District 4 PC Agenda Items - DeKalb County Planning & Sustainability

DeKalb County Department of Planning & Sustainability
330 Ponce De Leon Avenue, Suite 500
Decatur, GA 30030
(404) 371-2155 / plandev@dekalbcountyga.gov
Lee May
Interim Chief Executive Officer
Planning Commission Hearing Date: Tuesday, May 5, 2015 6:30 P.M.
Board of Commissioners Hearing Date: Tuesday, May 26, 2015 6:30 P.M.
STAFF ANALYSIS
Case No.:
SLUP-15-19779
Agenda #: N-10
Location/
Address:
The southeast intersection of
Lawrenceville Highway and White
Boulevard at 2207 Lawrenceville
Highway in Decatur, Georgia.
Commission District: 4
Parcel ID:
18-100-01- 004
Request:
To request a Special Land Use Permit (SLUP) for minor auto repair in a C-1 (Local
Commercial) District.
Property Owner:
2209 Lawrenceville LLC
Applicant/Agent:
Max Rojas
Acreage:
.35 acres
Existing Land Use:
Vacant Commercial Building
Adjacent Zoning:
North, South, East & West: C-1 (Local Commercial) District
Comprehensive Plan:
Commercial Redevelopment Corridor
Proposed Sq. Ft: N/A
Proposed Lot Coverage: N/A
Super District: 6
Inconsistent with Plan Policies Yes
Existing Sq. Ft.: 1,200 square feet
Existing Lot Coverage: < 35%
Staff Recommendation: DENIAL
The subject site proposed for minor auto repair (sales and installation of new and used tires) is inconsistent with
Comprehensive Plan and Board policies given its location at the intersection of Lawrenceville Highway and White
Boulevard. The proposed use would result in a disproportional proliferation of similar uses in the surrounding area
along Lawrenceville Highway. Planning Staff observed several operating auto repair establishments along
Lawrenceville Highway within a half mile of the subject site. The applicant intends to utilize the existing vacant older
commercial building on the site for the sale and installation of new and used tires. The site is located on a highly
visual corner of the North DeKalb Square Shopping Plaza which is going through a major redevelopment. Goodwill
Industries is currently under construction as a major tenant within the shopping plaza. The use of site as a minor
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SLUP-15-19779
auto repair with visual display of tires would negatively impact the aesthetic appearance of the shopping plaza and
be inconsistent with the following plan policies: “Improve the aesthetic appearance of developments along major
corridors.” (LUP8); “Enhance the visual appearance of commercial structures in a state of disinvestment,
underdevelopment and decline.” (CRCCAP7; and “Upgrade the appearance of existing older, commercial buildings
with façade improvements and architectural elements.” (CRCCAS14). Staff further notes that services provided by
the proposed auto repair may be offered by other existing auto repair shops near the subject site. Therefore, the
Planning and Sustainability Department recommends “DENIAL” of the SLUP request for minor auto repair on the
subject site. However, should the Board of Commissioners choose to approve the request, Planning Staff proposes
the following conditions:
1. Permitted SLUP use shall be limited to the sales and installation of auto tires, rims and related accessory parts.
No other minor or major automobile repair uses are allowed.
2. All work shall be done inside service bays. No outside tire storage or tire display is permitted, with the exception
that tires may be displayed on the sidewalk under the canopy of the establishment only during business hours.
3. The establishment shall be limited to the existing 1,200 square foot structure on the subject site.
4. Access to the site shall be via an internal entrance from the existing curb cut on Lawrenceville Highway. Direct
access to the site shall be via an existing entrance on White Boulevard as shown on the submitted site plan
subject to the approval of the Development and Traffic Engineering Divisions of the Department of Public
Works. There shall be no direct entrance to the site from Lawrenceville Highway.
5. The approval of this SLUP application by the Board of Commissioners has no bearing on the requirements for
other regulatory approvals under the authority of the Historic Preservation Commission, the Zoning Board of
Appeals, or other entity.
