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Planning Commission

April 15, 2010


7:00 p.m.
Sandy Springs City Hall, 7840 Roswell Road, 500 Building
Morgan Falls Office Park, Sandy Springs, GA 30350
Planning Commission Agenda
Council Planning Commission
Agenda Item Meeting Dates** Staff Recommendation
District Recommendation
APPROVAL OF AGENDA
PUBLIC COMMENT
Approval of previous meeting’s minutes – 03/18/10
USE PERMITS
1. U10-001/U10-002/CV10-003 3 CZIM – 2/23/10 U10-001 – Approval TBD
6700 Riverside Drive DRB – N/A Conditional
Applicant: Catholic Society of CDRM - 3/24/10 U10-002 – Approval
Religious & Literary Education or 3/25/10 Conditional
 A Use Permit for expansion of the PC – 4/15/10 CV10-003 #1 – Approval
existing Retreat Facility, a Use MCC – 5/18/10 Conditional
Permit to establish a Cemetery CV10-003 #2 – Approval
(columbaria), and Concurrent Conditional
Variance(s). CV10-003 #3 – Approval
Conditional
ORDINANCES
2. An Ordinance to Adopt the CoSS City PC – 4/15/10 Approval TBD
Zoning Map Wide MCC – 5/18/10
ADJOURNMENT

** Meeting Codes: CZIM - Community Zoning Information Meeting; DRB - Design Review Board; CDRM - Community/Developer
Resolution Meeting; PC - Planning Commission; MCC - Mayor and City Council

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Planning Commission
March 18, 2010

Meeting Minutes
Board Members Present Lee Duncan (Chair), Susan Maziar, David Rubenstein, Steve Tart and Al Pond
Board Members Absent Wayne Thatcher (Vice Chair), Roger Rupnow
Nancy Leathers, Chris Miller, Patrice Ruffin, Cesar Geraldo, Doug Trettin, Linda
Staff Present
Abaray, Gloria Goins, Mark Moore, David Schmid, and Terry Robinson

CALL to Order Lee Duncan called the meeting to order at 7:00 p.m.

APPROVAL OF AGENDA

ACTION: Pond moved to approved Agenda. Rubenstein seconded. (4-0, Maziar, Pond, Rubenstein, and Tart for;
Duncan not voting; Thatcher and Rupnow absent).

PUBLIC COMMENT – No Public Comment


PREVIOUS MINUTES

ACTION: Tart moved to approve the previous month's minutes amended to read as follows: Item # 1 “Recommendation
for a 60 day deferral to allow the applicant time to provide additional and/or revised information. Denied (0-5, Thatcher,
Pond, Maziar, Rupnow, and Rubenstein against; Duncan not voting; Tart abstaining)”.
Pond seconded. Approved as amended (4-0, Maziar, Pond, Rubenstein, and Tart for; Duncan not voting; Thatcher and
Rupnow absent).

REZONING
1. RZ10-001/CV10-001
5815 Mountain Creek Road

SUMMARY/STAFF PRESENTATION: To rezone the subject property from O-I (Office and Institutional District)
conditional to O-I (Office and Institutional District) conditional, with concurrent variance(s), to initially allow a Group
Residence with a future transition into a Personal Care Home.

Applicant Presentation:
Nathan V Hendricks, 6085 Lake Forrest Dr Suite 200, Atlanta, Ga. 30328
Carol Reynolds, 5800 Mountain Creek Rd, Sandy Springs, GA. 30328

(Invitation for public comment in support of and in opposition to the petition)

● Support for the Petition:


Cathy Coone-McCrary, 1253 Westover Trace, NW, Acworth, GA. 30102

● Against the Petition:


Sharon Luger, 5795 Mountain Creek Rd, Sandy Springs, GA. 30328
Barbara Kesler, 5805 Mountain Creek Rd, Sandy Springs, GA. 30328

(Close of public hearing. Planning Commission questions and discussion)

ACTION: Pond moved to recommed approval subject to staff conditions and with concern over the residence's ability to
properly house up to 8 people. Rubenstein seconded. Approved (4-0, Maziar, Pond, Rubenstein, and Tart for; Duncan
not voting; Thatcher and Rupnow absent).
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2. RZ10-002/CV10-002
5790 & 5800 Mountain Creek Road

SUMMARY/STAFF PRESENTATION: To rezone the subject property from O-I (Office and Institutional District)
conditional to O-I (Office and Institutional District) conditional, with concurrent variance(s), to initially allow a Group
Residence with a future transition into a Personal Care Home.

