City of Powder Springs - File #: PZ 21--014

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
5/3/2021	1	City Council	approved	Pass	Action details	Meeting details	Not available
4/26/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
4/8/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available

File #: PZ 21-014

APPLICATION: Rezoning APPLICANT: Selig Enterprises Inc./Garvis Sams

PETITION:

Rezoning from CRC to MXU

MXU to accommodate a mix use development located at 4493,4391, 4327 Brownsville Road; 0 Oglesby Road within Land Lots 1025,1026, 1027, 1027, 1047, 19th District, 2nd Section, and Cobb County, Georgia.

PURPOSE OF THE REQUEST: To allow a mixed-use development consisting of the following:

• Residential Phase 1 - 10 residential buildings; 3 stories, ¾ split - 300 units

• Residential Phase 2 - 2 residential buildings; stories - 48 units

• Future commercial development

• existing strip mall.

LOCATION: 4493,4391, 4327 Brownsville Road; 0 Oglesby Road

Acre: 22.3 acres Units: 348 Density: 15.61 units/acre

PARCEL #: 19102600080, 19102600010, 19101600070, 19104700310

Location Map and Site Plan

Background

The subject site is currently located at the intersection of Oglesby Road and Brownsville Road. The developer is proposing to develop 22.3 acres to include a mixed-use development consisting residential and commercial uses. The development will include 348 units within apartment buildings; future commercial development and an existing retail strip mall. The subject site is currently zoned Community Retail Commercial (CRC) which the applicant is requesting to rezone to mixed- use (MXU).

Surrounding Land Use:

The subject site is adjacent to a mixture of residential and commercial uses. North of the subject site is zoned CRC which includes a church and strip mall. East of the site is the Villas of Seven Springs West Condos which is zoned MDR. South of the subject site are single family residences within the R-20 zoning district, and a commercial operation at the intersection of Oglesby Road and Brownville Road within the CRC zoning district. West of the subject site is predominantly CRC with the exception of one parcel that is designated as R30. West of the subject site is currently developed with a Kroger supermarket, gas station, Zaxby’s, retail strip mall and a few single-family homes and an auto parts store.

Zoning and Surrounding Uses

Analysis:

The application should be reviewed against the following standards:

(a) Whether the proposed zoning district and uses within that district are compatible with the purpose and intent of the comprehensive plan. The future development map and the

future land use plan map of the city’s comprehensive plan shall be used in decision making relative to amendments to the official zoning map, in accordance with Table 13-1:

According to the Comprehensive Plan “Mixed use parcels are located in the downtown area, along major corridors, and near entrances to the City. These parcels may contain some combination of residential, retail, office, parks, and institutional uses as defined by the market.” The proposed MXU zoning district and the proposed uses contained and embodied within the rezoning application are consistent and compatible with the purpose and intent of the Comprehensive Plan designation of Mixed Use. The diagram below indicates the parcel categorized as Mixed Use on the Future Land Use Map of the Comprehensive Plan.

Comprehensive Plan, Future Land Use

Subject property designated as Mixed Use

(b) Whether the proposed zoning district and uses permitted within that district are suitable in view of the zoning and development of adjacent and nearby property.

The zoning proposal will permit a use of the property which is suitable and can function with surrounding uses. The residential component will allow for usage of the existing and proposed retail/commercial uses, and the commercial component will serve the existing and future residential properties. The existing MDR zoned property that borders the site will be buffered from the apartment component by a wetland/natural area. The future commercial area that borders this residential development would be located on the other side of the existing cellular tower.

(c) Whether the existing use or usability of adjacent or nearby property will be adversely

affected by one or more uses permitted in the requested zoning district.

The zoning proposal is anticipated to have no adverse effect or impact upon the existing uses or usability of adjacent or nearby properties, which are majority commercial. Those parcels located on Brownsville Road and Oglesby Road are located directly across Brownsville Road from a large commercial shopping center which the proposed residential component will help support and sustain.

(d) Whether there are substantial reasons why the property cannot or should not be used as currently zoned.

