Staff Report & Recommendation Special Use Permit Case SUP-2021-01

Date of Report: February 22, 2021 Report by: Joellen Wilson, Director of Planning

Hearing Dates: Planning Commission February 25, 2021

Mayor and Council March 8, 2021

GENERAL INFORMATION Applicant: Victor Lukyan Owner: Global Tires LLC Size: 1.77, District 6, LL 160, Parcel 520 (recently recombined) Location: 700-710 Indian Trail LilburnExisting Zoning: CB, Commercial Business in US29 OverlayProposed Special Use Permit: Tire and Accessory Store and Service Center

EXISTING LAND USES & ZONING DISTRICTS To the North: Church/Commercial CB To the East: Church/Residential/Indian Lake Drive CB/R-2 To the South: Commercial Multi-Tenant CB To the West: Commercial Restaurant CB

ZONING HISTORY The subject property is currently zoned CB, Commercial Business and is an interior site within a multi-parcel major strip commercial center, most of which was developed in 1989. Records indicate the block was zoned for commercial uses in 1985. Access to the property is provided from a dedicated driveway on Indian Trail Lilburn and additional shared entries at Indian Trail and Hillcrest Roads with no new curb cuts proposed. The property is vacant and cleared with parking and a paved drive along the back of the commercial strip center. The 1.77 acre site incorporates a small portion of an adjacent parcel. It is owned by Victor Lukyan, the current owner of Global Tires in Lilburn, who intends to build a new Auto Tire and Accessory Store and move his business and operate in the same manner at this location.

APPLICANT’S INTENT The applicant would like to develop a new and attractive tire store for himself and the community. All the business will take place inside the building with no outside storage or services. Applicant intends to meet City of Lilburn’s specifications for the US29 Overlay including all applicable site and building requirements. The proposed building plans provide three additional tenant spaces for related auto services, which may warrant additional review. See applicant's letter of intent and plans for details.

ANALYSIS OF ZONING/SPECIAL USE PERMIT REQUEST The 2019 Comprehensive Plan Character Area Map designates the parcels along Indian Trail Lilburn Road as the US29/Commercial Overlay District. The intent of the CB district is to accommodate businesses serving the local and regional motoring public with a wide variety of products and services, including vehicle related services.

According to the City of Lilburn 2011 Zoning Ordinance, Article 6, Section 602.-Use Table, a Tire Store in Commercial Business (CB) zoning district requires a Special Use Permit. In addition, a tire store within the US29 Overlay requires Conditional approval, subject to specific site and architectural design criteria. Zoning Ordinance, Article 14. Definitions broadly defines automobile sales and service establishments to include

tire and similar mechanical repair shops. Article 6, Section 603 provides the Supplemental Conditions for a tire store within provision for Auto, Motorcycle and Truck Service Center as follows:

1. Special use permit required in CB or U.S. 29 Overlay. 2. In CB and U.S. 29 Overlay, auto repair and service buildings shall be designed in consideration of the

context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the U.S. 29 Overlay or of the integrated development site.

3. No body and paint repair. 4. Service permitted only in enclosed bays. 5. All service bays shall be oriented so as to parallel U.S. 29 and other major arterial roadways on which they

are located, and/or when within 300 feet of property zoned or used for residential uses. 6. All service bays shall have a 100 percent opaque screen of a minimum of three and one-half feet on

surrounding street frontages. Finally, Article 5, Section 501 provides criteria for site and building standards within the Lawrenceville Highway

US29 Overlay. The Corridor Overlay District is intended to enhance the viability and livability of the area along

several important thoroughfares…. to achieve and maintain a unified and pleasing aesthetic/visual quality in

landscaping, architecture and signage…. Standards from Section 501 of the Zoning Ordinance include:

• Interparcel access between non-residential properties…and shared access points

• Sidewalks, pedestrian amenities, lighting

• Buildings oriented to public streets with loading and bay entrances to the rear and side (not visible front the street along the building front)

• Parking to the side and rear where practical with adequate lighting

• Parking lot lighting shall be directed to avoid intrusion on adjacent properties

• Stormwater and Landscaping shall be provided in compliance with applicable Ordinances.

• Dumpsters shall be placed in rear yards and screened on all four sides (brick, decorative masonry or stone and opaque gate).

• Decorative, commercial-quality bicycle racks, benches, and trash receptacles shall be provided and maintained by the property owner.

• Architectural design guidelines shall apply including massing of building facades oriented to the public street with modulation changes which could include changes in height, horizontal plane, building projections/recessions, roof form and/or other architectural elements.

• Building materials for facades seen from public streets shall be constructed of brick, stone, and glass with textured concrete masonry block, stucco, cement-fiber siding as accents.

