Planning Comission Meeting Package 03.18.10

Planning Commission
March 18, 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 – 02/18/10
REZONINGS
1. RZ10-001/CV10-001 5 CZIM – 1/26/10 RZ10-001 – Approval TBD
5815 Mountain Creek Road DRB – 1/26/10 Conditional
Applicant: Eugene and Mari Jo CDRM - 2/24/10 CV10-001 #1 – Approval
Grace/Carol Jane Reynolds or 2/25/10 Conditional
 To rezone the subject property from PC – 3/18/10 CV10-001 #2 – Approval
O-I (Office and Institutional District) MCC – 4/20/10 Conditional
conditional to O-I (Office and CV10-001 #3 – Approval
Institutional District) conditional, with Conditional
concurrent variance(s), to initially
allow a Group Residence with a
future transition into a Personal
Care Home.
2. RZ10-002/CV10-002 6 CZIM – 1/26/10 RZ10-002 – Approval TBD

5790 & 5800 Mountain Creek Road DRB – 1/26/10 Conditional
Applicant: Eugene and Mari Jo CDRM - 2/24/10 CV10-002 #1 – Approval
Grace/Carol Jane Reynolds or 2/25/10 Conditional
 To rezone the subject property from PC – 3/18/10 CV10-002 #2 – Approval
O-I (Office and Institutional District) MCC – 4/20/10 Conditional
conditional to O-I (Office and CV10-002 #3 – Approval
Institutional District) conditional, Conditional
with concurrent variance(s), to
initially allow a Group Residence
with a future transition into a
Personal Care Home.
TEXT AMENDMENTS
3. TA10-001 City PC – 03/18/10 TA10-001 – Approval TBD
An Ordinance to Amend Article 12B, Wide MCC – 04/20/10
Sandy Springs Overlay District, of the
Sandy Springs Zoning Ordinance
4. TA10-002 City PC – 03/18/10 TA10-002 – Approval TBD
An Ordinance to Amend Article 33, Wide MCC – 04/20/10
Signs, of the Sandy Springs Zoning
Ordinance
RESOLUTIONS
5. A Resolution to Amend the Local City PC – 03/18/10 Approval TBD
Roadway Functional Classification Wide MCC – 04/20/10
Map of the City of Sandy Springs
Transportation Master Plan
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
Rezoning Petition No. RZ10-002/CV10-002
HEARING & MEETING DATES

Planning
Community Zoning Design Review Community Developer Mayor and City
Commission
Information Meeting Board Meeting Resolution Meeting Council Hearing
Hearing
February 24, 2010 or
January 26, 2010 January 26, 2010 March 18, 2010 April 20, 2010
February 25, 2010
APPLICANT/PETITIONER INFORMATION
Property Owners Petitioner Representative
Eugene and Mari Jo Grace/ Carol Jane
Carol Jane Reynolds Nathan V. Hendricks III
Reynolds
PROPERTY INFORMATION
Address, Land Lot, 5790 & 5800 Mountain Creek Road
and District Land Lot 70, District 17
Council District 6
200 feet of frontage along the southwest side of Mountain Creek Road. The subject
Frontage and Area
property has a total area of approximately 0.83 acres (35,913 sq.ft.).
Existing Zoning and O-I (Office and Institutional District) conditional under zoning cases Z98-009 and Z99-062.
Use The property is developed with offices.
Overlay District Urban District
2027
Comprehensive
LWR (Living-Working Regional), Node 7: Roswell Road and I-285 (Downtown)
Future Land Use
Map Designation
Proposed Zoning O-I (Office and Institutional District)
INTENT
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 GROUP RESIDENCES WITH A FUTURE
TRANSITION INTO PERSONAL CARE HOMES.
The subject property is zoned O-I (Office and Institutional District) under zoning cases Z98-009 and Z99-062 and
conditioned to office uses within the existing structures.
The applicant is requesting to rezone the subject property from O-I (Office and Institutional District) conditional to
O-I (Office and Institutional District) conditional to initially allow Group Residences with a future transition into
Personal Care Homes. The applicant states that the residence numbered 5790 Mountain Creek Road contains
three bedrooms and two bathrooms, and the intent is to house up to eight occupants. The applicant states that the
residence numbered 5800 Mountain Creek Road contains three bedrooms and two bathrooms, and the intent is to
house up to eight occupants.The occupants will be completely ambulatory and will be developmentally disabled.
The applicant intends to make improvements/renovations to the existing building that include enclosing the
existing carport into heated floor area used for common dining.
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on March 18, 2010
DT 3.1.10 Page 1 of 21
RZ10-002
A Group Residence is defined in the City Zoning Ordinance as:
• A state licensed 24-hour residential facility functioning as a single housekeeping unit for the sheltered care
of persons with special needs which, in addition to providing food and shelter, may also provide some
combination of personal care, social or counseling services and transportation. Bedroom suites shall not
include kitchen facilities. For purposes of this Ordinance, group residence/shelter shall not include those
facilities which exclusively care for children under the age of 17.
A Personal Care Home is defined in the City Zoning Ordinance as:
• A state licensed use in which domiciliary care is provided to adults who are provided with food, shelter
and personal services. This use shall not include hospitals, convalescent centers, nursing homes, hospices,
clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
The State of Georgia defines a Personal Care Home as:
• A single home, building or group of buildings where personal services (help with the essential activities of
daily living to include assistance with eating, bathing, grooming, dressing, toileting, and supervision of
medications) are provided to two or more adults not related to the owner or administrator by blood or
marriage.
NOTE: Under Chapter 111-8-62 of the State of Georgia Healthcare Facility Regulations for Personal Care Homes,
Group Residences are exempted from the regulations as follows:
• Group Residences organized by or for persons who choose to live independently or who manage their
own care and share the cost of services including but not limited to attendant care, transportation, rent,
utilities, and food preparation.
Additionally, the applicant is requesting three (3) concurrent variances as follows:
1. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s), Zoning
Buffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) to comply in
accordance with the site plan received by the Department of Community Development on January 16,
2010, and
Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weather
surface/Driveway/Parking to comply in accordance with the site plan received by the Department of
Community Development on January 16, 2010, and
3. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foot minimum
interior side setback(s) to the extent necessary for the existing structure(s) to comply in accordance with the
site plan received by the Department of Community Development on January 16, 2010.
DT 3.1.10 Page 2 of 21
RZ10-002
DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION
RZ10-002 – APPROVAL CONDITIONAL