6. Refuse areas shall not be visible from the public street and shall be fenced or screened so as not to be visible
from adjoining properties. Screening materials shall match the building façade.
7.
Signage shall be limited to the existing ground sign structure on the subject site.
8. Wall signage shall be restricted to channel cut letters applied directly to the face of the building. One wall is
allowed per street frontage. Copy area not to exceed 50 square feet per sign. Channel cut letters shall not
exceed 24 inches in height.
9. The exterior building facade shall be painted in earth tones subject to the approval of the Zoning Administrator.
10. Provide plantings along the street frontage along Lawrenceville Highway and White Boulevard subject to the
approval of the DeKalb County Arborist.
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SUBJECT PROPERTY
The subject site is a .35 acre outparcel of the North DeKalb Square Shopping Plaza at the southeast intersection of
Lawrenceville Highway (a major 4-lane thoroughfare with deceleration lane) and White Boulevard (a two-lane local
street). The site is developed with a 1,200 square foot vacated commercial structure that was formerly an auto
emissions testing station and oil change facility. A pole ground sign approximately 20 feet exists along the property
frontage along Lawrenceville Highway.
Adjacent and immediate surrounding land uses include various retail and commercial uses along Lawrenceville
Highway. South and east of the site are various retail and commercial uses within North DeKalb Square Shopping
Plaza. Further south is BB&T Bank at the northeast intersection of Lawrenceville Highway and North Druid Hills
Road. North of the site along Lawrenceville Highway is Krystal Burger restaurant, Advance Auto Parts and Home
Depot. West of the site along Lawrenceville Highway is Dairy Queen and Performance Exhaust Auto Repair. Further
southwest is the Shamrock Shopping Plaza at the northwest intersection of North Druid Hills Road and Lawrenceville
Highway.
ZONING HISTORY
The site was originally zoned C-1 (Local Commercial) District and RM-85 (Multi-family Residential) District as part of
an overall 26.65 acre site at the northeast intersection of North Druid Hills Road and Lawrenceville Highway
pursuant to CZ-79100. Approval was based on a site plan which provided for an 112,442 square foot
commercial/retail space on 15.85 acres and 10.79 acres dedicated for multi-family residential land use. On July 22,
2008, the site was modified pursuant to CZ-08-14797 and approved to include a hotel and C-1 (Local Commercial)
uses excluding nightclubs, pool halls, billiard parlors, amusement arcades, adult or pornographic bookstores, or any
other retail stores with an adult theme. SLUP-08-14800 was approved for the height of the hotel not to exceed six
(6) stories and 71 (seventy-one) feet. Permit data indicates that Clear Skies Emissions testing and oil changes was
licensed to operate on the subject .35 acre site at the corner of White Boulevard and Lawrenceville Highway from
January 2006 through to December 2009.
PROJECT ANALYSIS
The applicant requests a Special Land Use Permit (SLUP) to allow a minor auto repair for the sale and installation of
new and used tires in an existing single-story, 1,200 square foot concrete vacant commercial building. The building
is painted a bold yellow with a black base trim. Signage is painted in large red letters along the top building façade
with a tire logo between the lettering. The site has approximately eight (8) on-site parking spaces in addition to the
two service bays where cars will be parked during servicing. The site is improved with curb and gutter with sidewalks
along Lawrenceville Highway. One point of access to the site is depicted from the internal drive of the existing
shopping center along Lawrenceville Highway. Direct access to the site is depicted from White Boulevard. There is
no direct access to the site from Lawrenceville Highway. The property zoned C-1 (Local Commercial) is applicable to
the following development standards.
STANDARD
REQUIREMENT
EXISTING
COMPLIANCE
LOT WIDTH
A minimum 100 feet of
lot width on a public
street frontage
136 feet of frontage along
Lawrenceville Hwy
Yes
20,000 Square Feet
15,574 Square Feet
Sec. 27-581(a)
LOT AREA
Sec. 27-581(b)
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118 feet of frontage along
White Blvd.
