City of Powder Springs - File #: PZ 22--001

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
3/21/2022	2	City Council	approved	Pass	Action details	Meeting details	Not available
3/7/2022	2	City Council	tabled	Pass	Action details	Meeting details	Not available
2/28/2022	1	Planning & Zoning Commission			Not available	Meeting details	Not available
2/10/2022	1	Planning & Zoning Commission			Not available	Meeting details	Not available
1/24/2022	1	Planning & Zoning Commission			Not available	Meeting details	Not available
1/13/2022	1	Planning & Zoning Commission			Not available	Meeting details	Not available

STAFF REPORT: PZ 22 - 001. Rezoning: Dugger Drive.

APPLICANT: Dossey, LLC. Represented by Kevin Moore and Jeff Smith.

PETITION: To consider rezoning from R-20 and GC in the County and R15 in the City, to PUD-R in the City. The property located at Austell Powder Springs Road, Dugger Drive, Smith Drive, and Frank Aikin Road. Related Annexation Petition: ORD 22 - 001.

LOCATION: Austell Powder Springs Road, Dugger Drive, Smith Drive, and Frank Aikin Road

CURRENT ZONING: R-20 and GC (County) and R15 (City) ACRES: 37.21

REQUESTED VARIANCES:

1. Variance to allow minimum horizontal road centerline radius of 37 feet.

2. Variance to Sec 2-15 to allow minimum lot size of 6000sf

3. Variance to Sec 12 -13 to waive requirement to maintain 75% of existing tree canopy.

STAFF RECOMMENDATION: APPROVAL

PLANNING AND ZONING COMMISSION RECOMMENDS APPROVAL.

BACKGROUND: The applicant proposes developing 112 detached single-family homes, at density of 3 units per acre. The total tract acreage of the subject site is 37.21 acres. The subject site consists of 11 parcels, 10 of which are in the County. The accompanying annexation Ordinance 22 - 001 is scheduled for Council’s second reading concurrent with council’s consideration of this rezoning request.

Cobb County previously submitted a letter of intent to object to the annexation on January 19^th, 2022. Informal negations subsequently ensued between the county, the applicant’s attorney, and city staff. The period for the county to provide a formal objection or non-objection has since elapsed, per the Intergovernmental Land Use Agreement (HB 489). However, discussions between Tina Garver (Community Development Director) and the County concluded with the county expressing support for the annexation. Since the County missed the period to provide formal feedback to the City, there will not be a formal non-objection letter as is generally the case.

The City’s storm water engineer, Jennifer Kobylus, conducted a state waters determination at the proposed site and discovered additional state waters requiring a stream buffer at the parcels east of Dugger Drive. These features were not previously delineated as there was no evidence of their existence when the applicant’s consultant conducted an analysis in August 2021. The survey and site plan submitted with this application do not account for the recently discovered features, however, the applicant has assured staff that a new survey and undated site plan are forthcoming.

An assessment of housing sales data provided by MarketNsight shows that the demand for single family housing in the McEachern High school district far outstrips the available inventory of new and existing homes. Assessing a trailing 12month of sales data reveals that this market had 0.9 months of supply - 6 months of housing inventory supply is the indication of a balanced market. The report shows a supply deficit of 337 units, with a total inventory of 55 units. In summary, these findings provide a clear indication that the market can absorb the additional supply of housing units.

Furthermore, analysis included in the recent update to the city’s Comprehensive Plan indicate that the city can support growth in residential development. The comprehensive plan analyses projected that 1,525 additional units could be developed if all remaining land within residential and mixed-use zones were fully developed at permitted densities. Note that the rezoning under consideration here is for lands to be annexed that are currently outside the city limits.

Figure 1. Subject Site. 30.93 acres to be annexed, of the total acreage of 37.21 acres.

Figure 2. Proposed Site Plan.

SURROUNDING AREA: R-15 and R-15C (city) prevails to the east of the proposed development. Adjacent to the north is undeveloped LI (city). To the south and west prevails R-20 within the county. The Cobb County Future Land Use designation for the area west of Dugger Drive is Low Density Residential, and Community Activity Center for the area east of Dugger. One county parcel included in the development deviates from residential zoning. That parcel is zones GC in the county and houses the remnants of a former commercial use.

Figure 3. R-15 and R-15C predominates in the city, adjacent to the east. LI (undeveloped) in the City adjacent to north. Red: GC is the County. Pale Yellow - R20 in the County. Bright yellow: R-15 in the City and included in the development site.

ANALYSIS:

The application was reviewed against the following criteria:

1. 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 proposed zoning district is consistent with the Comprehensive Plan. The site plan proposed is considerably similar to the single-family residential area of the concept plan presented in the Comprehensive Plan. Figure 4 shows the comprehensive plan concept. Note that the proposed site does include the area to the north of the concept. The single -family residential development proposed is consistent with Neighborhood Activity Center designation for the area, where small-lot single-family detached houses are called out as an appropriate use.

Additionally, the parcels being considered for annexation are included in Phase 1 of the Comprehensive Plan’s Annexation Plan.

Figure 4. Concept Plan and land use for the area. Source: Comprehensive Plan 2021.

2. 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 proposed rezoning to PUD-R, is compatible with the existing residential zoning districts that prevail in the area.

3. 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.

