Planning Commission Regular Meeting

Tyrone Planning Commission Agenda January 24, 2019 7:00 PM Planning Commission I. Call to Order Jeff Duncan II. Appointments Commissioner 1. Planning Commission Chairman Vote. Planning Commission Carl Schouw 2. Planning Commission Vice-Chairman Vote. Planning Commission Commissioner David Nebergall III. Approval of Agenda Commissioner IV. Approval of Minutes from December 12, 2018 Dia Hunter Commissioner V. Public Hearing Scott Bousquet 1. To consider a text amendment regarding Section 113-136, pertaining Commissioner to the “Community Mixed Use District,” of Article V of the Zoning Ordinance of the Town of Tyrone, to remove subsection ‘b’, Staff paragraph (4). Phillip Trocquet, Planning & Development Coordinator. Phillip Trocquet Planning & Development VI. New Business Coordinator 1. Consideration to approve a landscape plan for a new commercial Patrick Stough structure for the Real-Life Center at Dogwood Church by applicant Town Attorney Peter Madsen. Phillip Trocquet, Planning & Development Coordinator. Meeting Information VII. Staff Comments 2nd & 4th Thursday 1. BTP Zoning update & SR-74 Quality Growth Corridor update. Phillip of each month @ Trocquet, Planning & Development Coordinator. 7:00pm VIII. Commission Comments 881 Senoia Road Tyrone, Ga 30290 IX. Adjournment 770-487-4038 www.tyrone.org  Town of Tyrone Staff Report – 01/24/2019 Contact: ptrocquet@tyrone.org Subject: CMU Text Amendment A. Background/History: The CMU (Community Mixed Use) Zoning District was established to provide an option for planned unit development mixed use projects to apply for Planning Commission and Council approval. The district was modeled off of our existing PUD ordinance as well as specific regulations found in successfully implemented mixed use zoning districts in the metro Atlanta region for cities our size. The proposed text amendment is town-initiated. B. Findings: Although the district went through a rigorous review process, it was pointed out to staff, after adoption, that subparagraph four (4) of paragraph (b) was in need of reform or redaction. Although the intent of the language was to define what attributes constituted an applicable CMU property, the language was rather clunky and superfluous. Given the nature of the zoning district as a PUD and the other development standards listed in the district, it was ultimately recommended that the language be removed altogether. The language is below: a. For the purposes of this section, where two or more properties, lots or parcels are located within the same block or where two or more properties, lots or parcels have frontage on the same side of the street and are adjoining and such properties, lots or parcels are under common ownership or control and/or are being developed in a single development operation or a series of coordinated development operations, such properties, lots or parcels shall be considered as a single property. C. Recommendation: Staff recommends approval of the text amendment to remove Sec. 113-136 subparagraph (4) of paragraph (b). CMU District (Redlined) Sec. 113-136. - Community mixed-use district (CMU). (a) Purpose. The intent of the CMU District is to provide a mixed-use center, primarily non-residential in character, through a planned development. Upon council approval, supplemental residential uses may be permitted when complementary to and compatible with the orderly development of the planned project. The CMU District will allow innovative and creative design and promote high standards in the development layout to alleviate incompatibility between the internal uses in the development, to limit the expenditure of public funds, and to protect public safety to the greatest degree possible. (b) Requirements for a community mixed-use district. (1) No property may be rezoned to the CMU district without the concurrent approval of a development plan by the town council following public review and recommendation by town staff and the planning commission. All property rezoned and developed pursuant to a single development plan shall be referred to herein as a "CMU Development". (2) The boundaries of each CMU Development shall be as shown on the zoning map and shall correspond with the adopted development plan. (3) The minimum size for a CMU development is 40 acres. (4) For the purposes of this section, where two or more properties, lots or parcels are located within the same block or where two or more properties, lots or parcels have frontage on the same side of the street and are adjoining and such properties, lots or