Planning Commission Regular Meeting

Tyrone Planning Commission Agenda May 24, 2018 7:00 PM Planning Commission I. Call to Order Jeff Duncan II. Approval of Agenda Chairman David Nebergall III. Approval of Minutes from May 10, 2018 Vice-Chairman IV. Public Hearing Carl Schouw Commissioner 1. Consideration of a rezoning of a 1 acre tract with parcel number Dia Hunter 0736-060 from applicant Brett Vincent. Requested rezoning is Commissioner from C-2 (Highway Commercial) to M-1 (Light Industrial). Phillip Trocquet, Planning & Development Coordinator. Scott Bousquet Commissioner V. New Business Staff VI. Staff Comments Phillip Trocquet Planning & VII. Commission Comments Development Coordinator VIII. Adjournment Patrick Stough Town Attorney Meeting Information 2nd & 4th Thursday of each month 881 Senoia Road Tyrone, Ga 30290 770-487-4038 www.tyrone.org  Town of Tyrone Planning Commission Meeting Minutes Thursday May 10, 2018 7:00 PM Present: Chairman, Jeff Duncan Vice-Chairman, David Nebergall Commission Member, Carl Schouw Commission Member, Dia Hunter Commission Member, Scott Bousquet Town Attorney, Patrick Stough Planning & Development Coordinator, Phillip Trocquet Planning Commission Chairman Jeff Duncan called the meeting to order at 7:00 pm. Approval of Agenda Commissioner Schouw made a motion to approve the agenda. Commissioner Bousquet seconded the motion. Motion was approved 4-0. Approval of Minutes for April 26, 2018 Commissioner Schouw made a motion to approve the minutes from April 26, 2018. Commissioner Hunter seconded the motion. Motion was approved 4-0. Public Hearing: 1. To consider text amendments to the following sections of the Town of Tyrone Zoning ordinance. Phillip Trocquet, Planning & Development Coordinator. a. Section 113-2, pertaining to “Definitions” of Article I of the Zoning Ordinance, to remove definitions for “automotive repair/service station” and “automotive sales and repair” and to add definitions for the following: “Automobile, Automobile Repair, Automobile Sales, Automobile Service Station, Commercial Motor Vehicle Repair, Commercial Motor Vehicle Sales, and Small Engine Sales and Repair.” b. Section 113-128, pertaining to the “Downtown Commercial District (C-1)” of Article V of the Zoning Ordinance, to add “Automobile Repair” and “Small Engine Sales and Repair” to the list of conditional uses identified in subsection (b). Page 1 of 5  c. Section 113-129, pertaining to the “Highway Commercial District (C-2)” of Article V of the Zoning Ordinance, to remove paragraphs (a) (9), (b) (4), (b) (9), (b) (19), and (b) (27) and subsequently add “Automobile Repair”, “Automobile Sales”, “Commercial Motor Vehicle Repair”, “Commercial Motor Vehicle Sales”, and “Small Engine Sales and Repair” to the list of conditional uses identified in subsection (b). d. Section 113-130, pertaining to the “Light Industrial District (M-1)” of Article V of the Zoning Ordinance, to remove paragraphs (b) (4), (b) (11), (b) (12), and (b) (16) and subsequently add “Automobile Repair”, “Automobile Sales”, “Automobile Service Station”, “Commercial Motor Vehicle Repair”, “Commercial Motor Vehicle Sales”, and “Small Engine Sales and Repair” to the list of conditional uses identified in subsection (b). e. . Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to remove and replace paragraph (10) entitled “Automobile Repair and Paint Shops” with “Automobile Repair” and succeeding conditions. f. Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to remove and replace paragraph (49) entitled “Motor vehicle sales and repairs; boat dealer; recreational vehicle; commercial vehicle dealer” with “Automobile Sales” and succeeding conditions. g. Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to add a new category, in proper alphabetical order, entitled “Commercial Motor Vehicle Repairs. (M-1)” and succeeding conditions to the allowed conditional uses. h. Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to add a new category, in proper alphabetical order, entitled “Commercial Motor Vehicle Sales. (C- 2, M-1)” and succeeding conditions to the allowed conditional uses. i. Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to add a new category, in proper alphabetical order, entitled “Small Engine Sales and Repair. (C-1, C-2, M-1)” and succeeding conditions to the allowed conditional uses. Mr. Trocquet presented the item. Mr. Trocquet stated that the proposed text amendments were primarily to the C-1 (Downtown Commercial) zoning district although there were changes to other districts where definitions and terms were altered. Mr. Trocquet read each of the amendments aloud as follows: a. Section 113-2, pertaining to “Definitions” of Article I of the Zoning Ordinance, to remove definitions for “automotive repair/service station” and “automotive sales and repair” and to add definitions for the following: “Automobile, Automobile Repair, Automobile Sales, Automobile Service Station, Commercial Motor Vehicle Repair, Commercial Motor Vehicle Sales, and Small Engine Sales and Repair.” Page 2 of 5 b. Section 113-128, pertaining to the “Downtown Commercial District (C-1)” of Article V of the Zoning Ordinance, to add “Automobile Repair” and “Small Engine Sales and Repair” to the