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File #: PZ 21--031    Version: 2
Type: Rezoning Status: Passed
File created: 8/10/2021 In control: City Council
On agenda: Final action: 9/20/2021
Title: Rezoning: City owned property located at Pine Grove Drive and Powder Springs Road to consider the city-initiated rezoning from NRC to CRC.
Attachments: 1. Exhibits. City initiated rezoning.pdf, 2. Signed PZ 21-031.pdf

Staff Report

 

Case Number: PZ 21-031

                     

APPLICANT: City of Powder Springs: City-initiated Rezoning

                     

PETITION: Rezoning: NRC to CRC of the City owned property located at Pine Grove Drive and Powder Springs Road, within land lot 867 of the 19th District, 2nd Section, and Cobb County, Georgia.  To consider a city-initiated rezoning of city owned property, NRC to CRC at Pine Grove Drive and Powder Springs Road.

 

PURPOSE OF THE REQUEST:  This rezoning is intended to make the zoning of the subject site consistent with the zoning of the adjacent property to the east along Powder Springs Road.

 

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

 

PARCEL ID NUMBER: 19086700080.

 

BACKGROUND: The road realignment project at the intersection of Powder Springs Road and Flint Hill Road resulted in Pine Grove Drive crossing the future development site at a different point.  This resulted in inconsistent zoning (NRC and CRC) on that future development site. This rezoning request would make the entire future development site CRC zoning. The lot highlighted in red is NRC, while lot to the east is zoned CRC. On the map below, these lots are separated by the previous path of Pine Grove Drive, however, Pine Grove Drive now runs to the west of the subject site as shown. Pine Grove is now directly across from Flint Hill Road, forming a four-way intersection at Powder Springs Road.

 

 

Figure 1 Parcel to be rezoned from NRC to CRC at the intersection of   Flint Hill Rd., Pine Grove Dr. and Powder Springs Rd.

 

SURROUNDING LAND USE:

 

To the north exists NRC zoning, and a mix of residential commercial uses exist along Pine Grove Drive. MDR zoning district exists immediately north of the future development site. The zoning district to the east along Powder Springs Road is CRC in the City and GC (General Commercial) in the county. Commercial uses predominate to the west along Powder Springs Road within the City, and LI is the predominant County zoning. To the south is GC zoning within the county, beyond which is predominantly LI zoning within the county.

 

Figure 2 Adjacent Zoning within the City                                     Figure 3 Adjacent Zoning within the County

 

 

 

 

ANALYSIS:

The application should be reviewed against the following criteria:

 

 (a) 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 of CRC currently exists on the adjacent property. The future land use map designates the subject site as Neighborhood Activity Center: The Neighborhood Retail Commercial designation was established to provide locations for retail, services, and office uses that reflect a neighborhood level of intensity and serve a small geographic area that are compatible with the surrounding residential neighborhoods and are less dense. The neighborhood Activity Center designation is compatible with the following zoning districts: NRC, O-I, MXU. Though CRC is not mentioned, the site highlighted in the comprehensive plan is currently zoned CRC and the intent of this rezoning to create consistent zoning at this site by rezoning the small remnant of the road realignment project to CRC.

 

Figure 3.  Future Land Use Map.

 

(b) 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 adjacent zoning is CRC. The realignment of the road separated this property from the other NRC zoned property located to the west of the road. The proposed zoning of CRC would be consistent with the uses that currently exist to the east and west along Powder Springs Road.

 

(c) 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.

 

Since CRC zoning already predominates at the future development site, and since commercial uses already exist and are the dominant use both east and west along Powder Springs Road, it the view of staff that this rezoning poses no adverse impact.

 

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

 

This remnant of the road realignment project at Flint Hill created inconsistent zoning and the future development site. As currently zoned, a developer would need to initiate a rezoning to make the site consistent.  Mentioned in the comprehensive plan, is a goal to “Promote revitalization of declining commercial areas.” Creating consistent zoning at this future development site makes it more attractive to a developer. Furthermore, The Development Authority of Powder Springs aims to use this City owned property in its deal making endeavors to attract quality development to this area. This area of Powder Springs Road has not seen new development in many years, and the existing uses are not particularly attractive now. With this being the gateway to the City from the east, new development at this site could potentially catalyze a revitalization of the area, especially given the investment the city has made in the road realignment project at Flint Hill Road. 

 

(e) 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.

                     

It is staff’s view that public utility and public safety services have sufficient capacity to support new development at this site in the future. We have not received any formal comments in support of or against this rezoning.

 

(f) 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 zoning is consistent with the goals of the Comprehensive Plan and is consistent with the zoning and uses that already predominate in the area.

 

(g) 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.

 

CRC zoning does not allow uses that would pose a threat to public health in the way of air or water pollution as might exist in industrial districts. Attracting quality development to this area would likely enhance general welfare by providing access to service and office uses that don’t currently exist in the area. 

 

 

RECOMMENDATION: Approval