2008VC-0004 SFC
PROPOSED ZONING C-1 (COMMUNITY BUSINESS) - 6,521.13*
SQUARE FEET PER
PROPOSED USE RETAIL - 46,300* SQUARE FEET
EXISTING ZONING AG-1 (AGRICULTURAL)
EXISTING USE UNDEVELOPED
LAND USE MAP LIVE-WORK NEIGHBORHOOD
LOCATION
OLD
PARCEL SIZE: 7.1 ACRES
SMALL AREA 703
LL 165, DISTRICT 13
COMMISSION DISTRICT 7
OLD NATIONAL OVERLAY DISTRICT
SERVED BY SEWER
OWNER RCM PROPERTIES, LLC
PETITIONER RCM PROPERTIES, LLC
REPRESENTATIVE WOODY
GALLOWAY & LAUREL DAVID
APPLICANT’S INTENT To develop a 46,300* square foot retail center with free standing fast food restaurants with no drive thru on 7.1 acres at an overall density of 6,521.13* square feet per acre. The applicant is requesting a 4-part concurrent variance as follows:
Part 1: To delete the required 10-foot landscape strip along both sides of the common property line internal to the southern part of the retail center (Article 12D.3.A.2).
Part 2: To delete the required 10-foot landscape strip along both sides of the common property line internal to the northern part of the retail center (Article 12D.3.A.2).
Part 3: To allow an accessory site feature (a dumpster) to be located in the front yard (Article 12D.3.B.2.).
Part 4: To delete the required 20-foot wide landscape strip planted to buffer standards around the proposed detention pond (Article 34.5.4.)
Department of Environment
and Community Development
Recommendation
APPROVAL CONDITIONAL: 2008Z
-0005 SFC
APPROVAL CONDITIONAL:
2008VC-0004 SFC, Parts 1, 2 and 3
WITHDRAWAL: 2008VC-0004 SFC,
Part 4
Community
Zoning Board Recommendation
March
18, 2008
DEFERRAL UP TO 60 DAYS
Community
Zoning Board Recommendation
May
20, 2008
DEFERRAL FOR 60 DAYS
Community
Zoning Board Recommendation
July
15, 2008
DEFERRAL UP TO 120 DAYS
Community
Zoning Board Recommendation
November
18, 2008
APPROVAL CONDITIONAL: 2008Z
-0005 SFC
APPROVAL CONDITIONAL:
2008VC-0004 SFC, Parts 1, 2 and 3
WITHDRAWAL: 2008VC-0004 SFC,
Part 4
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE: The
7.1-acre subject site is located on the north side of
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** Adjacent to North - Use: Mrs. Roberts Psychic and Palm Reader (Existing)
Zone: C-1 (Community Business)
Petition: Z80-076 SFC, U88-135 SFC
Density: None stated
** Further
North - Use: Greater New
Zone: AG-1 (Agricultural)
Petition: 2007U -0009 SFC
Density: 1,498.79 square feet per acre; 6,800 square feet total; 250 seats
** Further North - Use: Ye Olde Poodle Shoppe (Existing)
Zone: C-1 (Community Business)
Petition: Z96-104 SFC
Density: None stated
** Further North - Use: Day Care (Undeveloped)
Petition: U86 -053 SFC
Zone: AG-1 (Agricultural)
Density: 5,000 total square feet; 100 Students
** Further North -
Use: Old National United
Petition: U94 -040 SFC (Church)
Zone: AG-1 (Agricultural)
Density: 1,042 square feet per acre; 5,500 total square feet
** Northwest - Use: Day Care in the Existing Structure (Existing)
Zone: R-6 (Residential)
Petition: 2005Z -0040 SFC, 2005U -0012 SFC
Density: 2,188 total square feet; 10 children
** West - Use: CVS Pharmacy (Existing)
Petition: Z67-071 SFC
Zone: C-1 (Community Business)
Density: Not Stated
** Southwest - Use: Dentist’s Office (Existing)
Petition: Z67-071 SFC
Zone: C-1 (Community Business)
Density: Not Stated
** Southwest - Use: Self storage facility (Existing)
Petition: Z67-071 SFC, 2006U -0006 SFC
Zone: C-1 (Community Business)
Density: 17,204.02 square feet per acre; 102,880 total square feet
Height:
2-story
** South - Use: Shell Gas Station (Existing)
Zone: C-1 (Community Business)
Petition: Z87-210 SFC
Density: 1,617 square feet per acre
Height: 1-story
** Southeast - Use: Offices (Existing)
Zone: O-I (Office-Institutional)
Petition: Z73-108 SFC
Density: None stated
** East - Use: New Born
Petition: Z98-0108 SFC, U98-071 SFC
Zone: R-6 (Residential)
Density: 1,706.4 square feet per acre; 1,331 total square feet; 18 Students
NEARBY AND ADJACENT PROPERTIES/ZONINGS:
RESIDENTIAL
** Northwest - Use:
Petition: Z62-049 SFC
Zone: R-3 (Residential)
Density: None Stated
** Northwest - Use: Hallie Hills Subdivision (Existing)
Petition: Z67-070 SFC
Zone: CUP (Community Unit Plan) with R-4 (Residential) Standards
Density: 2 units per acre
** West - Use:
Petition: Z88-036 SFC
Zone: TR (Townhouse Residential)
** Southwest - Use:
Petition: 2002Z -0070 SFC
Zone: R-5A (Residential)
** Further Southwest - Use: South Hills Subdivision (Existing)
Petition: 2003Z -0172 SFC
Zone: R-5A (Residential)
** East -
Petition: Z69-118 SFC
Zone: R-3 (Residential)
Density: None stated
** Further Northeast, East, and Southeast - Use: Scattered Single Family (Existing)
Zone: AG-1 (Agricultural)
MISCELLANEOUS USES/ZONINGS IN AREA:
** The Clayton County Line is located east of the subject site.
RECENT DENIALS IN AREA:
On March 2, 2005, pursuant to 2004U
-0027 SFC, the Board of Commissioners denied the petitioner’s request for a Use
Permit to expand an existing 6,000 square foot place of worship to 14,001
square feet on
SITE PLAN ANALYSIS:
Based on the applicant’s revised site plan submitted on October 30, 2008*, Staff offers the following considerations:
The applicant is requesting to
rezone from AG-1 (Agricultural) to C-1 (Community Business) to develop 46,300* square
feet of retail on 7.1 acres at a density of 6,521.13* square feet per acre. The Comprehensive Land Use Plan Map suggests live-work
neighborhood for the subject site and the corridor along both sides of
The applicant has worked with the community and has revised the letter of intent and the site plan to exclude gas stations and drive thru restaurants*. Alcohol sales will also be prohibited on the site after midnight. The applicant requests that free standing fast food restaurants be allowed with no drive thru service and that restaurant use be limited to a total of 10,300 square feet. Staff has included these excluded uses and conditions in the Recommended Conditions.
Given the current development patterns
in the area for commercial land uses along the Old National Highway corridor with
residential land uses further east and west of Old National Highway, Staff supports
the applicant’s request and recommends APPROVAL
CONDITIONAL.
Pursuant to Article 4.23, Article 9.1.3 and Article 12.D.3, Section A.2., the following building setbacks are required:
40-foot front yard setback along
40-foot front yard setback along
40-foot front yard setback along
40-foot front yard setback along
10-foot side yard setback along the north property line.
The site plan shows compliance with the required building setbacks.
15-foot wide landscape strip along all road frontages; and
10-foot wide landscape strips along the north property line and along the internal property lines.
The site plan indicates 15-foot wide
landscape strips along
In addition, the site plan indicates the required 10-foot wide landscape strip along the north property line, which is in compliance with Article 12.D.3.A. of the Zoning Resolution. However, Staff notes that the applicant is requesting concurrent variances for the common property lines internal to the main retail center as follows:
Part 1: To delete the required
10-foot landscape strip along both sides of the common property line internal
to the southern part of the retail center (Article 12D.3.A.2).
Part 2: To delete the required 10-foot landscape
strip along both sides of the common property line internal to the northern
part of the retail center (Article 12D.3.A.2).
Staff notes that the proposed development, with its shared exits/entrances and parking, functions as a unified commercial retail center. Staff believes that a hardship does exist on the site and that the request meets the standards for variance considerations as outlined in Article 22.3.1. of the Zoning Resolution. Therefore, Staff recommends APPROVAL CONDITIONAL.
The applicant originally requested a concurrent variance for the landscape strip around the detention pond as follows:
Part 4: To delete the required
20-foot wide landscape strip planted to buffer standards around the proposed
detention pond (Article 34.5.4.)
Staff notes that the buffer around the perimeter of the pond cannot overlap the required perimeter landscaping. The civil engineer for the project has stated that there is enough room to comply with all landscaping requirements and has said that at the time of application for a land disturbance permit the site plan will show compliance. Therefore, the applicant is requesting withdrawal of the request and Staff recommends WITHDRAWAL of Part 4 of the concurrent variance request.
