STAFF REPORT
Public Hearing Dates
Planning and Zoning Public Hearing: February 25, 2019
Mayor and Council Public Hearing: March 4, 2019
File #: PZ 19-008
APPLICATION: Special Use, City initiated
PETITION: The applicant is requesting a Special Use approval for a convenient store with fuel pumps in the Community Retail Commercial (CRC) zoning district.
PURPOSE OF THE REQUEST: Convenient store with fuel pump requires a Special Use approval in the CRC zoning district as required by Table 2-3 of the Unified Development Code.
LOCATION: Land Lots 869, 19th Districts, Powder Springs, Georgia. Parcel #: 19086900360
ACRES: Approximately 4.05 acres
CURRENT ZONING: Neighborhood Retail Commercial District (NRC)
PROPOSED ZONING: Community Retail Commercial (CRC), concurrent application
Location Map
Background:
The subject site is located at the intersection of Carter Road and Powder Springs Road within the Neighborhood Retail Commercial (NRC) zoning district. There is currently a rezoning request application (PZ 19-007) filed concurrently with this Special Use application. The rezoning application currently filed is to rezone from Neighborhood Retail Commercial (NRC) to Community Retail Commercial (CRC) zoning district to accommodate a convenience store with fuel pumps, restaurant with drive-through and a retail establishment. Based on Table 2-3 convenient store with fuel pumps requires a Special Use approval hence the reason for this application.
Prior to this application in 2008 a proposed shopping center was proposed for this site that was permitted by right within the NRC zoning district. However, a variance was sought to reduce the 50 foot landscape buffer to a minimum of 32 feet along the southern boundary. The variance was approved with conditions in January 7, 2009. Please refer to Exhibit 1 for the list of approved conditions.
According to the Memorandum of Understating (MOA) signed between the existing owners and the City (See Exhibit 2), this site in addition to adjacent lots (20 acres) was originally zoned NRC in 1997 by Cobb County. The only zoning stipulations that was placed on this site by Cobb County was requiring one curb cut on Powder Springs Road directly across from the curb cut granted to the nursing home across the street. The other curb cut for the entire NRC was granted on Carter Road. The entire 20 acres was later annexed into the City in 1998 in which the zoning remained NRC.
Surrounding Land Use:
South of the subject site is currently zoned Residential (R-15) consisting of single-family residences. East of the subject site is zoned Neighborhood Retail Commercial (NRC) with an existing self-service carwash facility. The vacant property located to the west falls within the Cobb County jurisdiction and is zoned Light-Industrial (LI). Directly north of the subject site at the intersection of Hopkins Road and Powder Springs Road also falls within Cobb County Jurisdiction and has a residential zoning designation and consists of an existing single-family home. There is also an existing assisted living facility zoned CRC located north of the subject site. An existing gas station is also located at the intersection of Hopkins Road and Powder Springs road that currently has a commercial zoning classification of CRC.
Analysis
Special Use Approval requests are reviewed by criteria set forth in Section 11-3 of the Unified Development Code. Based on analysis in this staff recommendation, this application meets the requirements of Special Use Approval, subject to the stipulations and provisions indicated below.
The application should be reviewed against the following standards:
a. Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?
As outlined in the Unified Development Code (UDC), the CRC zoning districts are designated on properties with access to major arterial streets and at intersections or arterial streets with other major street, where development nodes can be supported by the regional transportation network. The proposed request meets the intent of the CRC zoning district as the site is located along an arterial roadway. In addition, the proposed development will provide services to the surrounding residential and commercial uses.
b. 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 proposed request is located at the intersection of Powder Springs and Carter Road. There will be one access point from Carter Road a local road. Powder Springs Road an arterial road will have two (2) points of ingress and egress. There is currently signalization at this intersection that will promote orderly pedestrian and vehicular movement. There are also sidewalk along the northern side of Powder Springs Road that will allows for safe foot tracking in and out of the existing and proposed development. The applicant will be installing sidewalks on the south side of Powder Springs Road as part of this development. There is also a pedestrian crosswalk at this intersection. Though vehicle and pedestrian traffic may increase, the proposed development does not appear to create a public health and safety concern due to public safety amenities that exists. The development will also have a 32 foot landscape buffer that will separate the residential community located to the south of the subject site (Approved Variance January 7, 2009).
c. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?
The proposed site is currently zoned NRC which is also a commercial designated zoning district. If the site was developed using a NRC zoning designation commercial uses would have been allowed. The site plan indicates pedestrian and vehicular traffic concentrated along the front portion of the site. The proposed site plan also indicates multiple access points that should allow for easy access in and out of the property with minimal interference with adjacent uses. The application to allow gas pumps at this location is consistent with the desirable pattern of development in general. Staff notes that there is not a gas station on the south side of Richard Sailors Parkway or Powder Springs Road within the City Limits. The proposed access on Powder Springs Road will allow for right in/ right out traffic and be convenient for travelers.
d. Is or will the type of street providing access to the use be adequate to serve the proposed special use?
