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Planning Commission Regular Meeting

Regular Meeting

Tyrone, GA · April 22, 2021

AgendaMinutes

Minutes

Town of Tyrone Planning Commission Meeting Minutes April 22, 2021 7:00PM Present: Chairman, David Nebergall Vice-Chairman, Dia Hunter Commission Member, Jeff Duncan Commission Member, Scott Bousquet Commission Member, Carl Schouw Town Attorney, Patrick Stough Town Planner, Phillip Trocquet Call to Order: Chariman Nebergall called the meeting to order at 7:00pm, the meeting was also available via YouTube Live. Approval of Agenda: Vice-Chairman Hunter made a motion to approve the agenda. Commissioner Duncan seconded the motion. Motion was approved 4-0. Approval of Minutes: Commissioner Duncan made a motion to approve the minutes from February 25, 2021 Commissioner Bousquet seconded the motion. Motion carried 4-0. Public Hearing: 1. Consideration of a rezoning petition from applicant Daniel Dahlke of a 14.7- acre tract with parcel number 0736-074 from M-2 with Conditions to M-2 without conditions involving a construction moratorium. Phillip Trocquet, Town Planner New Business: 1 Mr. Trocquet presented the item stating that the applicant, Mr. Dahlke, submitted this petition on behalf of the property owner, Mr. Scott Moore, for the expressed intent of constructing a concrete facility on the property. Mr. Trocquet continued that the subject property is the largest tract of Phase 8 of Shamrock Industrial park which has a had a rezoning condition on it since 2000. this zoning condition placed a moratorium on the occupancy and consntruction of any properties in Phase 8 until secondary emergency ingress/egress was constructed into the industrial park. This secondary access has not been constructed although much effort has been put into finding opportunities for the construction of the emergency ingress/egress drive. Mr. Trocquet stated that there is still only one way in and out of the industrial park over the active CSX rail line. Due to railroad construction, emergencies, or other situations, the train has blocked this crossing for hours at a time at least 2-3 times a year. To-date no emergency has occurred simultaneous with the blocking of the crossing, but it has disrupted business operations causing traffic delays on both sides of the crossing. Mr. Trocquet went on to state that the surrounding zoning was AR to the north and east and M-2 to the South and West. He continued that the petition to M-2 is consistent with the Future Development Map and Comprehensive Plan in general. This property lies within the Production and Employment character area which permits M-2 Zoning. The property is also located adjacent to other M-2 Zoned properties. Specific site conditions, zoning considerations, and property history should be taken into account for this determination. Mr. Trocquet read the impact assessment as follows: Will Zoning permit suitable uses with surrounding properties? Under normal hazard and access conditions, the proposed zoning would permit suitable uses with surrounding properties to the south and west. The property is adjoined by residential on the north and eastern portions of the property, however, a 100' buffer will be required. Will Zoning adversely affect adjacent properties? Under normal hazard and access conditions to the Industrial Park, this zoning would not adversely affect adjacent properties to the west and south. Residential properties to the north and east may be affected adversely; however, development conditions including buffers would be present on the property to protect the impact on adjoining residential properties. This petition will also adversely affect the other property owner in Phase 8 who will be disproportionately burdened with the current zoning conditions if they are lifted for select properties and not others. Does the property have reasonable economic use as currently zoned? Given that there is a construction moratorium placed on the property, reasonable economic use has been suspended until safety conditions via secondary access have been provided to the industrial park. The sale of this property has occurred multiple times since the zoning condition was placed on the property in 2000, so the condition (and subsequent value as a result) of the property has been known by each owner. 