CV10-002 #1 – APPROVAL CONDITIONAL
DESIGN REVIEW BOARD ENDORSEMENT
RZ10-002 – APPROVED
CV10-002 #1 – APPROVED
Approved (5-0), Porter, Landeck, Richard, Westmoreland and Mobley for; Gregory Absent; Lichtenstein not
voting.
PLANNING COMMISSION RECOMMENDATION
RZ10-002 – TBD
CV10-002 #1 – TBD
CV10-002 #2 – TBD
CV10-002 #3 – TBD
DT 3.1.10 Page 3 of 21
RZ10-002
Location Map
DT 3.1.10 Page 4 of 21
RZ10-002
BACKGROUND
The site is located on the southwest side of Mountain Creek Road, approximately 150 feet south of the
intersection of Carpenter Drive and Mountain Creek Road. The properties are zoned O-I (Office and
Institutional District) under zoning cases Z99-062 & Z98-009 and conditioned to office use within the
existing structure. The subject property is located within the Urban District of the Sandy Springs Overlay
District.
EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY
Square
Density
Requested Land Area Footage or
SUBJECT Proposed Use (Square Feet or
Zoning (Acres) Number of
PETITION Units per Acre)
Units
RZ09-009/
CV09-018 4,162.60 sf
O-I Personal Care Homes 0.83 (with enclosed 5,015.18 sf/acre
carports)
Location in Square
Density
relation to Land Area Footage or
Zoning Use (Square Feet or
subject (Acres) Number of
Units Per Acre)
property Units
Residence @ 5810
Northwest R-3 0.42 1 unit 2.38 units/acre
Mountain Creek Rd.
Residence @ 5805
Northeast R-3 0.50 1 unit 2.00 units/acre
Mountain Creek Rd.
Residence @ 5795
Northeast R-3 0.51 1 unit 1.96 units/acre
Mountain Creek Rd.
O-I
Office @ 5780
Southeast conditional 0.42 2,500 sf 5,952.38 sf/acre
Mountain Creek Rd.
Z02-081
A-1 Condos (Laurel Grove)
Southwest 4.90 93 units 18.98 units/acre
Z64-088 @ 346 Carpenter Dr.
DT 3.1.10 Page 5 of 21
RZ10-002
Zoning Map
DT 3.1.10 Page 6 of 21
RZ10-002
Future Land Use Map
DT 3.1.10 Page 7 of 21
RZ10-002
Subject Property (5800) Subject Property (5790)
Nextdoor to 5800 (northwest of the subject

Between 5790 & 5800 Mountain Creek Road
property/5810 Mountain Creek Rd.)
DT 3.1.10 Page 8 of 21
RZ10-002
Across the street (northeast of the subject Across the street (northeast of the subject
properties/5805 Mountain Creek Rd.) properties/5805 & 5795 Mountain Creek Rd.)
Nextdoor to 5790 (southeast of the subject

Sign (5800)
property/5780 Mountain Creek Rd.)
DT 3.1.10 Page 9 of 21
RZ10-002
Sign (5790)
DT 3.1.10 Page 10 of 21
RZ10-002
SITE PLAN ANALYSIS

The submitted site plan shows the subject properties to be rectangular, wooded, and sloping down toward
the southeast property line. The site plan also indicates the following:
• Total site area of 35,913 square feet (100%)
• 3,358 square feet of existing buildings (9.35%)
• Carport areas of 804.60 square feet (2.24%)
• 6 parking spaces (1,690 square feet or 4.70 %)
• Total impervious surface of 11,734 square feet (32.67%)
• 24,179 square feet of undeveloped and/or open space (67.33%)
PARKING IMPACT ANALYSIS

Section 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces for Health
Care Facilities as follows:
• One space for every four (4) beds, and
• One space for every three (3) employees
The proposed Personal Care Homes would have no more than sixteen (16) beds plus two (2) employees
which would require six (6) parking spaces. The applicant has provided six (6) spaces.
LANDSCAPE PLAN ANALYSIS
The site plan shows the subject property to be wooded and indicates 24,179 square feet (67.33%) square feet of
undeveloped and/or open space. Additionally, the applicant will install the required landscaping as required
by the Urban Overlay District.
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. The report, in its entirety, is within the case file as a matter of record.
DT 3.1.10 Page 11 of 21
RZ10-002
DEPARTMENT COMMENTS
The staff held a Focus Meeting on February 3, 2010 at which the following departmental comments were
provided:
If the buildings at 5815, 5790, and 5800 Mountain Creek Road are
currently used as business offices and are changed to a Residential
Board and Care or Day Care occupancy, Section 4.6.11 of the 2000 Life
Safety Code would require that they be brought into compliance with
Sandy Springs
all of the 2006 ICC codes, the Georgia Accessibility Code, and the 2000
Building Plan
Life Safety Code. The occupant load factor would be 200 s.f. per person
Reviewer
for a Residential Board and Care occupancy and 35 s.f. per person for a
Day Care occupancy. Some, but not all of the items that may be
required are fire sprinklers, fire partitions, and secondary means of
escape from sleeping rooms.
Sandy Springs
DEVELOPMENT
Any permit applications involving site development shall comply with

BUILDING &
Engineering Plan
DIVISION
applicable stormwater management, and erosion control ordinances.

Reviewer
If the MCC chooses to approve the rezoning and concurrent variances a
Sandy Springs
condition could be added that the required landscape strips and zoning
Landscape
buffers be planted to meet the minimum standards as approved by the
Architect/Arborist
City Arborist.
DT 3.1.10 Page 12 of 21
RZ10-002
The change in occupancy classifies these structures as New Residential

Board and Care Occupancies and must comply with NFPA 101: 32.2 as
amended in 120-3-3 if there are 4-6 people which is “small” board and
care, over 6 people is large (sprinklers are required). DHR requires
licensing at 2 or more people.
For reference:
“3.3.134.13 Residential Board and Care Occupancy (Specifically

Personal Care Homes/Facilities and/or Assisted Living Homes/Facilities
as licensed by the Department of Human Resources). A building, or
part thereof, which is used for lodging and boarding of four or more
residents, not related by blood or marriage to the owners or operators, for
the purpose of providing personal care services. Any facility providing
lodging and boarding and personal care for four or more residents who
are mostly incapable of self-preservation, except brain injury centers,
because of physical or mental disability shall be classified as a health care
occupancy and shall meet the appropriate provisions of other chapters of
this Code for health care occupancies.”
GA state amendment to NFPA 101;

FIRE DEPT.
(b) Modifications to Chapter 2:

