DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: June 14, 2018 Item #: PZ2018-266 STAFF REPORT CRESCENT ANIMAL HOSPITAL (ICE HOUSE BUILDING) Request: Eleven variances and three waivers for a veterinary clinic Project Name: Crescent Animal Hospital Site Address: 5441, 5433, 5435, 5437 Peachtree Road Parcel Number: 18-299-16-046, 047, 051, 049 Applicant: Shawn Rainey, Blue Frog LLC; Dr. Robin Hochel, DVM Owner: John Lentini, Heritage Properties Development, LLC Proposed Development: Renovate existing commercial building for a veterinary clinic This case was heard at the May 10, 2018 Work Session. At the Mayor and City Council regular meeting on May 15, 2018, the case was deferred. The applicant subsequently submitted a revised site plan and building elevations and floor plans on May 25, 2018. Changes to the site plan and elevations include the following: Removal of the fenced-in dog run area; Addition of two benches, decorative lighting, two pervious paver patios and landscaping in the supplemental zone in front of the building. Upgrades to the existing patio including the installation of tables and chairs; Installation of a landscape island around the dumpster enclosure in the rear of the lot and around the proposed bicycle rack and planter box in the front of the parking lot; and Other site improvements, including the installation of: enhanced landscaping and repairs to the planters and trash receptacles around the Frosty Caboose and in the parking lot, a pervious paver path connecting to the adjacent gravel parking lot, a landscaped area and walkway behind the building in the eastern corner of the lot, a poured concrete pad for a new bicycle rack in the supplemental zone, and three compact parking spaces. The revised site plan also includes improvements that the applicant has stated may not be possible to implement: the construction of a publicly accessible restroom that would be accessible during hours the Frosty Caboose is open, and a pervious paved path connecting to the parking lot and a striped walkway between the head-to-head parking spaces. The revised site plan eliminates the need for the previously requested variance from Sec. 230-13 (b)(43) to allow for a fenced-in outdoor dog run. 1 of 8
Current Zoning: Staff Recommendation: Village Commercial (VC): This zoning district is intended primarily for mixed-use development and related uses at a higher density. This district provides a location for residences, retail, goods, services and offices to satisfy the common and frequent needs of the City's commercial core and greater Chamblee area. Design standards and design parameters encourage a pedestrian-friendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians. APPROVAL with conditions in part and DENIAL in part District Standards: VC Zoning District (Primary Street) (Storefront Street) Total FAR (max) 4.0 Front Yard Setback 0 ft Building Coverage (max) 80% Rear Yard Setback 0 ft Open Space (min) 20% Side Yard Setback 0 ft Building Height (min)(max) 18 ft/ 75 ft Landscape Zone 5 ft Lot Size (min) N/A Sidewalk Clear Zone 10 ft Lot width (min) N/A Supplemental Zone 8 ft Current Use: Surrounding Land Uses: Site Description: Retail antique sales West VC: Mixed-use development with Heritage Lofts residential condominiums and Vintage Pizza; Commercial offices East VC: Southern Railroad right-of-way, railroad; MARTA rail North VC: Retail antique sales, Early Times Antiques South VC: Vacant gravel parking lot owned by Southern Railroad The subject property consists of four parcels, totaling 0.34 acres, located on the south side of Peachtree Road between American Industrial Way and Broad Street. The Southern railroad tracks and MARTA rail tracks are located to the east (rear) of the property. The parcels are zoned Village Commercial (VC) and are all under the same ownership. The property contains one primary building, an approximately 2,100- square-foot commercial building constructed in 1930. The front portion of the building is masonry block and the rear portion is wood. The finished floor elevation of the front portion of the building sits approximately 3 feet and 4 inches higher than the wooden, rear portion. A covered porch with stairs provides customers with access to the front of the building. There is currently no ADA access through the front of the building, although the south side of the building is accessible at the same grade as the parking lot. The building is currently occupied by Way Back When Antiques. The property also contains the Frosty Caboose, an accessory structure consisting of a small rail car converted into an ice cream shop, which opened in 2009, and a paved parking lot. 2 of 8
