PROPOSED ZONING USE PERMIT FOR AN ADULT BOOKSTORE - ARTICLE 19.4.1
PROPOSED USE ADULT BOOKSTORE
EXISTING ZONING M-2 (HEAVY INDUSTRIAL)
EXISTING USE ADULT BOOKSTORE
LAND USE MAP INDUSTRIAL
LOCATION
PARCEL SIZE: 1.46 ACRES
SMALL AREA 503
LL 23, DISTRICT 14FF
COMMISSION DISTRICT 5
OWNER JOHN CORNETTA
PETITIONER JOHN CORNETTA
REPRESENTATIVE ALAN BEGNER
APPLICANT'S INTENT To obtain a Use Permit to allow an adult bookstore within the existing structure.
Department of Environment
and Community Development
Recommendation
DENIAL
Community
Zoning Board Recommendation
DENIAL
SUBJECT SITE
The subject site is presently developed with a Love Shack Adult Bookstore. The subject site is zoned M-2 (Heavy Industrial) with no conditions. The entire surrounding area is also zoned M-2 (Heavy Industrial) with no conditions and developed with various commercial and warehouse uses. The adult video and bookstore use is an allowable use in the M-2 (Heavy Industrial) district with the approval of a Use Permit pursuant to Article 19.4.1 of the Zoning Resolution.
Based on the applicant's site
plan submitted to the Department of Environment and Community Development on
BUILDING SETBACKS
The existing building meets the minimum building setbacks for M-2 (Heavy Industrial) zoned property as specified by Article 10.3.3 of the Zoning Resolution.
LANDSCAPE STRIPS AND BUFFERS
Article 19.4.1, Section B.7. requires the proposed development to meet the minimum landscape areas required for the O-I (Office-Institutional) district. Given these requirements the applicant is required to provide the following:
A 20-foot landscape strip along the
A 10-foot landscape strip along all other internal property lines.
The applicant=s site plan does not indicate these required landscape strips.
PARKING
Article 18.2.1 of the Zoning Resolution specifies a minimum 5 parking spaces per 1,000 gross square feet of building area. The applicant's building at 2,100 square feet would require a minimum 11 parking spaces. The applicant' site plan indicates 59 parking spaces. Providing 48 parking spaces above the minimum requirement creates a situation of excess pavement that leads directly to storm water, heat island and air quality issues. Staff further directs the reader to Item 6 below for additional concerns relating to open space.
BOARD OF COMMISSIONERS
POLICY
Article 19.4.1 of the Zoning
Resolution was adopted by the Board of Commissioners on
There are no other adult
bookstores approved by the Board of Commissioners in the surrounding area.
There is an existing adult bookstore located 940 feet to the west across
In the interest of the public health, safety and welfare, the Board of Commissioners may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Board of Commissioners shall consider each of the following as outlined in Article 19.2.4 of the Zoning Resolution; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments:
(1) Whether the
proposed use is consistent with the
The Board has a history of supporting revitalization of existing business areas. The Fulton Industrial Business District is an area in which the Board has committed Staff and financial resources towards the improvement of the business district. Through the funding of a sidewalk program, enhanced landscaping at interchanges and financial support of the Fulton Industrial Business Association, the Board has supported the economic viability and revitalization of the Fulton Industrial Business District. Staff is of the opinion that this use is in conflict with the revitalization efforts underway.
(2) Compatibility with land uses and zoning districts in the vicinity of the property for which the Use Permit is proposed;
While the existing
physical development of the subject site is consistent with the surrounding
area the applicant=s
proposed use is inconsistent Article 19.4.1, Section B.1 of the Zoning
Resolution which prohibits the adult bookstore use within 1,000 feet of any public
or private institutional use such as churches, schools, libraries or other such
uses where minors are the primary patrons. The subject site is within 1,000
feet of the
(3) Whether the
proposed use may violate local, state and/or federal statutes, ordinances or
regulations governing land development;
The existing facility is in violation of the Fulton County Zoning Resolution Article 19.4.1. The Code Enforcement Division of the Department of Environment and Community Development has cited the applicant. The applicant=s filing of this Use Permit request stays all legal action until the final ruling by the Board of Commissioners.
(4) The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;
Given the adult
bookstore use is currently in operation the affect on traffic in the
surrounding area has already occurred. While the use will generate an increase
in traffic, the location of the subject site along an arterial four-lane
divided State of
(5) The location and number of off-street
parking spaces;
The subject site, as presently developed, has paved parking surrounding the existing building. The location of parking is in compliance with the standards of the Zoning Resolution pursuant to Article 18.3.1, Section G. Staff is of the opinion that the location of the parking is consistent with other commercial development in the surrounding area.
