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Saige Enterprises/ Tim McTyre
Special Use Approval - Renewal for Placement of Excavated Material at
4818 Hill Road, Land Lot 720
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Prepared By: Community Development
Recommendation: Based on the analysis of this application, using the standards and criteria found in Section 13-38 of the UDC, staff recommends the following approval with conditions attached on Exhibit A attachment:
1. All previously approved stipulations remain in full force and effect, except as modified herein.
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 12/31/17.
5. No hazardous waste, including but not limited to dirt contaminated by sewer, may be placed at this location.
6. Owner and applicant may not expand the area, which is limited in size to 0.5 acre.
7. No encroachment into the stream buffer is permitted.
8. The use shall be limited to the hours of 9 AM to 9 PM
9. Use by Southern Hydrovac (or other similar contractor) may occur during off hours when they are responding to an emergency call.
10. Truck traffic is not permitted on Brownsville Road at any time.
11. The special use shall expire in 1 year.
12. A soil test shall be submitted two times each year - by June 1 and December 1. The tests are prerequisites to issuance of a business license. .
13. 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.
14. That the property meet the requirements of the approved site plan.
15. 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.
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 a third 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 in 2014. He also received subsequent approvals with zoning stipulations in both 2015 and 2016 by the Mayor & Council.
The most recently approved stipulations can be found below. Underline indicates additional information regarding compliance with previously approved stipulations.
1) All previously approved stipulations remain in full force and effect, except as modified herein.
2) That all delinquent taxes due to the City be paid in full by 12/31/16.
For reference - 9/21/15 approval
1. Dumping is limited to Southern Hydrovac (or similar contractor) trucks and dirt only.
2. No hazardous waste, including but not limited to dirt contaminated by sewer, may be placed at this location.
3. Owner and applicant may not expand the area, which is limited in size to 0.5 acre.
4. No encroachment into the stream buffer is permitted.
5. The use shall be limited to the hours of 9 AM to 9 PM
6. Use by Southern Hydrovac may occur during off hours when they are responding to an emergency call.
7. Truck traffic is not permitted on Brownsville Road at any time.
8. The special use shall expire in 1 year.
9. A soil test shall be submitted two times each year - by June 1 and December 1. The tests are prerequisites to issuance of a business license. . Staff Notes that application for Special Use renewal was received on September 17, 2017.
10. 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. Staff Notes that soil tests were received in February 2017 and April 2017.
11. Continued and regular maintenance of the construction entrance and exit, silt fence, and all check dams.
12. That the property meet the requirements of the approved site plan. Staff notes that these areas have been maintained and the current site conditions do reflect that shown on the approved land disturbance plans.
13. 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.
14. That the ditch that runs parallel to the road be cleaned out and the rock check dams installed and maintained per the manual for erosion and sediment control in Georgia.
15. That the applicant enter into a repayment agreement with the City of Powder Spring to ensure payment of City taxes, subject to bankruptcy regulations.
Staff notes that all of the previous approved conditions /observations noted in the 2014 applications and subsequent analysis continue to apply to the consideration of this application.
It is staff’s observation that the conditions approved as part of the original 2014 application and subsequent approvals in 2015 and 2016 have provided adequate protections for surrounding residential properties and will continue to do so if renewed by Mayor & Council.
Staff notes that during past renewal applications submittal, the subject site was found to be in violations of the approved land disturbance and soil and erosion control standards. Therefore to bring the site into compliance, the following requirements were enforced by the City:
• Maintenance of the construction entrance and exist,
• Maintenance of the silt fence,
• Maintenance of the existing check dam,
• An additional check dam be installed so that both sides of the access road have check dams, and the placement of hay bales at the lowest point along the silt fence at the bottom of the muck pond and continue to wash down trucks before leaving the site.