The applicant stated that the subject property has limited reasonable economic use as currently zoned in that the fair market value of same falls below the range of values of similarly zoned and situated properties with equivalent utility. The repurposing of the subject property for a mixed-use development will represent a self-sufficient, sustainable neighborhood. The property is located along a commercial corridor, but is setback from CH James Pkwy. Revitalizing the commercial component of this site, providing sites for future commercial development and adding residential density will help develop and support the commercial locations in proximity to this development.

(e) Whether public facilities such as roads, schools, water and sewer utilities, and police and fire protection will be adequate to serve the proposed zoning district and uses permitted;

Cobb County School district has indicated that the proposed development will generate approximately 34 students. The development will be served by Powder Springs Elementary School, Cooper Middle School and McEachern High School. Currently the Elementary school and the Middle school is under capacity and has adequate space to accommodate the residential development. McEachern High School does not have adequate space to facilitate the proposed request. Though only two (2) spaces are available, there are other options that household may utilize such as private school or school or choice which provides an avenue for students to attend schools outside of the designated school district. Additionally, this project will increase revenues for schools and therefore may assist in future expansions for the school system.

Table 1: School Capacity

	Student Capacity	Student Enrollment	Under Capacity	348 single-family generates (kids) = 3 34 kids
Powder Springs ES	900	826	74	17
Cooper MS	1162	1070	92	7
McEachern High School	2450	2448	2	10

Source: Cobb County

Townhomes or single-family = 0.7 kids Apartment = 0.1 kid

Elementary = 0.5

Middle School = 0.2

High School 0.3

Based on the Institute of Engineers Trip Generation Manual, 10th Edition approximately 0.44 trips per dwelling unit will be generated during PM peak hours. Therefore, approximately 153 PM Peak hour trips will be generated. The proposed development currently has three (3) ingress and egress points which is along Oglesby Road, Brownsville Road and an internal access road that lead to the strip mall and church as indicated in the diagram below prepared by A& R Engineering.

Source: A&R Engineering Inc. Traffic Impact Study: Oglesby Road and Brownsville Road

Ingres/Egress

Vehicular traffic from the proposed development will be dispersed unto Oglesby Road and Brownsville Road. The applicant has indicated that the proposed transportation and operational improvements are planned for the intersection of Brownsville Road and Oglesby Road and for Brownsville Road and CH James. Cobb County has also indicated that there is available water and sewer to facilitate this development. The City of Powder Springs has plans for improvements along Brownsville Road as part of the SPLOST program. The applicant has been in communication with the City’s engineering consultant regarding this project.

Common Trip Generation Rates (PM Peak Hour)

Institute of Transportation Engineers Manual - 10 Edition

	348 units/Mid Rise (0.44)
PM Peak hour trips	153 PM peak hour trips

TRAFFIC STUDY - please see attachment for full report

Traffic study recently conducted by A and R Engineered dated April 22, 2021 has indicated the following:

(f) Whether the proposed zoning district and uses permitted within that zoning district are

supported by new or changing conditions not anticipated by the comprehensive plan or

reflected in the existing zoning on the property or surrounding properties; and

The applicant has indicated the Mixed-Use Development will occupy a quadrant of a major signalized intersection and the proposed development will have ingress and egress from two arterials (CH James Parkway and Brownsville Road); will provide for one-destination living, shopping and service locations to serve the community; and, will minimize traffic congestion.

(g) Whether the proposed zoning district and uses permitted within that zoning district reflect a reasonable balance between the promotion of the public health, safety, morality or

general welfare and the right to unrestricted use of property.

The proposed use is not anticipated to have any significant negative impact to the public’s health, safety and general welfare. At the timing of this writing, comments have not been received by the City of Powder Springs police department. Communication will continue between city and county departments. Mixed Use is ideal in this location between commercial and residential developments.

Fiscal Impact:

There are currently existing services and infrastructure to support the proposed request. The proposed development will provide increased tax income for the City. The proposed request should not have any negative economic impact on the City of Powder Springs as infrastructure and services are already in place or in close proximity to serve the proposed request.

