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HomeMy WebLinkAboutPacket - PC - 11-25-2008 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004 **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council 1 PLANNING COMMISSION AGENDA Tuesday November 25, 2008, 7:00 pm Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation I. INVOCATION II. CALL TO ORDER III. PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENT V. Approval of Minutes Minutes from the October 28, 2008 Planning Commission Meeting Approval VI. New Rezonings RZ08-10 To rezoned from C-2 (Commercial) to C-1 (Community Business) to develop a 28,260 square foot home fashion center at a density of 12,504.42 square feet per acre on 2.26 acres CZIM- 10/29/08 DRB-11/5/08 PC-11/25/08 MCC- 12/15/08 Approval Conditional VII. Adjourn Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 1 of 17 RZ08-10 R/A Z00-28 PETITION NUMBER(S): RZ08-10 PROJECT NAME Home Fashion Center PROPERTY INFORMATION ADDRESS 622 N. Main Street DISTRICT, LAND LOT 2/2 1109, 1124 OVERLAY DISTRICT SR 9 EXISTING ZONING C-2 (Commercial) Z00-028 PROPOSED ZONING C-1 (Community Business) ACRES 2.26 EXISTING USE Single Family Residence PROPOSED USE Retail Home Fashion Center OWNER David Burre, Edward Jones, Custodian ADDRESS 11660 Alpharetta Hwy, Suite 100 Roswell, GA 30076 PETITIONER/REPRESENTATIVE Larry Singleton, EDT Real Estate, LLC ADDRESS 1705 Enterprise Way, Suite 200 Marietta, GA 30057 PHONE 770-980-0400 INTENT To develop a 28,260 square foot home fashion center at a density of 12,504.42 square feet per acre on 2.26 acres Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 2 of 17 RZ08-10 R/A Z00-28 LOCATION MAP PIEpiIn!d 00:lI1t1~ PellblElTn .. Shady GToVElIbn ..--f~£City of Milton G-E-O-R-G-I-A RZOS-IO -.atRZlms -1U.8.1-My !lou" r2'2l ~en ae HZIl610o2IHI1FUI1mCOWiy1ll:r []I(IeSI Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 3 of 17 RZ08-10 R/A Z00-28 CURRENT ZONING MAP " Sluldy GlOMe In1------ 9 .,-.....,kity of Mi Ito n ,-G-£-Ofl.G.J-A z.",;"g,KZDS-1lI smjDCtS -... ... .... -~01-0.-D-_.....D-Q----..... D .-......-.-.....-....-......•.-D- D-....-.-D-.... Dc>'.... D'"D ..... Jar.aDr in--~'lli f Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 4 of 17 RZ08-10 R/A Z00-28 SITE PLAN – October 7, 2008 ~illiiUlql I ~•.-i!I ~f u ~~ •l'~U ~~U§ q •~. II RII"'IIilli!il SIiIlli,j!11, \. \ (f HHI (I I i 2 !? i I PU~IHi;e 1'1"11]i !i i N o "T1 W Home Fashion Center i 622 North Main Street , Millon,Georgia 30004 I• Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 5 of 17 RZ08-10 R/A Z00-28 SUBJECT SITE SUBJECT SITE: The subject site contains 2.26 acres with a single family residence. It is currently zoned C-2 (Commercial) pursuant to Z00-28 approved for a total of 18,673 square feet or a density of 8,262.39 square feet per acre. Standards of Review (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 or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed retail facility, if developed with Staff’s Recommended Conditions, is suitable for the subject site given the existing and anticipated commercial development in the surrounding area. Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 6 of 17 RZ08-10 R/A Z00-28 B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff’s opinion, the proposed retail use will not have an adverse effect on the use or usability of adjacent and nearby properties if developed in accordance with the Recommended Conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use as currently zoned. D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services and facilities. However, some impact on the transportation system is expected but should be mitigated with compliance to the Recommended Conditions for project improvements. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed retail use is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. The petition is also consistent with Board Policy and similar uses in the area. A brief description of the project is noted below. Focus Fulton 2025 Land Use Plan Map: Retail/Service Commercial Proposed use/density: Retail/Commercial – 12,504.42 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Retail/Service Commercial on the surrounding properties to the east, south and southwest of the subject site. Further to the north the Plan suggests Residential 2-3 and further to the south Residential 3-5 units per acre. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 7 of 17 RZ08-10 R/A Z00-28 • 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. • Encourage a broad range of business types and an even distribution of employment centers among the major divisions of the City. F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? There are no conditions affecting the use of this property. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use is not considered environmentally adverse affecting natural resources, the environment, or the citizens of the City. Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 Z88-94 M-1 (Light Industrial) Public Storage Mini Warehouses 85,650 Total Sq. Ft 13,757 Sq.Ft./Acre East 2 City of Alpharetta Stonewood Village Shopping Center Further East 3 City of Alpharetta One Star Ranch Farthest Southeast 4 City of Alpharetta Advance Auto Parts Far Southeast 5 City of Alpharetta Undeveloped lot Southeast 6 05Z-031 TR Conditional (Henderson Landing Subdivision) 6.57 units/acre Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 8 of 17 RZ08-10 R/A Z00-28 Southeast 7 Z01-058 C-1 Conditional Southeast 8 Z04-095 MIX (Mixed Use) Watercrest Village: Shopping Center and Townhomes Residential- 3.12 units/acre Retail- 2,093.4 sq. ft./acre Office- 897.13 sq. ft./acre Further South 9 Z96-27 City of Alpharetta Winthrope Chase S/D 5 units per acre South 10 Z06-75 C-1 Community Business 14,000 Total Sq.Ft. 6,698.57 Sq.Ft./Acre South 11 Z95-72 C-2 (Commercial) Offices – Existing Milton Office Park 24,000 Total Sq.Ft. 6,231 Sq.Ft./Acre Southwest 12 Z94-008 City of Alpharetta C-1 Conditional Telephone Substation 32,309.74 sq.ft./acre Southwest 13 Z01-092 City of Alpharetta C-1 Conditional Southwest 14 Z82-069 City of Alpharetta C-2 Conditional 20,000 Total sq.ft. 40,000 sq.ft/acre Southwest 15 City of Alpharetta Shell Gas Station Southwest 16 City of Alpharetta Orchards Hopewell Subdivision Far West 17 City of Alpharetta Scattered Single Family 1+ acre lots West 18 City of Alpharetta C-2 Commercial Undeveloped West 19 Commercial Retail; Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 9 of 17 RZ08-10 R/A Z00-28 City of Alpharetta Chalk Champions West 20 Z93-29 C-1 (Community Business) Uniform Depot 6,500 Total Sq.Ft. 8,125 Sq.Ft./Acre Northwest 21 Subdivision Z98-81 CUP (Community Unit Plan) 2.5 units per acre EXISTING USES LOCATION MAP -<'i-c '(Ity of Milton ("...r...()·R..(J·I·A Zonin.g fiud RZ08-1 0 SubJecl Site //.1 Subject'Ie _Cil)'lJmiu Zoning -"-oW_C ommuflil)Hw.in.·!1....) _-.(C.",..«";.I)- M·I (Ughllndll lrilil) _~IIX.(l\Ii';f...tl1J•••) rR{'ruwnhousc R . Aipharetllll t"litdcntllll) .--.~'HkOP!iCOM Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 10 of 17 RZ08-10 R/A Z00-28 #20-Uniform Depot located to the west zoned C-1 (Community Business) #1 - Public Storage located to the east zoned M-1 (Light Industrial) Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 11 of 17 RZ08-10 R/A Z00-28 #8 - Watercrest S/C located to the south zoned MIX (Mixed Use) #10 -Property to the south zoned C-1 (Community Business) Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 12 of 17 RZ08-10 R/A Z00-28 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 7, 2008, Staff offers the following considerations: Hwy 9 Overlay District BUILDING SETBACKS In accordance with Article 9.1.3 of the Zoning Ordinance require the following building setbacks: Front – 40 feet along North Main Street (SR9) Sides – 0 Feet Rear – 0 Feet The site plan indicates compliance with the setback requirement. BUILDING HEIGHT The applicant indicates that the proposed building height will not exceed 15 feet from average grade which is in compliance with the Highway 9 Overlay District. LANDSCAPE STRIPS AND BUFFERS Article 12G.4 Section A1 of the State Route 9 Overlay District requires a twenty (20) foot-wide buffer. Article 12G.4 Section A.3 further states that for every thirty (30) linear feet of landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director. The east and north property lines adjacent to M-1 (Light Industrial) require a 5- foot landscape strip. The western property lines adjacent to C-1 and Commercial in the City of Alpharetta require a 10-foot landscape strip. The applicant’s site plan shows compliance with the requirement. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum Requirement Spaces Provided Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 13 of 17 RZ08-10 R/A Z00-28 • Retail Service Commercial 21,060 square feet Storage/Receiving 7,200 square feet Total • 5 spaces per 1,000 sq. ft. of building area 105 spaces required 1 space per 2,000 sq.ft. of Building area 5 spaces required 110 spaces required 99 spaces required with admin. variance 99 spaces provided Staff notes that the applicant is providing 99 parking spaces, which does not meet the required 110 parking spaces required per Article 18 of the City of Milton Zoning Ordinance. The applicant in the Letter of Intent is asking for an administrative variance to reduce the parking by 10% or 11 parking spaces. The Community Development Director approves this request and therefore the number of parking spaces provided meets the requirement for parking on this site. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12G.4. Section F. OTHER CONSIDERATIONS Staff notes that there are at least 2 retaining walls on the site which must comply with Article 12.G.4.C.3 which states, “Retaining walls shall be faced with or constructed of stone, brick or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be required adjacent to it. In addition, the site plan does not indicate the required bicycle parking area pursuant to 12.G.4.H.5. Both the building and the site must comply with Article 12G, State Route 9 Overlay District, at the time of the Certificate of Occupancy. ARBORIST COMMENTS Heavily wooded site which appears will have almost all trees removed. With current plan, may be able to save 2 specimen pine trees. Required tree density count of 67.5 units will be almost completely eliminated. Density replacements would be 135 - 4” caliper trees. Recompense plantings may be as much as 122 – 4” caliper trees. With current plan, it is highly unlikely the required trees can be planted on the site. Specimen Trees on site: 5 – 24” pines Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 14 of 17 RZ08-10 R/A Z00-28 1 – 26” pine 1 – 26” pine 1 – 20” poplar PUBLIC INVOLVEMENT On October 29, 2008 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were no members of the community in attendance. Public Comments – Staff has not received any comments from the community regarding this development. City of Milton Design Review Board Meeting – November 5, 2008 The following comment was made by the DRB: • Site development density is too great. • Asking for administrative variance for reduction in parking because of the density shown. • Proposed development requires extensive retaining walls 10' from property line and in some cases do not allow for vegetative screening required by ordinance. Retaining walls must meet Overlay requirements. • Tree density for tree recompense needs to be substantially supported on site per Arborist report. • Sidewalk across front of property, sidewalk to building entrance from public R/W per ADA requirements. • Bicycle parking per Ordinance. Public Notice Requirements The rezoning petition has met all of the required Public Notice Requirements. CONCLUSION The proposed development is consistent with Plan Policies and Board Policy for the development of C-1 (Community Business) to develop a home fashion retail center. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ08-10 with the following Recommended Conditions. Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 15 of 17 RZ08-10 R/A Z00-28 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail Commercial and accessory uses, at a maximum density of 12,504.42 gross floor area per acre zoned or a total gross floor area of 28,260 square feet, whichever is less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 7, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of 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) Provide 30’ wide cross-access easements free of any structures or utilities for future vehicular and pedestrian inter-parcel access points on the east and west property lines and on the south side of the northwest section of property as approved by the Director of Public Works. b) All building entrances shall have a direct connection to the sidewalk network and to the three cross-access points. c) The site plan must provide adequate fire truck access to all buildings on site, in alleys and one-way conditions; as acceptable to the Transportation Engineer and Fire Marshal. Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 16 of 17 RZ08-10 R/A Z00-28 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Reserve the necessary Right of Way along the necessary property frontage of SR 9/North Main Street, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the Right of Way Ordinance. b) Dedicate at no cost to GDOT prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the Right of Way for the approved final site plan including the following: i) Provide the following road improvements as approved by the Transportation Engineer for Milton and GDOT: 1) East bound left turn lane with 90’ of storage on SR 9 at site driveway 2) Striping for west bound left turn lane with 60’ of storage on SR 9 at Rex Theater property 3) Concrete barrier or pylons within striping to the east of property as approved by GDOT ii)Provide six foot wide concrete sidewalk along the entire SR 9 frontage of the property located no more than 1 foot off the Right of Way line and no less than 5 feet behind the back of curb or as approved by the Director of Public Works.. c) Any new required entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer for Milton and GDOT. 5. To the owner’s agreement to abide by the following: a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. Locations shall be as approved by the Stormwater Engineer. Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 11/20/2008 Page 17 of 17 RZ08-10 R/A Z00-28 b. The water quality and above-ground detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Above-ground Detention facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it c. The Developer shall utilize GASWCC limited application controls. All water quality and above-ground detention facilities shall have vegetated surfaces to be regularly maintained by the owner. d. Provide a maximum 75 percent impervious, per drainage basin, at maximum build-out.