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Rezoning Application
OI, R-15 and R-20 to CBD
City of Powder Springs
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PETITION: The applicant, City of Powder Springs is initiating a Rezoning for select parcels in the downtown City of Powder Springs core to be changed to Central Business District (CBD) for select parcels not currently zoned CBD located in Land Lots 874, 875 and 902, 19th District, 2nd Section.
Recommendation:
Approval.
Background
The City of Powder Springs, in an effort to create a consistent zoning area in the downtown area, has initiated a rezoning application for the properties shown on the attached map. The purpose of this change is to eliminate confusion by having multiple zoning categories in the downtown area. In order to address this issue and to make all zoning in the downtown core consistent, the city has initiated a rezoning application of all Residential and Office/Institutional zoned properties. There are currently 17 parcels shown in the attached map located in the City’s core downtown area not currently zoned CBD, and are mostly city owned properties.
In cases where the existing use is not permitted by the new zoning district, the use will be allowed to stay subject to the requirements of Section 1-62 of the Unified Development Code.
The CBD zoning district in accordance with Sec. 2-25 of the Unified Development Code (UDC) corresponds with the established downtown area of Powder Springs, which is the historic cultural, business, and governmental center of the city. The CBD zoning district is intended foster a unique sense of place and identity for the city. This intent can be achieved by providing for an appropriate mixture of land uses and intensity of development conducive to maintaining the downtown area as a focal point for civic activities and traditional “main street” retail commercial and service uses. The CBD zoning district is also intended to provide for a vibrant mix of land uses within easy walking distance of abutting and adjacent neighborhoods, including commercial, office, various forms of housing, civic and institutional uses, and parks and recreation areas. Townhomes and loft apartments are considered particularly appropriate residential uses. The absence of front building setbacks in the CBD zoning district encourages a public realm that promotes “street life” while allowing for greater utilization of the land.
Analysis
The application should be reviewed against the following standards:
a. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?
According to the Future Land Use Map, this area is located in the Downtown Activity Center and Community Service/Institutional area. The comprehensive plan states that the DAC zoning district is the land use category for downtown Powder Springs and is conceived as a combination of land uses typical of traditional small downtowns: restaurant, retail, service, and office uses at the street level and residential uses at the street level and residential uses on upper floors or in the rear of the facility. The urban design of the area is prescribed to be walkable, and with active store frontages. Furthermore, the CSI category includes state, federal and local governmental uses, and institutional land uses like schools and community centers. Therefore, the request to rezone the subject properties to the CBD District will allow use compatible with the Comprehensive Plan.
b. Is the proposed use consistent with the stated purpose of the zoning district that is being requested?
The proposed use for commercial establishments is consistent with the zoning district that is requested. The CBD zoning district is intended to provide for a vibrant mix of land uses within easy walking distance of abutting and adjacent neighborhoods, including commercial, office, various forms of housing, civic and institutional uses, and parks and recreation areas. Uses permitted consist primarily of commercial, retail and institutional establishments which encourages a public realm that promotes “street life” while allowing for greater utilization of the land. Therefore, the proposed uses are consistent with the purpose and intent of the CBD zoning District.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The proposed uses are consistent with the zoning district that is requested. The CBD zoning district is intended foster a unique sense of place and identity for the city. This intent can be achieved by providing for an appropriate mixture of land uses and intensity of development conducive to maintaining the downtown area as a focal point for civic activities and traditional “Main Street” retail commercial and service uses.
Therefore, the proposed uses for properties located in downtown core area are consistent with the purpose and intent of the CBD zoning District. The subject properties are surrounded by OI, R-15, R-20 and MDR zoning districts.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The proposed use is suitable with zoning and development of adjacent and nearby property. The adjacent and nearby properties are zoned OI, R-15, R-20 and MDR. The subject properties are located within the city’s downtown core. The purpose of this change is to eliminate confusion by having multiple zoning categories in the downtown area, and in order to address this issue and to make all zoning in the downtown core consistent and uniform. Therefore, the proposed use is suitable with zoning and development of adjacent and nearby properties.
d. Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?
The existing use and usability by the adjacent or nearby properties will not be adversely affected by the proposed use. In cases where the existing use is not permitted by the new zoning district, the use will be allowed to stay subject to the requirements of Section 1-62 of the Unified Development Code. This will allow better utilization of vacant or commercial properties in coherence with the Comprehensive Plan and Future Land Use Categories.
e. Are their substantial reasons why the property cannot or should not be used as currently zoned?
In cases where the existing use is not permitted by the new zoning district, the use will be allowed to stay subject to the requirements of Section 1-62 of the Unified Development Code. By allowing a CBD, future uses will be more consistent with the goals and visions of the City of Powder Springs. For example, a number of properties are zoned O/I where a restaurant is not permitted by right. The community has expressed its desire for a restaurant in the downtown area. The zoning of O/I limits potential.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?
The rezoning to CBD will not require substantial additional services to serve its proposed use. All permitted uses will have to comply with the requirements established for CBD zoning district. Any of the select properties before being used commercially will need to meet all requirements of the Cobb County Fire Marshal, Building code and all other applicable codes including tenant occupancy process established by the city’s ordinance.
g. Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties?
The proposed uses compatible with CBD zoning district with the surrounding areas and the comprehensive plan.
h. Does the proposed use 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 uses to rezone the downtown core properties will permit a use that supports the community by adding additional investment and commercial development in accordance with the zoning of surrounding properties and the Comprehensive Plan. Furthermore the proposed use appears to meet the goals and objectives of the property owners, the community and the Comprehensive Plan.
Fiscal Impact:
The subject properties are located along Marietta Street, Jackson Way, Lindley Way, Murray Avenue, Pineview Drive, Oakview Drive and North Avenue surrounded by uses permitted consistent with the CBD zoning district. The existing water and sewer services will not require additional services to serve regarding this rezoning.
Summary:
The City of Powder Springs, in an effort to create a consistent zoning area in the downtown area, has initiated a rezoning application for the properties shown on the attached map. The purpose of this change is to eliminate confusion by having multiple zoning categories in the downtown area. In order to address this issue and to make all zoning in the downtown core consistent, the city has initiated a rezoning application of all Residential and Office/Institutional zoned properties.
In cases where the existing use is not permitted by the new zoning district, the use will be allowed to stay subject to the requirements of Section 1-62 of the Unified Development Code. No change in taxes is anticipated by this application. Staff has reviewed the request for a rezoning from the Office Institutional (OI), Single-Family Residential District (R-15), and Single-Family Residential District (R-20) to Central Business District (CBD). Staff recommends approval of this application with conditions.