all sides by an opaque screen compatible with the principal building in terms of texture, quality, material, and color. 8.G Wall-mounted equipment. Wall-mounted equipment shall be screened from Priority Corridors as follows:  (1) Wall-mounted equipment located on any surface shall be screened from Priority Corridors by an opaque fence or wall, or landscaping. (2) The screening design shall be compatible with the principal building in terms of texture, quality, material, and color. (3) Screening shall be of a height equal to or greater than the height of the mechanical equipment being screened. 8.H Off-street parking areas. Off-street parking areas shall be screened as follows: (1) Off-street parking areas shall be screened from streets by a fence or wall, or berm, and a minimum ten-foot wide landscaped strip between all road rights-of- way and the back-of-curb of abutting off-street paved parking lots. (2) At a minimum, landscaped strips shall be planted in accordance with the City of Peachtree Corners Buffer, Landscape and Tree Ordinance. (3) Screening fence or wall design shall be compatible with the principal building in terms of texture, quality, material, and color. (4) Screening shall be at least 30 inches high. (5) Screening shall be installed between the parking area and the sidewalks. Perpendicular driveway crossings and walkways are allowed through the screening. 9. Site Accessories 9.A Fences and walls. (1) Chain link fencing is prohibited, except in M-1 and M-2 zoning districts and only when the chain link fencing is not visible from a Priority Corridor. (2) Barbed wire, razor wire, or similar elements is prohibited, except in M-1 and M-2 zoning districts and only when the chain link fencing is not visible from a street. (3) Any wall or fence which extends into the required front yard shall be ornamental or decorative and either constructed as: a. A solid wall faced in brick, stucco, or stacked stone wall; or b. As a wrought iron-style fence with brick or stacked stone columns (maximum 30-feet on-center). (4) When fences or walls are located within the streetscape landscape strip listed in Sec. 1315.2.8, they shall be set back at least 5 feet from the public right-of-way in order to provide landscaping between the fence and the sidewalk. 9.B Shopping cart corals. Shopping cart corrals located in the parking areas of retail developments shall be of decorative quality. Shopping cart storage within 50 feet of the store entrance shall be screened from view from the parking lot. 10. Amenity Space 10.A At least 5 percent of the net project acreage (total acreage of the project excluding 100- year floodplain and wetland areas) of all new non-industrial developments over 10 acres in size shall be provided as Amenity Space as required by this section. 10.B Required Amenity Space shall be available as exterior space appropriately improved for pedestrian amenity or for aesthetic appeal. 10.C Amenity Space shall be met in one contiguous open area or in multiple open areas on a parcel; however, to receive credit, the area shall be at least 10 feet in width and length, and at least 50% of the required amenity space shall be located in one contiguous open area. 10.D All Amenity Space, other than rooftop areas shall be located at grade. 10.E Amenity Space may be roofed provided it is part of the common area facilities and it is not enclosed. 10.F Amenity Space shall not be parked or driven upon, except for emergency access and permitted temporary events. 10.G In calculating the minimum amenity space requirement, the following or similar facilities may be included: (1) Ground-level common area facilities such as sidewalks/walkways, swimming pool, playground, sport court, dog park, garden, community garden, park, green pavilion, seating area or plaza, landscape areas, bio-retention areas (when designed as an amenity), pond/lakes, and water features. (2) Upper level common area facilities such as a common balcony, rooftop deck or rooftop garden. (3) Required buffers and/or State stream buffer may not be considered amenity space