Public Hearing Dates
Planning and Zoning Public Hearing: March 25, 2019
Mayor and Council Public Hearing: April 1, 2019
File #: PZ 19-015
APPLICATION: Variance Application APPLICANT: William Smith
PETITION: The applicant is requesting to vary the following:
1. Requesting to reduce the landscape buffer width from 40 feet to 32 feet in the CRC zoning district.
PURPOSE OF THE REQUEST: To facilitate a restaurant with drive-through that is a permitted use in the CRC zoning district; and to allow for a convenient store with fuel pump that requires Special Use approval in the CRC zoning district.
LOCATION: Land Lots 869, 19th Districts, Powder Springs, Georgia. Parcel #: 19086900360
ACRES: Approximately 4.05 acres
CURRENT ZONING: Neighborhood Retail Commercial District (NRC) PROPOSED ZONING: Community Retail Commercial (CRC)
STAFF RECOMENDATION: Approval with Conditions
Background:
The subject site is located at the intersection of Carter Road and Powder Springs Road. This property in addition to the adjacent residential subdivision located to the south was rezoned in October 21, 1997 while under Cobb County jurisdiction. Both properties were subsequently annexed into the City on December 1, 1997. Prior to this application a proposed shopping center was proposed for this site which was a permitted use. However, the site plan presented to the City required a variance which was approved in January 7, 2008 reducing the required 50 foot landscape buffer to a minimum of 32 feet. Please refer to Exhibit 1 for the list of Conditions. The current Unified Development Code requires a 40 foot landscape buffer for the CRC zoning district if located to adjacent residential zoning district. Due to the change in landscape buffer requirements this variance application (PZ 19-015) will supersede the previous variance application. The applicant is therefore requesting a reduction in the buffer width from 40 feet to 32 feet along the southern property line. Staff notes, however, that Section 12-43 of the Unified Development Code allows an administrative variance to allow a buffer reduction of no less than 75% (minimum 30 feet width). In, addition, a rezoning application (PZ 19-013) to and Special Use application (PZ 19-014) has been filed concurrently with this variance application.
Surrounding Land Use:
The subject site consists of existing single-family residences zoned R-15 to the south. East of the subject site is zoned NRC with an existing self-service car wash facility; the vacant property located to the west falls within the Cobb County jurisdiction and is zoned Light-Industrial (LI). Directly north of the subject site at the intersection of Hopkins Road and Powder Springs Road falls within Cobb County Jurisdiction and has a residential zoning designation and is occupied with an existing single-family home. Located north of the subject site is an existing assisted living facility zoned CRC. Also located at the intersection of Hopkins Road and Powder Springs road is an existing gas station zoned CRC.
Analysis:
1. There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;
The subject site is approximately 4.05 acres and has a narrow rectangular shape. The subject site is bounded by Carter Road and Powder Springs Spring requiring a building setback of 50 feet. The site is also located adjacent to a residential subdivision that requires a restrictive buffer width of 40 feet. Due to the shape and the technical requirement there are exceptional conditions that exists.
2. A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located;
Not granting the variance will deprive the applicant of rights commonly enjoyed by other properties of the district.
3. Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located;
The Unified Development Code (UDC) provides flexibility of the landscape width requirement by means of requesting a variance. Therefore granting the variance will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located. In addition, a previous variance was approved January 7, 2008 reducing the buffer width from 50 feet to 32 feet to accommodate a retail establishment (See Exhibit 1). This application is different from other variance applications because this development is part of a ~ 20 acres planned community and infrastructure was installed prior to the enactment of the buffer requirement.
4. The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare;
The proposed site is currently zoned NRC which is also a commercial designated zoning district. Convenience store without fuel pumps is permitted by-right in the NRC and CRC zoning district. Restaurant without a drive through is a permitted use in the NRC and CRC zoning district. The CRC zoning district will allow for restaurant with drive-through services and will only require a Special use due to the addition of fuel pumps to the convenience store component. The proposed request is located at the intersection of Powder Springs and Carter Road. There will be one access point from Carter Road a local road owned and Maintained by Cobb County, and Powder Springs Road Arterial Road , as proposed, will have two (2) points of ingress and egress. Traffic impacts on Carter Road should be minimal and should not negatively affect the traffic neighboring residential development. Based on the site plan submitted, the development is proposing a 32 foot landscape buffer that will separate the residential community located to the south of the subject site (See Pic 1 and 2, as conditioned applicant has to use selected screening mechanisms). Conditions provided will also address any incompatibility concerns. As conditioned speed bumps will be installed to the rear of the building. This should prevent vehicular traffic from using the loading area as a thoroughfare to in in and out of the property.
5. The special circumstances are not the result of the actions of the applicant;
The circumstances that exists are not as a result of the applicant. The site is currently not developed. The applicant is asking to vary the 40 foot landscape buffer width that is required by the Unified Development Code. A previous variance was approved for this site on January 7, 2008 reducing the buffer width from 50 feet to 32 feet.
6. The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed; and/or
The variance requested is the minimum variance that will make possible the best use of the land.
7. The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.
The variance, if approved will not permit a use that is not permitted in the CRC zoning district.
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 to serve the proposed request.
Summary and Recommendation:
Staff recommends approval of PZ 19-015 with the following Conditions:
1. Approval to vary Table 2-4 of the Unified Development Code to reduce the landscape buffer width from 40 feet to 32 feet on property located at the intersection of Carter Road and Hopkins Road. Located in Land Lots 869, 19th Districts, Powder Springs, Georgia
2. 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.
3. The Subject Property shall be developed conceptually to that certain revised site plan submitted by the applicant, which is being submitted concurrently herewith. Development of the site must be consistent with the Unified Development Code requirements.
4. Sidewalk shall be provided along Carter Road and Powder Springs Road consistent with Powder Springs sidewalk requirements.
5. A minimum of the (3) staggered rows of Elaeagnus and/or Crypotmeria or similar trees having a minimum height of eight (8) feet be planted and maintained in the landscape buffer at a minimum on 32 feet from the property the southern property line within 30 days of issuance of a land disturbance permit.
6. A black vinyl clad chain link fence be located and maintained along the rear property line subject to design approval by staff.
7. There shall be no public parking or employee parking located to the southern property boundary.
8. That the air conditioner units be located at ground level and be shielded from view, subject to design approval by staff.
9. That the service road along the rear of the property be limited to a maximum 18’ and be one way with speed bumps. Traffic flow, speed bumps and the location of the air conditioning units must be depicted on the Site Plan for review by staff.
10. That the lighting be shoebox style with shields attached to deflect light away from the Preston Place Subdivision.
11. Dumpster trash collection will only be permitted from 7:00 am through 7:00 pm.
12. The owner must obtain a building permit within 18 months after being issued a land disturbance permit.
Exhibit 1
PREVIOUSLY APPROVED VARIANCE