Sandy Springs Fire
Protection Engineer
2. Add the following definitions to section 202:
“Day-care Center - A day-care facility subject to licensure or commission

by the Department of Human Resources where more than 12 clients
receive care.”
“Group Day-care Home - A day-care facility subject to licensure or

commission by the Department of Human Resources where at least seven
but not more than 12 clients receive care.”
“Personal Care Home/Assisted Living Facility - Any building or part

thereof that is used for the lodging or boarding of residents, not related
by blood or marriage to the owners or operators, for the purpose of
providing personal care services and licensed as a personal care home or
assisted living facility.”
“Residential Occupancies. Occupancies, as specified in the scope of this

standard, include the following, as defined in Chapter 2 of this Code, or
the IBC, or by State law, or by the Rules and Regulations of the Georgia
Safety Fire Commissioner: (1) Apartment buildings, (2) Lodging and
rooming houses, (3) Board and care facilities, (4) Hotels, motels, and
dormitories, (5) Personal care homes and assisted living facilities , (6)
Day-care centers and group day-care homes.”
DT 3.1.10 Page 13 of 21
RZ10-002
TRANSPORTATION Sandy Springs Right-of-way dedication: 30’ from centerline of Mountain Creek Rd.
Transportation
Public Works does not anticipate that the proposed use permit will cause an
Planner
excessively burdensome use of existing streets or transportation facilities.
Georgia Department
There are no GDOT projects at the location for petition RZ10-002.
of Transportation
The staff has not received any additional comments from the Fulton County Board of Education.
PUBLIC INVOLVEMENT
Required Meetings
The applicant attended the following required meetings:
− Community Zoning Information Meeting held January 26, 2010 at the Sandy Springs City Hall
− Community/Developer Resolution Meeting held February 25, 2010 at the Sandy Springs City Hall
Public Comments (Please see attached letters)
Community input includes the following:
• The proposed use’s situation regarding security and wellbeing for not only the surrounding
neighborhood, but for the future occupants of the Personal Care Homes.
(the applicant stated two (2) full time employees would oversee the overall operation)
• The facility’s policy regarding inappropriate and/or illegal behavior.
(the applicant stated a policy would be implemented and enforced)
• Building Code and septic compliance for occupancy
(addressed by the Staff Recommended Conditions)
Notice Requirements
The petition will be advertised in the Daily Report on March 11, 2010 and March 25, 2010. The applicant
posted signs issued by the Department of Community Development along the frontage of Mountain Creek
Road on February 12, 2010.
Public Participation Plan and Report

The applicant has met the Public Participation Plan requirements. The applicant will be required to submit the
Public Participation Report seven (7) days prior to the Mayor and City Council Hearing on April 20, 2010. The
Public Participation Report must be submitted on or before April 13, 2010.
DT 3.1.10 Page 14 of 21
RZ10-002
ZONING IMPACT ANALYSIS

Per Article 28.4.1, Zoning Impact Analysis by the Planning Commission and the Department, the staff shall make a
written record of its investigation and recommendation on each rezoning petition with respect to the following
factors:
A. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and
nearby property.
Finding: The staff is of the opinion that the proposed Personal Care Homes are appropriate in view of
the density and use of the surrounding developments.
B. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.
Finding: The staff is of the opinion that the proposal is not expected to adversely affect the existing use or
usability of adjacent commercial and residential properties.
C. Whether the property to be affected by the zoning proposal may have reasonable economic use as currently zoned.
Finding: The staff is of the opinion that the property has a reasonable economic use as currently zoned.
D. Whether the zoning proposal will result in a use which will or could cause an excessive burdensome use of existing
streets, transportation facilities, utilities, or schools.
Finding: The staff is of the opinion that the proposal will not result in a use which will cause an excessive
or burdensome use of the existing infrastructure.
Public Works does not anticipate that the proposed use permit will cause an excessively
burdensome use of existing streets or transportation facilities.
E. Whether the zoning proposal is in conformity with the policies and intent of the land use plan.
Finding: The staff is of the opinion that the proposed use is consistent with the Future Land Use Map,
which designates the property as Living-Working Regional (LWR). The proposal lends itself to
the overall intent of the LWR designated areas that are intended for high intensity/density
mixed land uses (residential and commercial) intended for major transportation areas and areas
having significant concentrations of employment. The LWR land use designation recommends:
Over 20 units/acre of residential density, over 25,000 sf/acre of business density, a case-by-case
square foot/tenant limitation, an unlimited height restriction, and 20% of Open/Green Space
(15% must be Green Space and the remaining 5% may be Open or Green Space).
The site plan provided by the applicant indicates the proposed density for the subject parcels
are 5,015.18 sf/acre and indicates the total Open Space provided as follows:

• Two (2) one (1) story buildings
DT 3.1.10 Page 15 of 21
RZ10-002
The applicant is proposing to allow for a use consistent with O-I zoning. The subject property
provides adequate buffering to adjacent Protected Neighborhoods to the east and the use would
be in keeping with appropriate transition to the more intense uses to the west. Additionally,
Live-work developments should ensure walkable development patterns, and the applicant
would provide the required Urban Overlay District streetscape to include lighted and shaded
sidewalks.
The subject site is located in Living Working Node 7: Roswell Road and I-285 (Downtown).
The vision, guidelines, and policies of Node 7 is as follows:
• The area should be dedicated for high density commercial, office, and residential uses.
• This area should be considered for some of the highest densities in the City.
• Consolidation of properties and the collective redevelopment of multiple properties

should be encouraged in the area to perpetuate economic vitality, increased green space,
and an improved transportation system.
• Residential density should be above 20 units per acre. Commercial and office densities
should be above 25,000 square feet per acre. Building heights should not be limited in
this area. At least 15% of a site shall be maintained as open and green space.
• Densities and heights of a significant nature should not be supported on properties less
than four (4) acres in size. Increased levels of open and green space, limiting direct
vehicular access to Roswell Road, and improving the area’s transportation network shall
be important considerations for the highest densities and building heights.
• The transition of densities and heights to levels similar to those in the Town Center area
should be considered on the northern boundary of the area along Cliftwood Drive and
Carpenter Drive.
• Automobile-oriented uses should be discouraged from this area.
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.
Finding: The staff is of the opinion that there are no existing or changing conditions affecting the use and
development of the property, which give supporting grounds for approval or denial of the
applicant’s proposal.
G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural
resources, environment and citizens of Sandy Springs.
Finding: The staff is of the opinion that the zoning proposal will not permit a use which can be
considered environmentally adverse to the natural resources, environment and citizens of
Sandy Springs.
DT 3.1.10 Page 16 of 21
RZ10-002
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 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s),
Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) to
comply in accordance with the site plan received by the Department of Community Development on
January 16, 2010.
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 structures are existing and sufficiently buffered.
Therefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the required
Landscape Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing
structure(s) to comply in accordance with the site plan received by the Department of Community Development
on January 16, 2010.
Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weather
Community Development on January 16, 2010.
proposal will not pose a detriment to the public because the proposed parking spaces would be sufficiently
screened from adjoining properties. Therefore, based on these reasons, the staff recommends APPROVAL of the
variance to reduce the required Landscape Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent
necessary to allow for proposed All-weather surface/Driveway/Parking to comply in accordance with the site plan
received by the Department of Community Development on January 16, 2010.
DT 3.1.10 Page 17 of 21
RZ10-002
3. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foot
minimum interior side setback(s) to the extent necessary for the existing structure(s) to comply in
2010.
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 current setbacks are existing and
the spacing between structures has been sufficient. Therefore, based on these reasons, the staff
recommends APPROVAL of the variance to reduce the required twenty (20) foot minimum interior side
setback(s) to the extent necessary for the existing structure(s) to comply in accordance with the site plan
received by the Department of Community Development on January 16, 2010.
DT 3.1.10 Page 18 of 21
RZ10-002
CONCLUSION TO FINDINGS
It is the opinion of the staff that the proposal is in conformity with the intent of the Comprehensive Plan
Policies and the Future Land Use Map, as the proposal involves a use and density that is consistent with
nearby properties. Therefore, based on these reasons, the staff recommends APPROVAL CONDITIONAL of
this petition. The staff also recommends approval of the associated concurrent variances numbered 1 through
3.
DT 3.1.10 Page 19 of 21
RZ10-002
STAFF RECOMMENDED CONDITIONS