Applicant Presentation:
Nathan V Hendricks, 6085 Lake Forrest Dr Suite 200, Atlanta, Ga. 30328
Carol Reynolds, 5800 Mountain Creek Rd, Sandy Springs, GA. 30328

(Invitation for public comment in support of and in opposition to the petition)

● Support for the Petition:


Cathy Coone-McCrary, 1253 Westover Trace, NW, Acworth, GA. 30102

● Against the Petition:


Sharon Luger, 5795 Mountain Creek Rd, Sandy Springs, GA. 30328
Barbara Kesler, 5805 Mountain Creek Rd, Sandy Springs, GA. 30328

(Close of public hearing. Planning Commission questions and discussion)

ACTION: Pond moved to Recommend approval subject to staff conditions and with concern over the residences' ability
to properly house up to 16 people. Rubenstein seconded. Approved (4-0, Maziar, Pond, Rubenstein, and Tart for;
Duncan not voting; Thatcher and Rupnow absent).

TEXT AMENDMENT
3. TA10-001

An Ordinance to Amend Article 12B, Sandy Springs Overlay District, of the Sandy Springs Zoning Ordinance

ACTION: Maziar moved to recommend approval. Tart seconded. Approved (4-0, Maziar, Pond, Rubenstein, and Tart
for; Duncan not voting; Thatcher and Rupnow absent).

4. TA10-002

An Ordinance to Amend Article 33, Signs, of the Sandy Springs Zoning Ordinance

ACTION: Tart moved to recommend approval. Rubenstein seconded. Approved (4-0, Maziar, Pond, Rubenstein, and
Tart for; Duncan not voting; Thatcher and Rupnow absent).

RESOLUTION
5.
A Resolution to Amend the Local Roadway Functional Classification Map of the City of Sandy Springs Transportation
Master Plan

ACTION: Tart moved to recommend approval. Rubenstein seconded. Approved (4-0, Maziar, Pond, Rubenstein, and
Tart for; Duncan not voting; Thatcher and Rupnow absent).

Meeting Adjournment The meeting was adjourned at 7:40 p.m.

Approval Signatures
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Date Approved 04-15-10

Lee Duncan, Chairman

Patrice Ruffin, Assistant Director of


Planning and Zoning

Gloria Goins, Administrative


Coordinator/Transcriber

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PC Board Member Attendance
PC 2010
Total Total
NAME 1/21 2/18 3/18 4/15 5/20 6/17 7/15 8/19 9/16 10/14 11/18 12/18 Meetings Absences
Roger Rupnow
Post 1
Term Exp:
1/31/12 1 1 0 2 1
Lee Duncan
Post 2
Term Exp:
1/31/12 1 1 1 3 0
Wayne
Thatcher
Post 3
Term Exp:
1/31/12 1 1 0 2 1
Al Pond
Post 4
Term Exp:
1/31/13 1 1 1 3 0
David
Rubenstein
Post 5
Term Exp:
1/31/13 1 1 1 3 0
Don Boyken
Post 6
Term Exp:
1/31/10 1 1 0
Steve Tart
Post 6
Term Exp:
1/31/14 1 1 2 0
Susan Maziar
Post 7
Term Exp:
1/31/14 0 1 1 2 1
1 = Present 0 = Absent * = MTG Cancelled ** = Special Called MTG

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Rezoning Petition No. U10-001/U10-002/CV10-003