parcels are under common ownership or control and/or are being developed in a single development operation or a series of coordinated development operations, such properties, lots or parcels shall be considered as a single property. (5) A CMU development must have a minimum of 200 feet of frontage abutting State Route 74. (c) Application. Each application to rezone property to the CMU District and establish a development plan for the same shall follow the procedures set out below: (1) Pre-application conference. Prior to filing a petition to rezone property to the CMU district, the applicant shall meet with the zoning administrator to review the general character of the proposed development, including but not limited to, its scope, nature and location. At this time, the applicant shall be fully advised of the approval procedures contained herein as well as the various information and studies which the applicant may need in order to continue with said procedures. (2) Pre-recommendation meeting(s). Prior to filing a petition to rezone property to the CMU district and subsequent to the pre-application conference with the zoning administrator, the applicant shall meet with the planning commission in a plan review session(s). At this meeting, the applicant shall be required to review his/her plan with the planning commission and provide preliminary data concerning said plan as required by the planning commission. The planning commission may require additional pre-recommendation meetings to review said preliminary data prior to their pre-recommendation. (3) Rezoning petition. A petition to rezone property to the CMU District shall only be submitted subsequent to the pre-application conference with the zoning administrator and the pre- recommendation meeting(s) with the planning commission. The petition shall contain a development plan and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both proposed and existing. A petition to rezone property to the CMU district shall follow the procedures set out in article III of this chapter. (4) Development plan. The following information shall be submitted as the development plan: a. General location map; b. Current topographical map clearly showing existing conditions, including contour intervals of no more than five feet based on field survey or photogrammetric methods; c. Map showing the existing floodplains and flood soil as indicated by FEMA;  d. Existing and proposed land uses in the development site and all adjacent properties, including the approximate location of all streets; e. Legal description of the subject property; f. Location and use of existing and proposed public, semi-public, or community facilities such as schools, parks and other open space, including areas proposed to be deducted or reserved for community or public use; g. Conceptual drawings of representative building types for all non-residential structures which indicate the proposed general architectural style and appearance; and h. If a proposed development creates special problems or involves unusual circumstances, additional information as required by the zoning administrator in order to properly evaluate the proposal as follows: i. Off-street parking and loading plan; ii. Economic feasibility report or market analysis; iii. Area traffic study and circulation plan within the development and to and from existing thoroughfares; iv. Hydraulic, hydrologic;, and drainage engineering studies; v. Environmentally sensitive areas, including, but not limited to: watershed protection, wetlands, or groundwater recharge impact study; and vi. Based on the pre-application meeting with the zoning administrator and/or the pre- recommendation meeting(s) with the planning commission, other information as is deemed necessary may be requested; in addition, any of the aforementioned required information (items (a) thru (h)) may be excluded if deemed not applicable. (5) Summary of intent. The written statement submitted with the development plan shall include the following information: a. Statement of the present ownership of all land within the proposed development; b. Explanation of the character of the proposed development, including, but not limited to: a summary of uses, number and type of dwelling units, a net residential density calculation, and minimum standards for floor area, lot size, yard and spacing requirements; c. General statement of the proposed development schedule and progression of unit development or staging; and d. Agreements, provisions, and covenants which govern the use, maintenance, and protection of the