(6) The
amount and location of open space;
Given the amount of paved area of the overall site Staff is of the opinion that there is not an adequate amount of open space. Staff further notes that the lack of open space has far reaching impacts that can affect water quality, air quality, the average high and low daily temperatures and general quality of life. Staff further directs the reader to PARKING above for additional concerns relating to excess parking.
(7) Protective screening;
As discussed above under LANDSCAPE STRIPS AND BUFFERS, Staff is of the opinion that with compliance to the landscape requirements of the Zoning Resolution the subject site will be screened in a manner consistent with other development in the surrounding area.
(8) Hours and manner of operation;
Given the industrial character of the surrounding area, existing commercial development and other nearby 24-hour businesses, Staff is of the opinion that the days and hours of operation are not a consideration for the bookstore use.
(9) Outdoor lighting;
Staff is of the opinion that the combination of the location of the proposed use in an industrial area and the increased amount of landscaping required along all property lines, outdoor lighting will not have a negative impact on adjacent properties.
(10) Ingress and egress to the property.
No new curb cuts to the site are proposed. Current access is consistent with development in the surrounding area.
CONCLUSION:
Given the proposed use=s location in an industrial area where the Board of Commissioners has supported revitalization efforts, the fact that the use is in the vicinity of a number of churches and a major family oriented theme park and the higher than usual likelihood of family activity in the immediate area of the proposed use, Staff recommends the applicants request for a Use Permit for an adult video and bookstore be DENIED.
RECOMMENDED CONDITIONS
1. To the owner's agreement to
restrict the use of the subject property as follows:
a. To the owner's agreement to restrict the use of the subject property to an adult bookstore in the existing structure and any existing accessory structures may be used for accessory uses. No modifications will be made to the exterior of the structure(s), other than normal maintenance.
2. To the owner's agreement to abide by the following:
a. To the site plan received by the Department of Environment
and Community Development on
3. To the owner's agreement to the following site development considerations:
a. No more than the
existing exit/entrance(s) on
4. To the owner's agreement to abide by the following requirements, dedication and improvements:
a. Reserve
for
From centerline of
5. To the owner's agreement to abide by the following:
a. To contact the Director of Public Works, prior to the application for a Land Disturbance Permit with the Department of Environment and Community Development, to meet with the Fulton County Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.
b. Prior to the application for a Land Disturbance Permit with the Department of Environment and Community Development, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.
c. Prior to the application for a Land Disturbance Permit (LDP) with the Department of Environment and Community Development, the developer/engineer shall contact the Public Works Department, Water Service Division and arrange to meet with the Fulton County Drainage Engineer on-site.
d. The engineer/developer is required to submit along with the application for a Land Disturbance Permit (LDP) signed documentation verifying the storm water concept plan approval.
e. Provide at the LDP approval documentation (such as cross-section, profile, etc.) describing all existing natural streams, creeks, or draws geometry, within the proposed development boundary and provide the appropriate bank erosion protection for the conveyance system after development.
f. The developer/engineer is responsible to demonstrate to the County by engineering analysis at the Land Disturbance Permit application that the proposed development surface water runoff conditions: are controlled at the minimum predevelopment level so that downstream conveyance systems will not be impacted, do not aggravate existing flooding or drainage problems, and do not create new flooding or drainage problems off-site.
g. Prior to the application for a Land Disturbance Permit, the developer/engineer shall submit to the Department of Public Works, Surface Water Management Section, a project Storm Water Concept Plan. This concept plan shall include a preliminary drawing describing the proposed location of the project surface water quality and quantity facilities/Best Management Practices (BMP's), the existing downstream off-site drainage conveyance system that the proposed development runoff will impact, and the discharge path(s) from the facilities'/BMP's outlet(s) through the offsite drainage system to the appropriate receiving waters. As part of the concept plan, a preliminary capacity analysis shall be performed on the identified offsite drainage system to identify the capacity of all points of constraint (pipes, culverts, etc.), the point in the stream channel where 25 year storm peak flow is the greatest percentage of the channel capacity, and the impact of post developed flows on these points. The critical capacity points shall be selected based upon the engineers' professional judgment and limited field survey data.
h. The developer/engineer is responsible to conceptually describe to the County at the Storm Water Concept Plan approval phase post development structural Best Management Practices (BMP's) to be utilized to reduce surface water pollution impact associated with the proposed development. The detailed engineering analysis and specifications of BMP's shall be included as a part of the LDP storm water submittal.
i. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, the discharge from any storm water management facility shall mimic pre-development sheet flow conditions and shall as a minimum utilize a level spreader as described in “Fulton County Storm Water Management Storm Drainage Design and Criteria Manual, December 2000”.
j. At the Concept review stage provide information on the Structural Best Management Practices (BMP's) that will be used to remove pollutants, such as organic matter, oil and grease from parking lot surface water runoff leaving the site. An assessment of the use of adsorptive filter catch basin inserts shall be provided, and selected BMP's shall be described and located on the storm water concept plan.
