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File #: PZ 24-039    Version: 1
Type: Annexation Status: Passed
File created: 10/23/2024 In control: City Council
On agenda: 12/2/2024 Final action: 12/2/2024
Title: Rezoning Request. Meritage Homes of Georgia, Inc. requests to Annex and Rezone a parcel from R-20 in Unincorporated Cobb County to PUD-R in the City of Powder Springs to be combined with the Westmont Preserve Subdivision; Land Lot 1019, 19th District, 2nd Section, Powder Springs, Cobb County, Georgia. PIN: 19101900300
Attachments: 1. Executed PZ 24-039, 2. SCANNED Annexation & Rezoning Pkg-Meritage Homes of Georgia, Inc. Redacted, 3. Updated Site Plan. Westmont-2 Z100 10.30.24 Redacted
Related files: ORD 24 -021

PZ24-039

APPLICANT: Meritage Homes

REZONING REQUEST: Rezone a parcel from R-20 in Unincorporated Cobb County to PUD-R in the City of Powder Springs to be combined with the Westmont Preserve Subdivision.

LOCATION: Austell Powder Springs Road, in the vicinity of Westmont Preserve Subdivision. Land Lot 1019, 19th District, 2nd Section, Powder Springs, Cobb County, Georgia

ZONING: R-20 (County)                                           ACRES: 0.49                                          PIN: 19101900300

 

Staff Recommendation: APPROVE.                                           Planning and Zoning:

 

BACKGROUND: 

Meritage Homes of Georgia, Inc. requests to rezone a parcel from R-20 in Unincorporated Cobb County to PUD-R in the City of Powder Springs to be combined with the Westmont Preserve Subdivision. The original Annexation and Rezoning (PZ22-001) was approved on 3/21/2022, for the development of a single-family subdivision. A change in zoning conditions (PZ24-037) was approved on 11/04/20024 per the applicant’s requests to modify the site plan to create an additional access point on Austell Powder Springs Road, as required by Cobb DOT.

This request is for the annexation and rezoning of one additional parcel at the Austell Powder Road frontage, to allow for the placement of 2 units proposed in the previously approved site plan modification (PZ24-037).

The original approval of PZ22-001 allowed 113 units at an overall maximum density of 3 units per acre. Subsequently, the revised site plan reduced the total number of units to 104, resulting in a slightly lower density of 2.76 units per acre. The proposed single-family residential development aligns with the Neighborhood Activity Center (NAC) designation in the City’s Future Land Use Plan. This designation supports small-lot, single-family detached housing as an appropriate use, ensuring compatibility with the comprehensive plan and surrounding development.

 

 

SURROUNDING AREA:

Figure 1. Zoning Districts.

 

 

Figure 2. Site Plan. The subject parcel is highlighted in grey.

Figure 3. Subject Parcel and New Access Point.

 

 

 

ANALYSIS:

The application was reviewed against the following criteria:

 

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 requested rezoning to PUD-R aligns with the City’s comprehensive plan, which designates the area for residential development. The addition of two units within the Westmont Preserve Subdivision supports the plan's intent to promote cohesive, high-quality residential growth.

 

The proposed zoning district is consistent with the Comprehensive Plan. The site plan proposed is consistent with the single-family residential area of the concept plan presented in the Comprehensive Plan. Figure # 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 parcel and those previously annexed 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 PUD-R zoning is suitable and compatible with the surrounding residential uses, including the existing Westmont Preserve Subdivision and other adjacent single-family developments. The rezoning ensures consistent development standards along that frontage of Austell Powder Springs Road.

 

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.

 

No adverse impacts on adjacent or nearby properties are anticipated, as the proposed residential use is consistent with the established character of the area. The additional units will be integrated into the subdivision with minimal disruption.

 

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

 

The current R-20 zoning is inconsistent with the development of the Westmont Preserve Subdivision and limits the integration of the parcel into the approved site plan. Rezoning PUD-R allows for seamless incorporation into the existing subdivision plan.

 

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.

 

 

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 is supported by changing conditions, including the previously approved modification to the site plan (PZ24-037) and the need for an additional access point.

 

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 rezoning achieves a balance between public interest and property rights. It promotes orderly development in the area while ensuring the property owner's right to utilize the land in a manner consistent with the approved site plan.

 

 

 

RECOMMENDATION:

Staff recommend approval of the rezoning request from R-20 to PUD-R to incorporate the 0.49-acre parcel into the Westmont Preserve Subdivision. The proposed zoning is consistent with the surrounding residential development. Rezoning facilitates the placement of two additional units in accordance with the previously approved site plan modification (PZ24-037) and accommodates the new access point required by Cobb DOT. The proposed use is compatible with adjacent properties, and public facilities are adequate to support the development, ensuring a cohesive and orderly expansion of the subdivision.

 

Staff recommend approval with the following conditions:

1.                     All previous stipulations for PZ22-001 will remain in effect.

 

2.                     The site shall be developed in accordance with the last revision dated 10/30/2024, subject to Cobb DOT and City of Powder Springs engineering approval as reflected in the approval of PZ24-034 dated 11/04/2024.

 

3.                     The applicant will need to coordinate with Cobb County Department of Transportation relating to the future trail project, for additional right of way donation.

 

 

 

 

 

APPENDIX

Cobb County Department of Transportation Comments