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HomeMy WebLinkAboutMinutes - PC - 10-23-2007, I ' MINUTES City of Milton Planning Commission Regular Meeting October 23, 2007, 7:00 PM This summary is provided as a convenience and service to the public, media, and staff It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by the Planning Commission , but not quoted. This document includes limited presentation by the Planning Commission and invited speakers in summary form. This is an official record of the City of Milton Planning Commission meeting proceedings. Official Meetings are audio recorded . Commission Members Present: Paul Hackman, Curtis Mills, Cary Schlenke, Paul Moore, Bob Moheb, Fred Edwards, George Ragsdale Meeting Leader/City Staff: Tom Wilson, Community Development Mike Tuller, Community Development Robyn MacDonald, Community Development INVOCATION The invocation was led Commission Member Cary Schlenke. PLEDGE OF ALLEGIANCE CONDITIONS AND STATEMENT OF BOARD Chair Paul Moore read to attendees of meeting the conditions and statement of the Board and introduced Board Members. RULES AND PROCEDURES OF MEETING Chair Paul Moore read to attendees of meeting the rules and procedures from the City of Milton Zoning Ordinance. He also explained that the City has new Public Comment Cards and how they are to be completed. He also explained the portion of the Public Comment Card stating that any opponent of a re-zoning application must file this disclosure at least five calendar days prior to the first hearing by the local government or any of its agencies, which is usually the Planning Commission meeting. I • " "' • Planning Commission Regular Meeting Tuesday, October 23, 2007 PLANNING COMMISSION AGENDA lL~ ~1filI Description Meeting Staff •• • • • Dates** Recommendation Agenda Item I. Invocation II. Call to Order III. Pledge of Allegiance IV. Public Comment V. Approval of Minutes from the Minutes September 25, 2007 Approval Planning Commission Meeting VI. USE PERMITS Deferred A. Uo7-003 2540 Hopewell Road CZIM Approval VC07-007 7/25/07 Conditional To develop a 16 ,728 DRB 8/7/07 Withdrawal of Part square-foot church with PC 10/23/07 1 of VC07-007 199 fixed seats. Also to MCC Denial of Parts 2 request a 3 part 11/15/07 and3 concurrent variance to 1) VC07-007 Reduce the 75' buffer and ten 10' improvement setbacks to a 25 ' buff er and ten 10 ' improvement setbacks along the south and west property lines (12 .H .3 .1.C .2). 2) To allow parking between the building and the right of way (Article 12 .H.3.5.F.3); 3) To increase the building setback along the right of wa y (Article 12H.3.5.C.1). VII. REZONINGS New A. RZ07-007 Southeast corner of Hwy 9 CZIM Approval VC07-005 & Deerfield Pkwy 9/26/07 Conditional DRB 10/2/07 RZ07-007 To rezone from A PC 10/23/07 Denial of Part 1 of (Medium Density MCC VC07-005 Apartments) & C-1 11/15/07 Approval of Parts 2 (Community Business) to &3 C-1 (Community ofVC07-005 Business) to develop a 141,511 square feet of retail, commercial, service, office and accessory uses including 2 PC Recommendation Approval Withdrawal Approval Conditional excluding gas stations and associated pumps RZ07-007 Denial of Parts 1 & 3 ofVC07-005 Approval of Part 2 of VC07-005 I • C ~ C Planning Commission Regular Meeting Tuesday, October 23, 2007 Iltii~ ~irol Description •• I • Agenda Item fast food restaurants limited to bagel , bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas station . The applicant is also requesting a 3-part concurrent variance; 1.) To reduce the required buffer along the east property line from 100 feet to 25 feet and the 10- foot improvement setback; 2.) To delete the 10' landscape strip along the south property line. 3.) To allow a loading area within the front yard. VIII. USE PERMITS New B. Uo7-005 13660 New Providence Road (The Mill Spring Academy) The Grace Church is requesting to use the existing Gym and Assembly Room and the "T" buildings for up to 200 members and the River Lutheran Church to use the Great Room for up to 175 members IV. TEXT AMENDMENT A. RZ07-013 Zoning Ordinance Article 12H.2 Northwest Overlay District Demolition Permit for both residential and non- residential buildings B. RZ07-014 Zoning Ordinance Article 12A.3.8 Overlay District Authority Amend deadline for consideration of Certificate of Meeting Staff PC Dates** Recommendation Recommendation CZIM Approval Approval 9/26/07 Conditional Conditional DRBN/A PC 10/23/07 MCC 11/15/07 MCCWork Approval Approval Session - 9/13/07 PC- 10/23/07 MCC- 11/15/07 MCCWork Approval Approval Session - 9/13/07 PC- 10/23/07 MCC- 3 . . " ~ Planning Commission Regular Meeting Tuesday, October 23, 2007 lf(,:~ I (fu{himl Description •• • • • Agenda Item Endorsement by the DRB c. RZ07-015 Zoning Ordinance to Delete the following Articles : 12B -Sandy Springs Overlay District 12B(1) -Perimeter Community Improvement District 12C -Cascade Corridor Overlay District 12D -Old National Highway Overlay District 12E -Northeast Fulton Overlay District 12F -Sandtown Overlay District 12J -Chattahoochee Hill Country Overlay District 12K -South Fulton Parkway Overlay District 121 -Cliftondale Overlay District 12M -Cedar Grove Overlay District D. RZ07-017 Zoning Ordinance to delete 19 .3 .1 Alternative Antenna Support Structure