Impact
WARD: 5
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Zoning Request Z16-017 - Rezoning from NS to GC-Conditional for the construction of a 5,000 sq. ft. commercial building - 0.4 Acres - Land Lot 446 - Belmont Circle - Yorkshire Real Estate Corporation
Body
ISSUE: Yorkshire Real Estate Corporation is requesting a rezoning of subject property from NS to GC-Conditional for the development of a new commercial building on Belmont Circle. The subject property is 0.4 acres in size and is zoned NS. The applicant is proposing to relocate some of the existing businesses (the pharmacy and dentist office) from 969 Windy Hill Road into the proposed commercial building after the acquisition of 969 Windy Hill Road by the City for the Windy Hill Road Improvement Project. The dentist office use is not identified as a permitted use under Section 711 of the Zoning Ordinance. Therefore, a rezoning from NS to GC is required to allow the dentist office as a permitted use.
BACKGROUND: Approved September 12, 2016 by the Planning and Zoning Board by a vote of 5-0. The zoning request was tabled by the Mayor and Council from the October 17, 2016 meeting to the November 21, 2016 meeting by a vote of 7-0 to allow the applicant the opportunity to complete modifications to the building architecture. The zoning request was tabled by the Mayor and Council from the November 21, 2016 meeting to the December 5, 2016 meeting at the request of the applicant by a vote of 5-0.
RECOMMENDATION/REQUESTED ACTION: Community Development recommends approval of the proposed rezoning from NS to GC-Conditional for the development of a new commercial building with the following conditions of approval:
(1) The composition of the commercial buildings in the development shall include a mixture of elements including; but not limited to: brick, stone and stucco. No elevation shall be comprised of 100 percent hardy plank siding.
(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 development and outside the development adjacent to any public right-of-way consistent with city's requirements for the extent of the development.
(4) No debris may be buried on any lot or common area.
(5) 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.
(6) All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect.
(7) All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
(8) Dumpsters shall be enclosed with a minimum of six (6) foot high enclosure consistent with architectural style and composition of the main commercial building on three (3) sides with an opaque wooden door. The access side shall remain in a closed position except when the dumpster is being emptied. All dumpsters shall have rubber lids to minimize noise.
(9) The applicant shall comply with the City's current sign ordinance.
(10) The developer shall provide a walkway connecting the sidewalk to the building. The crosswalk shall be either brick pavers or stamped concrete.
(11) The following uses shall be prohibited:
• 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
• Truck Rental, Sales, Service or Repairs
• Motorcycle Sales, Service or Repairs
• Tire Sales or Services
• Taxi Stands (including storage and repair of vehicles)
• Self-Storage Facilities
• Massage Parlor
(12) The approval of the rezoning to the subject property shall be in substantial conformity to the site plan submitted on August 12, 2016 and created by Civil Engineering Consultants, Inc.
(13) The commercial building shall be constructed in substantial compliance with the architectural elevations submitted and dated 11/23/2016. The home shall meet the façade requirements established in stipulation #1 above. Approval of any change to the elevations must be obtained from the Director of Community Development.