The City’s Site Inspector conducted site visits on the subject property and found the site to be in compliance with state soil and erosion control standards and that the slopes appeared to be stabilized with vegetation. However, because Mr. McTyre is operating as a business, under a business license with the City of Powder Springs, it is reviewed through the state’s MS4 permit. All businesses operating within our jurisdiction have to be classified with an SIC code for permitting and inspection purposes. The state classifies the dewatering site as a possible “Industrial” activity. Industrial activities operating within the State of Georgia are required to be permitted through the National Pollutant Discharge Elimination System. The City of Powder Springs has no authority to enforce Industrial permitting processes; however, It is the City’s responsibility to inspect these facilities that are classified as Industrial. The facility will need to submit a Notice of Intent to operate under the Industrial Permit with the State of Georgia, or the facility can claim exemption from this permit if they can accurately complete a Non Exposure Exemption form stating that the facility has no exposure to stormwater discharging into the waters of the State of Georgia.
Therefore, staff recommends approval of the special use based on the site remaining in compliance with the approved land disturbance plan and soil and erosion control BMPs and meeting all conditions outlined in this staff report.
Fiscal Impact:
The special use approval will permit placement of excavated material for de-watering and sale of resulting soil will occur on the site. The use also will allow commercial trucks through an otherwise residential area. However, staff notes that commercial trucks would be using the road for other uses allowed in the Heavy Industrial (HI) zoning district. 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.
Analysis:
Section 13-38 of the UDC establishes criteria to be considered for decisions of special use applications. The following written analysis compares the proposed action with the criteria in this section. The planning commission and the governing body take into consideration these standards in making a recommendation and decision, respectively, on a special use application.
Criteria (a). Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?
Response: 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 uses, equipment yards, and railroad yards. Uses that generate waste or pollution are subject to state permitting and demonstration of compliance therewith.
Therefore, in the HI zoning district the use is permitted with a special use approval.
Criteria (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?
Response: The property is surrounded by R20 and R30 properties located in the county and R30, R20 and R15 cluster properties located in the city. Generally speaking, the site is heavily wooded except for a large area previously cleared by Mr. McTyre to conduct this type of business. The use is not visible to the surrounding property owners, with the exception of industrial trucks entering and exiting the property. Because of the HI zoning, commercial vehicles would be permitted at the subject site.
The applicant, Mr. Tim McTyre desires to continue operating his business on the property, approximately 700 feet from Hill Road. Staff notes that care must be taken to ensure that silt does not affect adjacent roadways or creeks.
Criteria (c). Is the location and character of the proposed special use consistent with a desirable pattern of development in general?
Response: No new construction or clearing is associated with this renewal request.
Criteria (d). Is or will the type of street providing access to the use be adequate to serve the proposed special use?
Response: Access is provided to the site from Hill Road, which accesses CH James Pkwy. According to the City’s UDC, Hill Road is classified as a collector’s roadway. The road is adequate to serve the use as performed. However, truck traffic is not permitted on Brownsville Road.
Criteria (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?
Response: The property has direct access to Hill Road, a collector’s roadway. 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.
Criteria (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?
Response: 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. Public works does not have concerns with utilities for this request; its concerns relate to land disturbance, soil erosion and stream impacts. As noted above additional best management practices are recommended.
Criteria (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?
Response: The permitted use does not have any parking or loading areas. The use does not entail the creation of any noise, light, glare, or odor. Large amounts of dirt are brought onto the property. Erosion Sedimentation & Pollutants Control standards are in place so that runoff and silt does not negatively impact the creek or adjacent roadways.
Criteria (h). Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
Response: The hours of operation shall be limited to 9AM - 9PM.
Criteria (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?
Response: The special use will not occur within a building or structure.
Summary:
Mr. Mctyre has submitted an application for special use renewal that would allow him to continue operating a business that places excavated material on his property for de-watering and sale of resulting soil. No major violations were observed during recent site inspections. If conditions are strictly followed, the standards for special use may be met. Therefore, staff recommends approval of the special use renewal.
Attachments:
Special use application and previous approved City Council meeting minutes.