Impact
WARD: 3
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Zoning Request Z15-015 - Approval of a zoning amendment to modify the currently approved site plan and building elevations - 1.61 Acres - Land Lot 634 - 1680 Roswell Street - Christopher & Yvonne Ogbuefi
Body
ISSUE: Christopher and Yvonne Ogbuefi are seeking approval of a zoning amendment to modify the currently approved site plan and building elevations from Zoning Case Z06-048. The applicant is proposing to construct a 6,131 sq. ft. addition onto the existing food store and a 2,550 sq. ft. multi-tenant building to bring the total floor area for the site up to 17,234 sq. ft This is an increase of 1,283 sq. ft. of building floor area over the original zoning for the property.
BACKGROUND: The 1.61 acre subject property was originally approved for rezoning from OD to NS - Conditional by the Mayor and Council on November 20, 2006 by a vote of 6-1 (Zoning Case: Z06-048). The zoning proposal provided for a 15,960 sf. retail center. The retail center was planned to accommodate 6 retail stores averaging 1,160 sf. per store, a 5,160 sf. food store, and two restaurants averaging 1,920 sf. The applicant has developed the site and completed Phase I, which includes an 8,553. sq. ft. food store.
RECOMMENDATION/REQUESTED ACTION: Community Development recommends the approval of the zoning request to modify the site plan and building elevations from Zoning Case Z06-048 with the following conditions carried over from Z06-048 (changes are highlighted in yellow):
Standard Conditions
(Requirements #1, 2, 3, 4, 5, 8, 9, 12, 16 and 17 from Section 1201 of the Zoning Code are not applicable)
1. All utilities within the development shall be underground.
2. The development of any streets (including private) shall conform to the City’s standards for public right-of-ways.
3. No debris may be buried on any lot or common area.
4. The developer will comply with the City’s current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction.
5. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances.
6. All open space and common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
7. The retention pond shall be placed and screened appropriately to be unobtrusive inside and outside the development. The stormwater retention plan shall be designed to create at least a 20% reduction in a 2-year to 100-year storm event. The City Engineer shall approve all plans.
8. A ten-foot wide sidewalk shall be constructed along Roswell Street and Hawthorne Avenue.
9. A ten-foot landscape buffer shall be provided and maintained along the eastern property line.
10. Any proposed dumpsters shall be surrounded by a three-sided brick enclosure with an opaque gate in the front. The brick shall match the color and material used for the commercial buildings.
11. The commercial buildings shall utilize four-sided brick or stone elevations which generally match the elevations presented during the November 13, 2006 Planning and Zoning Board Meeting submitted on 7/22/2015.
12. The applicant shall incorporate windows or shadowboxes (false window or display area) along the northern (Roswell Street elevation of building), western (Mathews Street elevation of the building) and eastern (Public Storage elevation of building) façade of the food store and multi-tenant building.
13. No neon or flashing signs shall be permitted. All freestanding signs shall be monument style.
14. The applicant shall remove the existing billboard on site within 90 days of the approval of the rezoning.
15. The proposed development shall have the following setbacks:
Front - 0’
Side - 30’
Street Side - 0’
Rear - 0’
16. The following uses shall be prohibited in the proposed shopping center:
• Automotive sales/repair
• Automobile wash service
• Boat sales and repairs
• Boarding and breeding kennels
• Dry cleaning plants
• Farm equipment sales and service
• Lumber, hardware and other building material establishments
• Mobile home and travel trailer sales
• Motorcycle sales and service
• Pawnshops
• Adult novelty stores
• Package stores
• Service stations
• Stations and terminals for bus and rail passenger service
• Taxi stands
• Theaters
• Tattoo Parlor
• Arcade or Video Game Parlor
• Massage Parlor
• Pool Hall
• Check Cashing Store
17. The construction of the project shall be based on the site plan submitted with the zoning application dated October 6, 2006 on 7/22/2015 and created by A’Vant Architecture. Any significant change to this site plan requires the approval of Mayor and Council.
18. The applicant shall remove parallel parking spaces labeled one and two on the site plan dated October 6, 2006. The applicant shall make modifications to the site plan dated October 6, 2006 to address all stipulations stated above. These modifications shall be completed prior to the plan review process.
19. The applicant shall dedicate the necessary right-of-way to the City needed to complete the round-about road improvement planned for the intersection of Hawthorne Avenue, Mathews Street and Roswell Street.