The proposed request is located at the intersection of Powder Springs Road and Carter Road. There will be one access point from Carter Road a local road. Powder Springs Road an arterial road will have two (2) points of ingress and egress. Access point provided appears to be adequate to facilitate the development. A site plan review will also be conducted by Cobb Department of Transportation (DOT) in which all DOT requirement must be met.
e. 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?
There is currently signalization at this intersection that will promote orderly pedestrian and vehicular movement. There are also sidewalk along the northern side of Powder Springs Road that will allows for safe foot tracking in and out of the existing and proposed development. There is also a pedestrian crosswalk at this intersection. Though vehicle and pedestrian traffic may increase the proposed development is not anticipated to create a public health and safety concern due to public safety amenities that exists. The development will also have a 32 foot landscape buffer that will separate the residential community located to the south of the subject site.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?
Cobb County has indicated that water and sewer capacity is available for this site. There is currently an eight inch (8") sewer line and storm drain line of 24’, 30’ and 36’ installed across the entire front of the property. This sewer line currently serves the car wash located to the east of the proposed development. There is also a 12" water main that runs along Powder Springs Road. A cross access easement has been recorded for the carwash and the proposed site for the existing owners, its successors and heirs, for ingress and egress at the Powder Springs Road curb cut and the future cut on Carter Road (Memorandum of Understanding between SG Investment CO and the City of Powder Springs, 11/20/03, Exhibit 2).
Based on the Memorandum of Understanding (MOA) signed between the City and the current owners of the subject site, a temporary retention pond was designed and installed adjacent to the subject site. The pond was designed and approved to handle storm water from the proposed site and the carwash. The MOA also states the City allowed the temporary pond to be placed at the edge of the 100 year flood plain with the expressed understanding that once the 4.05 acres was completely developed the owner would deed the pond and remaining flood plain, adjacent to the City Trail, to the City at no cost. The MOA also states if the City chooses would abandon the retention pond and re-landscape the area at the City’s expense. A Storm-water Management Plan currently exists for this subject site and the carwash which is dated April 9, 2002 (See attached).
The proposed request should not negatively impact the police and fire department. However, the site is within close proximity of these services in the event of an emergency. School capacity will not be impacted by the proposed development.
g. 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 proposed development and the residential subdivision located to the south will be screened by a 32 foot landscape buffer (Approved variance January 7, 2008). As conditioned the 32 foot landscape buffer will include a staggered double row of Elaeagnus and/or Leyland Cypress trees (See conditions in Exhibit 1). The conditions also require a eight (8’) foot high wood fence along the rear property line. Conditions outlined in the variance also requires lighting to be shoe box style with shields attached to deflect light away from the neighboring residential subdivision. These requirement will reduce the impact of light, noise and dust. Loading activity will be at the rear of the facility. To minimize the impact of loading the service area will be one way with speed bumps. The site plan indicated location of dumpster to the southeast portion of the subject site. Dumpster will be screened from view and must meet the requirement outline in the Unified Development Code.
h. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
The proposed convenience store with fuel pumps will be opened 24 hours. The landscape buffer and fence provided will minimize the impact of this special use request during and after construction.
i. 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 development of the site must be consistent with the requirements of the proposed CRC zoning district. Building height may not exceed 50 feet or 4 stories. Impervious Surface for the site must not exceed the impervious surface ratio of 75%.
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 proposed request should not have any negative economic impact on the City of Powder Springs as infrastructure and services are already in place to serve the proposed request.
Department Comments:
Cobb County Water System: Wastewater treatment capacity is available
Cobb Department of Transportation: To be determined at full site review
• Provide pavement, base composition study for Carter Road from a Professional Geotech.
• Carter Road may need to be rebuilt to the commercial specifications.
• Carter Rd access is to restrict the left in maneuver with a concrete island and signage.
• Curb and sidewalk the entire road frontage.
• Grading, drainage, utility, striping, signage plans are required for full review.
• Provide Additional R/W for frontage improvements.
• Provide $25K cash bond.
• Provide required details, notes, etc.
• Meet the required county requirements
Recommendation:
Staff recommends approval of PZ 19-008 with the following Conditions:
1. 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 Carters Road in Land Lots 8969, 19th Districts, Powder Springs, Georgia.
2. The fuel pumps may not exceed five (5) pump islands with 10 pumping stations (2 vehicles per pumping station) as indicated on the site plan provided.
3. That the approval of this Special Use is not limited to the applicant and is transferrable to any other business or subsequent owner.
4. Violation of the conditions of approval will render the approval null and void.
5. Special Use approval is pending rezoning of property to Community Retail Commercial (CRC). If rezoning application is denied this request will not be valid.
Approved Variance,
Reduction in Landscape Buffer width
Exhibit 2
Memorandum of Understanding between SG Investment CO and the City of Powder Springs