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File #: PZ 21--036    Version:
Type: Special Use Status: Work Session Ready
File created: 8/31/2021 In control: City Council
On agenda: Final action: 12/6/2021
Title: Special Use Request: 3200 Powder Springs Road. To allow a Convenience Store with gas pumps within a CRC zoned district.
Attachments: 1. DRAFT MOTION Nov 1 2021, 2. Draft Motion Oct 4, 3. Special Use Application. 3200 Powder Springs Rd.pdf, 4. Proposed Site Plan, 5. External Image of Target Realty Service Station.jpeg, 6. Operating hours of competitor service stations within Powder Springs.pdf, 7. Mayoral Veto 12-09-21.pdf, 8. Signed PZ 21-036.pdf

STAFF REPORT

 

CASE NUMBER: PZ 21-036 Special Use

 

APPLICANT: Sadruddin Hakani, Target Realty.

 

PETITION:  Special use request to allow a convenience store with gas pumps within a CRC zoned district.

 

LOCATION: 3200 Powder Springs Road within land lot 867 of the 19th District, 2nd Section, and Cobb County, Georgia.

 

ZONING:   CRC                             ACRES:    8                    PIN:  19086700050

 

 

STAFF RECOMMENDATION: Approval            

     

 

BACKGROUND: 

The applicant proposes developing a retail strip, quick service restaurants, medical urgent care facility, and a convenience store with gas pumps and beer and wine sales at the future development site at 3200 Powder Springs Road. The applicant is requesting Special Use approval to develop the convenience store. Per table 2-3 of the UDC, Special Use approval is required to allow convenience store with gas pumps within CRC zoned districts with. The applicant intends to develop the convenience store before developing the rest of site. Figure 1 shows the proposed site plan - the convenience store is located at the western side of the site, at the intersection of Pine Grove Drive and Powder Springs Road. The subject site was approved by the Mayor Council for annexation into the City limits on June 15, 1998. (ORD 98-11). The subject property was further rezoned from Single-Family Residential District (R20) to Community Retail Commercial (CRC) to facilitate a retail development. This rezoning was approved with conditions on May 3, 1999 by the Mayor and Council. Appendix 2 and 3 show the stipulations of the approvals and the proposed site plan that accompanied the rezoning request. This prior approval, variances and stipulations are not grandfathered. Staff believes at the time the UDC did not require Special Use approval for convenience stores with fuel pumps in CRC zoned districts. The applicant is requesting Special use approval per the current provisions of the UDC. The applicant will move forward with engineering and architecture for the site is dependent on receiving a special use approval.  If required, variance requests will also be submitted in the future. Images submitted by applicant showing a recently developed project, similar to what is proposed for the Powder Springs Road site is available in Appendix 1 of this staff report.

 

  Figure 1. Proposed Site Plan. 3200 Powder Springs Rd. Full size in attachments.

 

 

SURROUNDING AREA:

Residential uses predominate to the north. MDR and R15-C zoning district exists immediately north of the future development site. The Ashleigh Parc and Pine Bluff residential developments are adjacent to the north and separated from the subject site by Pine Grove Drive. The zoning district to the east along Powder Springs Road is CRC in the City and GC (General Commercial) in the county. To the south is CRC within the City and GC zoning within the county, beyond which is predominantly LI zoning within the county. To the west is NRC zoning within the City.

     Figure 2. City Zoning District in Surrounding Area

  ANALYSIS:

The application was reviewed against the following criteria:

 

1.                     Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?

Yes, the CRC zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network.

Additionally, the future development map designates the undeveloped site at 3200 Powder Springs Road site as Commercial Corridors, which is consistent with the proposed use in a CRC zoned district.

 

 

 

2.                     Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?

The applicant intends to acquire the entire site and has presented a site plan for the entire future development site. The section to the far west, at the intersection of Pine Grove and Powder Springs road is the proposed location of the service station. The remainder of the site will be developed for retail, commercial, and office uses. The residential district boundary is greater than 100’ to the proposed location of the fuel pumps, satisfying the provisions of UDC 4-150.

 

Since CRC zoning already predominates at this future development site, and since commercial uses already exist and are the dominant use both east and west along Powder Springs Road, surrounding commercial property should not be negatively impacted by the proposed use.

 

Additionally, this site is adjacent to a Redevelopment Area designated in the 2021 Comprehensive Plan update draft. The 39-acre redevelopment area at Flint Hill and Powder Springs Road proposes the development of 66000 sf of commercial space and 172 residential units at varying densities.

 

 

 

3.                     Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

Yes, the future development site at 3200 Powder Springs Road is located at the City’s eastern gateway. A development at that entire site of the type proposed by the applicant is in line with the city’s future land use goals.

 

4.                     Is or will the type of street providing access to the use be adequate to serve the proposed special use?

Yes, the road realignment project at Flint Hill improved that intersection. Pine Grove Drive, and Powder Springs Road are adequate to serve the site.

 

5.                     Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

Yes, the road realignment project at Flint Hill improved that intersection. Pine Grove Drive, and Powder Springs Road are adequate to serve the site. The applicant proposes accessing the convenience store from Pine Grove Drive, however the submitted concept plan does not provide specific details on access to the site.