ADDITIONAL COMMENTS

COBB COUNTY COMMUNITY DEVELOPMENT

Cobb County Community Development has no comments for the zoning cases received 4-11-2021 from the City of Powder Springs:

COBB COUNTY DOT

- Brownsville Road is classified as an arterial roadway which has a minimum right-of-way requirement of 50 feet, measured from the centerline of the roadway. Additional right-of-way is required along the Brownsville Road property frontage.

- Any proposed gate and knox box shall be setback a minimum 50 feet from the right-of-way line.

- Recommend a deceleration lane be installed from Brownsville Road into proposed development driveway.

- Recommend a left turn lane be installed from Brownsville Road into proposed development driveway.

- Install curb, gutter, and sidewalk along Brownsville Road and Oglesby Road property frontages.

- Oglesby Road is classified as a minor roadway which has a minimum right-of-way requirement of 30 feet, measured from the centerline of the roadway. Additional right-of-way is required along the Oglesby Road property frontage.

- Recommend a deceleration lane be installed from Oglesby Road proposed development driveway.

- Recommend a left turn lane be installed from Oglesby Road proposed development driveway.

- Proposed plans shall be submitted to Cobb Community Development for the plan review process.

COBB COUNTY FIRE

IFC 510- EMERGENCY RESPONDER RADIO COVERAGE. New buildings are required to provide radio coverage for emergency responders per the International Fire Code. Testing is required by a third party and when deemed necessary amplification systems are required before the building will be issued a certificate of occupancy. This message is to serve as an early notification to owners and developers for budgeting purposes.

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FIRE ENGINE ACCESS: The fire department must be able to access the long side of the building.

ACCESS: Fire apparatus access roads shall extend to within 150 feet of all portions of the facility or any portion of the exterior wall of the first floor (State Modifications IFC 503.1 2012 Edition and Cobb County Development Standards 402.11).

All access roads shall meet the American Association of State and Highway Transportation Officials (AASHTO) design manual live load standard HS20 (75,000 lbs.) with an unobstructed width of not less than 20 feet, 25 foot inside radius, 50 foot outside turning radius and unobstructed vertical clearance of not less than 13 feet 6 inches. (Cobb County Development Standards 402.11)

Maximum slope of the access road in reference to the apparatus is 10% Front to Back and 5% Side to Side. Maximum grade of roadways leading to Fire Access roads refer to the Cobb County Development Standard Section 400: 14% for Non-Residential. Maximum angle of departure is 8.5%.

Dead-end access roads more than 150 feet shall be provided with a turn-around (IFC Chapter-5, 120-3-3 Rules and Regulations, CCDS Section-401 & 402). Refer to APPENDIX-D for dimensional criteria for turn-arounds in commercial developments.

Aerial apparatus access shall be required for all structures over 30 feet in height measured from the lowest level of fire department access to the ceiling height of the highest occupied floor level. Aerial fire apparatus access roads shall be a minimum width of 24 feet maximum of 40 feet from the structure and be positioned parallel to one entire side of the building. No overhead utility and power lines shall be located within the aerial fire apparatus access. (Cobb County Development Standards 401.8.2.1)

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C/O: Plans must be submitted to the Cobb County Fire Marshal’s Office to initiate the Certificate of Occupancy process.

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Gates

Gates securing fire apparatus access shall be a minimum 14 feet in clear width for a single lane and 20 feet for a double lane. The gates shall not reduce the operating width of the roadway. Double lane gates shall be a minimum of 20 feet in clear width. Gates shall be of the swinging or sliding type. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the Cobb County Fire Marshal’s Office. (Cobb County Development Standards 401.8.2)

Guest Parking

Occupant parking shall be installed as required by zoning and additional guest parking shall be required as follows:

• Where driveways to two car garages exceed 50 feet in length, no additional guest parking is required.

• Where driveways to two car garages are at least 22 feet long and 20 feet wide, additional parking shall be required at .5 spaces per dwelling unit.

• Where driveways to two car garages are less than 22 feet long and 20 feet wide, additional parking shall be required at 1 space per dwelling unit.

• Where only single car garages are provided, additional parking shall be required at 2 spaces per dwelling unit.

• Guest parking spaces must be evenly distributed throughout the project. (Cobb County Development Standards 401.8.2)

Modifications may be required to incorporate the Cobb County Fire Marshal’s Office comments.