development and any common or open space, including the provisions which will organize, regulate and sustain the property owners' association, where applicable. (6) Approval. After review and public hearing the planning commission shall provide a recommendation to the mayor and council. After a public hearing the mayor and council may approve, disapprove or approve the rezoning and the development plan with modifications. If the proposed rezoning and development plan are approved as submitted, the zoning administrator shall cause the official zoning map to be changed to indicate the change in zoning and the boundaries of the property affected by the approved development plan. If the rezoning and development plan are approved with modifications, the applicant shall file written notice of consent to the modification and a properly revised development plan with the zoning administrator prior to changing the official zoning map. The development plan and all other accompanying information shall be properly identified and permanently filed with the zoning administrator. (7) Subdivision approval. a. At the option of the applicant, a preliminary subdivision plat may be filed along with the development plan in order that tentative approval of the subdivision by the planning  commission may be granted, pending the approval by the mayor and council of the development plan. In no case shall final subdivision approval precede the approval of the development plan. b. Site development regulations, specifications, and procedures governing the platting of a CMU development and plat approval shall be in accordance with the Town of Tyrone subdivision regulations and development regulations. (8) Ownership control. At the time a final plat is approved and recorded for a CMU development, as applicable, the land comprising the area for the development shall be under one ownership, i.e., an individual, a corporation, or some other single legal entity. Individual lots may be sold only after the final plat has been approved and recorded and the deed contains sufficient covenants assuring the continuance of the CMU development as originally approved and developed. (9) Building and occupancy permits. The zoning administrator shall approve the issuance of building permits for buildings and structures in the CMU development if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations. A certificate of occupancy shall be issued for any completed building or structure if it conforms to the requirements of the approved development plan and all other applicable regulations. (10) Revision of development plan. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the approved uses, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the mayor and council upon the recommendation of the zoning administrator and planning commission. A request for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary or desirable. (d) Development standards. (1) Permitted uses. a. Residential uses. 1. Single-family attached and detached dwellings; 2. Townhouse dwellings; 3. Multi-family loft dwellings as part of a mixed-use commercial structure; and 4. Accessory uses and structures. b. Commercial and institutional uses. 1. Accounting, auditing and bookkeeping services; 2. Adult day care centers; 3. Advertising agencies excluding sign contractors; 4. Amphitheaters; 5. Antique stores; 6. Apparel and accessory stores (including dressmaker and tailor); 7. Appraisers; 8. Aquaponics/urban farming facilities; 9. Arcades 10. Art galleries; 11. Art studios; 12. Assembly halls; 13. Attorneys; 14. Auditoriums; 15. Automobile claims adjuster; 16. Bakeries, retail; 17. Banquet halls; 18. Barbershops and beauty shops; 19. Bicycle repair shops; 20. Blood donor stations; 21. Blueprinting and photocopying services; 22. Book and stationery stores; 23. Bowling alley; 24. Breweries; 25. Business agents and brokers; 26. Business incubators; 27. Business service support establishments; 28. Camera and photographic supply stores; 29. Carryout/delivery establishments; 30. Catalog mail order stores; 31. Caterers; 32. Churches and other places of worship and accessory facilities; 33. Cigar stores and stands; 34. Clerical; 35. Collection services; 36. College and university industry associated research and training facilities; 37. Commercial photography, art and graphics offices; 38. Commercial vocational schools; 39. Computer or data processing offices; 40. Convention or exhibition halls; 41. Counseling and guidance services; 42. Credit reporting services; 43. Cultural facilities; 44. Dance schools; 45. Day