HEARING & MEETING DATES


Community Zoning Community Developer Planning Commission Mayor and City Council
Information Meeting Resolution Meeting Hearing Hearing
February 23, 2010 March 25, 2010 April 15, 2010 May 18, 2010
APPLICANT/PETITIONER INFORMATION
Property Owners Petitioner Representative
Catholic Society of Religious & Literary Catholic Society of Religious &
T.R. “Ted” Benning, III
Education Literary Education
PROPERTY INFORMATION
Address, Land Lot, and 6700 Riverside Drive
District Land Lot 130 & 169, District 17
Council District 3
862 feet of frontage along the north side of Riverside Drive. The subject property has a
Frontage and Area
total area of 17.29 acres (753,152.4 square feet).
Existing Zoning and AG-1 (Agricultural District) conditional under Fulton County zoning Z91-030/CV91-
Use 36. The subject property is currently developed with a religious retreat facility.
Overlay District N/A
2027 Comprehensive
R0-1 (Residential 0 to 1 units per acre), Protected Neighborhood
Future Land Use Map
Designation
Use Permit for expansion of the existing retreat facility and a use permit to establish
Proposed Use two (2) columbaria.

INTENT
A USE PERMIT FOR THE EXPANSION OF THE EXISTING RETREAT FACILITY, A USE PERMIT TO ESTABLISH A
CEMETERY (COLUMBARIA), AND CONCURRENT VARIANCE(S).

This is a use permit for the expansion of the existing retreat facility (U10-001). The expansion would include a new
3,675 S.F. administration building and an addition to the existing retreat house/residence of 8,649 S.F. (12,049 S.F.
total). This is also a use permit to establish two (2) new columbaria (U10-002).

Three (3) concurrent variances are also being requested as follows:

1. Variance from Section 19.4.28.B.2 of the Zoning Ordinance to permit curb cut access derived from a local
street, and

2. Variance from Section 19.4.28.B.9 of the Zoning Ordinance to permit 91 parking spaces where 189 are
required, and

3. Variance from Section 11.11 of the Development Regulations to eliminate the required sidewalk
construction.

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

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U10-001

DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION


U10-001 – APPROVAL CONDITIONAL
U10-002 – APPROVAL CONDITIONAL
CV10-003#1 – APPROVAL CONDITIONAL
CV10-003#2 – APPROVAL CONDITIONAL
CV10-003#3 – APPROVAL CONDITIONAL

PLANNING COMMISSION RECOMMENDATION


U10-001 – TBD
U10-002 – TBD
CV10-003#1 – TBD
CV10-003#2 – TBD
CV10-003#3 – TBD

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

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U10-001

Location Map

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U10-001

BACKGROUND
The site is located northwest of the intersection of Riverside Drive and North Harbor Drive. The property is
zoned AG-1 (Agricultural District) under Z91-30/CV91-36 and conditioned as follows:

1. To the owner's agreement to restrict the use of the subject property as follows:

a. Retreat facility and accessory uses and structures.

b. No more than three (3) buildings at a maximum density of 1,840 sq. ft/acre (18,396 square feet per 10
acres) or a total of 32,009 square feet, whichever is less, based on the total acreage zoned, as shown on
the site plan as referenced in 2.a. (V91-036).

c. Limit the height of the buildings to no more than two (2) stories.

2. To the owner's agreement to abide by the following:

a. To the Site Plan received by the Zoning Department on April 2, 1991 and to submit to the Director of
Public Works for approval, prior to the approval of a Land Disturbance Permit, a revised Site Plan
based on a certified boundary survey of the entire property zoned, incorporating the stipulations of
these conditions of zoning approval and meeting or exceeding the requirements of the Zoning
Resolution.

3. To the owner's agreement to the following site development considerations:

a. No more than two (2) exit/entrances on Riverside Drive; one (1) entrance only and one (1) exit only
Curb cut. Location and alignment are subject to the approval of the Fulton County Traffic Engineer.

b. Provide a minimum of 70 parking spaces on site. No offsite parking or street parking will be allowed
(V91-036 NFC).

c. Provide a minimum 50 foot undisturbed natural buffer with an additional 10 foot improvement setback
buffer adjacent to all peripheral property lines except along Riverside Drive as shown on the site plan
referenced in condition 2a.

