Planning Commission Regular Meeting

Tyrone Planning Commission Agenda February 13th, 2020 7:00 PM Planning Commission I. Call to Order David Nebergall II. Appointments Chairman 1. Appointment of a Chair & Vice Chair for 2020 Dia Hunter Vice-Chairman III. Approval of Agenda Jeff Duncan Commissioner IV. Approval of Minutes from December 12th, 2019 Carl Schouw V. Public Hearing Commissioner 1. To consider a text amendment from applicant Steven Gulas of MAP Scott Bousquet Equities to amend section 113-128 of the zoning ordinance, permitted Commissioner uses, to add assisted living/memory care/independent living. Phillip Trocquet, Planning & Development Coordinator Staff 2. To consider a text amendment from applicant Steven Gulas of MAP Phillip Trocquet Equities to amend section 113-128 of the zoning ordinance, Planning & development standards, to alter the permitted maximum building size. Development Phillip Trocquet, Planning & Development Coordinator Coordinator VI. New Business Patrick Stough Town Attorney 1. To consider a final plat lot consolidation to combine lots 1, 2, 3, & 4 of the Market Hill buisiness park into one 6.4 acre tract. From applicant John Lee on behalf of Konos Academy. Phillip Trocquet, Planning & Meeting Information Development Coordinator 2nd & 4th Thursday VII. Staff Comments of each month @ 7:00pm VIII. Commission Comments 881 Senoia Road IX. Adjournment Tyrone, Ga 30290 770-487-4038 www.tyrone.org  Town of Tyrone Planning Commission Meeting Minutes Thursday December 12th, 2019 7:00 PM Present: Chairman, David Nebergall Vice-Chairman, Dia Hunter Commission Member, Jeff Duncan Commission Member, Carl Schouw Commission Member, Scott Bousquet Town Attorney, Patrick Stough Planning & Development Coordinator, Phillip Trocquet Planning Commission Chairman David Nebergall called the meeting to order at 7:00 pm. Approval of Agenda Commissioner Duncan made a motion to approve the agenda. Vice-Chairman Hunter seconded the motion. Motion was approved 4-0. Approval of Minutes for August 22nd, 2019 & September 12th, 2019 Commissioner Bousquet made a motion to approve the minutes from August 22nd, 2019 and September 12th, 2019. Commissioner Schouw seconded the motion. Motion was approved 4-0. Public Hearing: Old Business: New Business: 1. To consider a final plat lot consolidation to combine parcels 0727013, 0727028, and 0727018 into one 93-acre lot from applicant David Hudson on behalf of Bethel Atlanta Church. Phillip Trocquet, Planning & Development Coordinator Mr. Trocquet presented the item. He stated that Bethel Church was seeking a lot consolidation to combine most of their 100 acres into a single 93 acre tract. He stated that the technical review committee was still reviewing the plat as there were some discrepancies in the inclusion of properties with different zoning. They are just combining all properties that have AR zoning. He stated that the plat also needed to show water features, floodplains, structures and other items to the plat as well. Commissioner Bousquet asked if the two properties north of their current property between Tyrone Road would be included or purchased by Bethel Church. Chairman Nebergall asked the same of the property at the corner of Tyrone Road and Farr Road. Mr. Trocquet responded that those properties were not being included in the plat and that he was not aware of any intention for Bethel Church to acquire those properties. Commissioner Hunter asked why the church did not rezone all of their non-AR properties at the same time. Mr. Trocquet responded that he did not know. Page 1 of 2 Commissioner Schouw made a motion to approve the lot consolidation plat. Vice-Chairman Hunter seconded the motion. Motion passed 4-0. Staff Comments: Mr. Trocquet presented the item and stated that the Town was under construction on the new combined municipal complex. He revealed a site plan showing a three acre tract and a 17,000 square foot building. Mr. Trocquet pointed out a detention pond in the front and a small one in the rear. Commissioner Duncan asked about turning some of the detention ponds to rain-gardens or better stormwater BMPs. Vice Chairman Hunter asked for confirmation that the stormwater detention pond would be right on the road. Mr. Trocquet confirmed and stated that the original plan was to utilize Shamrock Park's lake as the main stormwater detention area. Feasibility studies came back not in support of that design, thus