City of Powder Springs - File #: PZ 21--008

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
6/7/2021	1	City Council	approved	Pass	Action details	Meeting details	Not available
4/5/2021	1	City Council	tabled	Pass	Action details	Meeting details	Not available
3/29/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
3/11/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
3/1/2021	1	City Council	tabled	Pass	Action details	Meeting details	Not available
2/22/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
2/11/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available

File #: PZ 21-008

APPLICATION: Rezoning APPLICANT: Traton, LLC

PETITION:

Rezoning from NRC to PUD-R, LL 898, 953

1. Neighborhood Retail Commercial (NRC) to Planned Unit Development -Residential (PUD-R)

Variance requested:

a. Section 12-13 (g) requesting to remove 75% existing tree canopy

b. Section 8 - 70 requesting to allow dead end streets

c. Article 8 requesting minimum horizontal road center radius of 37 feet.

d. Section 12-13 (e) requesting to clear more than 8 acres of the site.

STAFF RECOMMENDATION: For the reasons explained below and subject to the conditions outlined below, staff recommends APPROVAL with conditions.

PLANNING AND ZONING RECOMMENDATION: DENIED

PURPOSE OF THE REQUEST: To allow for 123 single-family units

LOCATION: Hill Road SW, 5082/5030/5002/4998/5046 Hill Road

Acre: 22.37 acres Density: 5.5 Du/acre Minimum Lot Size: 2,600 square feet

PARCEL #: 19089800030/19095300020/19095300030/19095300130/19095300140/19095300160

Site Plan

Background

The subject site is currently located at the intersection of Hill Road and CH James Parkway. The developer is proposing to develop 22.37 acres to include 123 single-family homes with a minimum building square footage of 2,600 square feet. In meeting the desired goal, the applicant is requesting to vary removal of more than 75% existing canopy; clear more than eight (8) acres at any given time, allow dead end streets; allow a minimum horizontal road center radius of 37 feet; The subject site is currently zoned Neighborhood Retail Commercial (NRC) which the applicant is requesting to rezone to PUD-R to allow flexibility in lot sizes and setbacks.

Surrounding Land Use:

The site is adjacent to a mixture of residential and commercial uses. The diagram below depicts lots adjacent to the subject site falls within Cobb County Jurisdiction. North of the subject site is a single-family development with a zoning category of PRD. West of the subject site also consist of a single-family subdivision and individual lots within the R-30 zoning district. Southeast of the subject site are vacant properties located in the City limits with a zoning classification of Neighborhood Retail Commercial (NRC).

Surrounding Uses

COPS - City of Powder Springs

Analysis:

The application should be reviewed against the following standards:

For the reasons explained below and subject to the conditions outlined below, staff recommends approval.

(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:

The Future land use map identified below identifies the subject site as Light Industrial and Office Commercial .

Future Land Use Map

The comprehensive plan identifies CH James Parkway and Hill Road intersection as a redevelopment area. The diagram below identifies the subject site in red which indicates office complex and industrial/ office space. The proposal is for 123 single-family units. The proposal is not consistent with the intent of the comprehensive plan.

Comprehensive Plan - Redevelopment Area

Although not consistent with the Comprehensive Plan, staff can support an amendment to the Future Land Use map to Medium density residential based on the analysis provided in the Future Land use amendment staff report ( PZ 21-12).

(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 uses permitted in the PUD-R zoning category are compatible with adjacent uses, uses permitted are residential or commercial uses intent to support the local population.

The site is adjacent to residential designated properties within the Cobb County jurisdiction. Though not consistent with the comprehensive plan, the proposed development is compatible with the adjacent residential uses to the north and west of the subject site. The City has a goal to maintain and increase commercial development throughout the city. The city will encourage commercial growth south of Hill Road and along the CH James Corridor. In order to ensure that development in the adjacent areas continues as recommended by the Comprehensive Plan, staff recommends a deed acknowledgement be placed on the residential lots ensuring that future residents are aware of the potential for commercial growth.

(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.

It is not anticipated that the proposed development will have a negative impact on adjacent properties as the site is surrounded by residential activity. The proposed development at this location is in close proximity to the trails, downtown, parks, commercial uses along CH James and Brownville Road and Hiram. Though adjacent uses are compatible the proposed request is not consistent with the Comprehensive Plan. This residential development may help the commercial potential of nearby commercially zoned properties. The city will continue to encourage commercial growth south of Hill Road and along the CH James Corridor. In order to ensure that development in the adjacent areas continues as recommended by the Comprehensive Plan, staff recommends a deed acknowledgement be placed on the residential lots ensuring that future residents are aware of the potential for commercial growth.

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

Is the intent of the City to have office space for our residents being able to work, live and play in one geographical area. One of the needs identified in the Comprehensive Plan is the need to diversity our tax base to fund future improvement, market Powder Springs to employers. This site is a large potential site that could assist the city in obtaining increased commercial development and jobs. Staff notes the following statistics regarding the current fiscal condition in the City of Powder Springs.

