Impact
WARD: 4
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Zoning Request Z14-009 - Approval of a zoning amendment to modify the currently approved site plan and building elevations - 1.38 Acre Tract - Land Lots 485 & 486 - 1155 Concord Road - Peacock Partnership, Inc.
Body
ISSUE: Peacok Partnership is requesting a zoning amendment to modify the currently approved site plan and building elevations.
BACKGROUND: The subject property was originally rezoned on May 21, 2007 for a one-story 12,225 sq. ft. retail center by a vote of 6-0 (Zoning Case Z07-011). The property was subsequently approved for a zoning amendment on December 17, 2007 which allowed for modifications to the site plan and building elevations (Zoning Case Z07-027). These modifications resulted in changing the building from a one-story retail building to a two-story building with an increase in square footage from 12,225 sq. ft. to 14,583 sq. ft. The zoning amendment carried over the 31 original zoning stipulations from Z07-011. The property was partially developed when the economy crashed in 2008. No work has been done on the property since 2008. The property has been foreclosed on and was purchased by the Smyrna Downtown Development Authority in March 2012.
RECOMMENDATION/REQUESTED ACTION: Community Development recommends approval of the proposed zoning amendment with the following conditions of approval drawn from rezoning case Z07-027 (All changes and modifications are highlighted in yellow):
Standard Conditions (items 1, 2, 3, 4, 8, 9, 10, 16 and 17 from Section 1201 of the Zoning Ordinance are not applicable)
1. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. Any retention pond shall be placed and screened appropriately to be unobtrusive to homes adjacent to the development.
2. All utilities within the development shall be underground.
3. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk.
4. No debris may be buried on the subject parcel.
5. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting".
6. The developer will comply with the city's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction.
7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development.
8. All common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
9. The development shall maintain the following setbacks:
Front - 12'
Street Side - 12'
Interior Side - 5'
Rear - 12'
Adjoining Residential Property - 50'
10. The right-of-way along Dunton Street and Dell Avenue shall be increased to 50 feet to match other residential road right-of-ways. Therefore, a dedication of 5 feet is required for Dell Avenue and a dedication of 10' 6' is required for Dunton Street. Setbacks shall be measured from the new right-of-way.
11. The developer shall dedicate the required right-of-way along Concord Road for the completion of the Concord Road Project. The developer shall remain in contact with Community Development for the dedication which shall be based upon the final design of the project.
12. The developer shall improve Dunton Street by widening the street by 4' 8".
13. The developer shall dedicate a sidewalk easement along Concord Road for the proposed 10' multi-use trail.
14. There shall be no bells, whistles, or outdoor loud speakers permitted on site in conjunction with the retail center.
15. Any proposed dumpsters shall be surrounded by a three-sided brick or stucco enclosure with an opaque gate in the front. The lid of the dumpster shall be made of rubber.
16. Any utility boxes, HVAC components, or accessory components to the commercial building shall be screened from the public right-of-ways and adjoining property owners.
17. The developer shall install and maintain a 10' wide evergreen buffer consisting of 8' to 10' trees installed in a staggered manner on 5' centers along the western property line that adjoin single-family residences.
18. The developer shall install and maintain an evergreen landscape buffer along Concord Road in front of the plaza. The trees within this buffer shall meet a mature maximum height of 8' to 10'.
19. The developer shall install a 6' tall opaque fence along the western property line that adjoins single-family residences.
20. Deliveries and trash pick-up shall only be permitted between the hours of 7:00 a.m. and 9:00 p.m.
21. The developer shall install directional sign that directs all delivery trucks to Concord Road.
22. The parking lot shall provide landscape islands after every tenth parking space the design of which must be approved by the City of Smyrna. A landscape strip shall also be provided between all head-to-head parking spaces.
23. The structure shall have a sloped roof of at least 6/12 pitch. Deviations may be approved by the Director of Community Development.
24. The commercial building shall have entry doors along Concord Road.
25. The following uses shall be prohibited in the proposed shopping center:
· Automotive sales/repair
· Automobile wash service
· Boarding and breeding kennels
· Dry cleaning plants
· Adult Novelty Stores & Adult Entertainment
· Pawnshops
· Check Cashing Stores
· Pool Hall or Arcade
· Service stations
· Coin Operated Laundry
· Composting Facility
· Funeral Homes
· Group Homes
· Shelter for the Homeless
· Tattoo Parlor
26. Approval of the proposed amendments shall be conditioned upon the development of the property in substantial compliance with the submitted site plan titled "Smyrna Heights Pavilion" and submitted 4/11/2014.
27. The applicant shall be bound to the building material and architectural features illustrated on the elevations titled "Smyrna Heights Pavilion and submitted 4/11/2014. If there is any change to the elevations it must be approved by the Director of Community Development. The need to provide a pitch roof as referenced in stipulation #22 must still be met.
28. The developer shall add an additional driving lane going south on Dunton Street from the proposed project entrance to the intersection with Concord Road. This road widening shall be done in addition to the required widening previously stipulated. This additional lane shall be used to separate southbound traffic on Dunton Street by providing one dedicated left turn lane for traffic wishing to go east on Concord Road and another straight/right turn lane for traffic traveling south on King Springs Road or west on Concord Road.
29. The developer shall provide a cross parking agreement for the Laurel Commons I development.
30. No live music or bands shall be permitted on-site.
31. The developer shall provide 4" caliper trees in the landscape buffer along Dell Avenue.