Should the Mayor and City Council decide to approve the petition 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 allow for a Group Residence with a future transition into a Personal Care Home, the staff
recommends 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 Group Residences or Personal Care Homes.
b. To one 2,101.04 square foot building and to a second 2,061.56 square foot building developed at
a total density of 5,015.18 square feet per acre.
c. To no more than eight (8) occupants in each home (16 total) at any given time.
2. To the owner’s agreement to abide by the following:
a. To the site plan received by the Department of Community Development on January 16, 2010.
Said site plan is conceptual only and must meet or exceed the requirements of the Zoning
Ordinance, the Development Standards contained therein, and these conditions prior to the
approval of a Land Disturbance Permit. The applicant shall be required to complete the concept
review procedure prior to application for 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.
b. The required and/or provided landscape strip(s) and zoning buffer(s) shall be planted to meet
the minimum standards as approved by the City Arborist.
c. To planting the required landscape strips and zoning buffers to meet the minimum standards as
approved by the City Arborist.
d. To obtain a Certificate of Occupancy from the City prior to establishing the Group Residence
uses. To obtain a second Certificate of Occupancy from the City prior to establishing the
Personal Care Home uses.
3. To the owner’s agreement to provide the following site development standards:
a. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape
Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing
structure(s) to comply in accordance with the site plan received by the Department of
Community Development on January 16, 2010 (CV10-002).
b. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape
Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for
proposed All-weather surface/Driveway/Parking to comply in accordance with the site plan
received by the Department of Community Development on January 16, 2010 (CV10-002).
DT 3.1.10 Page 20 of 21
RZ10-002
c. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foot
minimum interior side setback(s) to the extent necessary for the existing structure(s) to comply
in accordance with the site plan received by the Department of Community Development on
January 16, 2010 (CV10-002).
d. The owner/developer shall dedicate 30 (30) feet of right-of-way from centerline of Mountain
Creek 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.
Attachments
Site Plans dated received January 16, 2010

Rendering(s) dated received January 14, 2010
Letters of Intent dated received January 8, 2010
1st Amendment to the letter of intent dated received January 15, 2010
2nd Amendment to the letter of intent dated received January 16, 2010
Applicant Zoning Impact Analysis dated received January 8, 2010
Letter Fulton County Dept. of the Environment & Community Development received February 16, 2010
Letter Fulton County Dept. of Health and Wellness received February 25, 2010
Septic System Documentation dated received February 26, 2010
DT 3.1.10 Page 21 of 21
Rezoning Petition No. RZ10-001/CV10-001
HEARING & MEETING DATES

Planning
Community Zoning Design Review Community Developer Mayor and City
Commission
Information Meeting Board Meeting Resolution Meeting Council Hearing
Hearing
January 26, 2010 January 26, 2010 February 25, 2010 March 18, 2010
April 20, 2010
APPLICANT/PETITIONER INFORMATION
Property Owners Petitioner Representative
Eugene and Mari Jo Grace Carol Jane Reynolds Nathan V. Hendricks III
PROPERTY INFORMATION
Address, Land Lot, 5815 Mountain Creek Road
and District Land Lot 70, District 17
Council District 5
100 feet of frontage along the northeast side of Mountain Creek Road. The subject
Frontage and Area
property has a total area of approximately 0.52 acres (22,424 sq.ft.).
Existing Zoning and O-I (Office and Institutional District) conditional under zoning case Z88-085. The property
Use is developed with an office.
Overlay District Urban District
2027
Comprehensive
LWN (Living-Working Neighborhood), Node 7: Roswell Road and I-285 (Downtown)
Future Land Use
Map Designation
Proposed Zoning O-I (Office and Institutional District)
INTENT
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.
The subject property is zoned O-I (Office and Institutional District) under zoning case Z88-085 and conditioned to
office use within the existing structure.
The applicant is requesting to rezone the subject property from O-I (Office and Institutional District) conditional to
O-I (Office and Institutional District) conditional to initially allow a Group Residence with a future transition into
a Personal Care Home. The applicant states that the residence contains five bedrooms and three bathrooms, and
the intent is to house up to eight occupants. The occupants will be completely ambulatory and will be
developmentally disabled. The applicant intends to make improvements/renovations to the existing building that
include enclosing the existing carport into heated floor area used for common dining.
A Group Residence is defined in the City Zoning Ordinance as:
• A state licensed 24-hour residential facility functioning as a single housekeeping unit for the sheltered care
of persons with special needs which, in addition to providing food and shelter, may also provide some
combination of personal care, social or counseling services and transportation. Bedroom suites shall not
include kitchen facilities. For purposes of this Ordinance, group residence/shelter shall not include those
facilities which exclusively care for children under the age of 17.
DT 3.10.10 Page 1 of 20
RZ10-001
A Personal Care Home is defined in the City Zoning Ordinance as:
• A state licensed use in which domiciliary care is provided to adults who are provided with food, shelter
and personal services. This use shall not include hospitals, convalescent centers, nursing homes, hospices,
clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
The State of Georgia defines a Personal Care Home as:
• A single home, building or group of buildings where personal services (help with the essential activities of
daily living to include assistance with eating, bathing, grooming, dressing, toileting, and supervision of
medications) are provided to two or more adults not related to the owner or administrator by blood or
marriage.
NOTE: Under Chapter 111-8-62 of the State of Georgia Healthcare Facility Regulations for Personal Care Homes,
Group Residences are exempted from the regulations as follows:
• Group Residences organized by or for persons who choose to live independently or who manage their
own care and share the cost of services including but not limited to attendant care, transportation, rent,
utilities, and food preparation.
Additionally, the applicant is requesting three (3) concurrent variances as follows:
Buffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) to comply in
2010, and
Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weather
Community Development on January 16, 2010, and
3. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foot minimum
interior side setback(s) to the extent necessary for the existing structure(s) to comply in accordance with the
site plan received by the Department of Community Development on January 16, 2010.
DT 3.10.10 Page 2 of 20
RZ10-001
DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION
RZ10-001 – APPROVAL CONDITIONAL