4. To the owner's agreement to abide by the following requirements, dedication and improvements:

a. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land
Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at
no cost to Fulton County such additional right-of way as may be required to provide at least 10.5 feet of
right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary
construction easements while the rights-of-way are being improved:

30 feet from centerline of Riverside Drive.

b. Improve Riverside Drive along the entire property frontage, commencing from the southernmost curb-
cut northward, 14.5 feet from the center of road to back of curb, or as may be approved by the Fulton
County Traffic Engineer.

c. Provide a deceleration lane for each project entrance or as may be approved by the Fulton County
Traffic Engineer.

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U10-001

5. To the owner's agreement to abide by the following:

a. To contact the Director of Public Works, prior to the application for a Land Disturbance Permit, to
arrange with the County Arborist an on-site evaluation of existing specimen trees/stands, buffers, and
tree protection zones within the property boundaries.

b. To maintain as a minimum, the tree density requirements as prescribed by the Fulton County Tree
Preservation Ordinance Administrative Guidelines, either through the retention of existing trees, or
tree replacement, in perpetuity.

The subject property contains 17.29 acres and is currently developed with a religious retreat facility having
26,000 S.F. of heated floor space at a density of 1,503.76 S.F./acre. The existing heated floor area is as follows:

Retreat @ 20,550 S.F.


Retreat House/Residence @ 3,400 S.F.
Chapel @ 1,600 S.F.
Trailer @ 450 S.F.

EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY

Density
Square footage or
Current Land Area (Square footage or
Proposed Use Number of
Zoning (Acres) Units/Rooms per
Units/Rooms
SUBJECT Acre)
PETITION
U10-001/ U10-
002 CV10-003 Retreat having two (2)
AG-1
Columbaria 17.29 acres 37,874 gsf 2,190.52 sf/ac

Location in
Density (Square
relation to Land Area Square Footage or
Zoning Use Feet or Units Per
subject (Acres) Number of Units
Acre)
property

Northwest ------- Chattahoochee River -------- --------- ---------------

R-2A
Northeast Vacant 1.71 acres ---------- -------------
Z90-110

R-2A
Residence @ 50 Pointe
Northeast Z78—100 & 1.11 acres 1 unit 0.90 units/acre
Ridge Dr.
Z90-110

R-2 Residence @ 6747


Southeast 1.09 acres 1 unit 0.92 units/acre
Z67-122 Riverside Dr.

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U10-001

R-3
Residence @ 600 North
South Z66-035 4.47 acres 1 unit 0.22 units/acre
Harbor Dr.

Residence @ 6695
South R-1 3.50 acres 1 unit 0.29 units/acre
Riverside Dr.

Residence @ 6696
Southwest R-1 4.97 acres 1 unit 0.20 units/acre
Riverside Dr.

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

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U10-001

Zoning Map

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

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RZ07-038/CV07-028/U07-015

Future Land Use Map

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U10-001

Photographs

Subject Property (looking northwest) Subject Property (looking northwest)

Subject Property (looking north) Subject Property (looking northeast)

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U10-001

Subject Property (looking north @ 50 Pointe Subject Property (looking southeast)


Ridge Dr.)

Subject Property (looking southeast) Southeast of the Subject Property (6747 Riverside
Drive)

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U10-001

Subject Property (looking southwest @ 6696 Riverside Subject Property (looking west)
Dr.)

Subject Property (looking west) Sign

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U10-001

SITE PLAN ANALYSIS


The site plan provided by the applicant indicates the following:

Total Site Area: 17.29 acres (753,152.4 S.F./100%)


Building (existing & proposed) 37,874 S.F. (5.03%)
Total Impervious Surface (existing & proposed): 2.12 acres (92,348 S.F./12.26%)
Landscaping (proposed): 0.09 acres (4,000 S.F./0.53%)
Undeveloped and/or Open Space (proposed): 15.08 acres (656,804.4 S.F./87.21%)
35 existing parking spaces

ENVIRONMENTAL SITE ANALYSIS


The Environmental Site Analysis Report is sufficient and satisfies the requirements of the Sandy Springs
Zoning Ordinance. The reporting on all items of the analysis stated either positive, minimal, or no
environmental issues, with the exception of the following: The subject property is within the Chattahoochee
River Corridor, wetlands exist on the subject property, a floodplain exists on the subject property, and there
are existing slope(s) exceeding 25 percent over a 10-foot rise in elevation.

