Title
Special Use Approval PZ 18-002 Saul Rodriguez, Rid Property Services, Inc.
4060 Austell Powder Springs Road
Powder Springs, GA 30127
Outdoor Storage
Body
Prepared By: Community Development
Recommendation: Staff recommends denial of the special use. If approval is considered, staff recommends approval with a number of stipulations, or recommends the application be tabled to allow more time for additional details to be provided. .
Background: Petition for Special Use approval for outdoor storage. The subject property is located at 4060 Austell Powder Springs Road, Land Lot 946 of the 19th District, 2nd Section, Cobb County, GA. The property is zoned Community Retail Commercial (CRC) and is 0.56 acres. The CRC zoning district is intended to implement the “community activity center” future development established by the comprehensive plan. This zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network. Higher density residential uses in certain locations may be permitted in accordance with Sec. 2-24. of the Unified Development Code (UDC). The property is surrounded by CRC and Residential (R-15) Zoning Districts located in the city. Outdoor mulch storage bins are considered outdoor storage (unrelated to open air business) and is only permitted in the CRC zoning district with Special Use approval in accordance with Table 2-3 of the UDC. Furthermore, the outdoor storage needs to adhere to Sec. 4-230 of the UDC.
Sec. 4-230. Outdoor Display and Storage.
a) Outdoor Display. Merchandise or goods sold at retail may be displayed outside a building or structure on the premises of a permitted commercial establishment, subject to the following limitations:
1. Location. Merchandise or goods on display outdoors must be located within 20 feet of the front wall of the principal building and shall be no closer than 20 feet to any property line. Properties in the CBD zoning district may have outdoor display locations closer than 20 feet to the right-of-way if approved by Mayor and City Council via architectural design approval (see Sec. 5-15 of this development code).
2. Area limit. The total square footage of outdoor area devoted to outdoor display space shall not exceed two square feet for every linear foot of principal building frontage. If there is more than one principal building, only the building closest to the street right-of-way shall be included for purposes of computing allowable outdoor display space.
3. New and used car dealers (where permitted). Motorized vehicles that are in good running condition free from exterior damage or substantial wear may be displayed but this permission shall not include storage of customer vehicles associated with automobile repair operations.
4. Specified materials. Garden and lawn power equipment, including utility vehicles (where permitted) and similar items may be displayed if the display area does not exceed 540 square feet in area. Materials such as lumber, patio pavers and decorative stone; yard furniture such as benches, swings and bird baths; and yard maintenance materials such as fertilizer, mulch, straw and seed must be maintained in side or rear yard and not visible from the public right of way.
5. Temporary sales promotions. All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed 2 weeks, and shall not occur more often than 3 times per year.
b) Outdoor Storage.
1. The outdoor storage of goods, material, merchandise or vehicles not otherwise on display for customer selection or direct sale or lease to customers in any of the office/commercial zoning districts is prohibited, except in the CRC zoning district.
2. In the CRC zoning district, outdoor storage must be located in the rear yard, and the outdoor storage area must be screened from view by an opaque fence or free-standing wall no less than 8 feet in height, a special use permit shall be required.
3. For automotive repair uses (where permitted), no vehicle shall remain on premises for a period exceeding five days unless parts have been ordered, in time not to exceed 30 days. The total number of vehicles on the premises waiting for parts shall not exceed two vehicles per service bay at any time. No junk vehicles shall be permitted on the premises at any time.
4. In industrial zoning districts, any storage use operated as a principal use or accessory use on a property shall be contained entirely within a building or shall be screened from view by an opaque fence or free-standing wall no less than 8 feet in height. Equipment operated by the principal use may be stored in an industrial district under a semi-permanent awning structure in a side or rear yard subject to the approval of the community development director.
5. In industrial districts, no more than 6 tractor trailers and no more than 6 construction dumpsters shall be permitted, and such storage requires a minimum lot size of 10 acres.
On January 19th, 2018, Saul Rodriguez filed an application for Special Use approval to allow three 15 x 30 outdoor storage area bins made out of concrete blocks for red, brown and black mulch. The mulch bins would be placed over a concrete slab that would be paved at the time of installation. Mr. Rodriguez’s vision is to sell the mulch in bulk to local competitors and vendors by having truck loads arrive at the property and supply new mulch. The mulch would be visible from the road. No trees will be removed, and mulch sales would be advertised from the existing signage located at the front of the property.
Fiscal Impact: The subject property is located along Austell Powder Springs Road surrounded by CRC and R-15 zoning districts. The existing water and sewer services will not require any additional services to serve the proposed use; however, the applicant shall be required to control storm water runoff from the mulch. An increase in traffic flow to and from the site is anticipated by this application for commercial truck deliveries of the mulch.
Analysis:
Rid Property Services, Inc. sells mulch and pine straw in bulk to landscapers and public. The company will also deliver and install for clients. The office has adequate parking areas and turn around area for the outdoor storage. The clear zone or throat length is over 50 ft. (approx. 200 ft.) in accordance with Sec. 5-40 of the UDC. This will be an added division and service to Rid Property Services, Inc.
Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?
The subject property is located at 4060 Austell Powder Springs Road, Land Lot 946 of the 19th District, 2nd Section, Cobb County, GA. The .56 acre property is improved with a previously zoned and used residential structure, which has been converted to commercial use and zoned Community Retail Commercial (CRC). The CRC zoning district is intended to implement the “community activity center” future development established by the comprehensive plan. This zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically, if not exclusively, designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network. The property is surrounded by CRC and Residential (R-15) Zoning Districts located in the city. The proposed storage bins result in outdoor storage, which is only permitted in the CRC zoning district with Special Use approval in accordance with Table 2-3 of the UDC. Outdoor storage of mulch bins is appropriate in the LI and HI zoning districts. If mitigated with screening and buffers, it may be appropriate in certain CRC situations. It may be inappropriate on this property in this corridor. This corridor was identified by the City’s Livable Centers Initiative Plan as a corridor needing improvement and identified as a priority project by the Comprehensive Plan. Therefore sensitivity to design features and uses permitted along this corridor is essential to fulfil the goals and policies of this plan.
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 residential as well as commercial establishments also zoned CRC. The corridor is designed to be more retail and/or office in nature. Expanding it current services to include bulk sales of mulch create a more industrial character on the property, which would appear to impede the normal and orderly development of the surrounding properties for uses predominate in the area. If the placement of three 15 x 30 outdoor storage bins for storing red, brown and black mulch is to the north of the property and out of view of the roadway, providing a measure of screening, the use may avoid impacting normal and orderly development of the corridor.
Is the location and character of the proposed special use consistent with a desirable pattern of development in general?
In addition to screening, if other stipulations are established, the location and character of the proposed special use could be consistent with a desirable pattern of development in general for the City of Powder Springs. The City’s comprehensive plan identified Austell Powder Springs Road as a priority project. This corridor is recommended to undergo additional studies to examine appropriate transportation improvements and land use changes. Increasing truck traffic on this road without consideration of the long term impacts may be detrimental to this corridor. At this time, staff has insufficient information pertaining to the number and type of trucks that will be delivering and removing the merchandise.
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 Austell Powder Springs Road. The clear zone or throat length is over 50 ft. (approx. 200 ft.) in accordance with Sec. 5-40 of the UDC, and the road is a commercial corridor. However, without additional information about the number and type of trucks serving and accessing this property, it is unknown whether the road is adequate to serve the use as proposed. Additionally, introducing an industrial type of truck traffic may damage roadways or cause additional litter or debris. As noted, the corridor has been identified as a priority project from the Comprehensive Plan.
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?
Direct access is provided from Austell Powder Springs Road. The clear zone or throat length is over 50 ft. (approx. 200 ft.) in accordance with Sec. 5-40 of the UDC. Modifications to the driveway apron may be required to meet the radii requirements for trucks. Additional information about the types of trucks making deliveries is required.
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. Water and sewer utilities, and police or fire protection will be adequate to serve the special use. Additional information is required to ensure no impact to the city’s stormwater system.
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. Mulch may have an odor, but it is usually neither particularly strong nor unpleasant. Mulch that is beneficial for plants is usually marked by the trademark smell of freshly cut wood or fresh compost. Since the mulch will be kept on site, and screened by an opaque fence during non-operating hours it is not anticipated to have negative effects on surrounding properties. Care must be taken to ensure that mulch or pinestraw is not littered on roadways or adjacent areas during transportation, placement or storage.
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. Hours of operation are expected to maintain the same: Monday-Friday 7:00a.m.-9:00p.m. Although not zoned residential, the properties located directly to the west are used residentially. As such, loading or unloading of mulch or pinestraw shall be limited to the hours of 8:00 am - 7:00 pm.
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. However, staff has insufficient information about the height of the storage bin structures to assess compatibility. The property location is an existing building, and no new construction or alterations are anticipated aside from additional paving. The applicant will pave existing open space for the storage bins as shown on the proposed site plan.
Summary and Recommendation:
It cannot be determined whether the standards for special use can be met without additional information. Staff therefore recommends that the application be tabled. If Mayor and Council determine that delaying action is unnecessary, staff recommends the following minimum conditions should the application be approved:
1. Must maintain a minimum of 11 parking spaces on the property with 1 space required to be handicap accessible. The storage and/or mulch bins should not impact the access to parking at any time.
2. Site plan clearly showing location of parking and property lines be provided showing location of storage bins. If additional paving is proposed, paving permit will be applied for and paving area shall consist of asphalt or concrete.
3. Shall incorporate storm water runoff protection measures of the paved area consistent with UDC design standards and regulations, including but not limited to, porous pavements, grass pavers, vegetative swales and bio retention measures where applicable. Approval regarding stormwater is required from the Community Development Director prior to installation or addition of mulch storage. Roofing may be required.
4. Mulch shall not be visible to the public and shall be screened by an opaque fence located behind the building (north side of the property). Fence must meet be a durable material permitted by the UDC, and tarp must be removed.
5. Minimum driveway apron radius shall be 15 feet to allow trucks to deliver mulch in bulk amounts in accordance with Table 6-2 of the UDC for Commercial establishments.
6. Approval of outdoor storage for 3 mulch bins shall not comprise approval of any other storage areas.
7. Outdoor storage shall adhere to Sec. 4-230 of the UDC.
8. Special Use shall expire in one year, at that time applicant shall reapply for special use approval.
9. No tree removal is approved by this application; a separate tree removal application is required.
10. The undisturbed buffer shall be maintained and no parking or storage on an unimproved surface is permitted.
11. Trailer shall be removed from the property immediately.
12. Loading and unloading of mulch or pine straw shall be limited to the hours of 8:00am - 7:00 pm.
13. Delivery trucks shall have mulch completely covered to contain the mulch and prevent litter on roadway.
14. Placement, type, style and color of storage bins require approval by the Community Development Director.