DESIGN REVIEW BOARD ENDORSEMENT
RZ10-001 – APPROVED
Approved (5-0), Porter, Landeck, Richard, Westmoreland and Mobley for; Gregory Absent; Lichtenstein not
voting.
PLANNING COMMISSION RECOMMENDATION
RZ10-001 – TBD
CV10-001 #1 – TBD
CV10-001 #2 – TBD
CV10-001 #3 – TBD
DT 3.10.10 Page 3 of 20
RZ10-001
Location Map
DT 3.10.10 Page 4 of 20
RZ10-001
BACKGROUND
The site is located on the northeast side of Mountain Creek Road, approximately 60 feet south of the
intersection of Carpenter Drive and Mountain Creek Road. The property is zoned O-I (Office and
Institutional District) under zoning case Z88-085 and conditioned to office use within the existing
structure. The subject property is located within the Urban District of the Sandy Springs Overlay
District.
EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY
Square
Density
Requested Land Area Footage or
SUBJECT Proposed Use (Square Feet or
Zoning (Acres) Number of
PETITION Units per Acre)
Units
RZ09-009/
CV09-018 1,846.26 sf
O-I Personal Care Home 0.52 (with enclosed 3,550.50 sf/acre
carport)
Location in Square
Density
relation to Land Area Footage or
Zoning Use (Square Feet or
subject (Acres) Number of
Units Per Acre)
property Units
Residence @ 5825
Northwest R-3 0.49 1 unit 2.04 units/acre
Mountain Creek Rd.
Northeast R-3 Vacant Land 2.91 _____ _____
Residence @ 5805
Southeast R-3 0.50 1 unit 2.00 units/acre
Mountain Creek Rd.
Residence @ 5810
Southwest R-3 0.42 1 unit 2.38 units/acre
Mountain Creek Rd.
C-1 2nd Church of Christ.
Southwest conditional Scientist @ 347 0.44 3,242 sf 7,418.76 sf/acre
RZ07-011 Carpenter Dr.
DT 3.10.10 Page 5 of 20
RZ10-001
Zoning Map
DT 3.10.10 Page 6 of 20
RZ10-001
Future Land Use Map
DT 3.10.10 Page 7 of 20
RZ10-001
Next door (northwest of the subject property) 5825

Subject Property
Mountain Creek Rd.
Next door (southeast of the subject property) 5805 Across the street (southwest of the subject property)
Mountain Creek Rd. 5810 Mountain Creek Rd. & 347 Carpenter Dr.
DT 3.10.10 Page 8 of 20
RZ10-001
Sign
DT 3.10.10 Page 9 of 20
RZ10-001
SITE PLAN ANALYSIS
The submitted site plan shows the subject property to be rectangular, wooded, and sloping down toward the
northern corner. The site plan also indicates the following:
• Total site area of 22,424 square feet (100%)
• 1,434 square feet of existing building (6.39%)
• Carport area of 412.76 square feet (1.84%)
• 3 parking spaces (750 square feet or 3.34%)
• Total impervious surface of 5,470 square feet (24.39%)
PARKING IMPACT ANALYSIS
Section 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces for Health
Care Facilities as follows:
• One space for every four (4) beds, and
• One space for every three (3) employees
The proposed Personal Care Home would have no more than eight (8) beds plus one (1) employee which
would require three (3) parking spaces. The applicant has provided three (3) spaces.
LANDSCAPE PLAN ANALYSIS
The site plan shows the subject property to be wooded and indicates 16,874 (75.61%) square feet of
undeveloped and/or open space. Additionally, the applicant will install the required landscaping as required
by the Urban Overlay District.
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. The report, in its entirety, is within the case file as a matter of record.
DT 3.10.10 Page 10 of 20
RZ10-001
DEPARTMENT COMMENTS
The staff held a Focus Meeting on February 3, 2010 at which the following departmental comments were
provided:
If the buildings at 5815, 5790, and 5800 Mountain Creek Road are
currently used as business offices and are changed to a Residential
Board and Care or Day Care occupancy, Section 4.6.11 of the 2000 Life
Safety Code would require that they be brought into compliance with
Sandy Springs
all of the 2006 ICC codes, the Georgia Accessibility Code, and the 2000
Building Plan
Life Safety Code. The occupant load factor would be 200 s.f. per person
Reviewer
for a Residential Board and Care occupancy and 35 s.f. per person for a
Day Care occupancy. Some, but not all of the items that may be
required are fire sprinklers, fire partitions, and secondary means of
escape from sleeping rooms.
Sandy Springs
DEVELOPMENT DIVISION
Any permit applications involving site development shall comply with

Engineering Plan
applicable stormwater management, and erosion control ordinances.
Reviewer
BUILDING &
If the MCC chooses to approve the rezoning and concurrent variances a

condition could be added that the required landscape strips and zoning
buffers be planted to meet the minimum standards as approved by the
Sandy Springs
City Arborist. The installation of the parking in the rear will encroach
Landscape
into the critical root zone of two landmark trees. If the rezoning and
Architect/Arborist
concurrent variances are approved the applicant will be required to
provide canopy mitigation for the landmark trees at the time of issuance
of a land disturbance permit.
DT 3.10.10 Page 11 of 20
RZ10-001
The change in occupancy classifies these structures as New Residential

Board and Care Occupancies and must comply with NFPA 101: 32.2 as
amended in 120-3-3 if there are 4-6 people which is “small” board and
care, over 6 people is large (sprinklers are required). DHR requires
licensing at 2 or more people.
For reference:
“3.3.134.13 Residential Board and Care Occupancy (Specifically

Personal Care Homes/Facilities and/or Assisted Living Homes/Facilities
as licensed by the Department of Human Resources). A building, or
part thereof, which is used for lodging and boarding of four or more
residents, not related by blood or marriage to the owners or operators, for
the purpose of providing personal care services. Any facility providing
lodging and boarding and personal care for four or more residents who
are mostly incapable of self-preservation, except brain injury centers,
because of physical or mental disability shall be classified as a health care
occupancy and shall meet the appropriate provisions of other chapters of
this Code for health care occupancies.”
GA state amendment to NFPA 101;

FIRE DEPT.
(b) Modifications to Chapter 2:

Sandy Springs Fire
Protection Engineer
2. Add the following definitions to section 202:
“Day-care Center - A day-care facility subject to licensure or commission

by the Department of Human Resources where more than 12 clients
receive care.”
“Group Day-care Home - A day-care facility subject to licensure or

commission by the Department of Human Resources where at least seven
but not more than 12 clients receive care.”
“Personal Care Home/Assisted Living Facility - Any building or part

thereof that is used for the lodging or boarding of residents, not related
by blood or marriage to the owners or operators, for the purpose of
providing personal care services and licensed as a personal care home or
assisted living facility.”
“Residential Occupancies. Occupancies, as specified in the scope of this

standard, include the following, as defined in Chapter 2 of this Code, or
the IBC, or by State law, or by the Rules and Regulations of the Georgia
Safety Fire Commissioner: (1) Apartment buildings, (2) Lodging and
rooming houses, (3) Board and care facilities, (4) Hotels, motels, and
dormitories, (5) Personal care homes and assisted living facilities , (6)
Day-care centers and group day-care homes.”
DT 3.10.10 Page 12 of 20
RZ10-001
TRANSPORTATION
Sandy Springs Right-of-way dedication: 30’ from centerline of Mountain Creek Rd.
Transportation
Public Works does not anticipate that the proposed use permit will cause an
Planner excessively burdensome use of existing streets or transportation facilities.
Georgia Department
There are no GDOT projects at the location for petition RZ10-001.
of Transportation
The staff has not received any additional comments from the Fulton County Board of Education.
PUBLIC INVOLVEMENT
Required Meetings
The applicant attended the following required meetings:
− Community Zoning Information Meeting held January 26, 2010 at the Sandy Springs City Hall
− Community/Developer Resolution Meeting held February 25, 2010 at the Sandy Springs City Hall
Public Comments (Please see attached letters)
Community input includes the following:
• The proposed use’s situation regarding security and wellbeing for not only the surrounding
neighborhood, but for the future occupants of the Personal Care Home.
(the applicant stated a full time employee would oversee the operation)
• The facility’s policy regarding inappropriate and/or illegal behavior.
(the applicant stated a policy would be implemented and enforced)
• Building Code compliance for occupancy
• Screening of proposed new section of driveway and rear parking from 5805 Mountain Creek Rd.
Notice Requirements
The petition will be advertised in the Daily Report on March 11, 2010 and March 25, 2010. The applicant
posted a sign issued by the Department of Community Development along the frontage of Mountain Creek
Road on February 12, 2010.
Public Participation Plan and Report

The applicant has met the Public Participation Plan requirements. The applicant will be required to submit the
Public Participation Report seven (7) days prior to the Mayor and City Council Hearing on April 20, 2010. The
Public Participation Report must be submitted on or before April 13, 2010.
DT 3.10.10 Page 13 of 20
RZ10-001
ZONING IMPACT ANALYSIS

Per Article 28.4.1, Zoning Impact Analysis by the Planning Commission and the Department, the staff shall make a
written record of its investigation and recommendation on each rezoning petition with respect to the following
factors:
A. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and
nearby property.
Finding: The staff is of the opinion that the proposed Personal Care Home is appropriate in view of the
density and use of the surrounding developments.
B. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.
Finding: The staff is of the opinion that the proposal is not expected to adversely affect the existing use or
usability of adjacent commercial and residential properties.
C. Whether the property to be affected by the zoning proposal may have reasonable economic use as currently zoned.
Finding: The staff is of the opinion that the property has a reasonable economic use as currently zoned.
D. Whether the zoning proposal will result in a use which will or could cause an excessive burdensome use of existing
streets, transportation facilities, utilities, or schools.
Finding: The staff is of the opinion that the proposal will not result in a use which will cause an excessive
or burdensome use of the existing infrastructure.
Public Works does not anticipate that the proposed use permit will cause an excessively
burdensome use of existing streets or transportation facilities.
E. Whether the zoning proposal is in conformity with the policies and intent of the land use plan.
Finding: The staff is of the opinion that the proposed use is consistent with the Future Land Use Map,
which designates the property as Living-Working Neighborhood (LWN). The proposal lends
itself to the overall intent of the LWN designated areas that are intended for lower density
mixed land uses (residential and commercial) intended to serve a group of adjacent
neighborhoods and to be compatible with lower density residential neighborhoods. The LWN
land use designation recommends: Up to 5 units/acre of residential density, 10,000 sf/acre of
business density, a 30,000 square foot/tenant limitation, a height limit of 2 stories, and 10% of
Open/Green Space (5% must be Green Space and the remaining 5% may be Open or Green
Space).
The site plan provided by the applicant indicates the proposed density for the subject parcel is
3,550.50 sf/acre and indicates the total Open Space provided as follows:

• A one (1) story building
DT 3.10.10 Page 14 of 20
RZ10-001
The applicant is proposing to allow for a use consistent with O-I zoning. The subject property
provides adequate buffering to adjacent Protected Neighborhoods to the east and the use would
be in keeping with appropriate transition to the more intense uses to the west. Additionally,
Live-work developments should ensure walkable development patterns, and the applicant
would provide the required Urban Overlay District streetscape to include lighted and shaded
sidewalks.
The subject site is located in Living Working Node 7: Roswell Road and I-285 (Downtown).
The vision, guidelines, and policies of Node 7 is as follows:
• The area should be dedicated for high density commercial, office, and residential uses.
• This area should be considered for some of the highest densities in the City.
• Consolidation of properties and the collective redevelopment of multiple properties