Fire Hydrants

The maximum distance of a hydrant to the most remote portion of a structure shall be 500 feet. Distance shall be measured around the structure and from the fire apparatus access road. (Cobb County Development Standards 410.5.2)

International Fire Code (IFC) Appendix D

(Adopted by the State of Georgia at the beginning of 2020. Partially noted below.)

SECTION D103

MINIMUM SPECIFICATIONS

D103.1 Access road width with a hydrant.

Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders (see Figure D103.1 in Appendix D).

SECTION D106

MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS

D106.1 Projects having more than 100 dwelling units.

Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.

Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2

D106.2 Projects having more than 200 dwelling units.

Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system.

COBB COUNTY WATER

Water comments:

At development: YES NO

Fire flow test required: YES NO

Size and location of existing water main(s): 8” in Brownsville Rd

Additional water comments: also 6” in Oglesby Rd

Sewer comments:

In the drainage basin: YES NO

At development: YES NO

Approximate distance to nearest sewer: Existing public sewer at 2.2 acre outparcel

Estimated waste generation (in G.P.D.): Average daily flow = **36,720+

Peak flow = **91,800+

Treatment plant: South Cobb WRF

Plant capacity: Yes NO

Projected plant availability: 0-5 years 5-10 years over 10 years

Off-site easement required: YES* NO

Line capacity study required: YES NO

Letter of allocation issued: YES NO

Septic tank recommended by this department: YES NO

Subject to Health Department approval: YES NO

Additional sewer comments: Estimated waste generation based only on Phase 1&2 apartments. A sewer line capacity will likely be required of the developer’s design professional at Plan Review.

SCHOOL BOARD

School Board comments - Cindy Curtis Powder Springs ES-17 Cooper MS-7 McEachern HS-10 The estimate is 34 students if zoning is approved for PZ-21-014. There will be no impact on the schools, since all are under capacity.

Recommendation:

Staff recommends APPROVAL as proposed development is not consistent with the comprehensive Plan.

1. The stipulations and conditions set forth herein shall replace and supersede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the Subject Property.

2. The Subject Property, consisting of a 32.11 acre tract of land, shall be developed in substantial conformity to that certain zoning site plan (4B - Brownsville Road) prepared by Silver Studio, dated March 19, 2021, which was filed concurrently with the Applications.

3. The Subject Property shall be rezoned from CRC to MXU developed as a Class “A”, highly-amenitized residential community consisting of a maximum number of 348 luxury apartment units on 22.3 acres in two phases at a total of 15.61 units per acre.

Additionally, Selig’s proposal includes the retrofitting, rehabbing and repurposing of an existing in-line retail center, approximately 12,000 square feet in size, and additional future development primarily consisting of retail/commercial and possibly with a mixture of townhomes. Also, as a part of the amenitized residential community there will be non-residential components which will include a leasing office, a clubhouse/lounge, fitness facilities and other amenitized components in the approximate amount of 9,000 square feet of additional non-residential area.

4. The architectural style and composition of the buildings proposed for the Subject Property shall be consistent with the architectural renderings/elevations which were filed concurrently with the Application for Rezoning and which are being resubmitted herewith. All of the buildings constructed on the Subject Property shall consist of wood frame construction with Gyp-Crete® floors and include equal architectural treatment on all four (4) sides of each building constructed on the Subject Property.

The above-mentioned renderings/elevations, in conjunction with the site plan, depict a total number of approximately 495 parking spaces relative to the residential component, with existing parking already serving the 12,000 square foot in-line retail center and parking ratio-compliant spaces concerning the planned future development on the site.

Said parking shall consist of 474 surface parking spaces and 21 garage parking spaces. The residential parking ratio will be 1.65 parking spaces per dwelling unit as dictated by the actual number of bedrooms; that is 48% one-bedroom units; 46% two-bedroom units; and, 6% three-bedroom units. Parking ratios are determined for one-bedrooms at 1.6; for two-bedrooms at 1.6; and, for three-bedrooms at 2.2.