The property is fairly flat and level, gradually sloping down approximately three feet from the south to the north of the site. The four parcels share a single curb cut. The property is sparsely landscaped. There is a planting bed of flowering plants located at the head of the parking spaces that abut the building, and there are several large wooden planters that contain small landscape trees throughout the site. The site contains several mature hardwood trees. There is not a MARTA bus stop along the frontage, however the site is a short walk, approximately just less than one-half mile, from the MARTA rail station entrance and MARTA bus station. The front property line is approximately 78 feet from the property line of a property containing residential condominium units on the other side of Peachtree Rd. Description of Proposed Project: The project calls for: Combining the four parcels into a single lot through the plat process; Interior renovations to convert the space to a veterinarian clinic and for ADA compliance; Exterior renovations including replacing the wooden portion of the building with hardiboard lap siding, adding a parapet to the rear portion of the building, painting, adding an HVAC unit on the roof, screening both rooftop units, installing a new roof, gutter and downspouts, installing a new covered entry on the south elevation toward the rear of the building to provide customer access from the parking lot, updating the front porch, replacing some windows, removing windows on the sides, and adding a new window on the rear façade; Site upgrades and lot restriping for ADA compliance and aesthetics; and Installation of a six-foot-tall privacy fence to create a fenced-in dog walk area in the side yard along the north façade of the building. The Frosty Caboose is proposed to remain as-is. The project triggers full compliance with the Unified Development Ordinance (UDO), due to exceeding the 70% redevelopment threshold. Applicant s Variance Requests: The applicant requests variances from the following regulations of the UDO: 1. Variance from Sec. 230-9(f) to not implement sustainability measures; 2. Variance from Sec. 230-26 to not install the required streetscape to allow the existing 5-footwide sidewalk and two-foot landscape strip to remain; 3. Variance from Sec. 230-29(b)(1) to reduce the required minimum first-floor floor-to-ceiling height of a building on a storefront street from 18 feet to the existing height of 11 feet and 5 inches; 4. Variance from Sec. 230-27(a)(2) to not provide the required fenestration in order for the existing fenestration to remain; 5. Variance from Sec. 240-13(b)(43) to allow a veterinary clinic to be located within 100 feet from a residential use, at approximately 78 feet; 6. Variance from Sec. 230-13 (b)(43) to allow for a fenced-in outdoor dog run; 3 of 8
7. Variance from Sec. 250-2(a)(3)(b) to allow five four parking spaces which exceed the minimum required parking space count to not be grasscrete or grasspave ; 8. Variance from Sec. 250-20 to not provide a loading space; 9. Variance from Sec. 250-21(a)(2) for the dumpster enclosure to not meet the regulations for dumpster enclosure materials to allow the existing wooden enclosure to remain; 10. Variance from Sec. 250-21(c) to reduce the setback of the dumpster from the rear lot line from five feet to approximately one foot; 11. Variances from Ch. 260 to allow a roof sign, and menu board signage that exceeds the maximum allowed area to remain on the accessory structure (the Frosty Caboose. Staff Analysis: The UDO, in Section 280-16(b)(2), provides the following factors for granting a variance from UDO requirements. The analysis of these factors is included below: a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; The property currently consists of four separate parcels. The applicant proposes to combine the four parcels into a single 0.38-acre lot. While the property is slightly irregular in shape, meaning the opposing lot lines are not parallel to each other, however there is nothing extraordinary or exceptional about the size, shape, topography, or other characteristics of the property. b. The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship; The project calls for the adaptive re-use of an existing building that was constructed in the 1930 s. The property is located within 100 linear feet from a residential use, the Heritage Lofts condominiums located across Peachtree Blvd, above and behind Vintage Pizzeria. There are no hardships created by the application of the sections of the zoning ordinance for which the applicant has requested variances. Particularly, there is no hardship created by Sec. 240-13(b)(43), which does not allow a veterinary clinic to be located within 100 feet from a residential use. There are many commercial lots in the same zoning district and other zoning districts that allow the proposed use and are not located within 100 ft of a residential use. Although the Frosty Caboose is not within the proposed scope of work, it is also required to come into compliance with current regulations, which includes signage. The roof sign and excess of menu board signage are noncompliant. As the entire Frosty Caboose structure would meet the definition of a sign found in the UDO, the strict application of the zoning ordinance would likely result in the inability of the existing structure to remain in place. c. Such conditions are peculiar to the particular piece of property involved; As addressed in criteria one, above, there are no extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography. The conditions of the 4 of 8
