To:
Planning Commission
From:
Joe Cooley, Planning and Zoning Manager
Date:
May 14, 2015
Subject:
TA15-001 An Ordinance to Amend Article III, Definitions, and Article IX, Section
9.1, C-1 Commercial Business District, of the Sandy Springs Zoning Ordinance
related to Convenience Stores
Department of Community Development Recommendation:
APPROVAL of amendments to Article III, Definitions, and Article IX, Section 9.1, C-1
Commercial Business District, of the Sandy Springs Zoning Ordinance.
Background:
On January 6, 2015, the Mayor and City Council imposed a 120 day moratorium on the permitting of
convenience stores in the City so that staff could develop additional regulations governing the
location and design of convenience stores. On January 27, 2015 the City Council discussed
convenience stores as a part of the annual City Council Retreat. In the retreat discussion, noise and
traffic associated with convenience stores as well as the need for additional design standards were
discussed. Additionally, the Council recognized that convenience stores, particularly the new mega
store model, are intense commercial uses that are not appropriate in all areas of the City. The
Planning Commission deferred the item to allow input from affected stakeholders. A meeting with
representatives from the Council of Quality Growth, Atlanta Commercial Board of Realtors, MorrisManning Attorneys at Law, LGB Realty, RaceTrac, and the Georgia Association of Convenience
Stores was held on April 29, 2015 to discuss the proposed ordinance and concerns. Major concerns
included the distance requirement from residential areas, the size limitation on parcels, the limitations
on the number of pumps, and requirements for location of pumps. There was also discussion on
making this use allowable by Use Permit.
Discussion:
The proposed amendments update existing definitions of convenience stores, service stations and
gasoline fuel dispensers. The proposed amendments further limit the location of convenience stores
and service stations in relation to residential areas, restrict their size and add enhanced design
requirements. Based upon the input received, the proposed ordinance reduced the 300 feet distance
requirement to residentially zoned property to 150 feet. The City is about to undertake a
Comprehensive Plan Update including small area plans associated with areas of the City including
Roswell Road. Uses and code requirements for the uses determined appropriate for those areas will
be addressed within the comp plan update/small area plan process. The use of convenience stores
will be addressed within the planning process and code development for each specific small area
plan.
Attachments:
Ordinance Mark-Ups
Action: Amend Article IX Section 9.1 C-1 Business District to allow Convenience Stores as a
permitted use and modify Service Stations to include design criteria as stated below.
ARTICLE IX
SECTION 9.1
C-1 COMMUNITY BUSINESS DISTRICT
9.1.1.
C-1 DISTRICT SCOPE AND INTENT. Regulations set forth in this section are the
C-1 district regulations. Article XIX should be consulted to determine uses and
minimum standards for uses allowed by administrative permits or use permits. The C1 district is intended to provide locations in which neighborhood and communityoriented retail and service activities conclude a transition, or land areas which
complement a transition into a more intense activity area. Complementary noncommercial uses are also permitted.
9.1.2.
USE REGULATIONS. Within the C-1 district, land and structures shall be used in
accordance with standards herein. Any use not specifically designated as a permitted
use in this section or as a use allowed by administrative permit or use permit shall be
prohibited.
A.
Permitted Uses. A building or land may be used for the following purposes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Amusement, indoor
Apartment, above or behind commercial and office uses in the same
building, which were issued development permits and/or certificates of
occupancy prior to September 2, 2014.
Art gallery
Assembly hall
Automotive parking lot
Automotive specialty shop
Catering, carry-out and delivery business
Church, temple or other place of worship
Clinic
Convenience Store. Convenience stores must be located on a corner lot at
a signalized intersection, a minimum of 150 linear feet (measured from the
closest property lines in a straight line distance) from the nearest
residentially zoned property, and occupy a lot no larger than 0.6 acres. A
maximum of eight fuel dispensers are allowed. Fuel dispensers and
associated canopy structures are not permitted between the building and the
street. Canopy supporting columns shall be constructed of or faced with
brick, stone, or other masonry material and shall coordinate with the
building finish and design. Lighting to illuminate the fuel dispensing area
shall be flush mounted into the canopy ceiling to minimize light being cast
beyond the footprint of the canopy. Primary or fluorescent colors shall not
be used on the building canopy. Canopy and structures shall not be
internally illuminated or have illuminated accents other than allowed under
the signage regulations. Outdoor luminaires shall be mounted or placed no
more than twelve (12) feet in height. Luminaires shall be arranged or
shielded to reflect light away from adjacent property. Light spillover
beyond the property line shall not exceed one-half (1/2) foot candle as
determined by the Director.
