Evans Town Center Overlay District Governing Ordinance vs.

As Constructed October 17, 2002

Paragraph All exposed gutters, downspouts and leaderheads facing public streets and public open spaces shall be designed as an architectural element in the wall and roof design of the structure. (c) (3)
2
nd

Sentence

Paragraph Windows shall be clear glass, with not more than a 30 percent reduction in light transmission permitted. (c) (4)
3 Sentence
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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph The window frames must be metal, wood or vinyl, and must be painted or vinyl clad. (c) (4)
2
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Sentence

Comment: Ordinance does not address anodized frames, of which there are many in the Town Center District

Paragraph (c) (4)

3 Sentence
rd

Except in commercial buildings with an enclosed heated area of 70,000 square feet or more, individual window openings shall be no larger than four feet horizontally, and eight feet vertically.

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph Except in commercial buildings with an enclosed heated area of 70,000 square feet or more, individual window openings shall be no larger than four feet horizontally, and eight feet vertically. (c) (4)
3 and 4th Sentence
rd

Circular, semicircular and octagonal windows are permitted.

Paragraph All openings in the external walls shall be square or rectangular, provided that arched or circle topped openings will be permitted. (c) (1)
6
th

Sentence

Comment: Is a Window Opening the opening in the wall structure or the individual pane sections? Paragraph Door frames may be metal or wood, and must be painted or stained. (c) (5)
3 Sentence
rd

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph (c) (5)
1st and 4th Sentences

Doors may be solid or hollow core metal, aluminum, fiberglass or wood, and may be either solid or have glass or louvers.. Solid doors shall have raised panels and/or louvers.

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002

Paragraph Overhead doors for loading docks, delivery and distribution shall be permitted only on the rear of the building, except that in commercial buildings with an enclosed heated area of 70,000 square feet or (c) (5)
6
th

Sentence

more, and all industrial buildings, such overhead doors shall also be permitted on the side of the building.

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph Balconies and porches at floor elevations above ground level shall be designed to create a pedestrian arcade at the ground level along public streets and public open spaces. (c) (6)
2
nd

Sentence

Paragraph Fences shall be constructed of materials coordinating with external building walls, wrought iron, vinyl or painted aluminum. (c) (7)
2
nd

Sentence

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph In the M-1 and M-2 zoning districts, green or black coated or painted chainlink fencing may be used, provided that a solid hedge which is allowed to grow to and is maintained at the same height of such (c) (7)
5 Sentence
th

fence is planted in front of the fence along the section of fence that is visible from the road.

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph Outbuildings and accessory structures may be constructed only of materials which match the external building walls of the principal structure. (c) (8)
1 Sentence
st

Paragraph Color combination or stains shall be complimentary, with generally no more than three colors, per building, permitted. The exterior of any structure in the ETCO, including buildings and doors, (c) (9)
1st and 2 Sentences
nd

windows and trim thereof, fences, landscaping walls and any other type of structure, may be any color, provided that all color combinations are complimentary and do not exceed three colors, unless expressly approved in writing by the planning commission Restaurant off Washington Road Strip Shopping Center

Blue

Red

Green and Tan

Red

Dark Brown Comment: Many ETCOD buildings have several shades of same color Green Tan

Retail Store on Washington Road

Fast Food Restaurant on Washington Road

Red Silver Green

Gray

Orange

Purple Brown Black

Tan

Silver

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Gas Station on Washington Road Morgue

Brown

Green

Red

White, Red, Blue, Tan

Tan White

Comment: Is white a color?