the detention pond was required to be located in the front yard due to cost. Commissioner Duncan stated that the implementation of better stormwater BMP's and rain gardens is something that should be encouraged amongst developers and that the Town should be setting the best precedent since our pond would be directly in the front yard of the building. Mr. Trocquet agreed and stated that since the Town was doing its landscape plan in-house that it would be the highest priority in the landscape design. Vice-Chairman Hunter said that the Town should consider the speed at which water runoff will travel since there may be steep elevation changes on site. Commissioner Duncan stated that another option for the Town was to implement porous asphalt or other rainwater/runoff options to set a good example as well. Vice-Chairman stated that he had a concern with only one access and the police department parking in the very rear of the parking lot. He noted that there could be conflict. Mr. Trocquet stated that he remembered a discussion regarding that very issue and that there would likely be a gate in the rear of the parking lot for the Police Department to exit from in case of an emergency. Chairman Nebergall asked if the rendition on the front page was an actual rendering of the building. Mr. Trocquet confirmed that it was an actual rendering and that there would be a ringing "bell" in the tower. Commissioner Bousquet asked how far Mr. Deyton's existing home would be from the site. Mr. Trocquet stated that the home would be 50 feet from the parking lot and roughly 100 feet from the building. Chairman Nebergall asked if the Town would have an opportunity to purchase the remaining property if Mr. Deyton no longer wished to live there. Mr. Trocquet stated that he was not sure if the Town had first- right-of-refusal on the property. Commissioner Bousquet asked if there would be a gym or fitness center. Mr. Trocquet stated that there would be showers in the current building, but that there was not a gym or fitness center included. He stated that the Town would likely continue a partnership with West-Fayette Barbell for gym membership. Chairman Nebergall asked what would happen to the existing Town Hall. Mr. Trocquet stated that there was not a full plan in place, but that ideas were thrown around in regards to leasing out the office space and/or eventually making it a community center. Mr. Trocquet stated that the next meeting of the new year will require the election of a chairman and vice chairman. Commission Comments: Commissioner Duncan asked where the sewer line was going. Mr. Trocquet showed it on a map. Commissioner Hunter asked if there was any movement on the Sandy Creek Corners development. Mr. Trocquet stated that there hasn't been much movement on it since the rezoning. Commissioner Bousquet asked about the roundabout at Arrowood Rd., Palmetto Rd., and Spencer Lane. Mr. Trocquet stated that there was the investigation into upgrading that design from a mini roundabout to a full roundabout. Adjournment: Commissioner Duncan made a motion to adjourn. The meeting adjourned at 7:41 pm. ____________________ __________________ David Nebergall, Planning Commission Chairman Phillip Trocquet, Planning & Development Coordinator Page 2 of 2  Town of Tyrone Staff Report – 02/13/2020 Contact: ptrocquet@tyrone.org Subject: Steve Gulas Text Amendment Request A. Background/History: Mr. Steve Gulas has submitted a text amendment request to alter language in Section 113-128 for the C-1 (Downtown Commercial) zoning district regarding permitted uses and development standards regarding maximum building size. Specifically, Mr. Gulas presented an addition of Assisted Living/Memory Care/Independent Living institutions as permitted uses in the C-1 district. He is also requesting that the current standard maximum building size of 30,000 total square feet be amended to read "Maximum building size - 30,000 s.f. footprint" or "Maximum building size - 45,000 s.f. for single story & 30,000 s.f. for multi-story." B. Findings: a. Square Footage Requirement i. In researching the origin of the square footage development standard, staff found ordinance 306 from 2007 which intended a square footage maximum to limit big-box development. ii. Given that big box developments in suburban communities are almost always single- story structures, it does not seem contradictory to the intent of the ordinance to allow