Petition Z-29

/ Zonings – Past, 2008 / By
Search Tags <Cooke Enterprises, OMR, O&I, Windy Hill Road, Spectrum Circle, climate controlled, Self Service Storage Facility, SSSF>
Cooke Enterprises, Inc., 678-797-9797, represented by Garvis Sams, Sams, Larkin & Huff, LLP, 770-422-7016, requests rezoning from OMR to O&I for a climate controlled Self Service Storage Facility.
Property is located on the northwest intersection of Windy Hill Road and Spectrum Circle (Spectrum Circle); 17th District, Land Lots 919 & 920, Parcel 3.
Size of tract is 1.195 acres
Proposed Number of Buildings: 1
Total Square Footage of Development: 109,325
F.A.R.: 2.1
Square Footage/Acre: 91,485
Parking Spaces Required: 35
Parking Spaces Provided: 16
Current zoning: OMR
Contiguous zoning is: North: RM-16, O&I (Corporate Spectrum Office Complex); East: O&I (Corporate Spectrum Office Complex); South: O&I & NS (Terrace shopping center); West RM-12 (electrical substation).
Current land use is Regional Activity Center, High Density Residential sub-area.
Case manager is Eric Petersen
Planning Commissioner is Tom McCleskey
District Commissioner is Joe Thompson
Proposed use: Climate Controlled Self Service Storage Facility.
The down zoning of the subject property from Office Midrise (OMR) for purposes of a hotel Office & Institutional for purposes of a Climate Controlled Self Service Storage Facility is appropriate in view of the fact that the subject property is located within the confines of a Regional Activity Center.
The applicant is requesting the O&I zoning district to develop a climate controlled self-service storage facility. The proposed building would have an exterior of brick and EFIS on four sides. The building would contain four stories with a basement, and would have 870 storage units.
The hours of operation will be 8:00 a.m. to 6:00 p.m. Monday through Saturday, and 1:00 p.m. to 6:00 p.m. on Sundays.
The applicant has submitted a Zoning Impact Analysis, which is attached as Exhibit “A” (see the link to the Final Zoning Analysis below). The applicant has submitted two letters of agreeable stipulations (see Exhibit “B”, see the link to the Final Zoning Analysis below).
The applicant is showing contemporaneous variances which are:
1. Reduce the required amount of parking spaces from 35 parking spaces to 16 parking spaces;
2. Reduce the side setback from 15-feet to 5-feet;
3. Waive the 20-foot landscape buffer along the western property (adjacent to the Georgia Power Substation);
4. Waive the maximum Floor Area ratio from 0.75 to 2.1, per County Code (however, the Comprehensive Plan allows F.A.R.’s in R.A.C.’s to be up to 2.0); and
5. Waive the maximum building height, from three stories to five stories.
Staff Comments:
(July) Staff recommends DENIAL.
Staff is very concerned with the intensity of the applicant’s proposal. Most of the basic zoning criteria (FAR, height, and parking) cannot be met, which indicates this property may too small to support this proposal.
It is Staff’s opinion that there are existing and changing conditions affecting the use and development of the property which give supporting grounds for denying the applicant’s rezoning proposal. The applicant’s proposal does not meet many of the criteria for the OI zoning district, as referenced in the Planning Comments. Uses, such as this proposal, are allowable in this O&I zoning district. However, the intensity of the proposal may be too much to be supported by Staff.
(September) Staff recommends DENIAL.
It is Staff’s opinion that the applicant’s rezoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties.  The applicant’s proposal is aesthetically pleasing, and would look like an office building.  Staff is concerned with all the variances being requested (see Planning Comments).
It is Staff’s opinion that the applicant’s rezoning proposal may not have an adverse affect on the usability of adjacent or nearby property.  Staff is very concerned with the intensity of the applicant’s proposal.  Most of the basic zoning criteria ( FAR, height, and parking) cannot be met, which indicates this property may too small to support this proposal.
It is Staff’s opinion that the applicant’s rezoning proposal will not result in a use which would cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.  This opinion can be supported by the departmental comments contained in this analysis.
It is Staff’s opinion that the applicant’s rezoning proposal is in conformity with the policy and intent of the Cobb County Comprehensive Plan, which delineates this property to be within a Regional Activity Center, Sub Area for High Density Residential.
It is Staff’s opinion that there are existing and changing conditions affecting the use and development of the property which give supporting grounds for denying the applicant’s rezoning proposal.  The applicant’s proposal does not meet many of the criteria for the OI zoning district, as referenced in the Planning Comments.  Uses, such as this proposal, are allowable in this O&I zoning district.  However, the intensity of the proposal may be too much to be supported by Staff.
ECCA position (July): Pending further review … we support a continuance
Additional input is needed regarding:
  • No parking of a truck out front as pseudo-billboard
  • No windows decorated as billboards, and no reader board signage
  • Address lighting, exterior fence, other issues
Also concerned about anticipated high levels of commercial use (as opposed to casual use by individuals) and the resulting impact on traffic and nearby property
ECCA position (September): We support the position taken the Terrell Mill Community Association.
Planning Commission Action (July, unofficial):  CONTINUED until the August 5, 2008 BZA hearing.
Planning Commission Action (August, unofficial): CONTINUED until the September 2, 2008 Planning Commission hearing.
Planning Commission Action (September, unofficial): Recommended APPROVAL with the following stipulations:
  • Staff comments and recommendations
  • Subject to the stipulation letters from Garvis Sams dated August 14, 2008 and August 21,2008
  • Outside windows to be reflective and opaque from any exterior view
Board of Commissioners Action (September, unofficial): APPROVED with stipulations.