11. Day care facility
12. Delicatessen
13. Financial establishment/institution
14. Funeral home
15. Garage, automobile repair (except painting, body repair and overhaul of
major components)
16. Group residence
17. Gymnasium
18. Hospice
19. Hotel/motel
20. Health club/spa
21. Laundromat
22. Landscaping business, garden center
23. Laundry and dry cleaning shop
24. Lawn service business
25. Library
26. Communication service
27. Millinery or similar trade whenever products are sold retail, exclusively
on the site where produced
28. Museum
29. Nursing home
30. Office
31. Parking garage\deck
32. Parking lot
33. Personal care home/assisted living
34. Personal service, including barber, beauty
35. Pet grooming (no overnight stay)
36. Photography studio
37. Plant nursery
38. Printing shop, convenience
39. Recycling center, collecting
40. Repair shop not involving any manufacturing on the site
41. Research laboratory
42. Restaurants
43. Retail store or shop
44. School of business, dance, music or similar schools
45. Service station (except that repair and service offerings shall not include
painting, body repair or overhaul of major components, and no portion of
the site shall be used for the display of cars for sale). Service stations
must be located on a corner lot at a signalized intersection, a minimum of
150 linear feet (measured from the closest property lines in a straight line
distance) from the nearest residentially zoned property, and occupy a lot
no larger than 0.6 acres. A maximum of eight fuel dispensers are allowed.
Fuel dispensers and associated canopy structures are not permitted
between the building and the street. Canopy supporting columns shall be
constructed of or faced with brick, stone, or other masonry material and
shall coordinate with the building finish and design. Lighting to
illuminate the fuel dispensing area shall be flush mounted into the canopy
ceiling to minimize light being cast beyond the footprint of the canopy.
Primary or fluorescent colors shall not be used on the building canopy.
Canopy and structures shall not be internally illuminated or have
illuminated accents other than allowed under the signage regulations.
Outdoor luminaires shall be mounted or placed no more than twelve (12)
feet in height. Luminaires shall be arranged or shielded to reflect light
away from adjacent property. Light spillover beyond the property line
shall not exceed one-half (1/2) foot candle as determined by the Director.
46. Stadium
47. Theater
48.
Townhouse dwelling units
B.
Accessory Uses. A building or land may be used for uses customarily incidental
to any permitted use and the principal dwelling unit may be used for a home
occupation. Automobile and/or moving truck rental may be used accessory to a
permitted use. Not more than forty-five percent (45%) of the floor area of a
building or land may be devoted to storage incidental to a primary use.
C.
Additional Uses. Additional uses may be allowed by administrative or use
permit, pursuant to Article XIX of this Ordinance.
Action: Amend Article III Sec. 3.3.1 to
ARTICLE III
DEFINITIONS
Automotive Garage. A use primarily for the repair, replacement, modification, adjustment, or
servicing of the power plant or drive-train or major components of automobiles or other motor
vehicles, heavy trucks, and equipment. This use is also for other automotive repairs and services
including major overhauls, to include paint and body shops. The sale of motor vehicle fuel is
prohibited. The outside storage of unlicensed and unregistered vehicles, heavy trucks, and
equipment is prohibited as part of this use.
Automotive Specialty Shop. A use which provides one (1) or more specialized repair sales and/or
maintenance functions such as the sale, replacement, installation or repair of tires, mufflers,
batteries, brakes and master cylinders, shock absorbers, instruments (such as speedometers and
tachometers), radios and sound systems or upholstery for passenger cars, vans, and light trucks
only. No use authorized herein shall permit any private or commercial activity which involves
auto/truck leasing, painting, repair or alteration of the auto body, nor shall any repair, replacement,
modification, adjustment, or servicing of the power plant or drive-train or cooling system be
permitted, except that minor tune-up involving the changing of spark plugs, points or condenser,
including engine block oil changes, are permitted. The sale of motor vehicle fuel is prohibited.
.
Convenience Store. A retail establishment selling groceries, prepared food, drinks, household
goods, or personal care items, always in association with the dispensing of motor vehicle fuel but
in all cases excluding motor vehicle service, maintenance and repair.
Fuel Pump/Gas Pump/Gasoline Fuel Dispenser. A motor vehicle fuel dispensing device, other
than a portable fuel container or fuel dispensing vehicle, which can be self-service or full-service.
The fuel pump dispenses fuel from a fuel storage tank that is typically located underground. The
pump is subject to state standards for accuracy in dispensing quantity. A single fuel pump is a fuel
pump that can serve only one vehicle at-a-time. Motor vehicle fuel dispensing devices that can
service more than one vehicle at-a-time consist of multiple fuel pumps. The number of pumps is
determined by the maximum number of vehicles that can be serviced at the same time. For
example, a fuel dispensing device that can fuel two (2) vehicles at once is considered two (2) fuel
pumps and two (2) fuel dispensing devices that can fuel four (4) vehicles at once are considered
four (4) fuel pumps and so on.
Retail Use/Store/Shop. A business in which the primary purpose is the sale of merchandise to
consumers; however, the sale of automotive or other motor vehicle fuel, parts or service is not
allowed.
Service Station. May also be commonly referred to as a “Filling Station” or “Gas/Gasoline
Station”. A use which provides for the sale of motor vehicle fuels, motor oil, tires, batteries and
automotive accessories, and which may provide minor repair and maintenance services. A service
station shall be limited to four (4) or fewer bays excluding no more than one (1) attached or
detached bay for washing cars. Sales of drinks, candy, snacks, tobacco and similar convenience
items may occur but only as an accessory use occupying no more that 15 percent of the total floor
area. Restrooms for customers may be provided. Temporary storage of vehicles to be serviced or
being serviced is allowed in the rear yard, but not in any required buffer, setback or landscape
areas, for a period not longer than thirty (30) days.