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File #: PZ 24-031    Version: 1
Type: Rezoning Status: Public Hearing
File created: 8/27/2024 In control: City Council
On agenda: 11/4/2024 Final action:
Title: Rezoning Request. To modify the conditions of Rezoning Approval PZ21-014, for Selig Enterprises (Heartwood Apartments). The property is located at 4493 Brownsville Road within Land Lots 1025,1026, 1027, 1047, 19th District, 2nd Section, and Cobb County, Georgia.
Indexes: MIT FY 23 - Prepare for Growth and Development (infrastructure in place; annexation; curb cuts, recycling; signage), MIT FY 23 -Commercial Development, SP - Create Destinations that appeal to residents
Attachments: 1. Signed PZ 24-031 Tabled Motion to 11-04, 2. PZ 24-031 Tabled to Oct 7, 3. 4391 Brownsville Rd - Proposed Outparcels Site Plan 08-20-24, 4. 4391 Brownsville Rd - Proposed Restaurants Site Plan 08-20-24
Related files: PZ 21--014, PZ 21--025, RES0 21-165, RPT 22-014, PZ 22--005, MOT 22 -017

PZ24-031.

APPLICANT:  Selig Enterprises. Represented by Adam McDowell.

REZONING REQUEST: To modify the conditions of Rezoning Approval PZ21-014, for Selig Enterprises (Heartwood Apartments), to allow additional access on Brownsville Road.

LOCATION: 4493 Brownsville Road.

ZONING:    MXU                          

Staff Recommendation:                                            Planning and Zoning Recommendation:

BACKGROUND: 

Originally approved on May 3, 2021, PZ 21-014 approved the rezoned from Community Retail Commercial (CRC) to Mixed-Use (MXU) for the development of a mixed-use project to included ten residential buildings comprising a total of 300 Class A apartment units in Phase 1 of the development. The project so far has developed the Heartwood Apartments, which is a luxury apartment community adjacent to retail and commercial spaces. The intent for the future phase was to provide inter-parcel access to promote ease of movement within the development and the surrounding areas.

As part of the original approval, Condition #13 restricted the development to the access points shown on the site plan dated March 19, 2021, specifically limiting additional curb cuts on Oglesby Road and Brownsville Road to mitigate potential traffic concerns. The applicant is now seeking to modify this condition by requesting an additional access point on Brownsville Road. This change is proposed to attract national retail and food service tenants, who require dedicated access to Brownsville Road to ensure the viability of their operations within the development.

While staff is supportive of the applicant's pursuit of retail options for the parcel adjacent to Heartwood Apartments, concerns have been raised regarding the potential increase in traffic and turning movements along Brownsville Road. Staff’s support for the additional curb cut is contingent on further engineering analysis, particularly in relation to traffic impacts and compliance with existing codes requiring inter-parcel access.

Additionally, staff if supportive of drive-thru configurations with the drive thru lane facing the right-of-way, which conflicts with current code provisions that specify that drive-thru lanes must not face the right-of-way. This would be subject to further review and approval.

SURROUNDING AREA:

The subject site is adjacent to a mixture of residential and commercial uses. North of the subject site is zoned CRC which includes a church and strip mall. East of the site is the Villas of Seven Springs West Condos which is zoned MDR. South of the subject site are single family residences within the R-20 zoning district, and a commercial operation at the intersection of Oglesby Road and Brownville Road within the CRC zoning district. West of the subject site is CRC except for one parcel that is designated as R30. West of the subject site is currently developed with a Kroger supermarket, gas station, Zaxby’s, retail strip mall and single-family homes and an auto parts store.

 

Figure 1. Zoning Districts

 

Figure 2. Site Plan.

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 change in MXU zoning conditions aligns with the city’s comprehensive plan, which encourages uses in that area that integrate residential and commercial uses to enhance community vibrancy. The future land use designation supports the applicant’s initiatives to attract national retail and restaurant tenants to the commercial corridor along Brownsville Road.

 

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 requested change in zoning conditions must be assessed against impacts to traffic. The proposed uses are suitable given the existing MXU zoning and development patterns of adjacent properties along the Brownsville Road commercial corridor. The integration of commercial spaces at road frontage alongside residential units at Heartwood Apartments is consistent with the area's character.

 

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.

Commercial uses prevail in the area, and the proposed uses are consistent with the types of commercial developments that current exist in the area.

 

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

Substantial reasons exist for the proposed zoning change to allow the additional access point, primarily the need to attract national commercial tenants who require the dedicated access. It is important to note that this must be assessed regarding potential negative traffic impacts.

 

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.

Public facilities, including roads, utilities, and emergency services, need to provide their assessment and any proposed enhancements to accommodate the additional curb cut. Traffic studies will be critical in determining if and what additional improvements are necessary.

 

 

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 request for an additional access point to attract restaurants and retailers reflects the growing demand for these uses in Powder Springs. The comprehensive plan anticipated future commercial development along the Brownsville Road commercial corridor.

 

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 proposed additional curb cut poses potential adverse traffic impacts, and staff has concerns about the traffic safety issues that may arise from additional turning movements along that section of Brownsville Road. Mitigating factors need to be assessed, including signalizing the proposed intersection. The applicant is not supportive of right-in right-out only movements and has indicated that the potential tenants desire unrestricted dedicated access to the out parcel.

 

 

 

 

RECOMMENDATION: