City of Powder Springs - File #: PZ 19--011

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
4/1/2019	1	City Council	approved	Pass	Action details	Meeting details	Not available
3/25/2019	1	Planning & Zoning Commission			Not available	Meeting details	Not available

STAFF REPORT

Public Hearing Dates

Planning and Zoning Public Hearing: March 25, 2019

Mayor and Council Public Hearing: April 1, 2019

File #: PZ 19-011

APPLICATION: Rezoning APPLICANT: JWA Ventures II, LLC / David Buckel

PETITION: The applicant is requesting to rezone from Single-Family Residential District (R-30) to Community Retail Commercial (CRC) to accommodate an Auto Parts store on approximately 1.65 acres. The remaining 4.85 acres will be vacant and will be developed with uses permitted in the CRC zoning district.

PURPOSE OF THE REQUEST: To construct an Auto Parts Store

LOCATION: Land Lots 1026 and 1027, 19^th Districts, Powder Springs, Georgia.

PARCEL #: 19102600030 ACRES: 6.5 Acres

STAFF RECOMMENDATION: Approval

LOCATION MAP

BACKGROUND INFORMATION

The applicant is requesting to rezone from Single-family Residential District (R-30) to Community Retail Commercial (CRC). The subject site is currently zoned Single-Family Residential district (R-30) and is located along Brownville Road consisting of approximately 6.5 acres. The 6.5 acres will be subdivided into two (2) lots. Based on the site plan submitted 1.65 acres will consist of an auto parts store. The remaining 4.85 acres will be vacant anticipating future commercial development consistent with the CRC zoning district. The CRC Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market. The CRC district is designated on properties with access to major arterial streets and at intersections or arterial streets with other major street, where development nodes can be supported by the regional transportation network.

SURROUNDING LAND USE

Currently the subject site is zoned R-30 consisting of a vacant residential dwelling. Located to the west of the subject site is the Kroger Supermarket and retail shopping area. South of the subject site is currently vacant and is zoned CRC. The adjacent property located to the east is currently zoned R-30 which consists of an existing single-family residence. Located to the rear of the property is a single-family subdivision that falls outside of the City of Powder Springs Jurisdiction.

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?

The CRC Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The “community activity center” is intended for commercial, office/professional, mixed use office/retail/residential, mixed use townhomes, mixed use condominiums and civic/public/church uses. The Comprehensive Plan Future Development Map highlights the subject property as being located in the Community Activity Center (See Diagram 1 below). The proposed request for an Auto Parts store meets the intent, and is consistent with the Comprehensive Plan as the site is located in the Community Activity Center.

Diagram 1

b. Is the proposed use consistent with the stated purpose of the zoning district that is being requested?

The CRC zoning district is to provide for uses that serves a citywide and regional market. Based on the application, the proposed auto parts store will be located within a commercial district surrounded by residential activity and is uniquely positioned to provide services which are needed within the sub-area of the city. Another component of the CRC zoning district is having access to a major arterial street and at the intersection of arterial streets with other major streets, where development nodes can be supported by the regional transportation network. Site is located along Brownville Road an arterial roadway. Brownville Road also intersects CH James Parkway a major thoroughfare less than 1,000 feet from the subject site. The site meets the intent of the zoning distinct outlined the Unified Development Code.

c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

This section of Brownsville Road is predominantly zoned CRC. There are currently only two (2) lots zoned R-30 (See diagram 2 below). If this rezoning is approved only one residential designated lot will remain. The Unified Development Code provides guidelines in buffering dissimilar uses, such as requiring landscape buffers and restrictive building setback requirements. The site plan submitted shows a 40 foot landscape buffer along the property line adjacent to the residential zoning district. The Code also requires a 50 foot building setback which is also depicted on the site plan. The rear of the subject site consists of a pipeline easement in which the developer has no intention of vacating. The developer has stated, the rear of the site will not be developed thus providing adequate separation from the residential subdivision located to the rear of the property. Staff notes however, that the existing sewer line is located to the rear of the property, so limited disturbance in this area will be required for the sewer connection.

Diagram 2

d. Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?

The requirements for building setback and landscape buffer will minimize the impacts during the construction and after construction of the site. Based on the Institute of Transportation Engineers an auto parts store will generate approximately 4.91 Trips per 1,000 square feet of gross floor area. The proposed store will therefore generate approximately 38 PM peak hour trips. The adjacent properties along Brownsville Road are not anticipated to be adversely affected by the proposed request. Though trips will be increased along Brownsville Road; the proposed use will provide additional services in the CRC zoning district and will cater to surrounding residential community. In order to further lessen this impact, the applicant will provide cross access to the adjacent sites. If access with the Kroger Shopping Center is not possible at this time, the applicant will examine tools to allow future access.

e. Are their substantial reasons why the property cannot or should not be used as currently zoned?

The Comprehensive Plan Future Development Map highlights the subject property as being located in the Community Activity Center (See Diagram 1). The proposed request for an Auto Parts store meets the intent of the Comprehensive Plan as the site is located in the Community Activity Center. The “community activity center” is intended for commercial, office/professional, mixed use office/retail/residential, mixed use townhomes, mixed use condominiums and civic/public/church uses. Along this corridor only two (2) lots are currently residential, rezoning this property to CRC zoning district is getting closer in meeting the objective of the Comprehensive Plan allowing for a more intense use along this corridor.

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?

Based on the information provided in the application, public facilities will be adequate to serve the proposed use. Cobb County Fire Marshall Office, City of Powder Springs Public Works, and other relevant departments will review any future proposed concept plan to ensure public facilities are adequate. Access to sewer is available to the rear of the subject property. Connection to the sewer system is required prior to the issuance of a building permit. The existing connection is to the rear of the property. The applicant is considering other options for connection from other private sewer lines. The City will consider this option, if approval from the private property owner is granted. However, the required line fee is due to the city regardless of location of connection.

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?

The Comprehensive Plan Future Development Map highlights the subject property as being located in the “Community Activity Center” (See Diagram 1). The proposed request for an Auto Parts store meets the intent of the Comprehensive Plan as the site is located in the Community Activity Center. The “community activity center” is intended for commercial, office/professional, mixed use office/retail/residential, mixed use townhomes, mixed use condominiums and civic/public/church uses.

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?

Based on the site plan submitted there will be adequate separation between residential uses. There will a 40 foot landscape buffer and there may be no development to the rear of the property due to the gas easement that exists. The proposed use and site plan design does reflect a reasonable balance between the promotion of public health safety, morality and general welfare and the right to unrestricted use of the subject property.

Fiscal Impact:

There are currently existing services and infrastructure to support the proposed request. Any deficiencies in services or infrastructure will be funded by the developers. 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 to serve the proposed request.

COMMENTS FROM OTHER JURISDICTIONS:

Cobb County Water System:

Water and sewer availability information can be provided by the City of Powder Springs Public Works.

Wastewater flow from the site will be treated at the South Cobb WRF where there currently is sufficient capacity. Permit issuances are subject to continued WRF compliance with EPD discharge requirements.

Cobb Department of Transportation

Cobb County Land Disturbance Permit is required for work in the R/W. Please have the developer submit to Cobb Community Development for review and permit.

RECOMMENDATION: Staff is recommending approval of PZ 19 -011

Staff recommends approval with the following conditions:

Conditions provide by the applicant

Underlined - staff added text

Strikeout - deleted from conditions

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 property which constitutes the subject matter of the above-captioned Application for Rezoning. The rezoning is from Single-family Residential District (R-30) to Community Retail Commercial (CRC) on property located along Brownsville Road consisting of approximately 6.5 acres.

2. The Subject Property shall be developed conceptually to that certain revised site plan, prepared by Buckle Design Group LLC, which is being submitted concurrently herewith. Development of the site must be consistent with the CRC requirement outlined in the Unified Development Code requirements. All other applicable sections of the UDC are applicable.

3. The 1.65 acres shall consist of an Auto Parts Store. Development of the remaining site 4.85 acres must be consistent with the Permitted and Special Uses in Mixed-Use and Non-Residential Zoning Districts Table outlined in the Unified Development Code.

4. The architectural style, composition and design of the proposed buildings shall be in substantial conformity to architectural standards outlined in the Unified Development Code. The renderings as submitted shall depict exterior materials on all four (4) sides consisting of brick. The front façade may consist of 70% brick. EFIS and other cementitious-type components shall not be permitted. A staggered front facade will be required consisting of architectural features to break of the monotony of a flat wall. Staff notes, the rendering provided does not meet he requirements of Article 5 of the Unified Development Code and modifications will be required subject to staff review.

5. The creation of a mandatory Business Owners Association Association (“BOA”) and the submission of Declaration of Covenants, Conditions and Restrictions (“CCRs”) during the Plan Review process, which shall include, among other components, strict architectural controls. The mandatory BOA shall be responsible for the maintenance and upkeep of fencing, landscaping, interior private streets, open space areas, sidewalks, community areas, stormwater detention and/or water quality ponds, lighting, the entrance to the Residential Community and any amenities.

6. A cross access easement between adjacent properties must be created and submitted to the City for review during the Plan Review Process. If cross access easement cannot be achieve by adjacent property owners at this time, the applicant will examine tools to allow access at a future time should permission be granted.

7. The submission of a landscape plan during the Plan Review process which shall be subject to review and approval by the Community Development Director. Additionally, the landscape plan shall include, but not necessarily be limited to, the following:

a. Landscaping and screening around the proposed detention and water quality areas.

b. Landscaping and screening, front landscape strip and landscaping required within parking lots.

c. The landscape plan, which shall be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed Horticulturist and shall identify open space areas; landscaped common areas; and other components of the proposed development which will be further identified during the Plan Review process.

d. Signage for the proposed development shall be ground-based, monument-style, landscaped, lighted and irrigated.

e. Compliance with the City’s current Tree Preservation & Replacement Ordinance and substantial conformity to all tree protection measures and the adherence to same during the construction and build out.

8. No dumpster shall be located within 50 feet of any adjacent lot designated for residential use or has a residential zoning designation. Dumpster trash removal is allowed between the period 7:00 am through 7:00 pm.

9. The Community Development Director shall have the authority to approve minor modifications to these stipulations, the architectural renderings/elevations, the site plan and the overall proposal as it proceeds through the Plan Review process and thereafter except for those that:

a. Relocate a structure closer to the property line of adjacent property which is zoned the same or in a more restrictive zoning district.

b. Increase the height of a building which is adjacent to property which is zoned in the same or more restrictive zoning district.

c. Change access locations to different rights-of-way.

10. Site Plan must comply with Cobb County Fire Marshal and Cobb County Department of Transportation Requirements.