list of conditional uses identified in subsection (b). c. Section 113-129, pertaining to the “Highway Commercial District (C-2)” of Article V of the Zoning Ordinance, to remove paragraphs (a) (9), (b) (4), (b) (9), (b) (19), and (b) (27) and subsequently add “Automobile Repair”, “Automobile Sales”, “Commercial Motor Vehicle Repair”, “Commercial Motor Vehicle Sales”, and “Small Engine Sales and Repair” to the list of conditional uses identified in subsection (b). d. Section 113-130, pertaining to the “Light Industrial District (M-1)” of Article V of the Zoning Ordinance, to remove paragraphs (b) (4), (b) (11), (b) (12), and (b) (16) and subsequently add “Automobile Repair”, “Automobile Sales”, “Automobile Service Station”, “Commercial Motor Vehicle Repair”, “Commercial Motor Vehicle Sales”, and “Small Engine Sales and Repair” to the list of conditional uses identified in subsection (b). e. . Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to remove and replace paragraph (10) entitled “Automobile Repair and Paint Shops” with “Automobile Repair” and succeeding conditions. f. Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to remove and replace paragraph (49) entitled “Motor vehicle sales and repairs; boat dealer; recreational vehicle; commercial vehicle dealer” with “Automobile Sales” and succeeding conditions. g. Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to add a new category, in proper alphabetical order, entitled “Commercial Motor Vehicle Repairs. (M-1)” and succeeding conditions to the allowed conditional uses. h. Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to add a new category, in proper alphabetical order, entitled “Commercial Motor Vehicle Sales. (C-2, M-1)” and succeeding conditions to the allowed conditional uses. i. Section 113-190, pertaining to “Conditional Use Approval” of Article VII of the Zoning Ordinance, to add a new category, in proper alphabetical order, entitled “Small Engine Sales and Repair. (C-1, C-2, M-1)” and succeeding conditions to the allowed conditional uses. Chairman Duncan opened the public hearing for those in favor of the text amendment petition. No one spoke. Chairman Duncan closed the public hearing for those in favor of the text amendment petition. Chairman Duncan opened the public hearing for those in opposition to the text amendment petition. No one spoke. Chairman Duncan closed the public hearing for those in opposition to the text amendment petition. Commissioner Bousquet asked Mr. Trocquet if the previous zoning they discussed was grandfathered in. Mr. Trocquet responded stating that the owner of the property as part of the litigation would still inherit the previous uses as part of the grandfather status. Commissioner Hunter asked what the previous zoning was on the property (117 Palmetto Road). Mr. Trocquet stated that the previous zoning district was no longer listed in the ordinance since the zoning ordinance was readopted, but that it was similar to the Town’s current C-2 zoning district. Commissioner Bousquet asked if the previous uses would still be permitted. Mr. Stough stated that if someone currently had a non-conforming use on their property, the proposed text amendments would not negatively affect those Page 3 of 5 property owners. He stated that in some instances, uses may change from non-conforming to conforming, but not the opposite. Commissioner Hunter asked if C-2 uses were now going to be permitted in the C-1 zoning district. Mr. Trocquet stated that some of the uses in C-2 were redefined and listed as conditional uses in the C-1 zoning district. Mr. Trocquet stated that many of the redefined uses are more stringent in the C-1 district than in the C-2 district. Commissioner Schouw made a motion to approve the proposed text amendment petitions. Commissioner Nebergall seconded the motion. Motion was approved 3-2 with Commissioner Bousquet and Commissioner Hunter in opposition. 2. To consider a text amendment to section 113 of Article V of the Zoning ordinance to add provisions for a new zoning district entitled “Community Mixed Use District (CMU)” and succeeding conditions and regulations. Phillip Trocquet, Planning & Development Coordinator. Mr. Trocquet presented the item. Mr. Trocquet stated that mixed use developments are becoming an increasingly popular development pattern known primarily as ‘live, work, play’ developments and that the town did not currently have a zoning district or provisions that allowed both residential and commercial uses together. Mr. Trocquet stated that many developers had come to the town inquiring as to the possibility of developing a mixed-use development in town as many other cities have ordinances for mixed-use developments. Mr. Trocquet stated that staff recommended approval. Chairman Duncan opened the public hearing for those in favor of the text amendment petition. Mr. Nathan Dockery of Coweta County spoke in favor of the text amendment. Mr. Dockery stated that he as a developer was excited about a mixed-use development. Mr. Dockery stated that he sees a lot of benefits in the creation of a mixed-use development. He stated that safety is improved in such developments because they become someone’s home and community with eyes on the