2 Would the proposed zoning result in a use which will or could be excessively burdensome on existing infrastructure? Yes, the proposed removal of the construction moratorium without the provision of a secondary ingress/egress access point into the industrial park will exacerbate the current burden on emergency and police services to access the businesses and people in the industrial park in the case of an emergency with a train blocking primary entrance. Staff Recommends Maintaining the construction moratorium on the property until secondary emergency ingress/egress is provided to the industrial park. Chairman Nebergall opened the public hearing to anyone wishing to speak in favor of the zoning petition. Applicant Daniel Dhalke approached the podium and stated that he spoke to the fire chief and that he believed the fire department would not find the development of the remaining lots to be that much more dangerous. He continued that he didn't believe much could be done regarding the construction of the secondary access. He stated that he believed it made more sense to make productive use of the land and that it would not increase the burden significantly regarding the train blockage situation. Chairman Nebergall closed the public hearing for those in favor and opened the hearing for those in opposition. No one spoke. Chairman Nebergall closed the public hearing. Commissioner Duncan asked what other way there was to get a road back to the industrial park and asked if Mr. Slaton to the north would be willing to sell a portion of his property for this purpose. Mr. Trocquet stated that he believed that option was pursued many years ago to no avail. Commissioner Duncan stated that there was an unfortunate amount of dumping on the property and that the lots are already graded and the streets are already curbed and guttered. He continued that if the Fire Marshal did not beleive there to be a significant issue with continued construction, that it was hard for him to see property owners deal with the construction moratorium burden. Commissioner Bousquet asked who's responsibility it was to construct the secondary access. Mr. Trocquet responded that it was the original developer's responsibility and that over time as ownership of the property changed, that responsibility was essentially shifted to all property owners of the industrial park. Ultimately this would be maintained by a business-owners association, but one was never formed after the original developer went bankrupt. Mr. Trocquet stated that he was recently made aware of a recent Peachtree City Zoning decision on property bordering the southern portion of the industrial park whereby they created a zoning condition for the developer to leave space for an emergency access drive to planned street, Cottonwood Lane. Vice-Chairman Hunter asked if the owner was aware of these conditions when they purchased the property. Mr. Trocquet stated that Mr. Moore had indicated that he was aware of the condition when he purchased the property. Mr. Hunter stated that he believed it would be important for any future owner of this land to consider the estimated minimum cost of building secondary access to the industrial park as a cost of owning and developing on the property. 3 Chairman Nebergall stated that he was intimately aware of this situation having lived in the Town and serving on the Commission for many years. He stated that the access issue was unsafe and posed a threat to those occupying the industrial park if a train was parked on the tracks. He continued that this had happened quite a few times over the years and that he was happy it never coincided with a true medical or hazardous emergency within the park. The commissioners further discussed the issue. Chairman Nebergall Called for a vote. Commissioner Schouw voted to recommend denial of the rezoning petition. Commissioner Bousquet seconded the motion. Motion passed 3-1 with Commissioner Duncan in opposition. Staff Comments Commission Comments Adjournment Commissioner Schouw made a motion to adjourn. The meeting adjourned at 8:00 pm. ______________________________ ______________________________ Chairman David Nebergall Phillip Trocquet, Town Planner 4

Agenda