nurseries and day care centers; 46. Delicatessen and gourmet food stores (with incidental catering); 47. Dental care services; 48. Detective agency and protective services (excluding armored cars and animal rental); 49. Dinner theatres; 50. Doctors/physicians' offices; 51. Drafting services; 52. Drugstores; 53. Eating establishments, when accessory to a permitted use; 54. Electric transformer stations, gas regulator stations and telephone exchanges; 55. Employment agencies; 56. Engineering, planning and architectural offices; 57. Escape rooms; 58. Fabric shops; 59. Farm and garden supply stores; 60. Finance, insurance and real estate institutions; 61. Florists; 62. Food specialty shops (ice cream, coffee, soda fountain); 63. Furniture, home furnishing and appliance stores; 64. Gift, novelty and souvenir stores (excluding adult novelty); 65. Glass sales; 66. Grocery stores limited to a floor area not exceeding 5,000 square feet; 67. Gyms; 68. Hardware sales; 69. Health services clinics; 70. Historical society/welcome, information centers; 71. Hobby, toy and game shops; 72. Home health care; 73. Hotels; 74. Household and apparel stores; 75. Indoor sports facilities; 76. Interior decorator services; 77. Jewelry sales and repair; 78. Key duplicating shops; 79. Kitchen-ware stores; 80. Laundry and dry cleaning pick-up stations; 81. Lawn and garden supply; 82. Libraries; 83. Locksmiths; 84. Management, consulting and public relations services; 85. Manicure services (nail care); 86. Meat, seafood and poultry markets (excluding live poultry); 87. Medical and dental laboratories; 88. Medical photography; 89. Message answering services; 90. Museums; 91. Musical instrument sales and repair; 92. News dealers and newsstands; 93. Notary public; 94. Occupational physical therapy; 95. Office uses as part of a planned office center; 96. Optician and optometry stores; 97. Parcel and express services; 98. Parks; 99. Pet shops; 100. Pharmacies; 101. Photographic studios; 102. Picture framing stores; 103. Playhouses; 104. Political organizations; 105. Produce markets; 106. Radio and television broadcasting stations; 107. Radio, television and stereo sales and service; 108. Recording and developing studios; 109. Restaurants, general and convenience; 110. Seasonal outdoor retail (activity for the sale of flowers, garden supplies, produce); 111. Shoe repair and sales; 112. Skating rinks; 113. Solar generation facilities; 114. Specialized merchandise stores; 115. Specialized non-degree schools; 116. Sporting goods; 117. Swimming pools (prefabricated), hot tubs and spa sales; 118. Talent and theatrical booking agents; 119. Telecommuting centers; 120. Telephone business offices; 121. Ticket brokers; 122. Travel agencies; 123. Utility business offices; and  124. Veterinarians 125. Visiting nurse associations. (2) Dimensional and other requirements. Residential based density (max) 4 units/acre Open space % of lot area 25% Building façade height (min) 18' Building façade height (max) 45' Loft unit floor area (min) 600 square feet Single family dwellings and townhome dwelling floor area (min) 1200 square feet a. No more than 30% of the total aggregate square footage of a CMU development may be dedicated to residential use. b. No single occupant of a structure may exceed a footprint of 30,000 square feet. c. All setbacks along adjoining zoning districts shall be 75 feet. A 75-foot buffer shall be in effect along all bordering residential zoning districts coterminous with setbacks. d. Setbacks from major and minor collectors, minor thoroughfares, and residential streets shall be 75 feet. e. Setbacks from major thoroughfares and state routes shall be 100 feet. (3) Open space. a. Open spaces shall be provided in conformance with the approved development plan. b. Open space may utilize any of the following elements towards the open space calculation: i. Required yards, planted areas, fountains, community gardens, rooftop gardens, parks, plazas, hardscape elements related to sidewalks and plazas, amenity space, and similar features. ii. Required buffer areas may be counted toward open space requirements even if such buffer area is dedicated to the town or other governmental entity for recreation use, conveyed to a conservation group, or is subject to permanent easements for public use. (4) Fencing materials. No barbed wire, razor wire, chain-link fence, or similar elements shall be visible from any public plaza, ground level, or sidewalk level outdoor dining area or public right- of-way. (5) Drive through uses. Drive-through service windows and drive-in facilities are not allowed. (6) Storefront requirements. a. The length of facade without intervening transparency shall not exceed 20 feet. b. The ground story shall have a minimum 65 percent transparency.  