USE PERMIT CONSIDERATIONS


The applicant is requesting a use permit to expand an existing retreat facility and a use permit to establish two
(2) columbaria.

Per Article 19.2.4, Use Permit Considerations, the City Council shall consider each of the following:

A. Whether the proposed use is consistent with the Comprehensive Land Use Plan and/or Economic Development
Revitalization plans adopted by the City Council;

Finding: The staff is of the opinion that the proposed uses are consistent with the Future Land Use Map,
which designates the property as R0-1 (Residential 0 to 1 units per acre), Protected
Neighborhood. The policies of Protected Neighborhoods include the protection of the character
and integrity of existing neighborhoods, while meeting the needs of the communities. Within
the City, there are several examples of religious uses having cemeteries within residential
neighborhoods. Additionally, the vision, character areas, and future land use chapter in the
Comprehensive Plan includes a section dedicated to a category called Public-Institutional as
follows:

This category applies to state, federal or local government uses, and institutional land
uses. Government uses can include city halls, police and fire stations, libraries, prisons,
post offices, schools, military installations, etc. Institutional uses include colleges,
schools, churches, cemeteries, hospitals, etc. In Sandy Springs, public and private
schools, several churches, and the cemetery north of Mt. Vernon Highway comprise the
largest acreages designated in this category. This category can be implemented with a
wide variety of zoning districts, since churches and schools can under appropriate
conditions be located in most if not all residential zones, albeit some with a conditional
use permit.

B. Compatibility with land uses and zoning districts in the vicinity of the property for which the Use Permit is
proposed;

Finding: The staff is of the opinion the proposed uses are compatible with the land uses and zoning
districts in the vicinity of the property. The property is located within an area that features
similar developments.
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U10-001

C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing
land development;

Finding: When the applicant complies with all columbarium registration regulations as required by the
Secretary of State of the State of Georgia, the staff is of the opinion the proposed uses would not
violate any local, state, and/or federal statutes, ordinances, or regulations.

D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;

Finding: The staff is of the opinion that the proposal will not result in a use that will cause an excessive
or burdensome use of the existing infrastructure. Public Works does not anticipate that the
proposed use permits will cause an excessively burdensome use of existing streets or
transportation facilities.

E. The location and number of off-street parking spaces;

Finding: The subject property currently has 35 existing parking spaces. For the 26,000 S.F. of existing
floor area, 130 parking spaces are required.

Section 19.4.28.B.9 of the Zoning Ordinance, requires a minimum amount of parking spaces for
Retreats having an accessory cemetery as follows:

One parking space per lodging unit or five (5) per 1000 square feet of floor area,
whichever is greater.

The applicant has provided the following parking calculations:

The proposed total lodging units is 53 X 1 = 53 spaces required


37, 874 S.F. of floor area (5 spaces/1000 S.F.) = 189 spaces required

The greater number of parking spaces required based on the above is 189. Therefore, the
applicant is requesting a concurrent variance to allow 91 spaces where 189 are required.

Staff is of the opinion the parking requirements within the Zoning Ordinance contemplate a
wide range of operations that may be considered Lodge, Retreat and/or Campground facilities.
Even though the gross square footage of buildings on the site, including a chapel, would require
189 spaces, the quantity of parking actually needed would be driven by the number of people
taking part in a retreat, involved in the retreat’s daily operation, and attending the columbaria.
The applicant has provided a functional parking matrix that shows how many parking spaces
are actually needed versus the 91 spaces proposed as follows:

53 proposed retreat rooms: 53 spaces


Administration Building (@ 5 spaces/1,000 S.F.): 18 spaces
Columbaria Daily Attendance: 6 spaces

The staff has reviewed the information provided and is of the opinion approximately 77 parking
spaces, at most, would be needed on a daily basis, where 91 spaces are proposed.