to exceed the District Height; 19 .3.1(1) Amateur Radio Antenna to Exceed the District Height; Article 19.3.1(2) Antenna, Tower, and Associated Structures (Radio , T.V., Microwave Broadcasting, etc .) to Exceed the District Height; 19-4.7 Antenna Tower and Associated Structure (Radio, T.V., Microwave Broadcasting, etc.) To Exceed the District Height. X.ADJOURN Meeting Staff PC Dates** Recommendation Recommendation 11/15/o7 MCCWork Approval Approval Session - 9/13/07 PC- 10/23/07 MCC- 11/15/07 MCCWork Deferral-30 days Deferral-30 days Session - 10/11/07 PC-10/23 /07 MCC- 11/15/07 4 .. Planning Commission Regular Meeting Tuesday, October 23, 2007 CHAIR PAUL MOORE • Called for public comment on any topic that was not being addressed by the formal agenda. • No public comment. MOTION AND SECOND: Bob Moheb made a motion to close public comment. Paul Moore seconded the motion. VOTE: 7-0. Motion passed unanimously and public comment was closed. APPROVAL OF MINUTES MOTION AND SECOND: Cary Schlenke made a motion to approve the September 25, 2007 meeting minutes with the approved amendments. Paul Moore seconded the motion. Vote: 7-0. Motion carried unanimously to approve the minutes. APPROVAL OF THE AGENDA MOTION AND SECOND: George Ragsdale made a motion to change the order of the agenda, moving B. Uo7-005 -13660 New Providence Road, The Mill Spring Academy, to the second item position to be heard after the first agenda item, Uo7-003 ; VC07-007, 2540 Hopewell Road Church. Seconded by Bob Moheb. Vote: 7-0. Motion carried unanimously. CHAIR PAUL MOORE: • Asked Staff Robyn MacDonald to call the first agenda item, Uo7-003; VC07-007. STAFF ROBYN MACDONALD: • Read the intent of the applicant from the petition to build at church at 2540 Hopewell Road, Milton, GA. • Originally came before Planning Commission in August. • Came back with revised site plan in September with further suggestions. • Planning Commission reviewed revised site plan. • Discussion about relocating septic field to front along Hopewell Road and relocate parking to rear of building. • Applicant states these requests not feasible to church. • Applicant wishes to withdraw his petition. APPLICANT JON ERICKSON, 3680 Pleasant Hill Road, Duluth, GA. • Respectfully requested withdrawal of their Petition for a special use permit and associated variance without prejudice. • Thanked staff and commission for their assistance. • Looked forward to working with Commission on a future site. 5 Planning Commission Regular Meeting Tuesday, October 23, 2007 CHAIR PAUL MOORE: • Called for public comment in support or opposition. • There was none. • Called for motion to close public hearing. MOTION AND SECOND : Fred Edwards made a motion to close public hearing. Seconded by Paul Hackman. Vote: 7-0. Motion carried unanimously. Public Comment was closed. CHAIR PAUL MOORE: • Called for a motion to accept the withdrawal of Uo7-003; VC07-007. MOTION AND SECOND: George Ragsdale made a motion to accept the request for withdrawal of Uo7-003; VC07-007. Seconded by Cary Schlenke. Vote: 7-0. Motion carried unanimously to permit the withdrawal of Uo7-003; VC07-007. CHAIR PAUL MOORE: • Asked Staff Robyn MacDonald to call the next agenda item. STAFF ROBYN MACDONALD: • Called the next agenda item in accordance with the approved change in order, Uo7-005, 13660 New Providence Road, and Mill Spring Academy School. • Read Purposes and Intent of application. • The Grace Church is requesting to use the existing Gym and Assembly Room and the "T" buildings for up to 200 members and the River Lutheran Church to use the Great Room for up to 175 members • Plan is consistent with Zoning Ordinance of 19-4-27. • Consistent with policies of Comprehensive Plan. • Proposed church is consistent with council and plan policies and compatible with surrounding area. • Staff recommends approval conditional of the proposed use permit for the church. • Existing private use permit will remain. • Will currently run as a church use permit. APPLICANT ROBERT MOORE, 13660 New Providence Road, Milton, GA. • Churches have been on campus for a while. • Compliance issue. • Reason for applying for special use permit. • Neighbors have been contacted and not received any negative comments. 6 Planning Commission Regular Meeting Tuesday, October 23, 2007 CHAIR PAUL MOORE: • Called for public comment. There was none. • Called for motion to close public comment. MOTION AND SECOND : Fred Edwards made a motion to close public hearing. Seconded b y Paul Hackman. Vote: 7-0. Motion carried unanimously. Public Comment was closed. CHAIR PAUL MOORE: • Called for questions for applicant or staff. GEORGE RAGSDALE: • Staff is recommending approval conditional. • Conditions that applicant read show that the majority of conditions are there. • Stated that was his understanding. STAFF ROBYN MACDONALD: • That is correct. • This is just to preserve them. CHAIR PAUL MOORE: • Asked applicant about traffic controls at exits of church. • Any accidents at site he was aware of? • Concern for community because New Providence Road is posted 45mph. • Entrance to property is right there. • Descent, curve and bridge at same time. • Consideration for churches to place traffic control there on Sunday mornings. • Hardship for any of the congregations in attendance? • When reach point of 50 cars leaving at one time, could consider traffic control. APPLICANT ROBERT MOORE: • Not aware of any. • Churches are small. • No accidents he was aware of on any Sunday . • Did not believe churches would be opposed to traffic control on Sundays. • Only approximately 15 cars leaving at one gi ven time currently. • Agreed if got to 50 cars would consider traffic control. CURTIS MILLS: • Asked for confirmation that all church services would be on Sunday . • Could they request a weeknight meeting? 