COMMENTS ON PUBLIC SERVICES AND UTILITIES
Various
TRANSPORTATION
FACILITIES
Road
name:
Classification:
Arterial
Level
of service: F
Anticipated
Traffic Generation Rates:
Average: 94 trips per day
Peak
hour: 15 trips
Comments: The developer may be required to dedicate the
necessary right-of-way and make the necessary road improvements to accommodate
additional traffic generated as a result of the development.
HEALTH
DEPARTMENT:
The Fulton County Health Department does not anticipate any health problems with this proposed development, provided public water and public sanitary sewer are required to serve the site.
OFFICE
OF ENVIRONMENTAL AFFAIRS:
This
use does not pose an adverse environmental impact that would require an
Environmental Impact Report to be reviewed by this office.
WATER
AND WASTEWATER (SEWER)
WATER:
Anticipated
water demand: Not applicable
This
project is within the City of
SEWER:
Basin: Utoy Creek
Treatment
Plant: Utoy Creek
The
nearest wastewater pipeline to this project is onsite in Land Lot 23, District
14FF.
Comments: This information does not guarantee that
adequate sewer capacity is available at this time or will be available upon
application of permits. Please contact
the Department of Public Works for more information.
DRAINAGE:
Flood
Plain: FEMA Map 13121C0219E, Flood zone X outside 500 year flood plain.
EROSION
AND SEDIMENTATION CONTROL
State
Waters:
Confirmation of a State Water: Due to the brevity of
the site information it is not possible to positively identify all drainage
courses until an arborist site visit is made (the Fulton County Arborist is the
official who delineates State Waters).
Comment: Should a State Water be identified on
sites in South Fulton County, a 75-foot undisturbed buffer measured from the
top of the bank on both sides of the stream with a horizontal impervious
setback of 15 feet and an additional improvement setback of 10 feet shall be required.
USGS
Blueline Tributary:
Confirmation of a Blueline Tributary: 1968
No,
Comment: Should a USGS (1968) Blueline Tributary be
identified on sites in
BOARD
OF EDUCATION
No
Comment
PARKS
AND RECREATION
No
Comment
BUILDING
CODES
This
proposed development must meet all applicable regulations pursuant to the
Building Code, 1994 edition, and Life Safety Code, 1997 edition.
TAX
ASSESSOR
Property
Tax ID#: 14F-0023-LL-07-69-55
Taxes
on the subject property are up-to-date.
FIRE
MARSHAL
Fire
Station: #19
Impact:
Should not have an adverse impact on the necessary fire services needed.
POLICE
DEPARTMENT ZONING IMPACT STATEMENT
Beat: 23
Impact
Statement on Beat:
Current
calls for service: 7,370
Projected
calls for service: Unknown
****
Current average response time: 7 minutes
**
Increase in the number of residents: Not calculable
*
Increase in E-911 calls for service (police, fire, and E.M.S.): Not calculable
***
Increase in the number of traffic accidents: Not calculable
PROJECTED
IMPACT ON DEMAND FOR POLICE SERVICES:
It
is the policy of the Fulton County Police Department to answer all calls for
service regardless of the impact of a particular development. However, two of the most noticeable indicators
of the quality of police service will be as follows: As demands for service increase, police
response time to calls will increase. Time available for proactive
neighborhood/business patrol will decrease and crime prevention efforts will
decline.
The
Police Department does anticipate a significant impact on demand for police
services.
* Based on 1998 population of 222,794
and 1998 total calls for service of 584,054 (194,242 for police services).
** Based on average single family
residence population of four, average apartment population of two and 1.96
persons per 1,000 gross square feet of space.
*** Based on 1998 accident calls of 8,009.
**** Based on average response time of 10.7
minutes (
***** Based on average of two (2) cars per
single family residence.
NOTE: The demand for police services is determined by socio-economic, legislative and other forces which do not lend themselves to predictability. Therefore, projections are made from historical data only. (There has been a 13.96% increase in calls for police service from 1996 to 1997).
EMERGENCY SERVICES
DEPARTMENT
If
this petition is approved, there will be an increase in E911 services for
wireless and wired lines. All addressing for properties shall comply with