PARKING
Article 18 of the Zoning Resolution requires 5 parking spaces for every 1,000 square feet of retail use, 10 parking spaces for every 1,000 square feet of restaurant use, and 3 spaces for every 1,000 square feet of office use. The requested uses are as follows:
|
Use |
Square feet |
Parking Spaces Required |
Parking Spaces
Provided |
|
Retail |
32,800 |
164 |
175 |
|
Restaurant |
10,300 |
103 |
111 |
|
Office |
3,200 |
10 |
15 |
|
Total |
46,300 |
277 |
301 |
Based on the proposed use, a total of 277 parking spaces are required. The site plan shows compliance with the requirement since a total of 301 parking spaces are provided.
ENVIRONMENT
A field survey of the site was
conducted by
CONCURRENT VARIANCE
The applicant has requested an additional concurrent variance as follows:
Part 3: To allow an accessory site feature (a dumpster) to be located in the front yard (Article 12D.3.B.2.).
The revised site plan indicates
an enclosed dumpster located within the front yards of
OTHER CONSIDERATIONS
Staff notes that the Traffic
Engineer has recommended that access be restricted to
The applicant is requesting a building height limit of 2-stories, except a 1-story height limit is requested for the two (2) out parcels as shown on the site plan referenced in condition 2.a. Staff is of the opinion that the request is compatible with the area and has included the height limitation in the Recommended Conditions.
FINDINGS:
(Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant.
A. WHETHER THE ZONING PROPOSAL WILL
PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT
AND NEARBY PROPERTY.
FINDING: The proposed retail
development, if developed with Staff’s Recommended
Conditions, is a suitable use given the existing and anticipated commercial uses
along
B. Whether
the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property.
FINDING: In Staff’s opinion, the retail development would not have an adverse effect on the use or usability of adjacent properties, if developed with Staff's Recommended Conditions.
C. WHETHER THE PROPERTY TO BE AFFECTED BY THE ZONING PROPOSAL HAS A REASONABLE ECONOMIC USE AS CURRENTLY ZONED.
FINDING: The subject site may have a reasonable use as currently zoned.
D. WHETHER THE ZONING PROPOSAL WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS.
FINDING: Staff does not anticipate an impact on public services and facilities. Some impact on the surrounding transportation system is expected but should be mitigated with compliance to the attached Recommended Conditions for project improvements.
E. WHETHER THE ZONING PROPOSAL IS IN CONFORMITY WITH THE POLICIES AND INTENT OF THE LAND USE PLAN.
FINDING: The proposed retail development is consistent with the Live-Work Neighborhood designation suggested on the Comprehensive Plan Land Use Map, and if developed in accordance with Staff’s Recommended Conditions, would be consistent with the policies and intent of the Plan and current development patterns in the area.
LAND USE PLAN MAP: Live-Work Neighborhood
Proposed use/density: Retail/ 6,521.13 square feet per acre*
The
Comprehensive Land Use Plan Map suggests Live-Work Neighborhood along both
sides of the
PLAN POLICIES:
Encourage development in areas where basic public facilities exist or are being improved, and discourage development in areas which would require inefficient or uneconomical extension of public facilities.
Direct future non-residential development to highway interchanges and intersections of major roads in a pattern of mixed-use, activity nodes.
Provide for the protection, preservation, and maintenance of existing neighborhoods and residential areas, through County programs, regulations, and enforcement mechanisms.
F. WHETHER THERE ARE 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.
FINDING: In Staff’s
opinion, the existing commercial development north and south of the subject site
support this request for retail use.
G. WHETHER
THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED ENVIRONMENTALLY
ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF
FINDING: Staff is of the opinion that
if developed in accordance with the attached Recommended Conditions, this
proposal would not adversely affect the natural resources, environment and
citizens of
CONCLUSION:
Provided Staff's Recommended Conditions are incorporated into the development of the site, the proposed retail use is consistent with the policies and intent of the Comprehensive Plan and with recent commercial development in the area. Therefore, Staff recommends APPROVAL CONDITIONAL of the petition and Parts 1, 2 & 3 of the concurrent variance. Staff recommends WITHDRAWAL of Part 4 of the concurrent variance.
COMMUNITY
ZONING BOARD RECOMMENDATION
On
March 18, 2008 the Community Zoning Board recommended that the petition and
concurrent variance request be HELD
UP TO 60 DAYS per the applicant’s request. The petitioner requested more time to work
with the community and requested that the petition and concurrent variance
request be HELD UP TO 60 DAYS. Staff supported the applicant’s request for a
deferral.
On May
14, 2008, the applicant requested a deferral up to 60 days to allow more time
to work with the community. At the
meeting held on May 20, 2008, the Community Zoning Board recommended that the
petition be HELD FOR 60 DAYS. At the meeting opposition was present. The Community Zoning Board recommended that
the petitioner show the
community
their revised proposal in 30 days and then come back before the Community
Zoning Board in 60 days.