7 Planning Commission Regular Meeting Tuesday, October 23, 2007 APPLICANT ROBERT MOORE: • Stated that was correct. • Have been there for sometime and had not had that request. • If they did would have to negotiate with them. CHAIR PAUL MOORE: • Called for questions for applicant or staff. • There were none. • Called for a motion to include consideration of traffic control. MOTION AND SECOND: Paul Moore made a motion to approve the request for the church use permit at 13660 New Providence Road, The Mill Spring Academy to allow for both churches to assemble on Sundays and on occasions as requested for activities throughout the week providing those are evening activities, with the consideration for once the parishioner car count reaches 50 on their departure that an official traffic control from the City of Milton at that time, to be made condition 4(e) of the zoning conditions. STAFF ROBYN MACDONALD: • Asked if that could be made condition 4(e) so I can put that into the conditions? Seconded by Paul Hackman. Vote: 7-0. Motion carried unanimously. CHAIR PAUL MOORE: • Asked Staff Robyn MacDonald to call the next agenda item. STAFF ROBYN MACDONALD: • Called the next agenda item, RZ07-007, VC07-005, southeast corner of Hwy. 9 & Deerfield Pkwy. • Read intent and purpose of application. • To rezone from A (Medium Density Apartments) & C-1 (Community Business) to C-1 (Community Business) to develop a 141,511 square feet of retail, commercial, service, office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas station. The applicant is also requesting a 3-part concurrent variance; 1.) To reduce the required buffer along the east property line from 100 feet to 25 feet and the 10-foot improvement setback; 2.) To delete the 10' landscape strip along the south property line. 3.) To allow a loading area within the front yard. • Reviewed with Commission changes in Revised Staff Report. • Reviewed with Commission changes in Revised Staff Recommended Conditions. • Read acceptable uses of property. • Read Article 9.1.3 zoning district mm1mum building setbacks for site plan compliance. • Read buffer and height restrictions. 8 Planning Commission Regular Meeting Tuesday, October 23, 2007 • Applicant has not demonstrated hardship that is not self-impos ed. • Staff recommends denial of Part 1, VC0 7-005 . • Applicant requesting deletion of required 10 ft . landscape strip along south property line . • Staff recommends approval conditional of Part 2, VC07-005 . • Standards of Overlay District prevail. • Discussion on parking spaces and loading dock location. • Staff recommends approval conditional of Part 3, VC07-005. • Discussion on landscape strips and buffers. • Applicant attended CZIM meeting at City Hall on 9/26/07. • No public attended meeting. • Staff spoke with 3-4 people residing in nearby subdivisions concerned about increased traffic along Deerfield Parkway and State Route 9. • Staff received a letter from a homeowners' association objecting to potential gas station. • Comments from City of Milton Design Revie w Board meeting on 10 / 2/ 07: (1) Proposed Kohl's building too big for the site; (2)Do not try to maximize space at expense of Hwy. 9 residents ; (3) Consider turning building; (4) Consider turning L-shaped structure to s creen truck loading docks. (5) Highway 9 Overlay requires building materials to continue around corner. • Staff concludes that the proposed C-1 community business development 1s consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan . • Also consistent with recent Board policy. • Discussion about one in-bound and two out-bound lanes. • Staff recommends this request to rezone to C-1 be approved conditional. • Staff recommends denial of Part 1 of VC07-005 and approval conditional of Parts 2 and 3 of VC07-005 • • ATTORNEY PETE HENDRICKS (FOR APPLICANT), 6085 lake Forrest Drive, Atlanta, GA. • Request is to rezone from A (Medium Density Apartments) & C-1. • 16.3 acre tract at SE corner of Deerfield Parkway & Highway 9 . • Request is to rezone to a density of 8 ,805-43 square feet per acre . • Total of 141,511 square feet on the property. • 14.59 acres of the 16.3 is zoned to the C-1 classification currently. • Condition 1(a) of existing zoning requires that density be built & developed within one single structure. • Took a rezoning to come before Commission . • One variance request is to reduce the 100 ft. natural undisturbed buffer to 25 foot and 10 ft. improvement setback. 