There is the potential for adverse impact to usability of the undeveloped light industrial parcels adjacent to the north. However, the future land use designation of those LI parcels is Neighborhood Activity Center, a designation that is supportive of the proposed residential development.

Additionally, the site is predominantly undeveloped with an existing tree canopy. The code provides that no more than 75% of the existing tree canopy coverage can be removed. The applicant has requested a variance to this requirement.

Developing a residential subdivision at this site may positively impact adjacent properties by catalyzing new or revitalized commercial development at the nearby commercial areas along the Austell Powder Springs Road corridor.

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

The commercially zoned county parcel is not consistent with the residential zoning that prevails. As currently zones, a commercial use at that parcel (Figure 2. red area) would adversely impact the adjacent residentially zoned parcels. Creating consistent zoning (to PUD-R) would allow for the development of a “small lot residential development,” which is a defined appropriate use consistent with the future land use designation of the area.

5. 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.

The schools serving the area are reporting under capacity. The applicant reported the following capacity numbers on their rezoning application: Powder Springs Elementary 110 seats under capacity; Cooper Middle 115 under capacity; McEachern High 93 seats under. However, there may be a need for an analysis of the impact the proposed development might have, given the volume of residential development proposal currently being considered within the city. Feedback has not yet been received and considered as it relates to the impact to schools, public safety capacity, and roads. Additionally, the applicant proposes the following road improvements as a part of the development: Improve Dugger Drive; widen Smith Drive; Turn lane and decel lane at Austell Powder Springs Road; decel lane on Frank Aikin Drive. Feedback has not yet been received and considered as it relates to the impact to schools, public safety capacity, and roads.

6. 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.

The proposed use is supported by the recently updated comprehensive plan.

7. 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 development of a residential subdivision at the subject site would improve general welfare and not negatively impact adjacent users, nor restrict usability of nearby parcels.

PLANNING AND ZONING COMMISSION RECOMMENDS APPROVAL

RECOMMENDATION: Staff recommends APPROVAL with the following conditions:

1. 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 which constitutes the subject matter of the above-captioned Application for Rezoning. The rezoning is from R-20 and GC in the County and R15 in the City, to PUD-R in the City.

2. The Subject Property shall be developed in substantial conformity to that certain revised site plan, prepared by Ridge Planning and Engineering for Dossey, LLC., dated 10/29/2021. The site plan shall be updated to include for all state waters and their buffers not previously shown, and submitted for administrative review and approval.

3. The construction of a maximum number of 113 single-family residential homes at an overall maximum density of 3.0 dwelling units per acre.

4. The setback are as follows:

Front: 20 feet from right-of-way

Side: 5 feet

Rear: 20 feet

Between buildings: minimum of 10 feet

5. The minimum lot size shall be of 6,000 square feet.

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 brick.

All elevation shall contain no less than 50% brick on the front façade.

All side and rear elevation visible from the right-of-way shall contain brick or stone no less than 50% where exposed to the right-of-way.

A brick water table shall be required on the side elevations of all internal units.

7. The amenities package within the proposed subdivision shall be of a premium standard, and shall consist of active and passive recreation. The amenities package shall be subject to administrative review and shall contain the following minimum requirements:

i. A club house 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 pickle ball 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.

8. No more than 50% of building permits for the subdivision will be issued prior to the

completion of the amenity, as evidenced by a certificate of completion.

9. All areas located in the undisturbed stream buffer shall be placed in a conservation easement. A split rail fence and sign delineating the stream buffer shall be required where back yard meet the undisturbed stream buffer.

10. The requested variances shall be granted as follows:

1. Variance to allow minimum horizontal road centerline radius of 37 feet.

2. Variance to Sec 2-15 to allow minimum lor size of 6000sf

3. Variance to Sec 12 -13 to waive requirement to maintain 75% of existing tree canopy.

11. 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.

12. 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. 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 landscaped 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.

13. 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.

14. Subject to recommendations from the City of Powder Springs Engineer and/or the City's consultants concerning hydrology, stormwater management, detention, water quality and downstream considerations, including recommendations regarding the ultimate positioning and configuration of on-site detention and water quality. Also, compliance with the following engineering considerations:

a. Providing the City Engineer and/or the City's consultants with a Hydrology Plan for the Subject Property during the Plan Review process.

b. Verifying all points of discharge with respect to detention/water quality.

c. Compliance with the protections required under State and Local Law concerning adjacent and on-site streambank buffers.

15. 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.

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

17. Road frontages will be heavily and professionally landscaped which may include the use

of berms, fencing, and substantial plant material to provide for visual screening.

18. All perimeter and roadway buffer areas will either be owned by the HOA or deed

restricted with maintenance easements in favor of the HOA.

19. Declarant or any builder construction homes within the proposed community must sell

any such home for owner occupancy only. Thereafter, leasing of any units within the

entire development, with a minimum lease term of one (1) year. The mandatory

homeowners association must maintain records dealing with any lease withing the

Development, and such records shall be subject to review by the City of Powder Springs

personnel with regard to enforcement of this provision limiting the total number of

leases within the Development to no more than 5%. The homeowner association shall

agree to provide, upon request to the City of Powder Springs, and all information

relating to existing leases at the time of anu such request by the City. The City shall be

named a third-party beneficiary entitles to enforce this provision of the covenants.

20. Traffic impacts will be reviewed as part of the Land Disturbance Permit process. Applicant agrees to offsite improvements necessitated by this development.

21. 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.