5. Selig’s proposed multi-family residential component shall have state-of-the-art amenities, appointments and recreational facilities for the use and enjoyment of its residents, as follows:

a. A swimming pool area which will include a clubhouse and a lounge.

b. A fully equipped fitness center.

c. Gates and controlled access for the entrances to the community and the amenity areas.

d. Strategically positioned walking paths and pedestrian connectivity between the various components of the mixed-use development.

e. A dog park.

f. Meaningfully positioned green space throughout the mixed-use development.

6. Interior floor plans and finishes shall consist of the following:

a. A minimum of nine foot (9’) ceiling heights from floor to finished ceilings in living rooms and a minimum of ten feet (10’) between floors. Ceiling heights may vary in kitchens and bathrooms.

b. Countertops consisting of granite, marble/quartz, Corian® and/or analogous masonry or stone surfaces.

c. Stainless steel appliances with luxury finishes.

d. Stainless steel kitchen sinks.

e. Ceramic tile, wood plank or wood-like vinyl plank and/or high-end carpeting.

f. Spacious, open floor plans.

g. High speed internet availability in all units.

h. Upgraded wood trim packages throughout each unit, including one inch (1”) x four inch (4”) square edge base and door trim.

i. Brushed nickel, chrome or oil-rubbed bronze bathroom and kitchen fixtures.

j. Uniform window treatments to present an aesthetically pleasing and consistent appearance.

k. High-end, landscaping and hardscaping throughout the proposed community such as heavily landscaped common areas; gathering spaces such as a firepit; open and covered eating areas; walking paths with superior pedestrian connectivity; and, a pool with its commensurate state of the art accessories/furniture.

l. Double-paned, insulated windows.

7. Compliance with the recommendations from the City of Powder Springs Public Works Department, the City Engineer and the City’s Chief Building Officials, including the following:

a. Ensuring interior maneuverability and accessibility in order to accommodate Fire and Public Safety vehicles and apparatus.

b. Following the recommendations of operational improvements planned for the City by Croy Engineering.

c. The submission of a Trip Generation Analysis prepared by A&R Engineering, Inc., which is being resubmitted concurrently herewith.

d. Ensuring that the Subject Property has adequate access to water, sewer and electrical connections.

8. Additional signage for the Subject Property shall consist of ground-based, monument-style signage and building signage consistent with the City of Powder Springs Sign Ordinance. Additionally, within the interior of the site, there shall be appropriately positioned, grade-based directional signage in order to ensure ease of maneuverability and accessibility.

9. The overall lighting plan within the proposed development shall be environmentally sensitive, decorative and themed to the architectural style and composition of the buildings. Lighting utilized for the development shall be installed in order to minimize illumination from extending beyond the Subject Property’s boundaries. Security lighting, as well as high-resolution video surveillance cameras shall be installed to address potential security issues.

10. Selig shall submit a Landscape Plan as a part of the Plan Review Process, including the following:

a. The detention pond located on the Subject Property shall be landscaped.

b. The Subject Property shall be landscaped in conformity to or exceeding the level of landscaping within this sub-area of the City with respect to existing and planned mixed-use developments.

c. The inclusion of both intra-parcel and inter-parcel pedestrian connectivity and paths for all walkable areas.

d. Points of ingress/egress with monument-style signage shall be landscaped, lighted and irrigated as appropriate.

11. A professional and certified third-party management company is required to manage the apartments. This management company will server as a liaison between Selig and any successor multi-family management company or new Owner.

Planning and Zoning Recommended approval subject to Staff’s recommendations at their 4/26/2021 Hearing.

Staff recommends additional stipulations regarding transportation -

1) Compliance is required with the recommendations from Cobb County DOT

2) No additional access points on Oglesby Road and Brownsville Road are permitted, except those shown on the site plan dated March 19, 2021. Inter-parcel access is required throughout the site.

3) Recommended improvements identified in the traffic study, subject to staff review, shall be installed by the developer prior to the issuance of the first certificate of occupancy. As an alternative, the developer shall pay to the City the cost of said improvements to be held in escrow so that they can be completed as part of the City’s road project.

Exhibit 1

Exhibit 2

EXHIBIT 3