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U10-001

F. The amount and location of open space;

Finding: The applicant provided a site plan indicating the following:

Landscaping (proposed): 0.09 acres (4,000 S.F./0.53%)

Undeveloped and/or Open Space (proposed): 15.08 acres (656,804.4 S.F./87.21%)

Staff notes the majority of the Open and Landscaped Spaces proposed are around the perimeter
of the property and are the majority of the subject property.

G. Protective screening;

Finding: The proposed uses and associated structures are well screened from surrounding properties
with the majority of the development located at the center of the 17 acre site.

H. Hours and manner of operation;

Finding: The hours and manner of operation would not be modified from the current manner of
operation thereof and are consistent with other overnight religious retreats and cemeteries.

I. Outdoor lighting; and

Finding: Any modification to or addition of outdoor lighting will not adversely impact adjacent and/or
surrounding properties.

J. Ingress and egress to the property.

Finding: Ingress and egress to the property will not be modified as current ingress and egress to the
property is adequate for the use and the proposed use thereof.

VARIANCE CONSIDERATIONS

Article 22 of the Zoning Ordinance indicates the following are considerations in granting variances, of which
only one has to be proven:

A. Relief, if granted, would be in harmony with, or, could be made to be in harmony with, the general purpose and
intent of the Zoning Ordinance; or,
B. The application of the particular provision of the Zoning Ordinance to a particular piece of property, due to
extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography,
would create an unnecessary hardship for the owner while causing no detriment to the public; or,
C. Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum
letter size, square footage and height requirements cannot be read from an adjoining public road.

The applicant is requesting three (3) concurrent variances as follows:

1. Variance from Section 19.4.28.B.2 of the Zoning Ordinance to permit curb cut access derived from a
local street.

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U10-001

The applicant has indicated this variance will not result in any harm to the health and safety of the
general public and that application of the requirement would place a hardship on the applicant. The
applicant has indicated that this variance is in harmony with the area and in harmony with the general
purpose and intent of the Zoning Ordinance.

The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the
proposal will not pose a detriment to the public because the curb cut(s) are existing and sufficiently serve the
subject property without impacting the surrounding area. Therefore, based on these reasons, the staff
recommends APPROVAL of the variance to permit curb cut access derived from a local street.

2. Variance from Section 19.4.28.B.9 of the Zoning Ordinance to permit 91 parking spaces where 189 are
required.

The applicant has indicated this variance will not result in any harm to the health and safety of the
general public and that application of the requirement would place a hardship on the applicant. The
applicant has indicated that this variance is in harmony with the area and in harmony with the general
purpose and intent of the Zoning Ordinance.

The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the
proposal will not pose a detriment to the public because of the following:

The parking requirements within the Zoning Ordinance contemplate a wide range of operations that may
be considered Lodge, Retreat and/or Campground facilities. Even though the gross square footage of
buildings on the site, including a chapel, would require 189 spaces, the quantity of parking actually
needed would be driven by the number of people taking part in a retreat, involved in the retreat’s daily
operation, and attending the columbaria. The applicant has provided a functional parking matrix that
shows how many parking spaces are actually needed versus the 91 spaces proposed as follows:

53 proposed retreat rooms: 53 spaces


Administration Building (@ 5 spaces/1,000 S.F.): 18 spaces
Columbaria Daily Attendance: 6 spaces

The staff has reviewed the information provided and is of the opinion approximately 77 parking spaces, at most,
would be needed on a daily basis, where 91 spaces are proposed. Therefore, based on these reasons, the staff
recommends APPROVAL of the variance to permit 91 parking spaces where 189 are required.

3. Variance from Section 11.11 of the Development Regulations to eliminate the required sidewalk
construction.

The applicant has indicated this variance will not result in any harm to the health and safety of the
general public and that application of the requirement would place a hardship on the applicant. The
applicant has indicated that this variance is in harmony with the area and in harmony with the general
purpose and intent of the Zoning Ordinance.