9 Planning Commission Regular Meeting Tuesday, October 23, 2007 • Applicant will put a 25 ft . landscape strip n ext to the 25 ft . natural undisturbed buffer. • Same relief on Phase 1 being developed has been granted along easterly property line. • Do have public attending tonight that will speak in support. • Second variance is for Phase II and need connectivity between the two for par king , etc. • Third variance is for loading area to be at rear of Kohl's building. • Have increased buffering to block that area. • Went through DRI . • ARC on August 30th that stated this application is in best interest of the region. • Are in compliance with the area densities . • Hardship is the elongated configuration of the property. • Referenced GRTA requirement under Roadway Connectivity . • Requirement is 400 feet from intersection of Deerfield Parkway & Hwy . 9 . PUBLIC COMMENT: ROBERT KIRKLAND, 1216 Whitshire Way, Milton, GA (Support). • On Board of Directors for Camden Deerfield. • Speaking as an individual and not on behalf of his homeowners' as sociation . • Head oflandscaping committee and lead contact for Sembler. • Have been kept apprise of all their plans . • Met ·our requests to provide a security fence . • In support of their project. CHERYL BEASLEY, 13200 Summit Boulevard, Alpharetta, GA (Support). • Manager at Camden Deerfield Apartment Community. • Have spoken with corporate office and they do not have a problem with this either. • Sembler people have spoken with us. • We have a 20-25 foot buffer currently. • De veloper going to help us with our fence . • Approximately 50 feet between them and our apartments. • Do not have a problem with buffer being reduced. ATTORNEY PETE HENDRICKS: • Reserved remaining time for rebuttal. ... CHAIR PAUL MOORE: • Called for anyone speaking in opposition. RAY BARRY, JR., 3043 Oakside Circle , Milton , GA. (Opposition). Planning Commission Regular Meeting Tuesday, October 23, 2007 • Member of Board of Directors of the Homeowners' Association at Orchards of Windward. • Have one objection about the overall project being presented. • Do object to the potential gas station. • Need for gas station in neighborhood has not been demonstrated. • Neighborhood concern on how gas station would affect property values. • Not add anything to aesthetic value and overall appearance of neighborhood. • General consensus is opposition to the gas station proposed. SARA WESTBROOK, 915 Sandringham Drive, Milton, GA. (Opposition) • Not against entire development. • Extremely concerned about two intersections and no traffic lights. • Concern about gas station and EPA problems of leaking fuel oil into the ground. • Opposed due to the safety, health and environment issues. ROBERT L. SMITH, 305 Harmony Court, Milton, GA. (Opposition). • Opposed to potential gas station. • Opposed to loading dock near subdivision. • No effort appears to have been made to consider residents by applicant. • Concern about possibility of bright lights burning late at night. • Excessive noise from delivery trucks, especially at night. • Ugly dumpsters on site. • Obnoxious odors and fumes coming from gas station. • Unmanageable volume of in and out traffic on Deerfield Parkway. • Increased crime possibilities. SARA ALLEN, 13430 Avensong Ives Way, Milton , GA. (Opposition). • Submitted petition with 108 signatures of citizens opposed. • Not limited to Avensong Subdivision. • Focus of petition is opposition to the potential gas station. • Concern about MARTA stop adjacent to gas station. • Concern about loading dock adjacent to Deerfield Parkway. • Concern about wear and tear on the road. APPLICANT BRIAN SNELLING, 1450 S. Johnson Ferry Road, Atlanta, GA. (Opposition). • Camden Deerfield Apartments only property fronts the full frontage of current rezonmg. • Happy to contact other members for other neighborhoods. • Intersections of concern (Webb Road and Windward Village Parkway) signal permits have been approved through GDOT. • Working with GDOT in their timeframe to approve with their conditions. • Proposed zoning is projecting a signal at Deerfield Parkway. 11 Planning Commission Regular Meeting Tuesday, October 23, 2007 • Will be working with city to dry to expedite getting signal at Deerfield and Highway 9. • Outside lighting conforms to Dark Sky Ordinance. • Burn during normal business hours. • Happy to engage with community about their concerns. • Gas pumps -had to show something on site plan when zoning submitted. • It is one of the uses. • Not many gas stations in area so put it on site. • Also marketing to banks, restaurants and other retail uses. • If gas station were to go in, pumps and tanks would be pushed far back off roadway and screened. PETE HENDRICKS: • Respectfully request approval as submitted by applicant. REQUEST FOR ADDITIONAL TIME OF 1WO MINlITES FOR OPPOSITION AND PRESENTERS WAS GRANTED BY MOTION AND SECOND 6-o. ROBERT SMITH (Opposition): • Resides in Avensong . • Single family residences. • Referenced on site map entrance to Avensong. • New homes are across the street. • Concerns about what is happening along Deerfield. • Requesting denial of gas station and loading dock. BOBMOHEB: • Made a motion to close public comment. MOTION AND SECOND: Bob Moheb made a motion to close public comment. Paul Hackman seconded the motion. VOTE: 7-0. Motion carried and public comment closed. PAUL HACKMAN: • Willing to take gas stations off project completely? BRIAN SNELLING: • Was discussed within company today. • Was aware of opposition. • Do not have a specific user there. • Cannot say right at the moment. • Will bring this back to table as move forward. • Need to discuss with board members. 