subject property are common throughout the City s urban areas. One uncommon site feature is the presence of a permanent accessory structure, the Frosty Caboose, in the front yard. Peculiar to the site and other properties along the south frontage of Peachtree Rd in this area is the fact that the City, in 2017, installed new streetscape improvements in the right-of-way, and the fact that there is an adopted plan for additional streetscape improvements to both sides of the street. d. Such conditions are not the result of any actions of the property owner; and The need for variances from the requirements of the UDO is the result of the applicant s desire to develop the site to an extent which triggers full compliance with the UDO, and which does not meet all of the UDO regulations. As addressed in criteria one, above, there are no extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography. e. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. The VC zoning district is intended to provide a location for residences, retail, goods, services and offices to satisfy the common and frequent needs of the City's commercial core and greater Chamblee area. Veterinary services serve to satisfy a common and frequent need of residents. The proposed use is not a boarding kennel for animals, but rather is a veterinary clinic that provides routine veterinary services and surgeries. So long as design standards and design parameters that encourage a pedestrian-friendly traditional urban form can be maintained, the proposed use should be compatible with the subject zoning district and with the UDO. A variance from Sec. 240-13(b)(43) to allow a veterinary clinic to be located within 100 feet from a residential use may impair the purposes or intent of the zoning ordinance. Per the UDO, the distance is measured from lot line to lot line, at the closest two points. This is approximately 78 feet. The two buildings are actually approximately 144 feet apart, however the UDO clearly states that the distance is measured from the lot lines. The applicant has proposed that the inside of the building will be sound-proofed so as to prevent the outward emission of animal sounds, which would mitigate sounds coming from the structure. Variances from Sec. 230-26 to not install the required landscape strip, sidewalk, and supplemental zone would not impair the purposes or intent of the zoning ordinance. However, there is opportunity for the unused paved area located between the primary building and the sidewalk to be transformed into a pedestrian-friendly area that meets the intent of the supplemental zone regulations. A variance from Sec. 230-29(b)(1) to reduce the required minimum first-floor floor-to-ceiling height of a building on a storefront street from 18 feet to 11 feet and 5 inches would not impair the purposes or intent of the zoning ordinance. The applicant has proposed to increase the height of the rear 5 of 8
portion of the building and to add parapets on the sides. The overall effect will be the appearance of a taller building. The sustainability measures in Sec. 230-9(f) were recently adopted by Mayor and City Council. A variance to not implement the measures would impair the purpose of the zoning ordinance to protect the environmental integrity of the City. A variance from Sec. 230-27(a)(2) to not provide the required fenestration could also impair the purposes or intent of the zoning ordinance. The applicant has proposed to leave the existing fenestration as-is, although the project does call for installing a partition wall directly behind one of the fenestrated doors. Without inviting storefronts, such as the type called for by the UDO regulations, the intent of the UDO could be impaired. The applicant proposes to keep the wooden dumpster enclosure as-is. The regulation that requires dumpsters to be enclosed is to promote safety, health and also aesthetics. The existing enclosure is a wooden structure that is much in need of repair. The structure does not meet setbacks with the east lot line, which is adjacent to Southern Railroad right-of-way. A variance from setback requirements would not impair the purposes or intent of the zoning ordinance provided that the aesthetic element is met. The applicant states that loading activities will be very minimal and of a nature that would not cause a negative impact on access to parking or pedestrian circulation. A variance from Sec. 250-20 to not provide a loading space would not impair the purposes or intent of the zoning ordinance. A variance from Sec. 230-13 (b)(43) to allow for a fenced dog run, may also impair the purposes or intent of the zoning ordinance, as it could negatively impact the pedestrian-friendly, traditional urban form that is sought for the VC zoning district. Although, locating the fenced-in dog run in the side yard furthest from the residential use, as the applicant has proposed, would help mitigate negative impacts. A variance from Sec. 250-2(a)(3)(b) to allow parking spaces above the minimum required parking space count to not be grasscrete or grasspave, however would not impair the purposes or intent of the zoning ordinance, provided the applicant provides green space in other areas in and around the parking lot. A variance for the Frosty Caboose from the sign regulations, Ch. 260 of the UDO, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. Applicant s Waiver Requests: The project requires approval of waivers with respect to the requirements of the UDO. Only in situations as described in Section 300-13, where, because of severe topographical or other conditions peculiar to the site, strict adherence to the provisions of Title 3 of the UDO would cause an unnecessary hardship that is not caused by the owner, the Mayor and City Council may, after considering the written 6 of 8