The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the
proposal will not pose a detriment to the public because the topography at this location creates an unnecessary
hardship for the owner. Therefore, based on these reasons, the staff recommends APPROVAL of the variance to
eliminate the required sidewalk construction.

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U10-001

DEPARTMENT COMMENTS
The staff held a Focus Meeting on March 3, 2010 at which the following departmental comments were provided:

 Any permit applications involving site development shall comply with


applicable stormwater management, and erosion control ordinances.
 This proposal is currently under review by ARC. The following are
BUILDING AND DEVELOPMENT DIVISION

ARC’s issues in general:

1. As a technical point, ARC wants us to go through approval again due


Sandy Springs to the 1-1.5 s.f. transfer ratios. ARC said the methodology looks sound so
Engineering Plan there wouldn’t be a problem regarding the impervious area square footage
Reviewer shown on the plan.
2. ARC wants us to show limits of disturbance based on construction
practices and show a 5’ minimum off of any improvements as the
disturbance limits. The calculations on the site plan show that this should
not be an issue.
3. ARC wants a note added stating no trails are being added in the 150’
impervious buffer / river setback and that the current trails are existing.
Sandy Springs Building  The Building Department has no comments on the items from the 3/3/10
Plan Reviewer focus meeting.
 This lot is heavily wooded and has some steep slopes.
Sandy Springs
 The proposed additions are located within areas that have already been
Landscape
disturbed.
Architect/Arborist
 The property is in the River Corridor.
No fire hydrants are shown on the building site. Refer to 120-3-3,
modification to the 2006 IFC, “508.5.1 Where required. Where a portion of
the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 500 feet (152 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the
exterior of the facility or building, on-site fire hydrant mains shall be
provided where required by the local Fire Chief and /or Fire Code Official
FIRE DEPT.

of the responding fire department or agency.


Sandy Springs Fire “Exceptions:
Protection Engineer
“1. For group R-3 and Group U occupancies, the distance requirement shall
be 600 feet (183 m).
“2. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2,
the distance requirement shall be 600 feet (183 m).”

Public Works does not anticipate that the proposed use permit will cause
TRANSPORTATION


an excessively burdensome use of existing streets or transportation
Sandy Springs facilities.
Department of  Public Works does not object to the concurrent variance request to waive
Transportation, sidewalk construction due to the extreme topography at this location.
Planning Engineer  Right-of-way dedication: 40’ from centerline of Riverside Drive

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

DT 3.25.10 Page 16 of 20

Page 24 of 49
U10-001

Georgia Department of
 No comments
Transportation

PUBLIC INVOLVEMENT
Required Meetings
The applicant attended the following required meetings:
Community Zoning Information Meeting held February 23, 2010 at the Sandy Springs City Hall
Community/Developer Resolution Meeting was held March 25, 2010 at the Sandy Springs City Hall

Public Comments

The public comments received regarding this case include the topics of concern written below.

That the height of the proposed columbaria would be too tall.


(The above concern has been addressed in item 1.c. of the staff recommended conditions)
The proposed columbaria would negatively affect the values of surrounding properties.
Negative impact on traffic in the area.
Cultural beliefs creating a physiological aversion to having columbaria across the street and north.

Notice Requirements
The petition was advertised in the Daily Report on April 8, 2010 and April 22, 2010. The applicant has posted a
sign issued by the Department of Community Development along the frontage of Riverside Drive on March
12, 2010.

Public Participation Plan and Report


The applicant will meet the Public Participation Plan requirements. The applicant was required to submit the
Public Participation Report seven (7) days prior to the Mayor and City Council Hearing on May 18, 2010. The
Public Participation Report will be submitted on or before May 11, 2010.

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

DT 3.25.10 Page 17 of 20

Page 25 of 49
U10-001

CONCLUSION TO FINDINGS
It is the opinion of the staff that the petition for Use Permits for the expansion of the existing retreat facility
and to establish a cemetery (columbaria) is in conformity with the policies of the Comprehensive Plan and the
intent of the Future Land Use Map. Therefore, based on these reasons, the staff recommends APPROVAL
CONDITIONAL of the petition for the Use Permits, with concurrent variances, subject to conditions.

