A REVIEW OF SLUP 6 USES STANDARDS AND REGULATIONS Presented to the Planning Commission November 16, 2016
Background In 2011, DeKalb county adopted a requirement that the following six land uses obtain Special Land Use permits; Convenience Stores (Fuel Pumps and Beer and Wine Sales) 1. Liquor Store (Alcohol Outlets, Package Stores) 2. Fast Food Restaurants (specifically, Drive through restaurants) 3. Auto Repair Establishments 4. Pawn Shops, and 5. Check Cashing establishments 6. Previous ordinance was based on “national studies” but no specific studies were cited or any local studies conducted. The ordinance was challenged in court and the judge awarded the decision to the developer.
Purpose To present the policy direction to the Planning Commission as it relates to proposed new development standards for SLUP6 uses to assist the county in future SLUP decisions that will be defensible in court.
Previous Meeting Discussions At two PED Committee meetings and one Community Council meeting, staff received direction on the following: • Alcohol Outlets (Liquor Stores) • Fuel Pumps • Fast Food Restaurants (Drive Through) • Automobile Repair • Pawn Shops • Check Cashing Today, we will present the direction received.
Alcohol Outlets Land Use Examples Where they are allowed Supplemental Standards Alcohol Outlet - Package Any liquor store 1. Permitted in OD and M. 1. 1,000 foot separation for 2. Permitted in C1and C-2 with liquor stores stores, as a primary use SLUP. 2. Included distance limitations from Chapter 4 3. Advertising for alcohol shall be only within the retail building, not visible from the outside. Total Wine – 20,000 to 50,000 1. Permitted in OD and M. Same as 2. and 3. above Alcohol Outlet - Beer and square feet 2. Permitted in C-1, C-2 and MU wine stores, beer growlers, as Small wine shop 1-5 with SLUP. a primary use Beer Growlers 3. MU, beer and wine only. QT – 8,000 square feet. 1. Permitted in OD and M. 1. Same as 2. above Alcohol Outlet - Beer and CVS – 10,000 to 13,000 square 2. Permitted in NS, C-1, 2. No more than 20% total floor wine, accessory to feet C-2 and MU 1-5 with SLUP. area used for sale and storage. Retail less than 25,000sf 3. NS as accessory only. 3. Advertising for alcohol shall be 4. MU, beer and wine only. only within the retail building, not visible from the outside. 4. Retail that sells alcohol shall not have youth oriented video games on premises. 5. No single can beer sales. 6. No wine sales in small bottles. 7. Ice/cup setups is prohibited in package stores. 8. No video game machines.
Drive-through Restaurants Land Use Examples Where they are allowed Supplemental Standards Drive-through restaurant Any fast food establishment which 1. Permitted by right in 1. Must meet existing serves from walk-up or drive-up C-1, C-2 and MU-1 if in SUB or supplemental regulations window. CRC. regarding location of windows, 2. SLUP required in C-1, stacking of vehicles, speaker C-2, and MU-1 in activity centers. boxes, etc., plus 3. Permitted by right in activity 2. Sound attenuation masonry centers if 1,000 feet from wall or speaker volume mitigation interstate highway interchange. measure. 3. Owner/operator responsible for litter. 4. Locate within 400 feet of a major intersection. 5. Access limited to inter-parcel or shared drive in activity centers 6. Must be at least 500 feet from schools
Fuel Pumps Land Use Examples Where they are allowed Supplemental Standards Fuel pumps associated with Kroger -100,000 to160,000 1. Permitted by right in C-1, C-2, 1. Must meet the existing square feet, COSTCO – 143,000 OD, M and MU 1-5, when supplemental regs regarding large- scale retail to 205,000 square feet within 1,000 feet of interstate setbacks, stacking of vehicles, etc. hwy. interchange. 2. SLUP required when >1000’. QuikTrip, any mom & pop gas 1. Permitted by right in NS, C-1 Same as above, plus Fuel pumps, associated with stations, gas stations with repair and C-2 if in SUB or CRC. 1. Locate within 400 feet of major convenience stores, gas bays. 2. Permitted with SLUP in NS, C-1 intersection. stations, service stations and C-2 if in activity centers. 2. Must have secondary access by 3. Permitted by right in M and secondary street, inter-parcel or M-2. shared access. 4. Not permitted in MU (current). 3. If in an activity center – “gas 5. Permitted without a SLUP if backwards”, building up to street within 1,000 feet of interstate with active entrance and 25% highway interchange. fenestration. 6. SLUP required if >1,000’. 4. Low planter wall to screen cars at pumps. 5. Pedestrian walkways. 6. Existing building and appurtenances that do not conform, if redeveloped or modified, the planning director shall determine the standards that have to be met. No SLUP required. 7.Owner/operator responsible for litter.
Reverse Frontage Gas Stations Concept would position the convenience store/retail market building along the street frontage and place the pumps in rear. Concept creates an urban edge and more pedestrian friendly road frontage.
Reverse Frontage Gas Stations This concept allows for pedestrian connections to adjacent land uses. The decorative fence although not opaque does mitigate the impact of high vehicular dependent land uses.
Reverse Frontage Gas Stations Optional Concept includes a decorative wall along the frontage to create a short but effective hard edge along the commercial corridor and blocks a portion of the vehicular activity from the road corridor.
Distance Measurements The following slides provides an aerial view of the distance measurements from sample: Interstates intersections Major roadway intersections
Interstate Interchange – Distance Measurements
Major Roadway Intersection – Distance Measurements
Major Roadway Intersection – Distance Measurements
Major Roadway Intersection – Distance Measurements
Automobile Repair – No SLUP Land Use Examples Where they are allowed Supplemental Standards Automobile repair and Paint and Body shops, Collision 1. Permitted by right in C-2, M 1. 300 foot separation from facilities, major engine repair and M-2. residence. (in addition to parks, maintenance, primary, Major Transmission repair schools, churches etc.) 2. Limited to collector streets or higher. 3. Activities must be indoors. 4. Cars awaiting service parked on-site. Overnight cars stored indoors or fenced enclosure 5. Outdoor display restricted to within 10 feet of building. 6. No junk cars 7. No auto sales Automobile repair and Jiffy Lube, Auto sound system, 1.Permitted by right in C-1, 1. Activities must be indoors. Tire sales C-2, and M. 2. Limited to collector streets or maintenance, primary, Minor higher. 3. Cars awaiting service parked on-site. Overnight cars stored indoors or screening fenced enclosure 4. Outdoor display restricted to within 10 feet of building. 5. Permanent outside storage is prohibited. 6. No junk cars 7. No auto sales
Pawn Shops, Check Cashing Facilities Land Use Examples Where they are allowed Supplemental Standards Pawn shop Pawn shop and title pawn 1. Permitted in C-2 with a SLUP. 1. 1,000-foot separation from 2. Permitted by right in OD and another pawn shop or check M cashing facility 2. Windows and doors must not be covered or heavily tinted. (Light filtration of 32% or greater) 3. Gates and burglar bars are prohibited. Facility in freestanding building or 1. Permitted in C-2 with a SLUP 1. 1,000-foot separation from Check cashing facility lone business in tenant space. Not 2. Permitted by right in M. another pawn shop or check in convenience stores or Walmart cashing facility 2. Windows and doors must not be covered or heavily tinted. 3. Gates and burglar bars are prohibited.
Action Steps November 1, 2016, Planning and the law department to draft the ordinance based on input from PED. November 9, 2016 - Joint Community Council (Clark Harrison) November 16, 2016 - Planning Commission Public Hearing (Maloof) December 6, 2016 and December 13, 2016 – BOC Public Hearings (Maloof).
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