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Change in Zoning Conditions
Hill Road
LL 898 and 953
City of Powder Springs
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PETITION: The applicant, City of Powder Springs is initiating a change in zoning conditions for select parcels on Hill Road located in Land Lots 898 and 953, 19th District, 2nd Section.
Recommendation:
Approval with conditions.
1) That the applicant provide a site plan for staff review prior to submittal of a land disturbance permit. Site plan shall certify that the services of two (2) or more of the following professionals were utilized in the design or planning process:
i. A planner who is a member of the American Institute of Certified Planners;
ii. A landscape architect registered by the State of Georgia;
iii. An architect licensed by the State of Georgia; and/or
iv. A professional civil engineer registered by the State of Georgia.
2) That any use permitted in the NRC zoning district be permitted, with the exception that Church, temple, synagogue, or place of worship, Club or lodge, nonprofit, without private bar or restaurant, Community center, senior center, Tower, amateur radio, Utility substation, Carwash, Convenience Store, or Laundromat not be permitted.
3) Approval from Cobb DOT, Georgia DOT and Cobb County Water and Sewer is required.
4) Lights would be architecturally themed where feasible and designed to shield light away from neighboring properties. A lighting Plan will be required prior to land disturbance permit issuance.
5) All buildings on the north side of Hill Road have four sided masonry with brick and stone elements but not stucco per the original stipulation. Property on the south side must meet the requirements of the Unified Development Code.
6) Developer shall install a 6 foot black clad chain link fence along the northeastern boundary line.
7) Although not specifically permitted in the NRC zoning district, the city may consider a future administrative rezoning to allow for industrial development, if design standards of the Unified Development Code are met.
Background
The City of Powder Springs completed an update to its comprehensive plan last fall. This plan identified seven development nodes around the city which are “most ripe for redevelopment”.
Per the Comprehensive Plan,
“These areas mostly have older, underutilized developments on site, or have a potential catalyst nearby (i.e., the GRTA Park & Ride node has the Park & Ride lot nearby and is near the Silver Comet Trail, each generating a fair amount of traffic), or include land that has been put up for sale (i.e. Powder Springs Road at Flint Road). Future land use, as well as current population, housing, and job projections, was taken into account as the Project Team crafted these redevelopment scenarios.
*It must be noted that the plans on the following pages are aspirational ideas for development in these areas, and are not “done deals.””
Community Development plans to review each development node against goals and policies in the Comprehensive Plan and Unified Development Code, and where appropriate make changes to the zoning.
The properties included in this zoning action are listed below:
|
PIN |
PROPERTY LOCATION |
|
19095300160 |
5046 HILL RD SW |
|
19095300140 |
4998 HILL RD SW |
|
19095300130 |
5002 HILL RD SW |
|
19095300070 |
4975 HILL RD SW |
|
19095300030 |
5030 HILL RD SW |
|
19095300020 |
5082 HILL RD SW |
|
19089800030 |
HILL RD SW |
The properties identified in this application are zoned Neighborhood Retail Commercial (NRC) with conditions.
The property on the south side of Hill Road was zoned NRC on February 7, 2005 with the following conditions:
1) Provide a 60 foot right-of-way on the commercial street
2) Install acel/decal lanes at entrance as might be required at plan review
3) Include a cul-de-sac as the street is greater than 600 feet in length - will comply with the City UDC.
4) 25 foot signage consistent with the City sign ordinance requirement.
5) Lighting would be shoebox style, down cast lighting - height to be decided at site plan review.
The properties included in this application on the north side of Hill Road were zoned NRC on July 17, 2006 with the following conditions:
1) All buildings would be four sided masonry with brick and stone elements but not stucco.
2) Developer shall install a 6 foot black clad chain link fence along the northeastern boundary line;
3) The office structure would be design to hide the rooftop apparatus;
4) A water fountain shall be installed in the one acre open space
5) Lights would be architecturally themed and designed to shield light away from neighboring properties.
6) Development of the property shall be according to the rezoning plan dated May 23, 2006 and the building elevations and parking lot layout exhibits attached hereto.
7) All stipulations stated in the July 7th letter from Cobb County to the City of Powder Springs
8) The state GDOT and CDOT stipulations as they are related to right in and right out with no median break that were in accordance with GDOT rules and regulations.
Both sets of stipulation specifically refer or reference details found in a site plan. Because more than 10 years has passed, and development has not occurred any site plan must meet the current code requirements.
