STAFF REPORT: PZ 22 - 002
APPLICANT: Capital City Properties, LLC. Principal: Peter Bright
PETITION: Request to rezone from R-15 to PUD-R.
LOCATION: 4385 Walton Street within the 19th District, 2nd Section, Land Lot 903, Cobb County, Georgia.
CURRENT ZONING: R-15 ACREAGE: 1.82 acres PIN: 19090300260
REQUESTED VARIANCES:
1. Variance to Section 2-15. (c) to reduce building setback required along the perimeter of the site, abutting any zoning district, from 35 feet to 25 feet.
2. Variance to Section 8-70 (b) to allow hammer head streets. A dead-end street other than a cul-de-sac shall not be allowed. Hammer heads on site plan considered dead ends and would require a variance.
STAFF RECOMMENDATION: Denial
BACKGROUND: The applicant proposes to develop 15 townhomes at a density of 8.24 units per acre on the 1.82 acres site at 4385 Walton Street. On May 4th, 2020, City Council approved the rezoning of the site from Office Industrial (OI) to R-15. The proposal then was for construction of four (4) single-family dwelling units with a density of 2.1 units per acre, with a minimum lot size of 15,000 square feet. The site plan from that proposed is included in the Appendix (#1). Prior to the approval of the rezoning to R-15, the property owner applied for special use for a special event facility. The request for special event facility was denied.
SURROUNDING AREA: The proposed site is located on Walton Street, just south of the Walton and Atlanta Street Intersection. The site is within proximity to Downtown Powder Springs. The entire area is residential with detached single-family homes, and R-15 zoning predominates.
Figure 1. Zoning Districts. R15 zoning predominates in the surrounding area.
Figure 2. Vicinity Map. 4385 Walton Street.
Figure 3. Proposed Site Plan. 4385 Walton Steet.
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 subject site has a Future Development designation of Suburban Residential Neighborhoods (Figure 4), which aligns with the Low-Density Residential land use category. The density cap for low density residential is 2 units per acre. The proposed density of 8.24 units/acre exceeds what would be allowed within the future land use category for the site.
Figure 4. Future Land Development Map. 4385 Walton Street outlined in red
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 prevailing zoning district in the area is R-15. Detached single family homes developed a low density predominate the area. A townhome development would exceed the density and the pattern of development that prevails. However, this site has a very small road frontage and presents a good opportunity for infill development. The impact to the neighborhood’s character might be mitigated by vegetative screening along the Walton Street frontages. Findings included in the comprehensive plan’s housing market analyses highlights that Powder Springs has a very low inventory of multifamily residential, compared to the county and the region. Additionally, with the increase in land costs, there is an established trend toward higher density developments.
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 usability of property in the area will not be adversely impacted. Though the proposed development is not consistent with the density and character of the neighborhood, the residential uses that prevail are compatible with the residential use proposed. The area is identified as low density residential in the Comprehensive Plan. In addition to the increase density allowed by PUD-R
4. Whether there are substantial reasons why the property cannot or should not be used as currently zoned.
There is no reason why the site cannot be developed as currently zoned. The site plan presented in Appendix 1 was considered and approved in May 2020. Though that development didn’t materialize, that proposal demonstrated that the site could be developed as currently zoned with four detached single-family homes. One challenge that was identified with the previous site plan was the creation of a stormwater pond meeting the requirements of the Unified Development Code.
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.
The schools serving the area are reporting under capacity. When reviewing school numbers, it is also important to note that capacity is not the only factor is school impact. Residential growth also leads to school expansion and increase tax dollars. On 1/20/22 Cobb County Schools reported the following capacity numbers per the City’s request: Powder Springs Elementary 106 seats under capacity; Cooper Middle 106 seats under capacity; McEachern High 93 seats under capacity. This proposal for 15 townhome units should have relatively low impact. Feedback has not yet been received and considered as it relates to the impact to public safety capacity, and roads. The applicant is proposing that the roads be private. The UDC requires that all private roads be approved by Mayor and Council. The City encourages public roads where feasible. All private roads must be built to the same standard as public roads.
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 site was recently rezoned to R-15 creating consistent zoning throughout the area and creating the conditions necessary for the site to be developed at patterns consistent with what prevails. The Comprehensive Plan was adopted on December 6, 2021 and has captured all changing conditions since the adoption of the last plan in 2017.
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 to PUD-R may negatively impact general welfare or affect the usability of nearby property. The predominant zoning designation in this area is R-15, which is consistent with the Comprehensive Plan. In addition, the applicant is requesting reduced setbacks to the adjacent residential zoned properties, which is inconsistent with the PUD-R zoning requirements.
STAFF RECOMMENDATION: DENIAL. Since the site has a future land use category of very low residential, and since the proposed density of 8 u/a (approx.) exceeds the allowed max for that land use category.
Planning and Zoning Commission recommends DENIAL.
Should approval be recommended, staff proposes the following conditions:
1. The stipulations and conditions set forth herein shall replace and supersede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter of the above-captioned Application for Rezoning. The rezoning is from R-15 to PUD-R with total site acreage of approximately 12.7 acres.