Tyrone Planning Commission Agenda April 22nd, 2021 7:00 PM Planning Commission I. Call to Order David Nebergall II. Approval of Agenda Chairman Dia Hunter III. Approval of Minutes from February 25th, 2021 Vice-Chairman IV. Public Hearing Carl Schouw Commissioner 1. Consideration of a rezoning from applicant Daniel Dahlke of a Jeff Duncan 14.7-acre tract with parcel number 0736 074 from M-2 (Heavy Commissioner Industrial) with Conditions to M-2 (Heavy Industrail). Phillip Trocquet, Town Planner Scott Bous quet Commissioner V. New Business Staff VI. Staff Comments Phillip T rocquet Town Planner VII. Commission Comments Patrick Stough Town Attorney VIII. Adjournment Meeting Information 2nd & 4th Thursday of each month 950 Senoia Road Tyrone, Ga 30290 770-487-4038 www.tyrone.org Town of Tyrone Planning Commission Meeting Minutes February 25, 2021 7:00PM Present: Vice-Chairman, Dia Hunter Commission Member, Jeff Duncan Commission Member, Scott Bousquet Commission Member, Carl Schouw Town Attorney, Patrick Stough Town Planner, Phillip Trocquet Planning and Zoning Assistant, Dakota Hammock Absent: Chairman, David Nebergall Call to Order: Vice Chariman Dia Hunter called the meeting to order at 7:00pm, the meeting was also available via YouTube Live. 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: Commissioner Schouw made a motion to approve the minutes from February 11, 2021 Commissioner Duncan seconded the motion. Motion carried 4-0. Public Hearing: New Business: 1. Consideration to approve a site plan for a new commercial structure from applicant Christopher Marosey for 1500 Senoia Road. Phillip Trocquet, Town Planner Town Planner, Phillip Trocquet presented the item. Mr. Trocquet stated that the applicant, Christopher Marosey, had submitted a site plan application for 1500 Senoia Road on behalf of American Freedom Heating and Air. The proposed building is a metal structure designed to accommodate a specialty trade contractor. Staff has noted a few comments that have yet to be resolved by the Technical Review Committee, but there are no fundamental issues 1 that would significantly alter the site plan as proposed. Staff recommends approval with conditions that all Technical Review Committee comments be resolved. Mr. Trocquet continued that the existing zoning was C-2, Highway Commercial, and that the surrounding zoning was O-1 to the north, C-2 to the South, town-owned property to the east, and C-2 to the west. In regards to compatibility with the future development map and Comprehensive Plan, the site is largely compatible. Mr. Trocquet stated that the property lies within the Town's Commercial Corridor character area which permits C-2 developments such as the one proposed. The development strategy for Commercial Corridor "promotes high standards of architecture, landscaping, and sign controls" amongst other things. In keeping with this strategy, staff recommended that the developer strive to improve the facade of the structure if a simple metal building is being pursued. Mr. Trocquet continued that the proposed commercial structure was compatible with the zoning ordinance. Setbacks were improperly labled on the site plan, but are listed over what is required by the Town's ordinance. A revision of this error will not substantially change the site plan or make it non-conforming with the standards of the C-2 Zoning District. Staff does recommend conditional approval of the site plan that any outstanding TRC comments be resolved before an LDP is issued. Commissioner Duncan asked if there were other metal buildings in that business park. Mr. Trocquet responded that there are some, but there were others with improved architectural facades. He stated that there are no required architectural standards from the zoning ordinance for this particular area. Commissioner Duncan voiced his dismay that the applicant was not striving to provide a more architecturally pleasing facade and that it would greatly improve the feel of the business park as it feels more like a light industrial park. Vice-Chairman Hunter asked if there had been a consideration to adjust the ordinance to have architectural standards for this area. Mr. Trocquet stated that the Town has been focusing heavily on the SR-74 corridor and Town Center District in regards to architectural requirements and guidelines. He continued that any area outside of these districts were likely not considered a high priority since they were not greatly visible from a major corridor or in the downtown area of the community. Commissioner Bousquet asked if it was typical to have the material staging area in the front of the building as it is depicted on the site plan. Mr. Trocquet responded