No. However the site is an
outparcel of North DeKalb
Square shopping Plaza
consisting of 26.65 acres zoned
C-1 pursuant to CZ-79100.
SLUP-15-19779
YARD SETBACKS
FRONT
Sec. 27-581(c)(1)a.
SIDE YARD FROM
PUBLIC STREET
75 Feet from
Lawrenceville Hwy
50 Feet
No
50 Feet from White Blvd.
50 Feet
Yes
20 Feet
20 Feet
Yes
30 Feet
>30 Feet
Yes
1 parking space per 150
feet of floor area
8 on-site parking spaces
Yes
Sec. 27-581(c)(1)b.
INTERIOR SIDE YARD
Sec. 27-581(c)(2)
REAR
Sec. 27-581(c)(3)
PARKING
Sec. 27-585 (b)
8 parking spaces
required
SUPPLEMENTAL REGULATIONS SEC 27-738
The site must abide by the following supplemental regulations:
(h) All minor automobile repair and maintenance establishment operations, including the servicing of vehicles,
storage of materials and similar activities connected with the use, shall be conducted entirely within an
enclosed building. In a shopping center minor automobile repair and maintenance is permitted only as a part of an
automobile service station.
(i) Automobile parts and tire stores, retail sales. Unless otherwise authorized or permitted within the
applicable zoning district, the following limitations apply to the conduct of retail sale of automobile parts and tire
stores:
(1) There shall be no dismantling of vehicles on the premises to obtain automobile parts;
(2) There shall be no automobile parts installation other than the installation of tires and the installation of
minor accessory parts.
(3) Major automobile repair shall not be permitted in connection with these uses.
The proposed minor auto repair complies with applicable supplemental regulations except for the fact that it is
operating as an independent use within an established shopping center. Staff notes that this is consistent with the
emissions/oil change facility previously operated on the subject site. All activities pursuant to the operation of the
minor auto repair will be conducted inside the existing commercial site.
LAND USE AND ZONING ANALYSIS
Minor auto repair establishments are allowed in a C-1 (Local Commercial) District with an approved Special Land Use
Permit. The site zoned C-1 is located along a major commercial corridor, north of the intersection of North Druid
Hills Road and Lawrenceville Highway. The area consists of a variety of retail and commercial uses. Many of the uses
within a half mile radius include some type of auto repair or auto service related establishment. Beginning south of
the site at the southeast intersection of Lawrenceville Highway and North Druid Hills Road is Precision Tune Clinic.
Within the same block of the subject are two (2) auto related service establishments. The subject site is 2207
Lawrenceville Highway. Performance Exhaust Auto Repair is located at 2220 Lawrenceville Highway diagonally
across the street from the subject site. Further north is Pristine Auto Sales located at 2284 Lawrenceville Highway.
Continuing north along Lawrenceville Highway is Mr. Transmission and Lewis Motorwercks located at 2342
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Lawrenceville Highway. Adjacent to that site is Signature Auto Specialists located at 2346 Lawrenceville Highway.
This clearly documents an abundance of minor auto repair and related service uses in the area. Planning
acknowledges the previous existence of an emissions testing and oil change facility on site. However, given the
existing auto repair facilities in the immediate surrounding area, Planning is of the opinion that another auto repair
facility is not needed.
The subject site is located within a Commercial Redevelopment Corridor Character Area designated by the 20052025 DeKalb County Comprehensive Plan. The proposed use conflicts with the following Plan Policy: “Enhance the
visual appearance of commercial structures in a state of disinvestment, underdevelopment and decline.” (CRCCAP7).
The site has high visibility at the entrance to the shopping plaza. The bold and bright colors of the existing building
along with the display of new and used tires during business hours may have a negative impact on the
redevelopment of shopping plaza.
Section 27-873 of the DeKalb County Zoning Ordinance, “Special land use permit; criteria to be applied” states
that the following criteria shall be applied in evaluating and deciding any application for a Special Land Use
Permit. No application for a Special Land Use Permit shall be granted unless satisfactory provisions and
arrangements have been made concerning each of the following factors, all of which are applicable to each
application.
A. Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available
for the proposed use including provision of all required yards, open space, off-street parking, and all other
applicable requirements of the zoning district in which the use is proposed to be located:
Located on .35 acres, adequate land area is available to operate a new and used auto tire sales and installation
business within the existing 1,200 square foot building.
B. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land
uses in the district:
The proposed use is compatible with nearby commercial automotive repair uses along Lawrenceville Highway.
However, the location of the auto repair shop may negatively impact the visual appearance of the North DeKalb
Shopping Plaza that is experiencing some redevelopment.
C. Adequacy of public services, public facilities, and utilities to serve the contemplated use:
Given that the area along Lawrenceville Highway is developed with various commercial uses, it appears that
there are adequate public services, public facilities and utilities to serve the proposed minor auto repair.
D. Adequacy of the public street on which the use is proposed to be located and whether or not there is
sufficient traffic carrying capacity for the proposed use, so as not to unduly increase traffic or create
congestion in the area:
Given that Lawrenceville Highway is a major thoroughfare with a turn lane, Planning Staff anticipates little or no
impact on public streets or traffic in the area.
E. Whether or not existing land uses located along access routes to the site would be adversely affected by the
character of the vehicles or the volume of traffic to be generated by the proposed use:
Traffic or character of vehicles generated by the proposed auto repair will not adversely impact existing land
uses along access routes to the site.
F. Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with
particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and
access in the event of fire or other emergency:
No direct access to the site is planned from Lawrenceville Highway. The submitted site plan depicts access from
the internal drive on Lawrenceville Highway that is the entrance to the existing shopping center. A second access
point is on White Boulevard. Per the submitted site plan it appears traffic will have the option to flow in a
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SLUP-15-19779
circular pattern to access the drive-bays and available parking spaces. Emergency vehicles should not have
difficulty accessing the site. Sidewalks exist along the Lawrenceville Highway road frontage for pedestrian safety.
G. Whether or not the proposed use would create adverse impacts upon any adjoining land use by reason of
noise, smoke, odor, dust, or vibration that would be generated by the proposed use:
The proposed minor auto repair shop for the sale and installation of new and used tires should not create
adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust or vibration given that
repairs will take place in an enclosed building.
H. Whether or not the proposed use would create adverse impacts upon any adjoining land use by reason of the
hours of operation of the proposed use:
The hours of operation should not create adverse impacts upon any adjoining commercial land uses.
I.
Whether or not the proposed plan is otherwise consistent with the requirements of the zoning district
classification in which the use is proposed to be located:
Minor auto repair is a permitted use within the C-1 (Local Commercial) District with a SLUP (Special Land Use
Permit).
J.
Whether or not the proposed use is consistent with the policies of the comprehensive plan:
Located within a Commercial Redevelopment Character Area, the proposed minor auto repair shop in the
vacated emissions and oil change building is inconsistent with the following plan policies and strategies of the
2005-2025 Comprehensive Plan: “Improve the aesthetic appearance of developments along major corridors.”
(LUP8); “Enhance the visual appearance of commercial structures in a state of disinvestment,
underdevelopment and decline.” (CRCCAP7; and “Upgrade the appearance of existing older, commercial
buildings with façade improvements and architectural elements.” (CRCCAS14).
K. Whether or not the proposed plan provides for all buffers and transitional buffer zones where required by the
regulations of the district in which the use is proposed to be located:
Transitional buffer zones are not applicable to the subject site.
L. Whether or not there is adequate provision of refuse and service areas:
Adequate refuse areas will be provided.
M. Whether the length of time for which the special land use permit is granted should be limited in duration:
There do not appear to be any compelling reasons for limiting the duration of the requested Special Land Use
Permit.