• Residential property has accounted for more than 98% of the City’s total digest growth since 2015. A decade ago, residential property accounted for 63.7% of the City’s net property tax digest. That ratio grew to 73.4% by 2020.

• Nearly 95% of all tax parcels and 61% of the total taxable acreage in Powder Springs is classified as residential. In 2020 the City contained roughly 600 commercially classified parcels occupying 672 acres and 26 industrial parcels totaling 147 acres.

However, given that this site does not have direct access to CH James Pkwy, is further from the other commercial nodes in the area, and the large need for housing within the city given the current market, rezoning to PUD-R may be appropriate in this specific case. Staff notes that property south of Hill Road, including the adjacent county parcels and the underdeveloped properties on the corner of Brownsville Road and CH James Pkwy may be able to support a more intense commercial development. Care should be taken to ensure that the properties located between Hill Road and Brownsville Road be preserved for future commercial development. Residential development north of Hill Road will help support the commercial area south of the road.

The City of Powder Springs currently has a deficit in inventory for new housing. Within the pricing bracket of all houses under $500,000, the proposed homes there is a 0.3 month supply. In a balanced market, there is a 6-month supply. Given the housing shortage, the ability to focus future commercial development on an adjacent site, and the supporting fiscal analysis staff can support a rezoning and future land use amendment on this site.

(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 86 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.

Table 1: School Capacity

	Student Capacity	Student Enrollment	Under Capacity	123 single-family generates (kids)
Powder Springs ES	900	826	74	43
Cooper MS	1162	1070	92	17
McEachern High School	2450	2448	2	26

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, 10 editions approximately 0.99 trips per household will be generated during PM peak hours. Therefore, approximately 121 PM Peak hour trips will be generated. The proposed development currently has two (2) ingress and egress points which is along Hill Road with an emergency entrance along CH James. Vehicular traffic from the proposed development will be dispersed onto Hill Road which will be then further dispersed going in an easterly direction to CH James Parkway or heading in a westerly direction to Hiram Lithia Springs Road.

Common Trip Generation Rates (PM Peak Hour)

Institute of Transportation Engineers Manual - 10 Edition

	123 single-family homes (0.99)
PM Peak hour trips	121

The development will be served by Cobb County Water and Sewer, has indicated that there is water and sewer capacity for the proposed development.

(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

Is the intent of the City to have office space for our residents, being able to work, live and play in one geographical area. One of the needs identified in our Comprehensive Plan is the need to diversify our tax base to fund future improvement, market powder springs to employers. This site was previously considered a key location to facilitate the City’s office/commercial needs. The market has changed drastically since the adoption of the 2017 Comprehensive Plan. The City has started the process of a 5-year update in order to capture the changing conditions. Based on the housing analysis and fiscal analysis attached to this report, Staff recommends updating the Comprehensive Plan and Future Land Use map to allow Medium Density Residential on this portion, focusing commercial energies south of Hill Road, between Hill Road and the underdeveloped properties on Brownsville Road.

(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 PUD-R zoning classification, together with the quality of the residential community, is a more reasonable use of the property, and provide a better, overall promotion of public health, safety, morality, and general welfare of area residents and neighborhoods than uses allowed under the NRC zoning district. However, the request is not consistent the Comprehensive Plan.

Variance Analysis:

Section 12-13 (g) to remove 75% existing vegetation	Staff - to facilitate the development of the site more than 75% of existing canopy will have to be cleared. The Land Development Code requires 20% canopy coverage for the entire development or 20% coverage per lot. A landscape plan will be submitted ensuring a minimum on 20% canopy coverage. Staff will ensure that additional landscaping will be required in areas where additional landscaping can be provided such as the park and open space. The PUD-R requires a 25- foot landscape perimeter buffer that will provide additional greenspace to offset the existing vegetation that will be cleared.
Section 8-70----- to allow dead end streets	Applicant - The dead ends meet Cobb County Fire requirements and the requirements of the International Fire Code Appendix D, are allowable in Cobb County with private streets. A variance request has also been included. Staff - The request does not appear to negatively affect the resident’s health and safety.
Variance to allow a minimum horizontal road center radius of 37 feet	Applicant - To meet Cobb County Fire turning requirements, a 25’ back of curb radius is required. This translates into a minimum road centerline radius of 37 feet. This allowable turning radius is provided at each intersection. Also, the tighter radii help to provide traffic calming. Staff - The request does not appear to negatively affect the residents’ health and safety.
To vary 12-13 (e) to clear more than 8 acres of the site.	Applicant - On Tapp Farm, the City allowed us to clear the infrastructure area plus 8 acres in addition. It would be preferable to have an increase or waiver to this requirement for this project. Is this an issue we can discuss? Staff - The request does not appear to negatively affect the residents’ health and safety. This code was adopted to ensure a property would not be cleared and left undeveloped. Staff recommends waiving this requirement, as long as a stipulation is added that if the development stalls for a period of 6 months or more, the site needs to be replanted to minimum canopy requirements, street tree, and buffer requirements.