12 Planning Commission Regular Meeting Tuesday, October 23, 2007 GEORGE RAGSDALE: • Asked Mr. Snelling ifhe owned all of the property subject to the application. BRIAN SNELLING: • Company currently under contract for all of the property for Phase II rezoning. GEORGE RAGSDALE: • Asked how much contingent on approval. BRIAN SNELLING: • Contingent to getting rezoning for requested use. GEORGE RAGSDALE: • Question about proposed Kohl's building. • How many different footprints does Kohl's have for standard store? BRIAN SNELLING: • Kohl's representation in audience and can answer any questions for Commission. JEFF ADAM (KOHL'S REPRESENTATIVE, POTENTIAL TENANT OF APPLICANT), 12324 W. Cherry Street, Wauwatosa, WI : • Senior Site Development Manager for Kohl's. • Main area and loading dock can go in some different positions. • Back of store preferred position. GEORGE RAGSDALE: • So there is only one footprint for the main operating floor? • Willing to change that? • Explain floor space and reconfiguring. • Would Kohls consider reconsider the shape of the box, not the size? JEFF ADAM (KOHL'S REPRESENTATIVE, POTENTIAL TENANT OF APPLICANT). • Correct. Main sales floor area is one footprint. • Do not like to change because affects the type of merchandise they like to carry. • Longer and more expensive process for them. • Due to layout of their store. • Like to use their prototype. • Parking in front of building for convenience of customers. • Would have to go back to executive committee to get any approval for change. 13 Planning Commission Regular Meeting Tuesday, October 23, 2007 CHAIR PAUL MOORE: • Consideration orientation of the building. • Most buildings on Highway 9 are oriented to Highway 9. ATTORNEY PETE HENDRICKS: • Lengthy discussion during Phase I about building and parking. • Wanted pedestrian engagement. • Asked to create a village look. • Pedestrian interconnectivity. • Plan went through D RI process. • Site plan was processed and got approval through ARC and GRTA . • Concerns about entirely reworking the plan. • If get approval requested feel the gas tanks could be removed from proposal. CHAIR PAUL MOORE: • Community concern about buffers . • Reconsider shift of building. JEFF ADAM (KOHL'S REPRESENTATIVE, POTENTIAL TENANT OF APPLICANT). • Did work with Brian to try several different configurations. • This one presented the optimum for our purposes. BRIAN SNELLING: • Explained about necessary position for the driveway. • There is an existing driveway across the way that is a DOT requirement. • Detention locations. • Need to be able to have inner-parcel connection. • After all considerations felt this orientation was the best for all uses. CARY SCHLENKE • Question about retention pond and stream buffer. • Can you do underground detention pond with stream buffer? BRIAN SNELLING: • Current detention is outside of steam buffer. • No current plans to go fully underground because of cost. • Site is higher that site to west of them due to the topography. • Driveway consideration. • Parking consideration. CARY SCHLENKE: • Question for Kohls' representation. 14 Planning Commission Regular Meeting Tuesday, October 23, 2007 • Looked at Kohls' website and it showed different store sizes . • Listed 3 sizes in their annual report. • Difference in square footage? • Read from page 27 of DRI recommendations. JEFF ADAM (KOHL'S REPRESENTATIVE, POTENTIAL TENANT OF APPLICANT): • Have full size and small size store. • Based on sales volume projected for Milton area. • Full size is 87,000 sq. feet and small is 63 ,000 sq. feet. LENGTHY COMMISSION DISCUSSION WITH APPLICANT ABOUT STORE ORIENTATION REFERENCING SITE MAP. ATTORNEY PETE HENDRICKS: • One of the DRI recommendations is for approval for the site plan. • Read DRI recommendation from site plan they reviewed on page 26, 3rd paragraph. • Overall density for both phases is 141,511 square feet. GEORGE RAGSDALE: • Stated DRI indicates approved based on July 11, 2007 site development plan. • Not any of the 3 this Commission has in front of us. APPLICANT BRIAN SNELLING: • Phase II of the entire site plan is what Commission has. • DRI reviewed it as one contiguous piece of property not two phases. CARY SCHLENKE: • Asked about location of traffic signals when site begins operation. • Asked before you get CO where do you have to have the traffic lights? APPLICANT BRIAN SNELLING: • Traffic lights will be at Highway 9 and Webb Road. • Intersection being reconfigured for additional lanes. • Traffic signal at Windward Village Parkway that connects back to Webb Road. • Proposed signal for Deerfield Parkway and Highway 9. • Approval by GDOT and will go in approximately June 2008. • Traffic engineers working on this to get a permit package to the City for approval. • GDOTwants traffic counts done. • Sembler doing everything they can to get this expedited. • Costs of signals are not city expenses. • Sembler will pay for these and other developers in that area. 15 Planning Commission Regular Meeting Tuesday, October 23, 2007 CARY SCHLENKE: • Concerns about traffic light at Deerfield and State Route 9. • Can this be part of whole package when CO is issued for traffic signals? • Understands GDOT has to approve. STAFF TOM