that what was pictured on the site plan was likely a construction dumpster and staging area. Vice-Chairman Hunter pointed out the offices in the front as indication of the location of the front entrance. He asked about windows as he saw a very minimal fenestration indicated on the site plan. Mr. Trocquet stated that the floor plan and location of windows was not being considered for the purposes of the site plan, but that he would communicate with the owner on his plan for the location of windows on the front. Commissioner Schouw asked if the doors pictured in the back were bay or dock doors. Mr. Trocquet responded that they were bay doors. Commissioner Duncan made a motion to approve the site plan with staff conditions. Commissioner Schouw seconded the motion. Motion carried 4-0. 2 Staff Comments Mr. Trocquet gave an update on the LCI. Commissioner Duncan asked Mr. Trocquet about the garage across from Gatekeeper Storage on Senoia Road. Mr. Trocquet responded that there is an open code enforcement ticket on the property and that any non-operative vehicles would not be permitted to be stored there. He also stated that the fencing would need to be approved. Mr. Trocquet continued that the underlying land owner has changed multiple times over the years making it difficult to make progress. Vice-Chairman Hunter asked about a traffic study at the intersection of Senoia Road, Crabapple Road, and Rockwood Road. Mr. Trocquet stated that the Town intended to do a traffic study on that intersection by the end of the year. Vice-Chairman Hunter voiced his concern with line of sight combined with the heavy industrial traffic. Commissioner Bousquet noted that he drove by Living Proof Church and confirmed that the Trailer required to be moved as a condition of rezoning was indeed off of the Town's property and ready to be hauled off. Commissioner Schouw asked if the Founders Studio project was still viable. Mr. Trocquet stated that the original investors were no longer behind the project, but that the Hobgood Family is still trying to market the land under the zoning and development plan approved by the Town. Commission Comments Adjournment Commissioner Schouw made a motion to adjourn. The meeting adjourned at 7:29 pm. ______________________________ ______________________________ Vice-Chairman, Dia Hunter Phillip Trocquet, Town Planner 3 Staff Report Town of Tyrone, Department of Planning & Zoning Phillip Trocquet, Town Planner 950 Senoia Road, Tyrone GA 30290 ptrocquet@tyrone.org (770) 487-4038 ex. 108 Date: April 22nd, 2021 DOCKET/CASE/APPLICATION NUMBER APPLICANT/PROPERTY OWNER RZ-2021-005 Applicant: Daniel Dahlke PLANNING COMMISSION MEETING DATE TOWN COUNCIL MEETING DATE ADDRESS/LOCATION April 22nd, 2021 May 6th, 2021 Parcel: 0736 074 Summary Applicant Daniel Dahlke has submitted a rezoning petition on behalf of the property owner, Mr. Scott Moore, for the rezoning of parcel 0736 074. The expressed intent from the applicant for the purpose of the rezoning petition was to allow construction on the lot in the form of a concrete facility. The subject property is the largest tract of Phase 8 of Shamrock Industrial Park which has had a zoning condition on it since 2000. This zoning condition placed a moratorium on the occupancy and construction of any properties in Phase 8 of Shamrock Industrial Park until secondary emergency ingress/egress drive was constructed to the industrial park. This secondary access has not been constructed although much effort has been put into finding opportunities for the construction of the emergency ingress/egress drive. There is still only one way in and out of the industrial park over the active CSX rail line. Due to railroad construction, emergencies, or other situations, the train has blocked this crossing for hours at a time at least 2-3 times a year. To-date no emergency has occurred simultaneous with the blocking of the crossing, but it has disrupted business operations causing traffic delays on both sides of the crossing. MAP SOURCE: Fayette County Tax Assessor EXISTING ZONING EXISTING LAND USE SURROUNDING SITE IMPROVEMENTS SIZE OF PROPERTY M-2 (Heavy Industrial) w/ ZONING conditions Vacant Production & North: AR 14 Acres Employment South: M-2 PROPOSED ZONING East: AR West: M-2 M-2 (Heavy Industrial) COMPATIBILITY WITH FUTURE DEVELOPMENT MAP & COMPREHENSIVE PLAN PROPERTY HISTORY The petition to M-2 is consistent with the Future Development Map and Comprehensive Plan in general. This Property is a part of Phase 8 of Shamrock Ind. Park. property lies within the Production and Employment character area which permits M-2 Zoning. The Zoning conditions were placed on the property in property is also located adjacent to other M-2 Zoned properties. Specific site conditions, zoning considerations, and property history should be taken into account for this determination. 