Paragraph The exterior of any structure in the ETCOD, including buildings and doors, windows and trim thereof, fences, landscaping walls and any other type of structure, may be any color, provided that all color (c) (9)
2
nd

Has exce

Sentence

Paragraph (c) (10)

1 and 3 Sentences
st rd

combinations are complimentary and do not exceed three colors, unless expressly approved in writing by the planning commission; provided, however, that no colors shall be used which are listed in a master list of excluded colors which shall be prepared by the county planning and development services division and approved by the board of commissioners. Comment: Where is Master List of Comment: Has the planning commission authorized Excluded Colors? Has one been the above exceptions in writing? approved by Board of Commissioners? Heating and/or air conditioning mechanical equipment, whether ground level, raised or rooftop, must be screened from view. .. "Screened from view" means concealed from view from any abutting road or adjacent tract of land by a structure constructed of the same materials as the exterior elevation of the principal structure, and if on or attached to the principal structure front, such structure shall be designed to be perceived as an integral part of the building.

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph In addition, garbage receptacles, fuel tanks, electric and gas meters and other unsightly objects must be screened from view. "Screened from view" means concealed from view from any abutting road or (c) (10)
2 and 3 Sentences
nd rd

adjacent tract of land by a structure constructed of the same materials as the exterior elevation of the principal structure, and if on or attached to the principal structure front, such structure shall be designed to be perceived as an integral part of the building.

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph Structures shall be oriented or screened as set forth in section 90-140(a) so that loading, delivery and distribution areas are not visible from residential zoning districts or existing or planned public (c) (11)

road rights-of-way. Loading areas may be oriented toward adjoining properties that are similarly zoned only if they are screened from view with fencing and landscaping as set forth in section 90140(a).

Paragraph Development shall be in accordance with a landscaping/tree protection plan approved as set forth in subsection (c)(14) of this section and shall be referred to in this section as the approved (c) (13)
landscaping/tree protection plan. No landscaping/protection plan shall be approved unless, in the opinion of the director, based on the material submitted to him, such plan avoids removal or severe trimming of trees and/or excessive or unsightly grading, indiscriminate earth moving or clearing and unnecessary removal of trees and vegetation.

Comment: Planning and Development Services has taken a position that there can be no grading plans approved in the town center. Review of properties shows 4 tracts on which grading had occurred. Also, landscaping plans for several properties did not show the 12 trees as required.
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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph The property owner shall be given credit against the number of trees required to be planted for all (c) (13) h. trees growing in the parking lot, natural areas and buffers prior to construction, which have a

diameter of not less than six inches at diameter breast height, which were not removed, severely damaged or killed during construction. Prior to the issuance of a certificate of occupancy, the owner of the developed land must provide the county with a written one-year warranty/guarantee in a form approved by the board of commissioners, running from the date of issuance of the certificate of occupancy, which shall cover the prompt replacement, during such period, of any trees planted or preserved which show less than normal tree growth, poor condition or structure, severe pest damage or death.

Comment: How many tree guarantees are on file? Is there one for every property improved since ETCOD passed? Paragraph No trees having a diameter of 12 or more inches at diameter breast height shall be removed from any (c) (13) (i) land in the ETCO, nor shall any trees having a diameter of 12 or more inches at diameter breast height
on such land be severely trimmed unless such trees have been identified on the approved landscaping/tree protection plan, or prior thereto, a permit for tree removal or severe trimming has been obtained from the county planning and development services division.

Comment: Review of files shows no tree cutting permits during the 2 years of ETCODs existence. Also, P&D Services admitted during a recent tree ordinance meeting that no tree cutting permit procedure exists for ETCOD. Paragraph A person seeking a building permit for land in the ETCO shall file with the director a landscaping/tree protection plan for the land on which the improvements are being developed, which shall be (c) (14)
prepared by a landscape architect licensed to practice in the state, or a certified nursery or landscape professional certified through the Georgia Green Industry Association, or such other organization as shall be approved by the board of commissioners, which shall include, but not be limited to, a plat of the property showing the location of each tree having a diameter of 12 inches or more at diameter breast height, and identify thereon which trees are proposed to be removed and remain,

Comment: Review of files shows that civil engineers generally prepare landscaping plans rather than the certified professionals required by ETCOD. Paragraph Building exterior elevations shall consist of materials that are generally equal in quality, appearance and detail to all other exterior elevations of the same structure or those structures within the same (c) (1)
2
nd

Sentence

planned development. External building walls shall be architecturally integrated and faced with brick, stucco, structural masonry, split face block, wood siding or wood shingles.