street and a constant presence as opposed to a purely commercial development. Chairman Duncan closed the public hearing for those in favor of the text amendment petition. Chairman Duncan opened the public hearing for those in opposition to the text amendment petition. No one spoke. Chairman Duncan closed the public hearing for those in opposition to the text amendment petition. Commissioner Bousquet asked about the district’s 40-acre requirement. He inquired as to how many 40-acre tracts of land existed in the Town with the potential to be rezoned to a CMU district. Mr. Trocquet stated that there are few places in the town with land available at that acreage and that the acreage would also need to conform to the town’s future land use map. Commissioner Bousquet asked how large the tract of land was that existed on the corner of Sandy Creek Road and SR-74. Mr. Trocquet stated that property was approximately 45 acres. Vice-Chairman Nebergall stated that he was in support of the ordinance requiring a market analysis/suitability study if requested by elected officials. He stated that he believed this was important to determine if a CMU development would thrive in the Town. Mr. Trocquet stated that the market analysis provision was pulled from the Town’s PUD development regulations. Commissioner Hunter made a motion to approve the text amendment. Commissioner Bousquet seconded the motion. Motion was approved 4-0. Old Business: Page 4 of 5 New Business: Public Comments: Staff Comments: Commission Comments: Adjournment: Vice-Chairman Nebergall made a motion to adjourn. The meeting adjourned at 7:18 pm. ____________________ __________________ Jeff Duncan, Planning Commission Chairman Phillip Trocquet, Planning & Development Coordinator Page 5 of 5 Staff Report Town of Tyrone, Department of Planning & Zoning Phillip Trocquet, Planning & Zoning Coordinator Date: May 24, 2018 881 Senoia Road, Tyrone GA 30290 ptrocquet @tyrone.org (770) 487-4038 ex. 108 DOCKET/CASE/APPLICATION NUMBER APPLICANT/PROPERTY OWNER RZ-2018-007 Brett Vincent PLANNING COMMISSION MEETING DATE TOWN COUNCIL MEETING DATE ADDRESS/LOCATION May 24, 2018 June 7, 2018 354 Senoia Road | Corner of Senoia & Rockwood Roads Summary Applicant Brett Vincent has submitted a rezoning petition for 354 Senoia Road. This petition is to rezone the 1 acre parcel from C-2 (Highway Commercial) to M-1 (Light Industrial). It is the applicant's intent to combine this lot with the adjoining lot to the north (0736-002) for the purpose of building a self-storage facility and office. Mr. Vincent's petition and application are included below. MAP SOURCE EXISTING ZONING EXISTING LAND USE SURROUNDING ZONING SITE IMPROVEMENTS SIZE OF PROPERTY & LAND USE C-2 (Highway Commercial: Office Water 1 Acre North: M-1 Commercial) South: C-1 East: C-2 & Unincorporated Fayette County (Residential) West: M-1 &C-1 COMPATIBILITY WITH FUTURE DEVELOPMENT MAP & COMPREHENSIVE PLAN PROPERTY HISTORY Property is consistent with the future development map and comprehensive plan. The Property was previously managed by property lies within the Production and Employment character area which encourages Lysha Wood as a counseling office. The heavy commercial to industrial development that provides attractive, landscaped entrances adjoining property to the north was and grounds, environmentally sensitive buffers and screens outdoor storage from public previously BBQ Junction restaurant. The view. Appropriate Zoning classifications include , C-1, C-2, M-1, and M-2. structures seen in the aerial image above have since been demolished. COMPATABILITY WITH ZONING ORDINANCE This rezoning petition is consistent with the zoning ordinance. M-1 land exists directly to the north. Due to the increase in setback that would occur as a result of a rezoning, it is required that the existing building on the property be demolished in order to meet the legal setback requirements. It is required that the building be demolished with 30 (thirty days) of the rezoning if passed. This date would be July 7th, 2018. If the demolition does not occur by that date, the property will revert back to it's previous zoning. STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS DENY Re-Zoning Request – 354 Senoia Road 1.0 Acre Parcel 0736 060 Legal Description Attached Present Zoning – C2, Proposed Zoning M-1 (one category higher zoning) Owner – Lysha E. Wood 354 Senoia Road Tyrone, GA 30269 Agent Paul Birkeli Property One, Inc 1308 Blue Sky Court Peachtree City, GA 30269 Adjacent Property Owner – Clyde Cooper 110 Flagstop Run Fayetteville, GA 30215 Agent Brent Randolph 900 Westpark Dr Suite 300 Peachtree City, GA 30269 Adjacent Property Owner - Lee Marthae 4010 Reidsboro Road Williamson, GA 30292 Gatekeeper Self-Storage The objective of this development is to build a visually attractive single story self-storage facility on 3.68 acres. The business will serve the local area with predominantly indoor “Climate-Controlled” self-storage services. Some “Drive-up” doors will also be offered. The existing office structure, once labeled “Hightography”, will be demolished and removed. The new facility will contain an office for Gatekeeper residential property management (currently located on Highway 