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File #: PZ 22--033    Version: 1
Type: Rezoning Status: Tabled
File created: 11/1/2022 In control: City Council
On agenda: 1/3/2023 Final action: 1/3/2023
Title: Rezoning Request. To rezone from CRC to R-15. The property is located at 4033 Louise Street, within land lot 905 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19090500250.
Attachments: 1. Rezoning Application Redacted, 2. Executed Motion to Table to January 3, 2023., 3. Executed Motion to Withdrawal PZ 22-033

STAFF REPORT. PZ 22 - 033. Rezoning: Louise Street.

APPLICANT: Laurie Wong, Founder and Executive Director, Reflections of Trinity.

REZONING REQUEST: To rezone from CRC to R-15. The property is located at 4033 Louise Street, within land lot 905 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19090500250.

 

LOCATION: 4033 Louise Street. Psga

 

ZONING: CRC                                ACREAGE: 0.9 ac                       PIN: 19090500250

 

STAFF RECOMMENDATION:  DENIAL.   

PLANNING AND ZONING RECOMMENDS:        

 

 

 BACKGROUND: The property was previously owned by Two Forty-Seven LLC, and operated as a temporary shelter from 2010 to 2020. Special use approval was granted to operate a temporary shelter at the location in 2010. The building is approximately 1500 square feet and is built out with three separate entrances with a shared kitchen, bathrooms, and common areas. Reflections of Trinity, a 501(c)3 non-profit organization, purchased the property in the Spring of 2021 with the intent of using it as office suites for the organization. The proposed change in use triggered addition requirements to comply with provisions of the Cobb County Fire Marshall’s Office (CCFMO). The CCFMO required a firewall separating the residence from the offices, however, this option was cost prohibitive for the entity, so they opted to retain the existing use.

 

Ms. Wong sought and received special use approval (PZ 22-007) in April 2022 to provide the units to traveling healthcare professionals and to use the proceeds to help fund the mission of the non-profit organization. The traveling healthcare worker’s demand for short term housing has declined considerable with society’s ongoing recovery from the COVID pandemic, this has resulted in a decline in this special use at 4033 Louise Street. Ms. Wong is proposing to return the property to single family use and to make it available to residents by way of traditional leasing terms.

 

The house was built in 1961. The City’s archival zoning map from 1989 (Appendix II) shows the subject site zoned General Commercial (GC) which is the CRC zoning district currently. The use at the subject site has been commercial for many years, consistent with the current zoning designation.  The proposed residential use is not allowed in CRC, per Table 2-3 shown in table 1 below. Additionally, the lot conforms to the dimensional requirements for both the CRC and R-15 zoning districts.

 

Table 1. Excerpt. UDC Table 2-3. Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts.

Since the property is zoned for commercial use and has been continuously used as commercial in the recent past, there is no provision in the Unified Development Code that would allow for the grandfathering of a non-conforming residential use under the current CRC zoning, as detailed in Division IV of Article one of the UDC, concerning nonconformities. Therefore, rezoning of the property is required to allow for the use as a single-family dwelling. 

 

 

SURROUNDING AREA: The subject property is zoned CRC and is located at the southeastern corner of Louise Street and Austell-Powder Springs Road. R-15 zoned single-family residences predominate to the south and east, and CRC zoning and commercial development predominate to the west and north. The home approximately 1,467 square feet and consistent in style, year built, and layout to other homes that predominate the area. 

 

Figure 1. Zoning Districts. Pink: CRC. Orange: R15.

 

 

Figure 2. The property at 4033 Louise Street. Currently configured as three separate dwelling units. Visually consistent with homes in the area.

 

 

 

 

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 not compatible with the designation from the Future Land Use (FLU) Map in the Comprehensive Plan. Figure 3 shows Commercial Corridor (red) for the FLU designation of the subject property. Table 13-1 lists NRC, CRC, OP and MXU Zoning Districts as consistent with the that FLU category. R-15 is not a supported zoning district per the FLU designation.

Figure 3.  Future Land Use Designation.

 

 

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 zoning district of R-15 and the residential uses proposed are consistent with the adjacent and nearby properties. As shown in figure 1, R-15 (orange) abuts the subject site and predominates to the east along Louise Street and south along 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.

 

The requested zoning will not have an adverse impact on existing uses adjacent or nearby the subject site.

 

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

 

There is not substantial reason why the property cannot be used as currently zoned. The current use has been impacted by a decline in a need for traveling nurses. The applicant proposes to use the property as a single-family residence for lease.

 

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.

 

This rezoning will have a negligibly impact on service providers. Public Service, utility, and public safety providers have sufficient capacity to support this proposed rezoning and use as a single-family residence.

 

The Right-of-Way provided on Austell Powder Springs Road is less than the minimum specified for an Arterial Roadway. Should the applicant apply to develop the lot then that would trigger a requirement for the dedication of the additional right-of-way. 30-feet from centerline is provided on the subject property’s side of the road, where 50-feet from centerline is required.

 

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.

 

This Future Land Use map referenced in figure 3, does not support the proposed residential rezoning requested as it designates that site as Commercial Corridor, which is not consistent with the request R-15 zoning.

The proposed residential use is however consistent with uses that prevail adjacent along Louise Street and Austell Powder Springs Road.

 

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 zoning district is not consistent with the future land use designation but is the same zoning district that predominates adjacent to the east and south. The proposed rezoning will not impact health, or general welfare. It will make the zoning at this site consistent with original use of the home when it was constructed.

 

 

 

 

 

STAFF RECOMMENDATION:  DENIAL.

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX

 

 

I.                     Floor Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

II.                     Archival Zoning Map - 1989. The site was zoned General Commercial (GC) in 1989, which is currently the CRC Zoning District.