a 30,000 s.f. maximum footprint requirement. From a size and massing perspective, buildings would be held to the same height restrictions and architectural standards. iii. Given that the 30,000 s.f. footprint does not seem to contradict the intent of the ordinance for C-1, it is staff’s opinion that the C-2 district should be treated equally. b. Assisted Living, Memory Care, Independent Living i. Assisted Living, Memory Care, and Independent Living establishments are currently not listed in the Town's ordinance. Given that these establishments are being developed at an increasing rate in the County, it seems appropriate for the Town to incorporate them into the ordinance in some fashion. The closest use the Town has is Nursing Home, defined as: "A facility which admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains the services and facilities for skilled nursing care and rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home; it otherwise complies with these rules and regulations." ii. Mr. Gulas presented each term as interchangeable and as a single proposed use. Based on the application of such uses in other communities, staff recommends that an overarching term of care home be used for assisted living & memory care with the following definitions: 1. Care home means a state licensed convalescent center, assisted living facility, memory care facility, or similar use established to render long-term domiciliary care to individuals of retirement status no longer able to live independently.  This shall not include facilities for the care of mental patients, epileptics, alcohol/drug use patients, or nursing homes. 2. Independent Living Facility – a facility containing units which is part of a life care community and includes complete facilities for independent living, including cooking and sanitary facilities. The occupants are presumed to be able to function independently of the support facilities of the life care community. iii. The request for said uses to be included in the C-1 district is consistent with other uses allowed in the district. The lower intensity district of O-I (Office-Institutional) includes nursing homes as a permitted use. Staff recommends the investigation of adding nursing homes to C-1 if Care Homes and Independent Living Establishments are added to this district. iv. It should be noted that all permitted uses in the C-1 zoning district are allowed in the C-2 (Highway Commercial) district as well. C. Recommendations: a. To amend section 113-128 subsection (a) to add Care Home and Nursing Home as permitted uses for the C-1 District. b. To amend section 113-2 to add definitions for Care Home with the definition provided in this staff report. c. To amend section 113-128 subsection (c) to revise the maximum building size to reflect a 30,000 s.f. footprint. d. To amend section 113-128 subsection (c) to revise the maximum building size to reflect a 30,000 s.f. footprint.  Application & Supporting Documentation From: Text Amendment Application To: permits.tyrone@gmail.com Subject: New submission from Text Amendment Application for a Text Amendment Date: Friday, January 24, 2020 12:45:39 PM Applicant Information Name Debra Gulas Organization MAP Equities, LLC Address 240 Bridgestone Cove Fayetteville, Georgia 30215 United States Map It Email stevengulas@comcast.net Phone (770) 722-6789 Text Amendment Petition Subject: Building Footprint and Zoning Use for Assisted Living & Memory Care/ Nursing Home Please state the current provisions of the text to be affected by the amendment. The ordinance for C1 zoning does not state specifically Assisted Living/Memory Care/ Independent Living as an allowed use, and Assisted Living/Memory Care/ Independent Living is not listed in any use in Tyrone, however O&I zoning states Nursing Home as allowed use. Also, the C1 ordinance does not assign a maximum footprint to the building, but rather states 30,000 square foot maximum. Assisted Living has nurses and a wellness center, in which doctors and physical therapists visit the facility. Operationally, a staff is dedicated on each floor, so suitable footprint is required. Effectively it is a healthcare facility where residents live. What is the proposed wording of the text change? We request Assisted Living/Memory Care/ Independent Living as an allowed use in C1 zoning or C1 zoning Quality Growth Overlay District (Hwy 74) only. We also request the ordinance address the