• Roof parapets shall be articulated to provide visual diversity. All mechanical, HVAC and like systems shall be screened.

• Minimum 1 foot cornices and 2 foot contrasting base shall extend along entire front of buildings and the sides at least 10’

• All mechanical, HVAC and like systems shall be screened from street level view

• Signage shall be on a monument base with materials to match the building (see Sign Ordinance). The conceptual zoning site plan addresses most of the above criteria. The site is within 300 feet of medium density residential (R-2) zoned property (Indian Lake townhomes) and the proposed building will be within 125 feet of the nearest existing residential duplex structure. Though not specifically proposed within the tire and accessory store, the three separate tenant spaces proposed to accommodate undefined auto/tire related services on the west side of the building are also subject to conditions. Additional standards of site development apply including stormwater management, and to that end, the applicant has proposed an underground system. Required public notice was provided. Lilburn Police anticipate no significant adverse impacts.

STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER As part of the rezoning process, the Applicant; the Planning Staff, Planning Commission, and the Mayor and City Council of the City of Lilburn are to analyze the application with respect to Special Use Permit criteria and each of the matters enumerated in Section 1003-7. Criteria for amendments to official zoning map. The mayor and council of the city find that the following standards are relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property and shall govern the exercise of the zoning power. The Applicant’s response is attached to the application. Staff’s response is in italics below: A. Whether the zoning proposal will permit a use that is suitable in view of the use and

development of adjacent and nearby properties: The proposed use will be suitable with appropriate conditions in view of the surrounding commercial and residential properties. There are undisturbed buffers on the north and east sides of the property but supplemental planting for effective screening is recommended in accordance with supplemental conditions described in Article 6.

B. Whether the zoning proposal would adversely affect the existing use or usability of adjacent or

nearby property: The proposed Tire Store and Service Center can be conditioned to minimize adverse impacts to the existing adjacent restaurant and assembly uses. Nearby existing residential properties should be screened from tire service and repair activities, especially as noise or smells from more intense auto service or repair activities are possible.

C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned: Yes. The building site is undeveloped but the commercial center has adequate established access, driveways and parking, and water and sewer are available on site to tie into.

D. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools: The proposed use including tire and accessory sales and service will not cause a burdensome impact on existing infrastructure; however, if more intense auto service or repairs are permitted, the building may require alterations to comply with the sanitary sewer code.

E. Whether the rezoning proposal is in conformity with the policy and intent of the Land Use Plan: The proposal conforms to the policy and intent of the Comprehensive Plan and Character Area Map, which indicates this property is appropriate for commercial development.

F. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal: The US 29 Corridor Overlay District was expanded in 2016 to include this commercial corridor and property. New development along Indian Trail Lilburn Road includes a variety of commercial businesses including a significant distribution center.

Based upon the criteria for Special Use Permits and Section 1003-7. Criteria for amendments to official zoning map, staff recommends APPROVAL of the SUP request for Tire Store and Service Center with the following conditions:

1. A 40’ buffer shall be provided adjacent to residentially zoned R-2 property.

2. A vegetated screen shall be planted within the buffer to include 2 rows of evergreen trees,

staggered 10’ on center with minimum 6’ height at time of planting to screen the facility from

adjacent residential property.

3. Tire Service Center limited to 12,000 square foot building oriented parallel to Indian Trail as

depicted on the attached “Conceptual Site Plan” zoning exhibit provided by the applicant. No

more than 4 tenant spaces shall be provided.

4. Services limited to wheels and tires, lift kits and related accessory equipment installation. Each

tenant space use is subject to zoning review for Conditional approval or Special Use Permit (i.e.

no oil/lube/fluid replacements, car wash or detailing, emissions inspection, car sales, sharing or

rentals).

5. No body or paint repair.

6. No services permitted outside of enclosed bays. No accessory buildings permitted without plan

review.

7. Service bays shall be oriented to parallel Indian Trail Lilburn Road, and screened from view at the

public street.

8. No washing of parts or vehicles outside the building.

9. No Auto/Truck Body and Heavy Repair services, as described in Article 6, Restricted Uses.

10. No Heavy Equipment Service as described in Article 6.

11. No outside storage or outdoor displays.

12. No used auto parts sales.

13. No broker office or vehicle sales.

14. No junk vehicles. Vehicles awaiting repair shall be enclosed in the building or within an impound

parking area in the rear yard and screened from street view with a min. 6’ privacy fence.

15. Parking of all vehicles shall be in designated spaces in compliance with Article 8 and shall not

exceed maximum off-street parking spaces allocated for auto service center (1/200 s.f.).

Zoning Map

Aerial View of the Site

Parcel Map with subject area

Proposed Conceptual Site Plan