ASE NUMBER: PZ 25 - 003.
APPLICANT: David Pearson Communities, Inc. Represented by Kevin Moore.
REZONING: To consider a change in the zoning conditions of PZ22-004.
LOCATION: Naturewalk Preserve Subdivision. 5550 and 5556 Story Road, within land lots 820, 821, 883, 882 of the 19th District, 2nd Section, and Cobb County, Georgia.
ZONING: PUD-R ACRES: 49.77 acres PINs: 19088300010, 19088200380.
STAFF RECOMMENDATION: Approval.
BACKGROUND: On April 18, 2022, City Council approved PZ 22-004 for the development 117 unit detached subdivision on 49.77 acres. It is now known as Naturewalk Preserve Subdivision.
On September 16, 2024, the City Council approved PZ24-033 to allow private streets and a controlled access gated subdivision at Naturewalk Preserve.
On January 21, 2025, the City Council Approved PZ25-001, which was filed to appeal the Community Development denial of 8’ tall perimeter fence. The conditions of this approval stipulated that the applicant shall request to modify zoning conditions for private streets, and to allow the 8’ tall perimeter fence.
The applicant is requesting changes to the previously approved zoning conditions for case PZ22-004. The proposed modifications involve the following:
1. Performance Timing for the Delivery of the Amenity: The applicant seeks to amend the timing requirements related to the construction and completion of the subdivision amenity. This involves revising the current condition that limits the issuance of no more than 50% of building permits before the amenity's completion. The applicant is requesting that this standard to be revised to that no more than 50% of certificates of occupancy be issued. This modification on timing aligns with the original intent of that stipulation, which is to ensure that no more than 50% of units are occupied before the amenities are completed.
2. Private Streets: The applicant seeks to revise the condition mandating public streets to allow for private streets within the development.
3. Perimeter Fencing: The applicant requests allowance for an 8-foot perimeter fence, which was a condition of approval of PZ25-001.
The amenities package for Naturewalk Subdivision promises to be be very attractive and will include the following, as stipulated in the original conditions of rezoning:
i. A clubhouse to contain premium features such as: an event room, a kitchen, co-working office space, a fully equipped fitness center, restroom facilities, and pool related space. The exterior of which shall be consistent with that specified for the homes.
ii. A pool
iii. Two (2) lighted tennis courts, or a full-sized basketball court, or pickleball courts.
iv. The open space shall be used for active and passive purposes, including nature trails, pocket parks, picnicking, and like purposes. Any such nature trails shall consist of natural materials, ex. mulch.
SURROUNDING AREA: Residential uses predominate in the surrounding area. The Cameron Springs Subdivision, zoned R-15 (Cluster, City) is adjacent to the north and east along Story Road. Adjacent to the east is the Jones Reserve Subdivision - Conservation Subdivision zoning in the county. Adjacent to the South is the Powder Springs Chase Subdivision - R-30 (County). Adjacent to the west are large residential lots with frontage on Hiram Lithia Springs Road, zoned R-30 (County).
Figure 1. Vicinity Map. Subject site highlighted. Yellow denotes Powder Springs city limits.
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 minor modification in a zoning condition is compatible with the City’s Comprehensive Plan.
Staff Response: The requested changes are consistent with the intent of the original approval, which aligned with the Comprehensive Plan. The allowance for private streets and the 8-foot fence, as previously approved in PZ24-033 and PZ25-001, supports the development’s timing goals without adverse effects on the general welfare. The modified performance timing for the amenity is reasonable given the scope of the amenities package.
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 developed for a single-family residential community, consistent with the surrounding areas.
Staff Response: The proposed changes maintain compatibility with the surrounding single-family residential community. The approval of private streets and an 8-foot fence aligns with neighborhood character and does not detract from nearby properties. The adjusted performance timing for the amenity enhances the development without negative impacts on adjacent properties.
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 minor modification to a zoning condition in no way affects any adjacent or nearby property.
Staff Response: The requested changes, including private streets and the 8-foot fence, were previously approved and found to have no adverse effects on adjacent or nearby properties. The adjustment to the performance timing for the amenity is reasonable and does not impact the usability of surrounding properties.
d. Whether there are substantial reasons why the property cannot or should not be used as currently zoned;
Applicant’s Response: As currently restricted, the timing threshold is too narrow/short given the extent of the amenities.
Staff Response: The modification to the performance timing is justified due to the extensive nature of the amenities package. This change supports the development’s completion and enhances community offerings without hindering the property’s usability as currently zoned.
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 modification does not affect public facilities.
Staff Response: The requested changes, including private streets and the revised amenity performance timing, will not place additional demands on public facilities. The infrastructure and public services will remain adequate to support the development as proposed.
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, the timing threshold is too narrow/short given the extent of the amenities.
Staff Response: The proposed changes respond to the development’s needs to ensure they are not stalled due to building permits being held. The private streets and 8-foot fence, previously approved, align with community expectations. The adjustment to the performance timing for the amenity is a reasonable and necessary modification to facilitate project completion.
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, the timing threshold is too narrow/short given the extent of the amenities.
Staff Response: The approval of private streets and an 8-foot fence does not compromise public health or safety. The adjusted timing for the delivery of the amenities package ensures the developer is not stalled and can receive permits to start building units. This modification on timing aligns with the original intent of that stipulation, which is to ensure that no more than 50% of units are occupied before the amenities are completed.
STAFF RECOMMENDATION
Staff recommends approval of the requested modifications.
1. All conditions of PZ22-004, which was approved on April 18, 2022, shall remain in effect except for those modified herein.
2. Traffic impacts will be reviewed as part of the Land Disturbance Permit process. Applicant agrees to offsite improvements necessitated by this development. All streets shall be public streets.
3. No more than 50% of building permits Certificates of Occupancy for the subdivision will be issued prior to the completion of the amenity, as evidenced by a certificate of completion.
4. An 8-foot perimeter fence is allowed and shall comply with the conditions of PZ25-001.