54 in PTC). The office will also manage the self-storage facility. Visual screening affect and compliance will be achieved with the use of attractive landscaping, building lay-out/design, and fencing as appropriate. There will be no noticeable noise or traffic impact (1 car per hour) associated with this development. A. Will the zoning proposal permit a use that is suitable in view of the use and development of adjacent and nearby properties? M-1 is the existing zoning for the 2.68 Acre adjacent property bordering & surrounding this 1.0 acre C-2 property. M-1 is the continuous zoning of all of Shamrock Industrial Park on this western side continuing 1/4 mile North on Senoia Road. Behind this property is the railroad tracks and M-2 zoned heavy- industrial rock quarry. Directly across the street is an automotive repair shop, two residential properties, and a veterinarian clinic. The category requested is one step higher than existing category. This Rezoning will make the 1.0 acre parcel homogenous with the adjacent M-1 property. It is consistent with the surrounding area M-1 light-industrial use of the old highway 74 corridor at this southern tip of Tyrone. B. Will the zoning proposal adversely affect the existing use or usability of adjacent or nearby properties? There are no known adverse effects of this re-zoning request – noise, traffic, visual, lighting, or other. View of the self-storage facility from Senoia road on this property will be mostly screened attractive fencing, landscaping, and the exterior wall of the building (no roll up storage doors along Senoia Road). The rest of the facility will be visually screened by fence & accented by aesthetic landscaping on both Senoia road as well as Rockwood road, in accordance with ordinances. This is a very low-impact project in terms of visual and traffic impact. Approval of this project in fact precludes the possibility of some other perhaps higher-impact development idea. C. Does the property to be affected by the zoning proposal have a reasonable economic use as currently zoned? The 1.0 acre parcel to be re-zoned includes a 2100sf office building which will be removed (demolished) to comply with set-back requirements. The new facility will include a management office of approximately 2500sf for both the self-storage business and a residential property management company – Gatekeeper Properties (currently resides in PTC). The adjacent 2.68 acre M-1 parcel (to be incorporated) is near economically useless as it sits due to significant set-backs and easements which reduce the usable acreage from 2.68 to about 0.90 acres (33% utilization of 2.68 Acres). Joining the two parcels into one M-1 parcel eliminates the dis-function created by the set-backs between the parcels (502ft x 40ft set back areas). The potentially buildable space becomes about 1.6 acres, which is 44% utilization of 3.68 acres total. D. Will the zoning proposal result in a use which will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools? No! Industry average traffic for self-storage facilities is 1 car per hour. The entrance to the Self- Storage facility will be on Rockwood road. This project has a very low traffic impact. This low impact project also eliminates the potential for some different higher-impact development at this intersection. This use of this property would be consistent with the existing uses of all 4 corners of the intersection at Old Highway 74 and Crab Apple Lane. E. Is the zoning proposal in conformity with the policy and intent of the Comprehensive Land Use Plan? This proposed zoning of the parcel is consistent with both the general area and the land immediately bordering it. There is no adverse impact on the property across the street. The intersection currently looks abandoned and neglected. Adding the visually appealing landscaping which is common to today’s typical self-storage facilities which greatly enhance the look of the intersection. This will be a single story development. Attractive landscaping is essential to attracting customers. The current C-2 zoning of the subject property is rather odd relative to the surrounding M-1 zoning. As such, it renders the adjacent property all but un-usable due to: - 100ft setback on Senoia road x 200ft long - 70ft set-back on Rockwood road x 400ft long - 80ft easement by Oglethorpe power on the back of the property - 40ft easement between the two parcels – 502ft in length The loss due to set-backs and easements reduces the gross acreage from 2.68 acres to about 0.75 acres (28% utilization). But the shape of that remainder further cut-up so as to make it almost un-buildable. Combining these two properties and homogenizing the zone category creates a 3.68 acre property with a buildable area of about 1.6 acres (44% utilization). F. Are there other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal? The existing condition of the intersection is rather neglected and abandoned. This will create a very appealing and low impact reclamation of this corner of the intersection. Residential development along McDuff Parkway will bring strong demand for self-storage. This changing condition creates the opportunity for business and tax dollars to flow into the town of Tyrone.