N. Whether or not the size, scale, and massing of proposed buildings are appropriate in relation to the size of the
subject property and in relation to the size, scale, and massing of adjacent and nearby lots and buildings:
The proposed one-story building is compatible in size and massing of adjacent and nearby commercial buildings
in the area.
O. Whether the proposed plan would adversely affect historic building sites, districts, or archaeological
resources:
Per the information in the application, the proposed use should not adversely affect historic building sites,
districts, or archaeological resources.
P. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such
special land use permit:
The proposed use satisfies the supplemental regulations for minor auto repair establishments.
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SLUP-15-19779
Q. Whether or not the proposed building as a result of its proposed height, would create a negative shadow
impact on any adjoining lot or building:
Based on the submitted site plan, as well as field investigation of the project site, the proposed minor auto
repair would be located within a one story commercial building which should not create a negative shadow
impact on any adjoining lot or building.
R. Whether the proposed use would result in a disproportional proliferation of that or similar uses in the subject
character area:
The proposed use would result in a disproportional proliferation of similar uses in the surrounding area along
Lawrenceville Highway. Planning Staff observed a total of six (6) auto repair establishments along Lawrenceville
Highway within a half mile of the subject site. Beginning south of the site at the southeast intersection of
Lawrenceville Highway and North Druid Hills Road is Precision Tune Clinic. Within the same block of the subject
site are two (2) auto related service establishments. Performance Exhaust Auto Repair is located at 2220
Lawrenceville Highway diagonally across the street from the subject site. Further north is Pristine Auto Sales
located at 2284 Lawrenceville Highway. Continuing north along Lawrenceville Highway is Mr. Transmission and
Lewis Motorwercks located at 2342 Lawrenceville Highway. Adjacent to that site is Signature Auto Specialists
located at 2346 Lawrenceville Highway. This clearly documents an abundance of minor auto repair and related
service uses in the area.
S. Whether the proposed use would be consistent with the needs of the neighborhood or of the community as a
whole, be compatible with the neighborhood, and would not be in conflict with the overall objectives of the
comprehensive plan:
Staff observation indicates that the community needs are currently being met with existing auto repair related
services in the immediate area. The proposed use would be incompatible with the redevelopment of the North
DeKalb Shopping Plaza.
Attachments:
1. Department Comments
2. Application
3. Pre-Community Meeting Sign-In Sheet
4. Letter of Intent & Impact Analysis
5. Site Plan
6. Zoning Map
7. Site Photographs
8. Pictometry
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SLUP-15-19779
DEKALB COUNTY GOVERNMENT
PLANNING DEPARTMENT
DISTRIBUTION FORM
NOTE: PLEASE RETURN ALL COMMENTS VIA EMAIL OR FAX TO EXPEDITE
THE PROCESS TO JOHN REID jreid@dekalbcountyga.gov or
MADOLYN SPANN mspann@dekalbcountyga.gov
The following areas below may warrant comments from the Development Division. Please respond accordingly as the issues relate to the
proposed request and the site plan enclosed as it relates to Chapter 14. You may address applicable disciplines.
DEVELOPMENT ANALYSIS:

Transportation/Access/Row
There are no road improvements proposed on this site along Lawrenceville Hwy.
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
Storm Water Management
There is no work proposed for this site.
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
Flood Hazard Area/Wetlands
The site does not appear to lie inside the FEMA Flood Hazard Zone according to County GIS mapping records as of 4/17/2015.
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
Landscaping/Tree Preservation
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There is no proposed work on this site.
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Tributary Buffer
The county GIS map does not indicate a blue line stream on this property.
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Fire Safety
There is no proposed work on this site.
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N.10 SLUP-15-19779
Site Plan
Site
N.10 SLUP-15-19779
Proposed Minor Auto Repair
N.10 SLUP-15-19779
Proposed Minor Auto Repair
N.10 SLUP-15-19779
Proposed Minor Auto Repair
Auto
Repair
Auto
Repair
Goodwill
Under construction
Site
North DeKalb
Square
Shamrock
Plaza
Auto Repair