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 attached fiscal analysis was provided by the KB Advisory Group. This analysis compares the proposed Traton Homes development with the concept provided in the Comprehensive Plan on Hill Road. This analysis shows that he nonresidential build out begins to outperform the subdivision by 2030 but on a net present value basis the residential use produces a larger positive net fiscal impact of about 27% over 20 years. At time of build out, housing is likely to generate 2 to 3 time more in annual City property taxes than a commercial/industrial build out. It is important to note that this analysis assumes commercial development typically found in Powder Springs. The City should continue to identify priority commercial areas that can attract a high performing and valued commercial development. This will be explored further in the 2021/2022 Comprehensive Plan update.

Additional Comments :

DOT- Please verify area is not limited access. If so needs to be reviewed by TMC. Reviewed through GPAS.

Recommendation:

Staff recommends APPROVAL of the proposed development and an amendment to the Comprehensive Plan.

If approval is granted the following stipulations may be considered.

1. The revised 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 Neighborhood Retail Commercial (NRC) to Planned Unit Development-R (PUD-R) on property located at the intersection of Powder Springs Road and Hill road consisting of approximately 22.37 acres.

2. The Subject Property shall be developed in substantial conformity to that certain revised site plan, prepared by Ridge Planning and Engineering for Traton Homes.

3. All roads be public roads except for alleys. Sanitation must have direct access to alleys.

4. The construction of a maximum number of One Hundred and Twenty-one (123) single-family homes at an overall maximum density of 5.5 dwelling units per acre. Minimum lot size of 2,600 square feet.

5. The setback are as follows:

Front: 10 feet from right-of-way,

Side = 5 feet

Side major = 5 feet

Rear = 10 feet

35 feet perimeter setback

Between buildings: minimum of 10 feet

6. Approved variance

a) Section 12-13 (g) to remove 75% existing tree canopy

b) Section 8-70 - requesting to allow dead end streets

d) Variance to allow a minimum horizontal road center radius of 37 feet

e) Section 12-13 (e) requesting to clear more than 8 acres of the site.

6. The architectural style and composition of the homes shall consist of traditional architecture on all sides Variety in the neighborhood will be provided by the use of stone and different shades of brick in the area shown as brick on the rendering. All side elevation visible from the right-of-way will contain brick or stone no less than 50% where exposed to the right-of-way. All elevation will contain no less than 50% brick on the front façade.

Rendering provided shall be in conformity with attached exhibit to include front and rear load units. An administrative design review will be required ensuring consistency with approved stipulations. Design review shall be reviewed administratively.

7. The creation of a mandatory Homeowners' Association ("HOA") 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 HOA shall be responsible for the maintenance and upkeep of fencing, landscaping, open space areas, sidewalks, community areas, stormwater detention and/or water quality ponds, lighting, the entrance to the Residential Community and any amenities.

8. 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. Relocation of the detention pond where it is not visible from Powder Springs Road. Landscaping and screening around the proposed detention and water quality areas with Cryptomeria, Arborvitae and/or other evergreen trees.

b. A twenty-five foot (25') landscape buffer around the perimeter of the Subject Property.

c. Compliance with landscape section renderings/elevations which will be submitted under separate cover during the Plan Review process.

d. 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 Residential Community which will be further identified during the Plan Review process.

e. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.

f. All HVAC, mechanical systems and home utilities within the community shall be screened by way of fencing and/or landscaping.

g. Entry signage for the proposed Residential Community shall be ground-based, monument-style, landscaped, lighted and irrigated.

h. The installation of sod front, side and rear yards.

i. 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 of the Residential Community.

9. A third party management company shall be hired to manage the day-to-day operations of the HOA and shall also be responsible for the management of all Association monies as well as insuring that the Association is properly insured until such time as the HOA makes a determination that it can undertake such responsibilities.

10. 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. Increase the density of the Residential Community.

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

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

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

11. Site Plan must be consistent with PUD-R regulations and all other applicable regulations identified in the Unified Development Code .

12. If the development on the site stalls for a period of 6 months or more, the site be replanted per a plan approved by the Community Development Director showing compliance with minimum tree canopy, street trees and buffer requirements.

13. Access and landscaping along CH James Pkwy and Hill Road be reviewed and determined at plan review. The rear lots shall be substantially buffered from the right-of-way.

14. All lots have a deed acknowledgment that states the adjacent parcel fronting CH James Pkwy and lots south of Hill Road may be developed as commercial property in the future.

15. Subject to Cobb DOT approval.

Exhibit 1

Front and Rear Load Units

Exhibit 2

ADDITIONAL COMMENTS

Cobb County Comments

1.Case PZ 21-008: Rezoning for a PUD-R- 123 residential lots

The following comments are offered for this case:

Please verify that Cobb County DOT has reviewed and commented on the transportation design and access to Hill Road.

Cobb County DOT Comments

PZ 21-008 Hill Road Project PUD-R proposal, 5030 Hill Road and CH James Parkway- Please verify area is not limited access. If so needs to be reviewed by TMC. Reviewed through GPAS.