powered by Legistar InSite
File #: PZ 19--035    Version: 1
Type: Special Use Status: Passed
File created: 10/9/2019 In control: City Council
On agenda: 10/30/2019 Final action: 1/21/2020
Title: Special Use Application: Special Use application to continue a soil excavation operation on property located at 4818 Hill Road, Powder Springs within the Heavy Industrial (HI) zoning district.
Attachments: 1. Draft Motion 01212020, 2. Special Use Application 4818 Hill Road, 3. Draft Motion, 4. Site Plan Hill Road, 5. 2019 Sample.pdf, 6. Aerial taken Jan 10, 2020, 7. Aerial taken Jan 10, 2020 A, 8. Aerial taken Jan 10, 2020 B, 9. Signed PZ 19-035.pdf

STAFF REPORT

 

Public Hearing Dates

Planning and Zoning Public Hearing: October 28, 2019 - Tabled

Planning and Zoning Public Hearing: November 25, 2019

Mayor and Council Public Hearing: December  2, 2019

 

File #: PZ 19-035

 

APPLICATION: Special Use                         APPLICANT: Saige Enterprises, Inc/Tim McTyre

                     

PETITION:

To consider Special Use application to continue a soil excavation operation on property located at 4818 Hill Road, Powder Springs within the Heavy Industrial (HI) zoning district in Land Lot 899, 19th District, 2nd Section, Cobb County, Georgia.

 

PURPOSE OF THE REQUEST:  The applicant is seeking a renewal to existing soil excavation operation.

 

LOCATION: Land Lot 899, 19th Districts, Powder Springs, Georgia.  

 

Parcel ID#: 19089900010

 

 

 

LOCATION MAP

Background:

 

The subject property is zoned Heavy Industrial (HI).  The property is located at 4818 Hill Road in Land Lot 720.  The subject site is situated on 26 +/- acres; however the permitted use has been limited to 0.5 acre.  The site has three existing structures and is surrounded by Residential (R15C), (R20), and Residential (R30) zoning districts located within both city and county boundaries.

 

The applicant, Mr. McTyre is seeking the sixth renewal of a special use permit to continue operating a business to place excavated material on the site for subsequent de-watering and sale of resulting soil.  His initial request for same use was approved by the Mayor & Council for the timeframes identified in the table below:

 

Analysis:   

Special Use approval requests are reviewed by criteria set forth in Section 11-3 of the Unified Development Code.

 

a.                     Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?

 

The property is currently zoned Heavy Industrial (HI). The HI zoning district is established to provide locations for intensive automobile repair and service, heavy manufacturing, uses involving chemicals, storage of petroleum products, warehousing and storage.  An excavation operation in the LI zoning district requires a Special Use approval. The special use approval has been renewed on several occasions as indicated in the table.

 

      b. Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?

 

The applicant desires to continue to operate the proposed business on the property, approximately 700 feet from Hill Road. The site is wooded except for the large area previously cleared by Mr. McTyre to accommodate this business. The use should not be visible to surrounding property owners, with the exception of trucks entering the property. Staff notes that care must be taken to ensure that silt does not affect adjacent roadways or creek.

 

      c. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

 

 No new construction or clearing is associated with this renewal request.

 

      d. Is or will the type of street providing access to the use be adequate to serve the proposed special use?

 

 Access is provided to the site from Hill Road, which accesses CH James Pkwy. The road is adequate to serve the use as proposed. Truck traffic is not permitted on Brownsville Road.

 

      e. Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

 The property has direct access to Hill Rd.   Vehicular access to the site is deemed appropriate. Access to the property for emergency vehicles is easily achieved via direct connection to Hill Road. The Cobb County Fire Marshal's office has no concerns with this request. 

 

f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?

 

                     The proposed use poses no impact to local schools. Other public services will be adequate to serve the proposed use. Cobb County Fire Marshal's office stated it has no issues with the proposed use. Additional best management practices will be recommended.

 

      g.  Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?

 

 The proposed use does not have any parking or loading areas. The applicant has indicated that the use does not entail the creation of any noise, light, glare, or odor. If care is not taken, runoff and silt may negatively impact the creek or adjacent roadways.

 

h. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

 

 The hours of operation shall be limited to 9AM - 9PM as conditioned. 

 

                      i.  Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

 

The special use will not occur within a building or structure.

 

Fiscal Impact:

The request has not impacted service delivery or public infrastructure during the last 2 years and does not appear to present an impact to service delivery or public infrastructure with request for renewal.

 

Recommendation: Staff is recommending DENIAL of PZ 19-35 for the following reasons:

1.                     Operation appears to extend beyond the approve limits of 0.5 acres.

2.                     Retrofit and filter ring not installed (sediment filter)

3.                     Mud extends beyond the pond limits

4.                     Soil testing documentation required twice a year has not been provided as outlined in the approved stipulations. Update:2019 soil report dated 11/1/2019 was provided

5.                     Location of structure within pond

6.                     Silt fence needs to be repaired in multiple areas

 

 

 

 

 

If recommended for approval the following stipulations are provided below:

1.                     The stipulations and conditions set forth herein shall replace and supersede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter of the above-captioned Application for Special Use approval. The special use approval is to allow for the continuation of dirt excavation of only a portion of property located at 4818 Hill Road.

 

2.                     That all payments per the approved payment agreement for delinquent taxes continue to be paid as agreed.

 

3.                     Dumping is limited to Southern Hydrovac (or similar contractor) trucks and dirt only. Prior to new contractor(s) using the property, copy of business license must be provided to the Community Development Department.

 

4.                     Applicant provide proof of compliance with NPDES Industrial Storm Water General Permits. Proof of submittal to EPD must be provided by 12/31/2019.

 

5.                     Operation appears to extend beyond the approved limits. Please provide an updated LDP for review within two (2) months after approval.

 

6.                     No hazardous waste, including but not limited to dirt contaminated by sewer, may be placed at this location.

 

7.                     Owner and applicant may not expand the area, which is limited in size to 0.5 acre.

 

8.                     No encroachment into the stream buffer is permitted.

 

9.                     The use shall be limited to the hours of 9 AM to 9 PM

 

10.                     Use by Southern Hydrovac (or other similar contractor) may occur during off hours when they are responding to an emergency call.

 

11.                     Truck traffic is not permitted on Brownsville Road at any time.

 

12.                     The special use shall expire in 1 year.

 

13.                     A soil test and water sampling upstream and downstream shall be submitted two times each year - by June 1 and December 1.  The tests are prerequisites to issuance of a business license.

 

14.                     The applicant and owner shall comply with all federal, state and local water quality control, erosion and sediment control, floodplain, wetland, solid waste, environmental and other regulations applicable to the dumping, landfilling, stockpiling, removal or movement of dirt or hydraulic excavation byproduct, or other materials upon the subject property.

 

15.                     That the property meet the requirements of the approved site plan.

 

16.                     That the applicant schedule quarterly inspections with the City of Powder Springs to ensure continued compliance. Deadlines for quarterly inspections are October 31, December 31, March 30 and June 30.