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Rezoning - Shamrock Building Systems
Change in stipulations of Approval
Richard D. Sailors Pkwy, LL 800 & 829
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PETITION: The applicant, Shamrock Building Systems is initiating a Rezoning - Community Retail Commercial (CRC) Conditional to Community Retail Commercial (CRC) Conditional -Change in stipulations of approval for Land Lots 800 & 829, 19th Districts, Powder Springs, Georgia.
Application of Shamrock Building Systems, to rezone approximately 7.73 acres tract from CRC Conditional to CRC Conditional. This change in zoning conditions only applies to parcel 19082900100.
Recommendation:
Approval with Conditions:
(Conditions requested by the applicant), underline and strike through by staff.
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 applications.
2. The architectural style, composition and design of the proposed buildings shall be in substantial conformity to architectural renderings/elevations which are in the process of being finalized and which will be submitted under separate cover. dated June 19, 2018. Said renderings/elevations shall depict exterior materials on all four (4) sides of the buildings consisting primarily of brick, stone, EFIS and other cementitious-type components approved by the Community Development Director.
3. The rezoning of the subject property shall be from Conditional CRC to Conditional CRC for the purposes of the development of a Climate Control Self-Service Storage Facility (CCSSSF) which includes a request for a Special Use Permit (“SUP”) for the development of a Hotel in substantial conformity to the Revised Site Plan prepared by Paradigm Engineering Services, Inc., which is being submitted concurrently herewith and is dated May 24, 2018.
4. The hours of operation for the CCSSSF offices shall be from 8:00 a.m. until 7:00 p.m. (Monday-Saturday) and from 1:00 p.m. until 6:00 p.m. on Sundays. There shall be no access to the proposed building from midnight until 6:00 a.m. Access to the CCSSSF building shall be facilitated with entry being via keycards and/or punch code pads. Activity within strategic locations throughout the facility shall be monitored by meaningfully positioned video security systems. The proposed Hotel building shall provide access after the customary check-in process by way of keycard entry.
5. Utilization of low-intensity, environmental-type lighting which shall be subject to review and approval by staff. All exterior lighting shall be shielded and direct illumination shall be confined within the perimeter of the subject property. During the Plan Review Process, Shamrock shall submit a specific Photometric Plan which will also reflect (to the extent security is not compromised) the positioning and specifics regarding security protocols.
6. The positioning of stormwater management, detention and water quality are in place and were previously constructed on the subject property. Shamrock’s Civil Engineers are presently studying the configuration of detention and have preliminarily concluded that stormwater/detention components have been built in accordance with calculations which take into consideration the amount of proposed impervious surfaces as the result of the construction of both the CCSSSF and the Hotel. Updated Hydrology study must be provided during Plan review process to confirm site meets current regulations.
7. Compliance with recommendations from the Cobb County Fire Department regarding Life-Safety and Fire Prevention Issues, including the following:
a. Compliance with regulations requiring a minimum of 150’ “hose pull” concerning fire protection and fire suppression for the proposed buildings.
b. The installation of automatic sprinkler systems within the buildings.
c. Compliance with International Fire Code (“IFC”) Section 510 regarding Emergency Notification to accommodate public safety and life safety regulations.
8. Compliance with the City’s Engineering and Public Works Staff regarding traffic and transportation issues to the extent not in conflict with existing publicly recorded documentation to the contrary.
9. The submission of a Landscape Plan during the Plan Review Process which shall be subject to final review and approval by the City’s Arborist staff. Additionally, existing planted buffer will be maintained within 30 days of this approval.
10. Signage for the proposed development (including the CCSSSF and the Hotel), shall include ground-based, monument style signage located on or adjacent to the subject property’s frontage on Sailors Parkway or at such other locations as may be determined during the Plan Review Process and consist of building identification signage. The ground-based signage shall be incorporated into the Landscape Plan, lighted in accordance with City requirements and irrigated as such landscaping requires. This signage shall include shared signage space for the tenants located in the retail space located directly to the south of the site.
11. The commencement of development regarding the subject property shall occur within one (1) year from the date of approval of the Applications by the Mayor and City Council or, in the absence thereof, Shamrock and/or its successors in interest (if any) shall be required to submit applications requesting the issuance of a new Land Disturbance Permit.
12. The hotel, subject of this application, shall have entry to individual guest rooms through a central lobby and have stays limited to less than 15 days.
Background:
The subject property is located along Richard D Sailors Parkway consisting of 7.73 acres. The rezoning would allow for a 3-story climate controlled self-service storage facility with basement on 4.18 acres (Tract 1), and the remaining 3.55 acres will facilitate a 4-story hotel consisting of approximately 101 rooms (Tract 2). The subject site is surrounded by various zoning districts and uses. Located to the east of the site is the CRC zoning district (Home Depot); Single-family Residential (R-15) to the west (mobile home park); Single-family Residential (R-20)) to the north (single-family residences); and CRC (strip mall) and Single-family Residential (R-15) to the south of the subject site (single-family residences).