WILSON: • Northern most signal not yet permitted by GDOT. • Could take a year to get permitted. • Believes GDOT will approve once application is made. • Would be installed prior to the CO for the Kohls' building. • Other two installed prior to occupancy of the Target building. • Have to be compliant with entire list of recommended conditions. • Not issue CO until this is completed. BOBMOHEB: • Asked if lights would be decorative in nature. STAFF ROBYN MACDONALD: • Stated they were. BOBMOHEB: • Asked if possible to do a 180% on the building with front facing Deerfield. ADDITIONAL DISCUSSION COMMISSION AND APPLICANT ABOUT FACING OF BUILDING AND RECONFIGURATION. GEORGE RAGSDALE: • DRI approval is subject to modifications that can be made if not material. • Relocating and reconfiguring building are not material as defined in this application. • Would not alter access and ingress from site or number of cars coming and going. • Do not believe this would be consideration a modification under DRI approval. • All this discussion seems to be about Kohls going in that spot. • If Kohls not willing to work with community in reconfiguring site, perhaps another retailer should be considered. • Goal is to achieve what is aesthetically pleasing to community. • If gas station were eliminated would have even more room to reconfigure building. CURTIS MILLS: • Asked Kohls' representative about statement he made about only one footprint. • Perhaps two and maybe three. • Commission looking for additional options for the site layout. 16 Planning Commission Regular Meeting Tuesday, October 23, 2007 • Hardship listed was the constraint of s p ace . • If city market would support an 87,000 s q. ft . building, why not 63,000 sq. ft.? • It appears there is an option for a smaller footprint. • Any reason that 63 ,000 sq. ft . store would not be successful? JEFF ADAM (KOHL'S REPRESENTATIVE, POTENTIAL TENANT OF APPLICANT): • Kohls use multiple footprints of the 8 7,000 sq. ft. building with loading dock added. • Do have 63,000 sq. ft . building that has two prototypes to it. • 63,000 sq. ft. store would be too successful -too busy. • Kohls use very strategic planning. CURTIS MILLS: • Question for public speaker, Mr. Kirkland . • When stated you were support of application, would you considering everything in questions including buffers, loading dock and gas station? • Anything you heard here tonight that not in s upport of? ROBERT KIRKLAND: • Talked with Brian Snelling about traffic, li ghts, cut-off lights, landscaping of parking lot. • Saw overall site plan but were focused on part that interfaced our property. • The gas station issue may be a concern. • Our property is at the south end of Phase I. CHAIR PAUL MOORE: • Application did not address height. • Currently allow up to 4 stories or maximum of 60 feet. • Discussion to eliminate this to 2 stories or 30 feet. • Asked if applicant able to comply with either height requirements . • Questions for some of the public speakers. • Discussion about landscape buffers . APPLICANT BRIAN SNELLING: • He thought they could. • Thought Target parapet might exceed the 30 feet slightly. • Nothing even close to 60 feet . • Also planning to continue the 25 ft. landscape strip along full length of property. • 50 feet of landscaping between the two properties. • Plan to use impervious materials for parking area. • Discussion with Commission referencing site plan. 17 Planning Commission Regular Meeting Tuesday, October 23, 2007 STAFF TOM WILSON: • Everything along Hwy. 9 north of Webb Road is already restricted by comp plan to be no higher than 2 stories and 30 feet. CURTIS MILLS: • Impressed with site plan. • Are buffers consistent? • Question about 72 parking spaces. APPLICANf BRIAN SNELLING: • 31 acres to the south from Webb Road to Phase line. • Current buffers are 25 ft. undisturbed buffer with 10 ft. improvement setback. • Landscape strip being planted behind the back of curb, so adding to buffer. • Need to allow for driveway to be put in. • Parking spaces along the east property line. CURTIS MILLS: • Questions for Staff Robyn MacDonald about shield and buffer for loading dock area. STAFF ROBYN MACDONALD: • Not an open loading dock. • There is a wall with embellishment on it. • 25% fenestration required in the State Route 9 Overlay Districts . • 360 degree architectural will be required regardless of the orientation. • Other buildings going in will also shield loading dock area. • Sembler builds walls and make them look like an extension of the building. APPLICANf BRIAN SNELLING: • Loading dock actually sits inside of the building footprint. • Explained how trucks in loading dock area would come in and out. • Referenced on site plan for Commission. COMMISSION DISCUSSION WITH STAFF ABOUT WHICH AREAS ON SITE MAP WERE ZONED A, REFERENCING FROM SITE MAP. GEORGE RAGSDALE: • Clarified that gas station was on A portion. • C-1 zoning requires no use permit for gas stations. CARY SCHLENKE: • Question about lighting from site plan. 18 Planning Commission Regular Meeting Tuesday, October 23, 2007 • Did DRB speak to the color? APPLICANT BRIAN SNELLING: • Sheppard's Hook type. • Similar to Birmingham Publix. • Dark Sky Compliant. • Full cut-off fixtures. • 28 ft. maximum pole height. • Compliance with all the