should be encouraged in the area to perpetuate economic vitality, increased green space,
and an improved transportation system.
• Residential density should be above 20 units per acre. Commercial and office densities
should be above 25,000 square feet per acre. Building heights should not be limited in
this area. At least 15% of a site shall be maintained as open and green space.
• Densities and heights of a significant nature should not be supported on properties less
than four (4) acres in size. Increased levels of open and green space, limiting direct
vehicular access to Roswell Road, and improving the area’s transportation network shall
be important considerations for the highest densities and building heights.
• The transition of densities and heights to levels similar to those in the Town Center area
should be considered on the northern boundary of the area along Cliftwood Drive and
Carpenter Drive.
• Automobile-oriented uses should be discouraged from this area.
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.
Finding: The staff is of the opinion that there are no existing or changing conditions affecting the use and
development of the property, which give supporting grounds for approval or denial of the
applicant’s proposal.
G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural
resources, environment and citizens of Sandy Springs.
Finding: The staff is of the opinion that the zoning proposal will not permit a use which can be
considered environmentally adverse to the natural resources, environment and citizens of
Sandy Springs.
DT 3.10.10 Page 15 of 20
RZ10-001
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:
Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) to
comply in accordance with the site plan received by the Department of Community Development on
January 16, 2010.
proposal will not pose a detriment to the public because the structures are existing and sufficiently buffered.
Landscape Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing
structure(s) to comply in accordance with the site plan received by the Department of Community Development
on January 16, 2010.
Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weather
Although two (2) Landmark Oak Trees, will be lost, 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
proposed parking spaces would be sufficiently screened from adjoining properties, and the applicant will be
required to provide canopy mitigation for the landmark trees at the time of issuance of a land disturbance permit.
Landscape Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed
All-weather surface/Driveway/Parking to comply in accordance with the site plan received by the Department of
DT 3.10.10 Page 16 of 20
RZ10-001
3. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foot
minimum interior side setback(s) to the extent necessary for the existing structure(s) to comply in
2010.
proposal will not pose a detriment to the public because the current setbacks are existing and the spacing between
structures has been sufficient. Therefore, based on these reasons, the staff recommends APPROVAL of the
variance to reduce the required twenty (20) foot minimum interior side setback(s) to the extent necessary for the
existing structure(s) to comply in accordance with the site plan received by the Department of Community
Development on January 16, 2010.
DT 3.10.10 Page 17 of 20
RZ10-001
CONCLUSION TO FINDINGS
It is the opinion of the staff that the proposed use in conformity with the intent of the Comprehensive Plan
Policies and the Future Land Use Map, as the proposal involves a use and density that is consistent with
nearby properties. Therefore, based on these reasons, the staff recommends APPROVAL CONDITIONAL of
this petition. The staff also recommends approval of the associated concurrent variances numbered 1 through
3.
DT 3.10.10 Page 18 of 20
RZ10-001
STAFF RECOMMENDED CONDITIONS
Should the Mayor and City Council decide to approve the petition 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 allow for a Group Residence with a future transition into a Personal Care Home, the staff
recommends 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 Group Residence or a Personal Care Home.
b. To a 1,846.26 square foot building developed at a density of 3,550.50 square feet per acre.
c. To no more than eight (8) occupants at any given time.
2. To the owner’s agreement to abide by the following:
a. To the site plan received by the Department of Community Development on January 16, 2010.
Said site plan is conceptual only and must meet or exceed the requirements of the Zoning
Ordinance, the Development Standards contained therein, and these conditions prior to the
approval of a Land Disturbance Permit. The applicant shall be required to complete the concept
review procedure prior to application for 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.
b. The required and/or provided landscape strip(s) and zoning buffer(s) shall be planted to meet
the minimum standards as approved by the City Arborist.
c. Provide a six (6) foot high opaque privacy fence along the southeast side property line from the
most southern portion of the proposed driveway to the most northern portion of the proposed
driveway, adjoining the proposed parking spaces.
d. To planting the required landscape strips and zoning buffers to meet the minimum standards as
approved by the City Arborist.
e. To obtain a Certificate of Occupancy from the City prior to establishing the Group Residence
use. To obtain a second Certificate of Occupancy from the City prior to establishing the
Personal Care Home use.
3. To the owner’s agreement to provide the following site development standards:
a. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape
Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing
structure(s) to comply in accordance with the site plan received by the Department of
Community Development on January 16, 2010 (CV10-001).
b. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape
Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for
proposed All-weather surface/Driveway/Parking to comply in accordance with the site plan
received by the Department of Community Development on January 16, 2010 (CV10-001).
DT 3.10.10 Page 19 of 20
RZ10-001
c. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foot
minimum interior side setback(s) to the extent necessary for the existing structure(s) to comply
in accordance with the site plan received by the Department of Community Development on
January 16, 2010 (CV10-001).
d. The owner/developer shall dedicate 30 (30) feet of right-of-way from centerline of Mountain
Creek 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.
Attachments
Site Plans dated received January 16, 2010

Rendering(s) dated received January 14, 2010
Letters of Intent dated received January 8, 2010
1st Amendment to the letter of intent dated received January 15, 2010
2nd Amendment to the letter of intent dated received January 16, 2010
Applicant Zoning Impact Analysis dated received January 8, 2010
Letter Fulton County Dept. of the Environment & Community Development received February 16, 2010
Letter Fulton County Dept. of Health and Wellness received February 25, 2010
DT 3.10.10 Page 20 of 20
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 2 0
Lee Duncan
Post 2
Term Exp:
1/31/12 1 1 2 0
Wayne
Thatcher
Post 3
Term Exp:
1/31/12 1 1 2 0
Al Pond
Post 4
Term Exp:
1/31/13 1 1 2 0
David
Rubenstein
Post 5
Term Exp:
1/31/13 1 1 2 0
Don Boyken
Post 6
Term Exp:
1/31/10 1 1 0
Steve Tart
Post 6
Term Exp:
1/31/14 1 1 0
Susan Maziar
Post 7
Term Exp:
1/31/14 0 1 1
1 = Present 0 = Absent * = MTG Cancelled ** = Special Called MTG
Planning Commission
February 18, 2009
Meeting Minutes
Lee Duncan (Chair), Wayne Thatcher (Vice Chair), Roger Rupnow, Steve Tart, David
Board Members Present
Rubenstein, Susan Maziar, and Al Pond
Board Members Absent None
Chris Miller, Patrice Ruffin, Cesar Geraldo, Linda Abaray, Mark Moore, Doug Trettin,
Staff Present
Gloria Goins, Nathan Ippolito, and Terry Robinson
CALL to Order Lee Duncan called the meeting to order at 7:00 p.m.
APPROVAL OF AGENDA
ACTION: Rubenstein moved to amend the agenda to add the election of officers as follows: Duncan as Chair and
Thatcher as Vice Chair. Rupnow seconded. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for;
Duncan not voting; Tart abstaining).
ACTION: Rubenstein moved to approve the agenda as amended. Rupnow seconded.

Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart abstaining).
PUBLIC COMMENT – No Public Comment

PREVIOUS MINUTES
ACTION: Rubenstein moved to approve Meeting Minutes of January 21, 2010. Rupnow seconded.
REZONING
1. RZ09-006/CV09-015
1155 Mount Vernon Highway
SUMMARY/STAFF PRESENTATION: To rezone the subject property from C-1 (Community Business District)
conditional to C-1 (Community Business District) conditional, with concurrent variance(s), to allow a new fast food
restaurant.
Applicant Presentation:
Jeff Dehner, 6400 Powers Ferry Rd., Atlanta, GA. 30339
Ashley Spering, 1165 Sanctuary Pkwy, Alpharetta, GA. 30009
Gary Bogo, 1165 Sanctuary Pkwy, Alpharetta, GA. 30009
(Invitation for public comment in support of and in opposition to the petition)
● Support for the Petition:

None
● Against the Petition:

