title
Special Use Approval: Dion Sevener
3659 Forest Hill Road
Small Graphics Business Home Occupation
body
Prepared By: Community Development
Recommendation: Approval with conditions:
1. The use is limited to no more that 5 customers per day.
2. Incoming vehicles shall at all times be parked off-street within the confines of the residential driveway or other on-site permitted parking.
3. The use of machinery or equipment that emit sound that is detectable at any property line shall be excluded.
4. Hours of visitation shall be limited to 9am- 8pm, Monday - Friday.
5. No signage is approved by this request.
6. Special Use is limited to Dion Sevener for a graphics business, any other use or ownership will require a new special use approval.
Background: The subject property is located at 3659 Forest Hill Road. The property is zoned R-20. The R-20 zoning district is intended to implement the “suburban residential” future development areas established by the comprehensive plan. The R-20 zoning district is also intended to implement the “low density residential” future land use category established by the comprehensive plan. This zoning district is intended to establish and protect existing neighborhoods comprised primarily of detached, single-family dwellings at densities not exceeding 2.17 dwelling units per acre in accordance with Sec. 2-12 of the Unified Development Code (UDC). The property is surrounded by residential (R-15 and R-20) Zoning Districts located in the city. A small graphics business falls under the business service establishment definition under Article 3 “Use Definitions” of the City of Powder Springs UDC , and can be defined as “A business activity engaged in support functions to establishments operating for a profit on a fee or contract basis, including but not limited to: advertising agencies, photocopying, blueprinting and duplication services, mailing agencies, commercial art and graphic design; personnel supply services and employment agencies, computer and data processing services, detective, protective, and security system services, accounting, auditing, and bookkeeping services, messenger services and couriers, publications and business consulting firms, and food catering”.
Home occupations are regulated by Sec. 4-170 of the UDC. Section (e) Visitations. Restricts visits by clients or patrons permitted in conjunction with a home occupation except when exceptions are made for purposes of meeting overriding public goals of education and the care of children: instruction in music, dance, arts and crafts, and similar subjects, limited to two students at one time; and a family day care home, as defined by the UDC. Since the proposed home occupation (small graphics business) does not fulfill the overall public goals of education and care of children exceptions, the applicant is seeking special use approval to allow visitations. In their current location downtown Atlanta, they have up to 3 customers per day.
In November of 2017, Dion Sevener filed an application for Special Use approval to allow a small graphics business home occupation to conduct business at 3659 Forest Hill Road.
Fiscal Impact: The subject property is located along Forest Hill Road and Buck Road surrounded by Residential zoning districts. The existing water and sewer services will not require any additional services to serve the proposed use. An increase in traffic flow to and from the site is not highly anticipated by this application. Visitations will be limited to 2 or 3 customers per week.
Analysis:
The proposed business complies with all of the home occupation requirements established by Sec. 4-170 of the Unified Development Code, except for Visitations. Since the visitation will be limited to 2 or 3 customers per week, and no externalities or nuisances is anticipated, staff recommends approval with stipulations.
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 R-20. The R-20 zoning district is intended to implement the “suburban residential” future development areas established by the comprehensive plan. The R-20 zoning district is established to protect existing neighborhoods comprised primarily of detached, single-family dwellings at densities not exceeding 2.17 dwelling units per acre in accordance with Sec. 2-12 of the Unified Development Code (UDC). Home occupations is a permitted use under an R-20 zoning district (Table 2-1 of the UDC), and the special use approval is consistent with the requirements of home occupations as established by Sec. 4-170 of the UDC. By limiting the number of visitors and limiting the hours of operation, this use may be consistent with the proposed zoning district.
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 surrounding properties are all residential establishments, and thus, a small graphics business home occupation would not impede the normal and orderly development of the surrounding property for uses predominated in the area.
c. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?
The location and character of the proposed special use is consistent with a desirable pattern of development in general for the City of Powder Springs. The use will be contained entirely within the residential structure and will not alter the outside appearance. As such, it is consistent with the pattern of development in general.
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 Forest Hill Road. Since the vehicles kept on site in association with the home occupation will only be used by residents, and any incoming vehicles related to the home occupation, if any, will be parked off-street within the confines of the residential driveway or other on-site permitted parking at all times; the road is adequate to serve the use as proposed.
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?
Vehicular access to the site is deemed appropriate as a residential dwelling. Direct access is provided from Forest Hill Road.
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. It is anticipated that water and sewer is sufficient. Comments were not provided by Public Works. Cobb County Fire Marshal has one comment regarding the application; If signage is proposed to direct the public to a business at the location, the applicant must submit to our office for a certificate of occupancy.
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?
Adverse effects such as noise, light glare or odor are not anticipated with this special use.
h. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
The hours and manner of operation of the special use is not anticipated to have any adverse effects on other properties in the area. The applicants stated that their business operates within the hours of 9am-5pm.
i. 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 current height, size and location of the existing building is compatible with surrounding neighboring properties as it is a residential dwelling abutting other residential dwelling units. The property location is an existing building, and thus, no new construction, alterations, or additions are anticipated. The applicant will go through a normal home occupation process.
Summary:
It appears that the standards for special use continue to be met, and conditions of approval satisfied. Staff recommends the above stated conditions.
1. The use is limited to no more that 5 customers per day.
2. Incoming vehicles shall at all times be parked off-street within the confines of the residential driveway or other on-site permitted parking.
3. The use of machinery or equipment that emit sound that is detectable at any property line shall be excluded.
4. Hours of visitation shall be limited to 9am- 8pm, Monday - Friday.
5. No signage is approved by this request.
6. Special Use is limited to Dion Sevener for a graphics business, any other use or ownership will require a new special use approval.