overlay ordinances. • Very decorative. • Color is currently champagne. CURTIS MILLS: • Additional questions about buffers. • Would it be cleaner to make 50 ft. instead of 25 ft . plus a stated to landscape. STAFF ROBYN MACDONALD: • Can make it anyway Commission wants within the 50 feet. • Arborist will suggest if additional plantings are required for additional 25 ft. • Can say landscape strip planted to buffer standards. • Can make it conditioned for the 50 feet and can make it 25 ft. existing buffer and 25 ft. landscape strip. LENGTHY DISCUSSION REGARDING BUFFERS AND LANDSCAPE. ARBORISTMARKLAW: • Conditions could be landscape strip or landscape strip planted to buffer standards. • 3 rows of Evergreens along that entire strip to provide the screening. BRIAN SNELLING: • Applied for Phase I LDP in July 2006. • At time of LDP it was not an undisturbed area. • Property was originally rezoned in 2003-04 it was just 31 acres considered part of zonmg. • Big Box Ordinance did not exist. • 25 ft . buffer was standard language. • Permit was approved to clear entire site. • No specimen trees on site, all natural growth. • Needed to balance site. • Cleared and graded entire site. • Left part rough graded for future development. • May 2006 Big Box Ordinance was adopted. 19 Planning Commission Regular Meeting Tuesday, October 23, 2007 • Apply for this rezoning after Bi g Box Ordina nce was a dopted trigg ered need for variance. SARA WESTBROOK (In Support): • Asked for 10 seconds to address loading dock issue . • All commercial stores have delivery. • Cannot hold back progress and tax base for the new development because of this. CHAIR PAUL MOORE: • Called for a motion. GEORGE RAGSDALE: • Will make motion. • Preference making motion by stating community is mostly objecting to the gas station. • Some concerns about traffic. • Did not hear too much concern about amount of space between rear of development and properties behind it. • Discussion about aesthetics of the development and overall quality. • Orientation of building . • Buffering and screening. MOTION AND SECOND: George Ragsdale made a motion to (1) deny the request for rezoning from A to C-1 ; (2) approve the deletion of the 10 foot landscape strip on the south property line; (3) deny the buffer along the east property line ; and (4) deny the location of a loading area within the front yard. Seconded by Paul Hackman. DISCUSSION: GEORGE RAGSDALE: • Most common concern from community is they do not want gas station. • A zoning does not allow gas station. • If came back with different use to reconsider the idea of rezoning it for another use other than a gas station. • If we rezone it as C-1 we cannot prevent them putting a gas station in there. • Believes building can be reoriented in way that would be more aesthetically pleasing. • No objection to the 25 foot undisturbed buffer and 25 ft . landscape strip planted to buffer standards if building were differently oriented. • No objection to loading dock but believes can be reconfigured to be in rear of building. 20 Planning Commission Regular Meeting Tuesday, October 23, 2007 STAFF ROBYN MACDONALD: • Confirmed with George Ragsdale that he was recommending approval of C-1 to C-1 zoning. COMMISSION DISCUSSION ABOUT A AND C-1 ZONING USES. GEORGE RAGSDALE: • Willing to look at a revised site plan and address some addressed questions. • Cannot move for deferral. • Applicant needs to request a deferral. • Applicant did not make commitment to pull gas station from project. • Would not object to rezoning if they did so . • If rezoned to C-1 they are allowed to put gas station on it. STAFF ROBYN MACDONALD: • Can exclude it in the conditions. GEORGE RAGSDALE: • Would be tough to sustain after zoning was changed. CARY SCHLENKE: • Would building need to be made smaller? • Applicant stated could not change orientation and have necessary parking. CHAIR PAUL MOORE: • The wa y motion is stated forces applicant to address those issues . ATTORNEY PETE HENDRICKS: • Could go to condition 1(a) and add the exclusion of gas pumps or gas stations. CHAIR PAUL MOORE: • Need to withdraw motion and state another one. • Need unanimous support to do so . VOTE: 7-0. Motion to withdraw motion of George Ragsdale was unammous. MOTION AND SECOND: George Ragsdale made a motion to (1) to approve the rezoning from A to C-1 and C-1 to C-1 with the condition that the use of a gas station be precluded as a condition for the entire parcel ; (2) approve the deletion of the 10 foot landscape strip on the south property line; (3) deny the buffer along the east property 2 1 Planning Commission Regular Meeting Tuesday, October 23, 2007 line; and (4) deny the location of a loading area wi thin the front yard. Seconded by Paul Hackman . DISCUSSION: BOBMOHEB: • Not see a problem with reducing the 100 ft. buffer. • Applicant needed this for Deerfield entrance. VOTE: 6-1 in favor of motion. Bob Moheb was in opposition. Motion carried. BOBMOHEB: • MOTION AND SECOND : Bob Moheb made a motion to take a 5 minute adjournment at 9 :50 p.m. Seconded by Paul Hackman . VOTE: 7-0. Motion passed unanimously. CHAIR PAUL MOORE: • Reconvened meeting at 10 :00 p .m . • Asked Staff Robyn MacDonald to call the next agenda item. STAFF ROBYN MACDONALD: • Called the next agenda item , RZ07-013, Zoning Ordinance Article 12AH.2, Northwest Overlay District Demolition Permit for both residential and non-residential buildings . • Staff recommends approval. NO PUBLIC COMMENT. CHAIR PAUL MOORE: • Called for a motion to close public comment. MOTION AND SECOND: Paul Moore made a motion to close public comment. George Ragsdale seconded the motion . Vote : 7-0. Motion to close public comment carried unanimously. MOTION AND SECOND: Bob Moheb made a motion to approve the Text Amendment to the Zoning Ordinance Article 12AH .2 as written. Paul Hackman seconded the motion. DISCUSSION: GEORGE RAGSDALE: • Text Amendment as written and discussed at briefing needs to b e amended for clarity. 