Note: Structure is wood siding and brick

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph (15) Any buildings, structures, signs or uses in the ETCO which are existing on June 20, 2000, which are not in conformance with the requirements set forth in this section for the ETCO, shall be treated (c) (15)
1 Sentence
st

as nonconforming buildings, structures, signs or uses pursuant to section 90-132.

Sec. 90132.

Nonconforming uses of land and structures. (b) Continuation in perpetuity. A nonconforming use, building or other structure may be continued in perpetuity, subject to the following conditions that the nonconforming use, building or sign not be: (1) Changed to or replaced by another nonconforming use (2) Expanded or enlarged in any way

1. 2. 3. 4. 5.

Fencing is painted? Where is screening hedge? Trees required in parking lot? Where are trees planted at 20 intervals on frontage? Solid doors on Building exterior without raised panels? Landscaping/tree protection plan on file?

1. 2. 3. 4. 5. 6.

Loading/distribution facing road? Fencing painted? Where is hedge? Trees planted on frontage? Landscaping/tree protection plan? Solid doors without raised panels? Unsightly equipment unscreened?

1. 2. 3. 4. 5.

Trees on road Frontage? Siding finishes required by CC zoning? Screening of garbage receptacle? Required islands in parking lot? Fencing around pool is compatible with composition of principal structure?

1. 2. 3. 4. 5. 6. 7. 8.

Trees required in parking lot? Window sizes? More than 3 color combinations? Landscaping/tree protection plan? Visible rooftop units? Meters visible? Unscreened garbage dumsters Solid doors without raised panels?

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002
Paragraph The minimum width of the landscape strips required in section 90-140(a)(1) and (2) is increased from ten feet to 15 feet. The distance between trees to be planted pursuant to section 90-140(b)(1)b. is (c) (13)

reduced from 40 feet to 20 feet. The owner of the property upon which the landscape strip is located shall be given credit against the number of trees required to be planted for all trees growing in the landscape strip and any undisturbed natural area buffers prior to construction, which were not removed. No landscaping/tree protection plan shall be approved unless it provides for the planting in parking lots of not less than one tree for every 12 parking spaces. The minimum width of the landscaping islands or tree planting areas as required in section 90140(b)(2)b. and c. is increased from eight feet to ten feet. The minimum length of the landscape island required in section 90-140(b)(2)b. is increased from one-half the length of the adjacent parking space to 20 feet.

Sec. 90140.
Landscaping

(a)

Landscaping required. Landscaping required shall be as follows

(1) A minimum ten-foot wide landscape strip shall be provided between any parking lot designed or intended to accommodate five or more cars, and any lot frontage of the property on which the parking lot is located, unless the parking area is otherwise screened from the street by a building or by another means. (2) A minimum ten-foot wide landscape strip shall be provided between any vehicular loading area and any lot frontage of the property on which the loading area is located, unless the loading area is otherwise screened from the street by a building or by another means. (3) Deciduous shade trees shall be provided within any parking lot designed or intended to accommodate five or more cars, in accordance with the requirements of this section. (b) Design standards (1) Landscape strips required in this section shall meet the following requirements: a. Landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities or any other accessory uses, except for retaining walls or earthen berms constructed as part of an overall landscape design, pedestrianoriented facilities such as sidewalks and bus stops, underground utilities, driveways required to access the property and signs otherwise permitted by this chapter. One tree shall be provided within the landscape strip for every 40 feet of length of the lot frontage, or portion thereof. Such trees may be deciduous or evergreen, but must be of a type that is suitable to local growing conditions, and that will normally, upon maturity, reach at least 12 inches at diameter breast height.

b.

c.

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Evans Town Center Overlay District Governing Ordinance vs. As Constructed October 17, 2002

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