 

6.                     Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?

Public Service, utility, and public safety providers have sufficient capacity to support this proposed rezoning and use as a single-family residence. The proposed development will not impact schools.

 

7.                     Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare, or odor?

The property has an existing buffer than should be maintained to the greatest extent feasible. Dumpsters are required to be in enclosures meeting the requirements of the Unified Development Code. The applicant stated that these areas would  be screened from view. A landscaping plan will be reviewed as part of the Land Disturbance process. 

 

8.                     Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

The hours of operation of the proposed service station << insert hours>> The proximity to Ashleigh Park and Pine Bluff residential developments poses some concern to the residents there. Staff received the follow via email from the Asleigh Parc HOA:

1.                     Adherence to the following construction hours:

                                                  7 am to 5 pm Monday to Friday, October 1st to March 31st

                                                  7 am to 7 pm Monday to Friday, April 1st to September 30th  

                                                  9 am to 5 pm Saturdays, no work on Sundays.

2.                     Only one curb cut on Pine Grove Dr., by Georgia Palms and Garden, as a driveway to intersection.

3.                     Pine trees along Pine Grove Dr.  from Georgia Palms and Garden driveway northeast shall not be cut down.

4.                     Storm Water Management shall be an underground system.

5.                     Business operation hours shall be 6:00 am to 10:00 pm 7 days a week.

6.                     Parking area lighting shall be maximally illuminated to the extent allowed under the Cobb County Zoning Ordinance.  Security lighting on the building and canopy shall also be maximally illuminated; however, no lighting shall be allowed to penetrate outside the boundaries of the subject property.

 

 

9.                     Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

 

The height, size and location of the structure will be compatible with the surrounding properties.

STAFF RECOMMENDATION: APPROVAL with Conditions.

 

Staff recommends approval of PZ 21-036: Special Use approval to allow a convenience store will fuel pumps in the Community Retail Commercial (CRC) zoning district on property located at the intersection of Powder Springs Road and Pinegrove Drive, 3200 Powder Springs Road; with the following conditions:

 

1.                     The Special Use will allow a gas station and convenience store substantially in accordance with the site plan dated 10.22.2021. Subject to the approval of any variances to the City of Powder Springs Unified Development Code, if required. 

2.                     Construction hours will adhere to the Noise provisions of Sec. 10 - 53 (c) and all other applicable noise regulations of the Municipal Code:

Sec. 10 - 53 (c) - The operation of motorized construction equipment and the performance of outdoor construction and/or demolition activity on any building, structure, road or project shall be prohibited during the following times: Monday through Saturday from 6:00 p.m. until 7:00 a.m. during Eastern Standard Time and from 7:00 p.m. until 7:00 a.m. during Eastern Daylight Time, and all-day Sunday.

3.                     Storm Water Management shall be an underground system.

4.                     Business operation hours for the gas station and convenience store shall be within 6:00 am to 10:00 pm, daily.

5.                     Parking area lighting shall be maximally illuminated to the extent allowed under the City of Powder Springs code.  Security lighting on the building and canopy shall also be maximally illuminated, subject to the provisions of the city’s development code.

6.                     All buildings located on this the site must consist of 75% brick or stone, excluding the rear of the building adjacent to the residential subdivision. The remaining building material must be consistent with the standards outline in Article 5 of the Unified Development Code. Stucco will not be permitted. The gas station canopies, and canopy support shall incorporate brick columns and/or pitched roof, subject to staff review. All other building material and color scheme must be consistent with Unified Development Code and Powder Springs approved color scheme. Architectural review will be conducted administratively by staff prior to the building permitting process. The design and color scheme of the gas station canopy is also subject to architectural review.

7.                     The portion of the building facing Pine Grove Road is considered a front. The applicant must provide architectural renderings showing compliance with design requirements subject to staff review.

8.                     Access be limited on Pine Grove Road. Driveway access will be determined at time of Land Disturbance permit and shall be reduced from what is shown on the site plan. The curb cut closest to Powder Springs Road on Pine Grove Road shall be eliminated. Decel lanes may be required on Pine Grove Road.

9.                     Sidewalk and landscaping meeting buffer and/or frontage requirements will be provided along the frontages of Pine Grove Drive and Powder Springs Road for the entire parcel 19086700050. All sidewalk and landscaping must be installed prior to the issuance of the Certificate of Occupancy for the gas station.

10.                     All infrastructure, stormwater, water/sewer shall be installed for the entire parcel 19086700050, prior to the issuance of the Certificate of Occupancy for the gas station.

11.                     This property will be part of a Business Owner Association as required by Section 1-82 of the Unified Development Code. All buildings on this property on the parcel id 19086700050 shall have a cohesive look and have a uniform sign program.

12.                     No illuminated wall signage will be permitted along the frontage of Pine Grove Road.

 

 

 

 

 

 

 

 

APPENDIX

 

1.                     Images submitted by applicant showing a recently developed project, similar to what is proposed for the Powder Springs Road site.

 

 

 

2. May 3, 1999 Mayor and Council Approved Minutes with Stipulations.

 

 

 

 

 

 

3.                      Previously Approved Site Plan