2000. per staff's summary. COMPATABILITY WITH ZONING ORDINANCE & IMPACT ASSESSMENT Will Zoning permit suitable uses with surrounding properties? Under normal hazard and access conditions, the proposed zoning would permit suitable uses with surrounding properties to the south and west. The property is adjoined by residential on the north and eastern portions of the property, however, a 100' buffer will be required. Will Zoning adversely affect adjacent properties? Under normal hazard and access conditions to the Industrial Park, this zoning would not adversely affect adjacent properties to the west and south. Residential properties to the north and east may be affected adversely; however, development conditions including buffers would be present on the property to protect the impact on adjoining residential properties. This petition will also adversely affect the other property owner in Phase 8 who will be disproportionately burdened with the current zoning conditions if they are lifted for select properties and not others. Does the property have reasonable economic use as currently zoned? Given that there is a construction moratorium placed on the property, reasonable economic use has been suspended until safety conditions via secondary access have been provided to the industrial park. The sale of this property has occurred multiple times since the zoning condition was placed on the property in 2000, so the condition (and subsequent value as a result) of the property has been known by each owner. Would the proposed zoning result in a use which will or could be excessively burdensome on existing infrastructure? Yes, the proposed removal of the construction moratorium without the provision of a secondary ingress/egress access point into the industrial park will exacerbate the current burden on emergency and police services to access the businesses and people in the industrial park in the case of an emergency with a train blocking primary entrance. Staff Recommends Maintaining the construction moratorium on the property until secondary emergency ingress/egress is provided to the industrial park. STAFF RECOMMENDATION Approve Approve w/ Conditions Deny Fayette County, GA Legend Parcels Roads 106 ft Shamrock Industrial Park L y kTrone 1.4 ac 1.3 ac MCCARTHYCT 14.7 ac s rA 2.6 ac Scott Moore Properties dam inB Platinum Trucking G Ivy Green Lawn Care Properties. 5.3 Acres total Construction Lk Construction Moratorium Moratorium Properties Properties a 2.2 ac 1.25 SH c A MROCKINDUSTRIALBL V D M SH T LORYC A ER MAL EC T SE N O IA R D Martin Marietta properties. Accessible across abandoned rail spur ROW McCarthy Improvement Properties 3.5 Acres total CL O VERLN 13.5 ac (open portion) 5 ac D GER D SE Martin Marietta office property. TER W A 3/4 of lot buildable. CRABAPPLELN ROCK WOODR 8.35 ac D G RO VEW O O 7 ac DLN LE ¯ ISURETRL CW Matthews PEACHST A TECT C Property EL T BROOK A ICB BRE G LLW L O R V OD D SC O T V EL 10.6 ac N BR IARLEIGHDR 0.1 0.05 0 0.1 0.2 0.3 0.4 D OTCT EP Kilometers ©2 018M icro softC orp ora tio n©2 018D igita lGlo be© CNE S(2 018 )Distrib utio nAirb usD Town of Tyrone Revised:_______________ Official Zoning Map Adopted: ______________ Legend Tyrone Zoning Districts Town Center Mixed Use (TCMU) Agricultural Residential (AR) Downtown Commercial (C-1) Highway Commercial (C-2) Community Mixed-Use (CMU) Conservation Residential 2 (CR-2) Conservation Residential 3 (CR-3) Duplex Residential (DR) Educational Institutional (E-I) SR-74 Quality Growth Corridor Overlay Limited Use Residential (LUR) Light Industrial (M-1) Heavy Industrial (M-2) Planned Industrial Park (PIP) Overlay Mobile Home Park (MHP) Office Institutional (O-I) Open Space (OS) Residential 1,800 s.f. min (R-18) Residential 1,200 s.f. min (R-12) Residential 2,000 s.f. min (R-20) Residential Multi-Family (RMF) Other Features Town Boundary Tyrone Roads (2020) Ponds & Lakes Tyrone Rail Streams and Creeks

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