c. Entrances may be counted where they are transparent. (7) Dumpsters and loading areas. Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public plaza, sidewalk-level outdoor dining area, public sidewalk or public right-of-way. In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls on three sides not less than eight feet in height, along with a gate or door. (8) Loading dock entrances for nonresidential uses. Loading dock entrances for nonresidential uses shall be screened so that loading docks and related activity are not visible from any public right- of-way. (9) Building mechanical and accessory features. a. Shall be located to the side, rear, or roof of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way. b. When located on rooftops, shall be incorporated in the design of the building and screened with building materials similar to the building. c. Shall not be permitted between the building and any public street. (e) Parking and site design standards. (1) Street requirements. New streets shall be provided in conformance with the development plan. (2) Inter-parcel connectivity. Opportunities for inter-parcel pedestrian and vehicle access points between all contiguous commercial, office, or multifamily residential parcels shall be provided. (3) Gates and security arms. Gates and security arms shall be prohibited from crossing any public street or sidewalk. (4) Off-site parking. Required parking spaces shall be permitted to be provided on adjacent or nearby property within a CMU district, provided said relocated spaces lie within 300 feet of the main entrance to the principal use for which such parking is provided. (5) Driveways and curb cuts. a. All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. A corresponding interior sign or painted bar on the driveway shall be provided adjacent to the sidewalk paving as needed. b. Except as required by Georgia Department of Transportation along state routes, no more than one curb cut shall be permitted for each development site, provided that properties with more than one street frontage may have one curb cut located on each street frontage. However, developments on properties with a single street frontage greater than 400 feet shall be permitted two curb cuts along one street frontage. (Ord. No. 2018-06, § 1, 5-17-2018) Staff Report 7RZQRI7\URQH'HSDUWPHQWRI3ODQQLQJ =RQLQJ 3hillip Trocquet, Planning & Zoning Coordinator Date: January 24, 2019 6HQRLD5RDG7\URQH*$ SWURFTXHW#W\URQHRUJ  H[ DOCKET/CASE/APPLICATION NUMBER APPLICANT/PROPERTY OWNER 3&01242019 'RJZRRG&KXUFK5HDO/LIH&HQWHU PLANNING COMMISSION MEETING DATE dKtEKhE/>MEETING DATE ADDRESS/LOCATION January 24, 2019 1$ *$7\URQH*$ Summary $SSOLFDQWKDVVXEPLWWHGa landscape planIRUWhe5HDO/LIH&HQWHURQ'RJZRRG &KXUFK VSURSHUW\RIIRI'RJZRRG7UDLODQG65 The applicant requested a 50% reduction in tree planting for the project given the large amount of wooded area existing on Dogwood Church's property. After providing information on existing tree densities on the property, the Town's Environmental Technician has approved the 50% request. 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A ENGINEERING CONSULTANTS 130 HOWARD LANE SUITE B FAYETTEVILLE, GA 30214 PHONE: 770-460-2200 PREPARED FOR: OWNER / DEVELOPER 24 HOUR CONTACT DOGWOOD CHURCH 975 HWY 74 NORTH TYRONE, GA 30290 CONTACT: PETER MADSEN PHONE: 404-606-0824 SCALE: HORZ. VERT. DESCRIPTION DATE NO. 7 6 5 4 3 2 1 DRAWN BY: J. FINNEY DESIGNED BY: D. HOVEY CHECKED BY: D. HOVEY ISSUE DATE 06/26/2018 PROJECT NUMBER 20180012 FOR CONSTRUCTION PLANS REAL LIFE CENTER - DOGWOOD CHRUCH 975 GEORGIA HWY 74 OVERALL SITE PLAN CITY OF TYRONE LL 121 & 136 DISTRICT 7TH OVERALL SITE PLAN TYRONE, FAYETTE COUNTY GA 30290 SHEET C3.1 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 H HOVEY & ASSOCIATES INC. A ENGINEERING CONSULTANTS 130 HOWARD LANE SUITE B FAYETTEVILLE, GA 30214 PHONE: 770-460-2200 PREPARED FOR: OWNER / DEVELOPER 24 HOUR CONTACT DOGWOOD CHURCH 975 HWY 74 NORTH TYRONE, GA 30290 CONTACT: PETER MADSEN PHONE: 404-606-0824 LOCATION MAP SCALE: HORZ. VERT. DESCRIPTION DATE NO. 7 6 5 4 3 2 1 DRAWN BY: B. MORRIS DESIGNED BY: B. MORRIS CHECKED BY: B. MORRIS ISSUE DATE 1/14/2019 PROJECT NUMBER 20180012 FOR LANDSCAPE PLAN REAL LIFE CENTER - DOGWOOD CHRUCH 975 GEORGIA HWY 74 LANDSCAPE PLAN CITY OF TYRONE LL 121 & 136 DISTRICT 7TH TYRONE, FAYETTE COUNTY GA 30290 LANDSCAPE PLAN SHEET L1.1