Bill Grossman, 5061 Hidden Branches Dr., Dunwoody, GA. 30338
Mary Jo Marx, 7050 Hunters Branch Dr., Sandy Springs, GA. 30328
Trisha Thompson, On File
PAGE 1 OF 4
(Close of public hearing. Planning Commission questions and discussion)
ACTION: Thatcher moved to recommend 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). Rupnow seconded. Approved (5-0, Thatcher, Boyken, Rupnow, Pond, and Rubenstein for; Duncan not
voting; Maziar absent).
ACTION: Maziar moved to recommend denial of RZ09-009/CV09-015. Rupnow seconded. Approved (5-0, Thatcher,
Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart abstaining). The Commission expressed concern
over opposition by certain community associations and continued enforcement of the original zoning condition limiting
the shopping center to one [drive-through] fast food restaurant.
ACTION: Rubenstein moved the Commission recommend to express the following issue regarding the aforementioned
denial of RZ09-009/CV09-015: Lack of pedestrian connectivity to the adjacent Crown Pointe office property to the east.
Maziar seconded. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart
abstaining).
ACTION: Rubenstein moved the Commission recommended to express the following issue regarding the
aforementioned denial of RZ09-009/CV09-015: Insufficient green space not meeting the policy standard of 15% for the
entire shopping center. Rupnow seconded. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for;
Duncan not voting; Tart abstaining).
aforementioned denial of RZ09-009/CV09-015: Insufficient quality of traffic circulation and directional/way-finding
signage for the entire shopping center. Maziar seconded. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and
Rubenstein for; Duncan not voting; Tart abstaining).
aforementioned denial of RZ09-009/CV09-015: Lack of thoughtful provision for employee parking for the proposed
Wendy's perhaps to be located adjacent to and west of the throat of the vehicular ingress/egress on Perimeter Center
West. Rupnow seconded. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart
abstaining).
aforementioned denial of RZ09-009/CV09-015: Deficiency in traffic circulation in and around the Chick-Fil-A outparcel.
Thatcher seconded. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart
abstaining).
aforementioned denial of RZ09-009/CV09-015: Lack of true pedestrian access from the MARTA facility to the proposed
Wendy's and to the shopping center as a whole. Rupnow seconded. Approved (5-0, Thatcher, Pond, Maziar, Rupnow,
and Rubenstein for; Duncan not voting; Tart abstaining).
2. RZ09-011
6550 Roswell Road (SR 9)
SUMMARY/STAFF PRESENTATION: To rezone the subject property from C-1 conditional to C-1 to allow clinic use in
the existing building.
Gerald Benda, 1801, Peachtree St. Ste 330, Atlanta, GA. 30309

None

None
ACTION: Pond moved to recommend approval subject to staff conditions. Rupnow seconded. Approved (5-0,
PAGE 2 OF 4
Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart abstaining).
RZ09-012/CV09-020
1120 Hope Road
SUMMARY/STAFF PRESENTATION: To rezone the subject property from O-I conditional to O-I to allow medical office
and adult day care use in the existing building, with concurrent variances.
Laurel David, 3500 Lenox Rd. Ste 760, Atlanta, GA. 30326
Victor Vaysman, 3500 Lenon Rd. Atlanta, GA. 30326

None

None
ACTION: Rubenstein moved to recommend approval subject to staff conditions. Thatcher seconded.
DISCUSSION ITEM
3. TA10-001
An Ordinance to Amend Article 12B, Sandy Springs Overlay District, of the Sandy Springs Zoning Ordinance
ACTION: Board Members recommend the following:

1. Create a model of the Main Street District for public to view.
2. Contact Property Manager/Owners to notify of proposed changes.
3. Set-up a meeting between Council, Board Members, and Staff to help bring this program together.
4. TA10-002
An Ordinance to Amend Article 33, Signs, of the Sandy Springs Zoning Ordinance
ACTION: Board Members recommend the following:

1. Board members would like to get a better clarification for signs near the right- of -way.
Meeting Adjournment The meeting was adjourned at 9:13 p.m.
PAGE 3 OF 4
Approval Signatures
Date Approved 03-18-2010
Lee Duncan, Chairman
Patrice Ruffin, Assistant Director of

Planning and Zoning
Gloria Goins, Administrative

Coordinator/Transcriber
PAGE 4 OF 4

Planning Comission Meeting Package 03.18.10

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Planning Commission

March 18, 2010

2. RZ10-002/CV10-002 6 CZIM – 1/26/10 RZ10-002 – Approval TBD

HEARING & MEETING DATES

A Group Residence is defined in the City Zoning Ordinance as:

A Personal Care Home is defined in the City Zoning Ordinance as:

The State of Georgia defines a Personal Care Home as:

Additionally, the applicant is requesting three (3) concurrent variances as follows:

DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION

RZ10-002 – APPROVAL CONDITIONAL

DESIGN REVIEW BOARD ENDORSEMENT

PLANNING COMMISSION RECOMMENDATION

Future Land Use Map

Subject Property (5800) Subject Property (5790)

Nextdoor to 5800 (northwest of the subject

Nextdoor to 5790 (southeast of the subject

SITE PLAN ANALYSIS

PARKING IMPACT ANALYSIS

 Any permit applications involving site development shall comply with

applicable stormwater management, and erosion control ordinances.

The change in occupancy classifies these structures as New Residential

“3.3.134.13 Residential Board and Care Occupancy (Specifically

GA state amendment to NFPA 101;

(b) Modifications to Chapter 2:

“Day-care Center - A day-care facility subject to licensure or commission

“Group Day-care Home - A day-care facility subject to licensure or

“Personal Care Home/Assisted Living Facility - Any building or part

“Residential Occupancies. Occupancies, as specified in the scope of this

Public Comments (Please see attached letters)

Community input includes the following:

Public Participation Plan and Report

ZONING IMPACT ANALYSIS

• 24,179 square feet of undeveloped and/or open space (67.33%)

• Consolidation of properties and the collective redevelopment of multiple properties

• Automobile-oriented uses should be discouraged from this area.

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

STAFF RECOMMENDED CONDITIONS

a. To Group Residences or Personal Care Homes.

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

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

Site Plans dated received January 16, 2010

HEARING & MEETING DATES

A Group Residence is defined in the City Zoning Ordinance as:

A Personal Care Home is defined in the City Zoning Ordinance as:

The State of Georgia defines a Personal Care Home as:

Additionally, the applicant is requesting three (3) concurrent variances as follows:

DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION

RZ10-001 – APPROVAL CONDITIONAL

DESIGN REVIEW BOARD ENDORSEMENT

PLANNING COMMISSION RECOMMENDATION

Northeast R-3 Vacant Land 2.91 _____ _____

Next door (northwest of the subject property) 5825

 Any permit applications involving site development shall comply with

 If the MCC chooses to approve the rezoning and concurrent variances a

The change in occupancy classifies these structures as New Residential

“3.3.134.13 Residential Board and Care Occupancy (Specifically

GA state amendment to NFPA 101;

(b) Modifications to Chapter 2:

“Day-care Center - A day-care facility subject to licensure or commission

“Group Day-care Home - A day-care facility subject to licensure or

“Personal Care Home/Assisted Living Facility - Any building or part

“Residential Occupancies. Occupancies, as specified in the scope of this

Public Comments (Please see attached letters)

Community input includes the following:

Any permit applications involving site development shall comply with

Northeast R-3 Vacant Land 2.91 _ _

Any permit applications involving site development shall comply with

If the MCC chooses to approve the rezoning and concurrent variances a