On July
15, 2008, the petition was HELD UP TO
120 DAYS by the Community Zoning Board per the applicant’s
request. Subsequently, the applicant
continued to meet with the community and submitted a revised letter of intent
and site plan on October 30, 2008. The
applicant requested that the petition be heard at the November 18th
Community Zoning Board meeting.
On November 18, 2008, at the Community Zoning Board hearing a representative for the applicant stated that they were working on an agreement with community, but an agreement had not been finalized. Several community leaders spoke in support of the petition, while a few neighbors spoke in opposition. At the time of print, the applicant had scheduled another meeting with the community for Tuesday, November 24th. The Community Zoning Board recommended that the petition be APPROVED CONDITIONAL and Parts 1, 2 & 3 of the concurrent variance and that Part 4 of the concurrent variance be WITHDRAWN.
RECOMMENDED CONDITIONS
1. To
the owner's agreement to restrict the use of the subject property as follows:
a. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 6,521.13* gross square feet per acre zoned or a total of 46,300* square feet, whichever is less, but excluding convenience stores with gas pumps, commercial amusements, and drive thru restaurants. A maximum of 10,300 gross square feet shall be allowed as restaurant use.
b. Limit the building height to 2-stories, except limit the height to 1-story for the two (2) out parcels as shown on the site plan referenced in condition 2.a.
c. The sale of alcohol shall not be allowed after midnight.
2. To
the owner's agreement to abide by the following:
a. To the revised site plan received by the Department of Environment and Community Development on October 30, 2008*. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.
3. To the owner's agreement to the following site development considerations:
a. Delete the required 10-foot landscape strip along both sides of the common property line internal to the southern portion of the retail center (2008VC-0004 SFC, Part 1).
b. Delete the required 10-foot landscape strip along both sides of the common property line internal to the northern portion of the retail center (2008VC-0004 SFC, Part 2).
c. Allow an accessory site feature (a dumpster) to be located in the front yard (2008VC-0004 SFC, Part 3).
d. Provide a 25-foot wide landscape
strip planted to buffer standards outside the new dedicated rights-of-way of
4. To the owner's agreement to abide by the following traffic requirements, dedications and improvements:
a. Reserve for
45 feet from centerline
of
45 feet from centerline
of
45 feet from centerline
of
b. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved:
40 feet from centerline
of
30 feet from centerline
of
30 feet from
centerline of
50 feet from centerline
of
c. Provide deceleration
lanes on
5. To the owner's agreement to abide by the following:
a. Prior to submitting the application for a (LDP) with the Department of Environment and Community Development, Development Review Division, arrange 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 submitting the application for an LDP, 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 an LDP.
APPENDIX**
**
Comments based on original request for 44,104 square feet of retail, restaurant,
and convenience store with gas pumps.
COMMENTS ON PUBLIC SERVICES
AND UTILITIES
NOTE: Various
TRANSPORTATION FACILITIES:
Classification:
Minor Arterial
Level
of Service: C or better
Road
name:
Classification:
Minor Arterial
Level
of Service: C or better
Road name:
Classification: Local
Level of Service: C or better
Road name:
Classification: Local
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 3,989 trips per day
Peak Hour: 96 AM trips, 365 PM trips
Project number
CSSTP-0006-00(731), P.I. No. 0006731 is a safety project with ATMS/ITS on SR
279/Old National Highway from I-285 to
HEALTH DEPARTMENT:
The Fulton County Health Department recommends that
the applicant be required to connect the proposed development to public water
and public sanitary sewer available to the site.
Since this proposed development constitutes a premise
where people work, live or congregate, onsite sanitary facilities will be
mandatory, prior to use or occupancy.
This facility must comply with
the Fulton County Clean Indoor Air Ordinance.
Since this proposed development includes a food
service facility, the owner must submit kitchen plans for review and approval
by this department before issuance of a building permit and beginning construction. The owner must obtain a food service permit
prior to opening.
This department is requiring that plans indicating
the number and location of outside refuse containers along with typical details
of the pad and approach area for the refuse containers be submitted for review
and approval.
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: 4,900 gallons per day
This project is within the City of
SEWER:
Basin: Morning Creek
Treatment Plant: Camp Creek
Anticipated sewer demand: 4,410 gallons per day
The nearest wastewater pipeline to this project is located
375 feet in Land Lot 164, District 13.
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: According to the
BOARD OF EDUCATION: No comment.
TAX ASSESSOR:
Property Tax ID#: 13-0165-LL-049-2
Taxes on the subject property are up-to-date.
FIRE MARSHAL:
Fire Station: 5
Battalion: 1
Impact: Increase in 911 calls, some
traffic congestion and possible increase in water demands.
POLICE DEPARTMENT ZONING IMPACT
STATEMENT:
Beat: 35