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

DT 3.25.10 Page 18 of 20

Page 26 of 49
U10-001

STAFF RECOMMENDED CONDITIONS

Should the Mayor and City Council decide to grant the Use Permit and Concurrent Variances, the staff
recommends that the approval be subject to the following conditions. The applicant’s agreement to these
conditions would not change staff recommendations. These conditions shall prevail unless otherwise
stipulated by the Mayor and City Council.

1. To the owner’s agreement to restrict the use of the subject property as follows:

a. To a Retreat Facility and accessory uses and structures at a maximum density of 2,190.52 square
feet per acre or 37,874 gross square feet, whichever is less. (U10-001).

b. The retreat house/residence shall be limited to no more than fifty-three (53) single occupancy
lodging units.

c. To two (2) Columbaria at a maximum height of no greater than three (3) feet. (U10-002).

d. Limit the height of the buildings to no more than two (2) stories.

2. To the owner’s agreement to abide by the following:

a. To the site plan submitted to the Department of Community Development received February 2,
2010 (the “Site Plan”). Said Site Plan is conceptual only and must meet or exceed the
requirements of the Zoning Ordinance and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in
place prior to the issuance of a Certificate of Occupancy.

3. To the owner’s agreement to provide the following site development standards:

a. No more than two (2) exit/entrances on Riverside Drive; one (1) entrance only and one (1) exit
only Curb cut. Location and alignment are subject to the approval of the Director of Public
Works.

b. Provide a minimum 50 foot undisturbed natural buffer with an additional 10 foot improvement
setback buffer adjacent to all peripheral property lines except along Riverside Drive.

c. Variance from Section 19.4.28.B.2 of the Zoning Ordinance to permit curb cut access derived
from a local street. (CV10-003) (Variance #1).

d. Variance from Section 19.4.28.B.9 of the Zoning Ordinance to permit 91 parking spaces where
189 are required. No offsite parking or street parking will be allowed. (CV10-003) (Variance #2).

e. Variance from Section 11.11 of the Development Regulations to eliminate the required sidewalk
construction. (CV10-003) (Variance #3).

f. The owner/developer shall dedicate forty (40) feet of right-of-way from centerline of Riverside
Drive Road along the entire property frontage or ten and one-half (10.5) feet from back of curb,
whichever is greater, to the City of Sandy Springs.

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

DT 3.25.10 Page 19 of 20

Page 27 of 49
U10-001

g. The owner/developer shall Improve Riverside Drive along the entire property frontage,
commencing from the southernmost curb-cut northward, 14.5 feet from the center of road to
back of curb, or as may be approved by the Director of Public Works.

h. The owner/developer shall provide a deceleration lane for each project entrance or as may be
approved by the Director of Public Works.

i. The owner/developer shall contact the City Arborist, prior to the application for a Land
Disturbance Permit, to arrange an on-site evaluation of existing trees/stands, buffers, and tree
protection zones within the property boundaries.

j. The owner/developer shall maintain as a minimum, the tree density requirements as prescribed
by the City of Sandy Springs Tree Conservation Ordinance, either through the retention of
existing trees, or tree replacement, in perpetuity.

k. To reduce the zoning regulations to the extent necessary for all the existing non-conforming
(grandfathered) structure(s) to comply in accordance with the site plan received by the
Department of Community Development on February 2, 2010.

l. The owner/developer shall comply with all cemetery registration regulations as required by the
Secretary of State of the State of Georgia before issuance of a Land Disturbance Permit.

Attachments

Letter of Intent received March 19, 2010


Applicant Use Permit Considerations dated February 2, 2010
Site Plan(s) received February 2, 2010
Letter Fulton County Dept. of the Environment & Community Development received March 19, 2010
Letter City of Atlanta Department of Watershed Management received March 19, 2010
Letters of opposition dated received March 30, 2010

Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on April 15, 2010

DT 3.25.10 Page 20 of 20

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