The subject site is currently zoned Community Retail Commercial (CRC). The CRC Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market. The CRC district is designated on properties with access to major arterial streets and at intersections or arterial streets with other major street, where development nodes can be supported by the regional transportation network.
The subject property was rezoned on May 15, 2006 from Low Rise Office (LRO) and CRC to Neighborhood Retail Commercial (NRC) with adopted conditions (See Exhibit 4: City Council Minutes, May 3, 2006). The main purpose of the rezoning was to facilitate a retail development. The property was later rezoned from NRC to CRC on July 21, 2008 (PZ-08-039), in which the previous zoning conditions adopted on May 15, 2006 (See Exhibit 5: City Council Minutes, July 21, 2008) were carried forward. The rezoning to CRC was to facilitate a movie theater serving alcoholic beverages, a wine and spirit store, karate studio and a learning center. In addition to the adopted stipulations several uses were prohibited or required a Special Use permit (See Exhibit 5: City Council Minutes, July 21, 2008). Based on the approved conditions hotel/motel, mini-warehouses and self-storage units were not permitted in the CRC district. Therefore, the proposed rezoning request from CRC conditional to CRC conditional is to adopt new conditions that will allow for a hotel and a climate control self-service storage facility. The applicant has concurrently submitted a Special Use Permit to allow for a Climate Control Self-Storage Facility in the CRC district as required by the Permitted and Special Use Table (Table 2-3).
In response to the original zoning conditions, the applicant’s proposed zoning conditions are as follows:
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 Applications.
2. The architectural style, composition and design of the proposed buildings shall be in substantial conformity to architectural renderings/elevations which are in the process of being finalized and which will be submitted under separate cover. Said renderings/elevations shall depict exterior materials on all four (4) sides of the buildings consisting primarily of brick, stone, EFIS and other cementitious-type components.
3. The rezoning of the subject property shall be from Conditional CRC to Conditional CRC for the purposes of the development of a CCSSSF which includes a request for a Special Use Permit (“SUP”) for the development of a Hotel in substantial conformity to the Revised Site Plan prepared by Paradigm Engineering Services, Inc., which is being submitted concurrently herewith.
4. The hours of operation for the CCSSSF offices shall be from 8:00 a.m. until 7:00 p.m. (Monday-Saturday) and from 1:00 p.m. until 6:00 p.m. on Sundays. There shall be no access to the proposed building from midnight until 6:00 a.m. Access to the CCSSSF building shall be facilitated with entry being via keycards and/or punch code pads. Activity within strategic locations throughout the facility shall be monitored by meaningfully positioned video security systems. The proposed Hotel building shall provide access after the customary check-in process by way of keycard entry.
5. Utilization of low-intensity, environmental-type lighting which shall be subject to review and approval by staff. All exterior lighting shall be shielded and direct illumination shall be confined within the perimeter of the subject property. During the Plan Review Process, Shamrock shall submit a specific Photometric Plan which will also reflect (to the extent security is not compromised) the positioning and specifics regarding security protocols.
6. The positioning of stormwater management, detention and water quality are in place and were previously constructed on the subject property. Shamrock’s Civil Engineers are presently studying the configuration of detention and have preliminarily concluded that stormwater/detention components have been built in accordance with calculations which take into consideration the amount of proposed impervious surfaces as the result of the construction of both the CCSSSF and the Hotel.
7. Compliance with recommendations from the Cobb County Fire Department regarding Life-Safety and Fire Prevention Issues, including the following:
a. Compliance with regulations requiring a minimum of 150’ “hose pull” concerning fire protection and fire suppression for the proposed buildings.
b. The installation of automatic sprinkler systems within the buildings.
c. Compliance with International Fire Code (“IFC”) Section 510 regarding Emergency Notification to accommodate public safety and life safety regulations.
8. Compliance with the City’s Engineering and Public Works Staff regarding traffic and transportation issues to the extent not in conflict with existing publicly recorded documentation to the contrary.
9. The submission of a Landscape Plan during the Plan Review Process which shall be subject to final review and approval by the City’s Arborist.
10. Signage for the proposed development (including the CCSSSF and the Hotel), shall include ground-based, monument style signage located on or adjacent to the subject property’s frontage on Sailors Parkway or at such other locations as may be determined during the Plan Review Process and consist of building identification signage. The ground-based signage shall be incorporated into the Landscape Plan, lighted in accordance with City requirements and irrigated as such landscaping requires.
11. The commencement of development regarding the subject property shall occur within one (1) year from the date of approval of the Applications by the Mayor and City Council or, in the absence thereof, Shamrock and/or its successors in interest (if any) shall be required to submit applications requesting the issuance of a new Land Disturbance Permit.