recommendation of the Development Director, authorize a waiver from the terms of Title 3 only to the extent that is absolutely necessary and not to an extent which would violate the intent of Title 3. The applicant requests WAIVERS from the following regulations of Title 3 of the UDO: 1. Waiver from Sec. 350-2 to exceed the maximum 24-foot width of a two-way driveway by approximately 5 feet and 8 inches, for the existing driveway to remain as-is. 2. Waiver from Sec. 320-39 to not have to come into compliance with the tree density regulations; 3. Waiver from Sec. 350-2(c) to not provide inter-parcel access to adjacent lots. Peculiar to the site and other properties along the south frontage of Peachtree Rd in this area is the fact that the City, in 2017, installed new streetscape improvements in the right-of-way. The driveway width was left as-is when the City performed the improvements, and bringing it into compliance is unnecessary at this time, although there is no actual hardship. There is no hardship unique to the site for not coming into compliance with the City s tree ordinance. If the site will be deficient in tree density, then the applicant has options to plant trees on-site to obtain compliance, or to pay into the City s tree fund. Inter-parcel access easements should be required for future connectivity to both abutting lots from the rear of both side lot lines of the subject lot. Staff Recommendations: Based on the analysis of this application, using the variance standards and criteria found in Chapter 280 and waiver criteria found in Chapter 300 of the UDO, Staff recommends APPROVAL of the following variances and waivers in application PZ-2018-266. 1. A variance from Sec. 230-9(f) to not implement sustainability measures; 2. A variance from Sec. 230-26 to not install the required streetscape to allow the existing 5-footwide sidewalk and two-foot landscape strip to remain; 3. A variance from Sec. 230-29(b)(1) to reduce the required minimum first-floor floor-to-ceiling height of a building on a storefront street from 18 feet to the existing height of 11 feet and 5 inches; 4. A variance from Sec. 250-2(a)(3)(b) to allow five four parking spaces which exceed the minimum required parking space count to not be grasscrete or grasspave ; 5. A variance from Sec. 250-20 to not provide a loading space; 6. Variances from Ch. 260 to allow a roof sign, and menu board signage that exceeds the maximum allowed area to remain on the accessory structure (the Frosty Caboose); 7. A variance from Sec. 250-21(c) to reduce the setback of the dumpster from the rear lot line from five feet to approximately one foot; 8. A waiver from Sec. 350-2 to exceed the maximum 24-foot width of a two-way driveway by approximately 5 feet and 8 inches, for the existing driveway to remain as-is. 9. A variance from Sec. 230-27(a)(2) to not provide the required fenestration, in order for the existing fenestration to remain; 7 of 8
Staff recommends DENIAL of the waiver and variance requests because the requests fail to meet the criteria for approval found in Chapter 280 or Chapter 300. 1. A variance from Sec. 240-13(b)(43) to allow a veterinary clinic to be located within 100 feet from a residential use, at approximately 78 feet; 2. A variance from Sec. 230-13 (b)(43) to allow for a fenced-in outdoor dog run; 3. A variance from Sec. 250-21(a)(2) for the dumpster enclosure to not meet the regulations for dumpster enclosure materials to allow the existing wooden enclosure to remain. 4. A waiver from Sec. 350-2(c) to not provide inter-parcel access to adjacent lots; 5. A waiver from Sec. 320-39 for the tree density to remain as-is. Staff recommends WITHDRAWAL of the following variance request, as it is no longer required by the revised site plan: 1. A variance from Sec. 230-13 (b)(43) to allow for a fenced-in outdoor dog run; Staff recommends the following conditions of approval: 1. Development shall be in substantial conformity with Exhibit A: Site Plan and Elevations, dated received April 9May 25, 2018. The installation of the walkway between the head-to-head parking spaces is not required. 2. A grassed landscape island with shrubs or other plantings shall be installed around the dumpster enclosure. Said landscaped area shall be a minimum of 200 square feet. 3. The front of the building shall maintain a storefront-like appearance. This shall include a minimum amount of transparent fenestration no less in area than currently exists on the front façade. The front porch and the paved area located between the front porch and the sidewalk shall be reserved as passive open space through a public access easement. No more than half of this area shall consist of impervious surfaces. 4. The applicant shall install an endcap landscape island in the paved area around the square planter located in the front of the lot between the building and the driveway. The required bicycle rack shall be installed on a concrete pad in this island, directly behind, and adjacent to the existing sidewalk. 5. The applicant shall achieve a minimum of three points toward sustainability measures. 6. Applicant shall submit documentation to the Development Department, prior to issuance of a building permit, that soundproofing of the structure is sufficient to prevent noises from animals from being heard at the public-right-of-way. Attachments: Attachment 1 Exhibit A: Site Plan and Elevations, dated received April 9 May 25, 2018 Attachment 2 Application and Letter of Intent Attachment 3 Location Maps 8 of 8