maximum building footprint to be 30,000 sf for multi-story building and a maximum of 45,000 sf for a single story building. Please state the reason for the amendment request. In most jurisdictions any uses listed in O&I are automatically included in C1 however that is not the case in Tyrone so we are requesting that this lower zoning use be allowed in C1, or at least the highway 74 portion of C1. Also regarding the current 30,000 sf max it was probably intended to discourage retail big box stores in the downtown district. We are looking to build an Assisted Living/Memory Care facility on our property at the southeast corner of Hwy 74 and Dogwood Trail, and our current plans are two story 27,800 sf per floor, 80 unit facility as recommended by our feasibility study. Our intended use is non retail commercial use on a sewer package plant (specialized septic system). Master Plan/Zoning Ordinance Explain how the proposed Text Amendment is consistent with the purpose and intent of the Town's Comprehensive Plan, Future Development Map, and Zoning Ordinance. The C1 Quality Growth Overlay District is intended to high quality architecture, and new Assisted Living/Memory Care/Independent Living are attractive buildings with very little parking. The "Gateway" properties are intended for high architectural standard. Square footage wise, AL/MC/IL is not big box. Explain how the proposed Text Amendment will enhance the functionality or character of future development in the Town of Tyrone. A senior living facility with healthcare functions will benefit the town. Describe how the proposed Text Amendment will protect the health, safety, and general welfare of the public. Assisted Living/ Memory Care/ Independent Living will provide a supervised safe place for seniors in need of assistance, nor Independent Living for seniors 62 and older. Environment & Other Explain how the proposed Text Amenmdment is needed to correct an error or omission in the original text. The overall ordinance does not specifically address Assisted Living/Memory Care/Independent Living as a use in any zoning. The C1 ordinance is not clearly written as 30,000 sf total or 30,000 sf footprint. Describe how the proposed Text Amendment will address a community need in physical or economic conditions or development practices. Assisted Living/Memory Care/Independent Living will provide a need for seniors and will require smaller parking lot than most developments since most residents cannot drive. Facilities need to be a certain size to be efficient and feasible because of healthcare staffing costs. Certification By checking the box below, the petitioner states that he/she has read, understands and has completed this application. Petitioner Certification Staff Report Town of Tyrone, Department of Planning & Zoning Phillip Trocquet, Planning & Zoning Coordinator Date: February 13, 2020 881 Senoia Road, Tyrone GA 30290 ptrocquet @tyrone.org (770) 487-4038 ex. 108 DOCKET/CASE/APPLICATION NUMBER APPLICANT/PROPERTY OWNER PC 02132020 John Lee/ Konos Academy PLANNING COMMISSION MEETING DATE TOWN COUNCIL MEETING DATE ADDRESS/LOCATION February 13, 2020 100 Greencastle Rd. Summary Konos Academy is applying for the approval of a lot consolidation plat for the purposes of combining lots 1, 2, 3, & 4 of the Market Hill business park. The respective parcels are 073610001, 073610002, 073610003, & 073610004. The new property will assume the address 100 Greencastle Road. Staff is still working with the applicant and the Technical Review Committee on a few outstanding items. Approval with the condition that these TRC items be resolved before recording is recommended. MAP SOURCE EXISTING ZONING EXISTING LAND USE SURROUNDING ZONING SITE IMPROVEMENTS SIZE OF PROPERTY & LAND USE O-I (Office Water 6.4 acres School & Vacant Land North: R-18 Institutional) South: O-I East: C-1 &O-I West: R-12 COMPATIBILITY WITH FUTURE DEVELOPMENT MAP & COMPREHENSIVE PLAN PROPERTY HISTORY This submission is compatible with both the Comp Plan and the Future Development The southern properties were Map. This property lies within the Community Gateway Character area which allows recently rezoned to remove a O-I uses at similar acreages. construction moratorium tied to the installation of a second access to SR-74. COMPATABILITY WITH ZONING ORDINANCE This submission is compatible with the zoning ordinance. STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS DENY