The subject properties have been identified as potential employment centers in the city for a number of years. In 2010, the City reviewed areas throughout the city for possible industrial development that would lead to job creation. This process involved meetings with Cobb County as well as the Mayor and Council during this time period. An area along CH James Pkwy was identified as potential industrial use, including the properties in this application. This area was later identified in the 2017 Comprehensive Plan update as one of seven redevelopment nodes throughout the City. The Development Authority of Powder Springs has identified this property as a key location and has concentrated marketing efforts to find a developer for this property. Because of the emphasis on possible development of this area as an employment area, staff is reviewing the application to ensure that the current zoning is compatible with the vision of the city.
Analysis
The application should be reviewed against the following standards:
a. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?
According to the Future Land Use Map, this area is located in the Office/Commercial and Retail Commercial categories.
• RETAIL COMMERCIAL
Retail Commercial may house restaurants, convenience shopping, leisure shopping, and other commercial services.
• OFFICE COMMERCIAL
Professional employment activities and other non-retail commercial uses that may be housed in offices are preferred for parcels designated Office Commercial. Class A offices are preferred for new office construction. Although Office Commercial is specifically intended to serve local and regional employment needs, supportive uses (i.e. retail and other services) may be allowed.
Additionally, the properties are identified as a Professional Employment Center character area.
• PROFESSIONAL EMPLOYMENT CENTER
Professional Employment Centers will house office buildings and complexes. It is encouraged that the City support the reuse of existing residential buildings as new office space. Supportive uses like commercial and parks are also encouraged in these areas to adequately serve employees during business hours, and add vitality to these areas after hours.
Appropriate Uses //
Office commercial, retail commercial, and parks
Implementation Measures //
Incentives for new businesses/employers
Adaptive reuse
Revision of architectural and site design standards to encourage better-quality
development
Redesign off-street parking facilities for inter-parcel connectivity
Negotiate and enforce shared parking agreements
Access management best practices
Marketing geared toward potential employers”
By requiring the properties to meet all of the stipulations required by the previous rezoning, it may limit the potential of the property to meet the requirements of the Comprehensive Plan. In order to meet the goals of the comprehensive plans certain uses permitted in the Neighborhood Retail Commercial zoning category are excluded because the area’s designation as a professional employment center.
b. Is the proposed use consistent with the stated purpose of the zoning district that is being requested?
The proposed use for commercial establishments is consistent with the zoning district that is requested. This change in zoning conditions will allow additional uses permitted in the Neighborhood Retail Commercial Category to be permitted without requiring accordance with the previously approved site plan.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The proposed application does not change the zoning category.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The proposed use is suitable with zoning and development of adjacent and nearby property. The property located to the north is zoned PRD (Planned Residential Development) in Cobb County and the properties located east and west are located R30 or R20 in Cobb County. The property to the south is zoned CRC (City). As long as the property meets the buffer requirements, this change in conditions is suitable in view of the zoning and development of the adjacent properties. A stipulation is included requiring the submittal of a lighting plan and shoebox style lights to prevent light pollution on the neighboring residential properties.
d. Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?
The existing use and usability by the adjacent or nearby properties will not be adversely affected by the proposed use.
e. Are their substantial reasons why the property cannot or should not be used as currently zoned?
The zoning designation will be maintained. The existing stipulations were placed on this property over 10 years ago and may limit the potential of this property developing per the goals and policies of the Comprehensive Plan. Staff recommends amending the stipulations to encourage development meeting the goals of the comprehensive plan.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?
The change in zoning conditions will not require substantial additional services to serve its proposed use. All permitted uses will have to comply with the requirements established for NRC zoning district
g. Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties?
Both the Comprehensive Plan and the Unified Development Code have been updated since this original rezoning application. This modification to zoning conditions will allow development to occur in keeping with both documents.
h. Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?
This application to modify certain zoning conditions, will still allow this property to develop in accordance with the comprehensive plan and Unified Development Code.
Summary:
The subject properties were identified in the City’s Comprehensive Plan as redevelopment nodes. When the properties were zoned over 10 years ago, specific stipulations were placed on the properties. Staff has reviewed the stipulations and has determined that they may inhibit future development as proposed by the Comprehensive Plan. By revising the current stipulations on the property, a future development may meet the vision of the Comprehensive Plan.