22 Planning Commission Regular Meeting Tuesday, October 23, 2007 • What Design Review Board's scope of responsibility is. • Asked Bob Moheb to withdraw his motion and he would restate. CHAIR PAUL MOORE: • Called for vote for approval of withdrawal • Vote was unanimous. • Bob Moheb's motion was withdrawn . GEORGE RAGSDALE: MOTION AND SECOND: George Ragsdale made a motion to approve the Amendment to Article 12H.2 of the Zoning Ordinance subject to the following changes: (1) That the references to the City of Milton Overlay District Design Review Board be amended throughout this ordinance to delete the words, Overlay District; and (2) That the end of the last paragraph in 12H.2 be amended to read as follows: Make recommendations to the Department of Community Development prior to the approval of a building permit and for both residential and non- residential structures prior to the approval of a land disturbance permit, demolition permit or a primary variance. Seconded by Paul Hackman. VOTE: 7-0. Motion carried unanimously. CHAIR PAUL MOORE: • Asked Staff Robyn MacDonald to call the next agenda item. STAFF ROBYN MACDONALD: • Called the next agenda item, RZ07-014, Zoning Ordinance Article 12.A..3.8, Northwest Overlay District Authority Amend deadline for consideration of Certificate of Endorsement by the Design Review Board. • Staff recommends approval. • Some edits were made at briefing to clean up some regarding references to Fulton County. • Provided Commission with revised Text Amendment prior to meeting. • Changed 30 days to 90 days. MOTION AND SECOND: Bob Moheb made a motion to approve the Revised Amendment to Article 12.A..3.8, Northwest Overlay District Authority Amend deadline for consideration of Certificate of Endorsement by the Design Review Board. Seconded by Paul Hackman. VOTE: 7-0. Motion to approve revision was unanimously and motion carried. CHAIR PAUL MOORE: • Asked Staff Robyn MacDonald to call the next agenda item. 2 3 Planning Commission Regular Meeting Tuesday, October 23, 2007 STAFF ROBYN MACDONALD: • Called the next agenda item, RZ07-015, Zoning Ordinance to Delete the following Articles: 12B-sandy Springs Overlay District; 12B(1)-Perimeter Community Improvement District; 12C-Cascade Corridor Overlay District; 12D -Old National Highway Overlay District; 12E-Northeast Fulton Overlay District; 12F-Sandtown Overlay District; 12J-Chattachoochee Hill Country Overlay District; 12K-South Fulton Parkway Overlay District; 12L-Cliftondale Overlay District; and 12M-Cedar Grove Overlay District. • All non-Milton to be removed from Zoning Ordinance. • Staff recommends approval. MOTION AND SECOND : Paul Hackman made a motion to approve RZ05-015. Fred Edwards seconded the motion. VOTE: 7-0. Motion passed unanimously. STAFF ROBYN MACDONALD: • Called the next agenda item, RZ07-017, Zoning Ordinance to delete 19.3.1 Alternative Antenna Support Structure to exceed the District height; 19.3.1(1) Amateur Radio Antenna to Exceed the District height; Article 19.3.1(2) Antenna, Tower and Associated Structures (Radio, TVS., Microwave Broadcasting, etc.) to Exceed the District Height; 19-4.7 Antenna Tower and Associated Structure (Radio, TV., Microwave Broadcasting, etc.) To Exceed the District Height. • Staff requesting 30-day referral. • Will bring before Commission actual Communications Ordinance as a use permit under Article 19 at November meeting. • Will be deleting this and replacing with new ordinance. MOTION AND SECOND : Bob Moheb made a motion to approve 30- day deferral of RZO7-017 . Paul Hackman seconded the motion. Vote: 7-0. Motion passed unanimously. DISCUSSION: STAFF TOM WILSON: • Explained to Commission about number of briefings and meetings. • Explained to Commission will be adding Historic Preservation, Highway 9 and Tree Preservation Ordinance meetings. • Will have to combine some of these meetings . • Next PC briefing was scheduled for November. • Changed to Nov. 19th because of holiday. 24 Planning Commission Regular Meeting Tuesday, October 23, 2007 STAFF TOM WIISON: • Willing to meet during weekday hours. • Cannot do in evenings any longer. • Told Commission to give thought to this matter. • Bob handled arranging for regular PC meetings and did good job. • Asked Bob to get with PC members and come up with date. DISCUSSION WITH STAFF AND COMMISSION MEMBERS ABOUT BRIEFING DATES, TIME, LENGTH OF BRIEFINGS AND PREPARATION FOR REGULAR MEETINGS. VOTE: 7-0 in favor to adjourn meeting. Motion was unanimous. Meeting adjourned at 10:55 p.m. ncesca Ivie City Clerk's office QI_ Paul Moore, Chairman Planning Commission 25