12. Shamrock intends to construct an opaque fence approximately six feet (6’) in height in order to screen activity behind the existing shopping center which fronts on Sailors Parkway in order to enhance aesthetics for both the CCSSSF and the Hotel.
13. The Community Development Director shall have the authority to approve minor modifications to the site plan, the architecture and these stipulations/conditions during the Plan Review Process and thereafter as long as said minor modifications are in substantial conformity to the intent of these Applications.
Analysis
The application should be reviewed against the following standards:
a. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?
The CRC Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The “community activity center” is intended for commercial, office/professional, mixed use office/retail/residential, mixed use townhomes, mixed use condominiums and civic/public/church uses. Climate control self-service storage facility and hotel are both commercial uses and meets the intent of the Comprehensive Plan.
b. Is the proposed use consistent with the stated purpose of the zoning district that is being requested?
The CRC district is to provide for uses that serves a citywide and regional market. Based on the application, the proposed hotel and climate control self-service storage facility will be located within a commercial district and is uniquely positioned to provide services which are needed within the sub-area of the city. The proposed hotel is a permitted use under the CRC zoning district. However, climate control self-service storage facility is not out-rightly permitted and requires a Special Use permit. Though a Special Use permit is required for a climate control self-service storage facility in the CRC district, the proposed use is a less intense use than the previously approved use (movie theater serving alcoholic beverages, a wine and spirit store, karate studio and a learning center). Staff notes however, that although the storage facility may be less intense from a land use prospective, it also may be less of an economic driver regarding number of jobs.
Another component of the CRC zoning district is having access to a major arterial street. The subject site is located along Richard D Sailors Parkway an arterial roadway. Therefore, development of this site is easily accessible and may be supported by surrounded uses.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The subject site is currently designated for commercial purposes. The subject site currently abuts commercial use to the east and south and is compatible to those uses. Though residential activity is located to the north and west of the subject site, there will be adequate separation between these uses based on the site plan submitted. The site plan indicates that there will be approximately 230 feet of separation between the residential activity located to the north and the proposed buildings due to the extensive vegetative buffer and drainage system. Such buffer should reduce the effects of noise, dust and light due to onsite activities. The mobile home park located to the west of the subject site is approximately 60 feet away from the west property line. Also an eight (8) foot opaque fence will be installed along the west property line and will provide additional screening from adjacent lots. In addition, most of the vehicular activity for the hotel and the storage facility will be located central to the site and neighboring residence should not be significantly impacted. In addition to the eight (8) foot fence that will be installed a landscape buffer shall be required along a side or rear that abuts a less intense land use (Section 12-4). This landscape buffer will aid in reducing noise, dust and glare.
d. Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?
The request is considered as being less intense than what was previously approved. The code also has provisions to reduce impacts due to dissimilar uses such as providing a landscape buffer. The existing use and usability by the adjacent or nearby properties will not be adversely affected by the proposed use.
e. Are their substantial reasons why the property cannot or should not be used as currently zoned?
The proposed rezoning will adopt new conditions to facilitate the development of the site. The developers for the previous plans were not able to develop site due to economic downturn. The current developers have done a market analysis and has determine that a hotel and a climate control self-storage facility meets the needs of today’s market and is therefore requesting a rezoning of the property.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?
Based on the information provided in the application, public facilities will be adequate to serve the proposed use. Cobb County Fire Marshall Office, City of Powder Springs Public Works, and other relevant departments will review any future proposed concept plan to ensure public facilities are adequate.
g. Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties?
The proposed use is supported by the Powder Springs/LCI Plan Update of 2016 which encourages that larger “big-box” retail uses are located along this Corridor. The proposed development will provide a mixed-use component to this sub-area of the City.
h. Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?
The previous development approvals and the existing request all falls under commercial use. However, the proposed request will provide a less intense use than the use previously approved. Based on the site plan submitted there will be adequate separation between residential uses, vehicular activity will be centrally located thus reducing the impact of noise and light pollution. The proposed use and site plan design does reflect a reasonable balance between the promotion of public health safety, morality and general welfare and the right to unrestricted use of the subject property.
Fiscal Impact:
There are currently existing services and infrastructure to support the proposed request. Any deficiencies in services or infrastructure will be funded by the developers. The proposed development will provide increased tax income for the City. The proposed request should not have any negative economic impact on the City of Powder Springs as infrastructure and services are already in place to serve the proposed request.
Recommendation:
Staff recommends approval with conditions listed above.
Exhibits Attached:
Exhibit 1: Location of Site
Exhibit 2: Aerial of Site
Exhibit 3: Zoning and Future Land Use
Exhibit 4: City Council Minutes, May 3, 2006
Exhibit 5: City Council Minutes, July 21, 2008
Exhibit 6: Site Plan
Exhibit 7: Conceptual Architectural Composition of Buildings