CASE NUMBER: PZ25-004.
APPLICANT: Trilogy, Represented by Kevin Moore.
REZONING: To consider a change in the zoning conditions of PZ22-012.
LOCATION: 4975 and 5001 Hill Road SW.
ZONING: MXU ACRES: 16.53 ac PINs: 19095300070, 19095300060.
STAFF RECOMMENDATION: Approval
BACKGROUND: The City Council approved the rezoning to MXU and partial annexation of 4975 Hill Road on May 16, 2022. The applicant initially proposed to develop a mixed-use development comprising of 122 for rent townhome units, and a sports club, office and restaurant space of area 24,000 SF approx.
The applicant is requesting a modification to the existing zoning conditions for a mixed-use development which specifies residential units designated as "for rent" only. The proposed change seeks to allow the residential units to be "for sale" townhomes, rather than rental units. Additionally, the applicant requests to amend or remove specific stipulations related to rental units and their management.
The proposed development will maintain its mixed-use character while changing to "for sale" townhome units. This adjustment aims to meet the growing demand for quality homeownership opportunities within the city and the broader Metro Atlanta area.
The original conditions of approval related specifically to rental units were:
3. The mixed-use development shall include a maximum of 122 for-rent residential units at a density of 7.38 u/a. The minimum residential square footage shall be: 1400 square feet for two-bedroom units; 1600 square feet for three-bedroom units.
A 2-story commercial building with a minimum of 23,000 SF. Said commercial building to allow for the following commercial uses: a sports club, indoor recreation, assembly, office, and restaurant space.
13. A professional and certified management company shall be required to manage the for-rent residences.
24. Workforce Housing Credit shall be provided in accordance with the following provisions…
Other conditions related to HOA covenants and responsibilities have been modified, and an allowance added for private streets for the residential component.
SURROUNDING AREA: The property is at the southwest quadrant of the intersection of Hill Road and C.H. James Parkway. To the north and south is commercial zoning within the city, NRC and CRC respectively. To the west along Hill Road is R-20 zoning in the county, and to the east across C.H. James Parkway is R-20 in the city. West Oak Trace, a 114-unit single-family detached subdivision with for-rent homes is located opposite the proposed site across Hill Road. Large lot detached homes within the county prevail along Hill Road, heading west.
Figure 1. Vicinity Map. Subject site outlined in yellow. Yellow shading denotes the City Limits of Powder Springs.
Figure 2. Site Plan
ANALYSIS:
The application was reviewed against the following criteria:
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.
Applicant’s Response: The proposed modifications to the zoning conditions are compatible with the City’s Comprehensive Plan.
Staff Response: The request to change the residential units from rental to for-sale townhomes aligns with the City's Comprehensive Plan by promoting a diverse offering of homeownership opportunities.
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.
Applicant’s Response: The Property is zoned to allow for a Mixed-Use Development, consistent with the surrounding areas.
Staff Response: The proposed for-sale townhomes are compatible with the surrounding land uses. This change maintains the intent of the MXU zoning district.
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.
Applicant’s Response: The proposed modifications to certain zoning conditions in no way affect any adjacent or nearby property.
Staff Response: The proposed change to for-sale units is not anticipated to negatively impact adjacent properties. In fact, it is likely to enhance the surrounding area by attracting long-term residents who are more likely to invest in their community and maintain property values.
d. Whether there are substantial reasons why the property cannot or should not be used as currently zoned.
Applicant’s Response: As currently restricted to rental units only, the project does not reflect current market and development conditions.
Staff Response: Current market trends indicate a higher demand for for-sale residential units. Transitioning from rental to for-sale units responds to these trends, supporting housing choice diversity within Powder Springs.
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.
Applicant’s Response: The proposed modifications do not affect public facilities.
Staff Response: The change from rental to for-sale units does not increase the intensity of use or density; therefore, existing public facilities and infrastructure are sufficient to support the development without additional impact.
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.
Applicant’s Response: As currently restricted to rental units only, the project does not reflect current market and development conditions.
Staff Response: Changing conditions in the housing market demonstrate a growing preference for homeownership opportunities. This modification reflects these market dynamics and supports the City's goal of housing diversity, and promotes long-term community investment.
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.
Applicant’s Response: As currently restricted to rental units only, the project does not reflect current market and development conditions.
Staff Response: This change contributes to public welfare by diversifying housing options and encourages homeownership.
STAFF RECOMMENDATION
Staff recommend approval of the modifications requested, with the following conditions:
1. All conditions of PZ22-012, which was approved on May 16, 2022, shall remain in effect except for those modified herein.
2. The following original conditions of approval are no longer in effect:
13. A professional and certified management company shall be required to manage the for-rent residences.
24. Workforce Housing Credit shall be provided in accordance with the following provisions…
3. The mixed-use development shall include a maximum of 122 for-sale residential units at a density of 7.38 u/a. The minimum residential square footage shall be: 1400 square feet for two- bedroom units; 1600 square feet for three-bedroom units.
A 2-story commercial building with a minimum of 23,000SF. Said commercial building to allow for the following commercial uses a sports club, indoor recreation, assembly, office, and restaurant space.
4. The residential community shall be managed by a professional and certified HOA management company in the State of Georgia pursuant to a declaration of covenants and restrictions which establishes a mandatory homeowners’ association. The Declaration of Covenants and Restrictions shall include, to the extent such items are included in the original approval, the following:
a. All residential buildings/units.
b. Accessory structures, including clubhouse, office building, maintenance building, etc.
c. The water system, including wells, pumps, filters, storage tanks, domestic and fire protection, water distribution systems and controls.
d. Roadways, drives and parking areas, including curbing and paving.
e. Drainage systems, including erosion and sedimentation protection, piping, drains, catch basins, manholes, cleanouts and riprap ditching.
f. Recreational facilities.
g. Landscaping, including maintenance of buffer areas and conserved areas.
h. Other similar project systems and facilities.
5. Declaration of Covenants Provisions - Copies of the Declaration of Covenants shall be submitted to the Community Development Director prior to the issuance of the first CO. These regulations/declarations shall set forth all definitions, articles, rules, bylaws, and enforcement procedures pertaining to:
a. Owner's responsibilities.
b. HOA maintenance and funding responsibilities.
c. Residential restrictions. Such restrictions shall include the prohibition of the use of outdoor devices using naked, fuel fired, gas or propane fired flame on wooden decks, balconies, and the like for attached residences. Also, there shall be a restriction against parking in designated fire lanes. A restriction stating that garages must be used for vehicle parking rather than storage shall be included.
d. Maximum fines.
e. Active recreational area recreations.
6. The residential component shall be allowed to have private streets. The applicant shall comply with the following code sections related to private streets:
• Sec. 8 68. Private streets.
• Sec. 15-75. Additional specifications for final plats involving private streets.
• Sec. 15 76. Purchasers’ acknowledgement for lot served by private street.