2. The applicant shall submit a revised site plan compliant with these stipulations for Administrative Review. The revised site plan shall be in substantial conformity to site plan prepared by Meridian Geomatics LLC for Capital City Properties LLC, dated 12/28/2021. Site Plan must be consistent with PUD-R regulations and all other applicable regulations identified in the Unified Development Code. The revised site plan shall consider the addition premium amenities and staggering of units. The applicant shall agree to work with TSW (Comprehensive Plan Consultant) to revise the site plan, to determine amenities features, and architectural features of the structures, and shall pay a fee up to $2500 for this review. Additionally, this review will include potential increased green space or rear entry units.
3. The recreation areas shall feature premium amenities. Such area shall be developed with at least one recreational feature such as a pavilion, gazebo, picnic area, swimming pool, playground, or tennis courts; in addition to the walking trails. Recreational areas must be outside of any floodplain area. Any recreation area must be located in an area with a slope of less than 15%; however, all recreation areas or applicable green space must meet ADA requirements for accessibility.
4. The site plan shall be subject to the review by the Fire Marshal’s Office, and amended accordingly, for compliance with the following requirements:
(i) Design of interior streets to provide appropriate access and maneuverability for public safety services and vehicles.
(ii) Compliance with on street parking requirements.
5. The approval of following variance requests are included with the approval of the rezoning request to PUD-R.
1. Variance to Section 2-15. (c) to reduce building setback required along the perimeter of the site, abutting any zoning district, from 35 feet to 25 feet.
2. Variance to Section 8-70 (b) to allow hammer head streets. A dead-end street other than a cul-de-sac shall not be allowed. Hammer heads on site plan considered dead ends.
3. Variance to Table 2.2 to increase allowed density for PUD-R zoned districts from 8 u/a to 8.24 u/a.
6. All residential units shall have two-car garages, and the parking pads/driveway in
front of the garage shall be a minimum of 25-feet in length.
7. The setback are as follows:
Front: 15 feet from right-of-way
Perimeter: 25 feet setback
Between buildings: Minimum of 15 feet
Design Review shall be conducted via Administrative Review.
8. Units must be staggered to the extent required by code, they must provide some staggering or variation as approved by an Administrative Design Review.
9. The architectural style and composition of the homes shall consist of traditional architecture on all sides, consistent with the product images submitted. Variety in the neighborhood will be provided using stone and different shades of brick, and by mixing front facades of 50% brick and 100% brick as shown in submitted product images. All side and rear elevation will contain brick or stone no less than 50% where exposed to the right-of-way. All elevation will contain no less than 50% the front façade. An administrative design review will be required.
10. All areas located in the undisturbed stream buffer shall be placed in a conservation easement.
11. The creation of a mandatory Homeowners' Association ("HOA") and the submission of Declaration of Covenants, Conditions and Restrictions ("CCRs") during the Plan Review process, which shall include, among other components, strict architectural controls. The mandatory HOA shall be responsible for the maintenance and upkeep of fencing, landscaping, open space areas, sidewalks, community areas, stormwater detention and/or water quality ponds, lighting, the entrance to the Residential Community and any amenities.
12. The submission of a landscape plan during the Plan Review process which shall be subject to review and approval by the Community Development Director. Additionally, the landscape plan shall include, but not necessarily be limited to, the following:
a. Detention pond landscaping and screening plan for around the proposed detention and water quality areas with Cryptomeria, Arborvitae and/or other evergreen trees.
b. Planting plan for a twenty-five-foot (25') landscape buffer around the perimeter of the Subject Property.
c. Compliance with landscape section renderings/elevations which will be submitted under separate cover during the Plan Review process.
d. The landscape plan, which shall be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed Horticulturist and shall identify open space areas; landscaped common areas; and other components of the proposed Residential Community which will be further identified during the Plan Review process.
e. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.
f. All HVAC, mechanical systems and home utilities within the community shall be screened by way of fencing and/or landscaping.
g. Entry signage for the proposed Residential Community shall be ground-based, monument-style, landscaped, lighted and irrigated.
h. The installation of landscaped front, side and rear yards.
i. Compliance with the City's current Tree Preservation & Replacement Ordinance and substantial conformity to all tree protection measures and the adherence to same during the construction and build out of the Residential Community.
13. A third-party management company shall be hired to manage the day-to-day operations of the HOA and shall also be responsible for the management of all Association monies as well as insuring that the Association is properly insured until such time as the HOA makes a determination that it can undertake such responsibilities.
14. The Community Development Director shall have the authority to approve minor modifications to these stipulations, the architectural renderings/elevations, the site plan and the overall proposal as it proceeds through the Plan Review process and thereafter except for those that:
a) Increase the density of the Residential Community.
b) Relocate a structure closer to the property line of adjacent property which is zoned the same or in a more restrictive zoning district.
c) Increase the height of a building which is adjacent to property which is zoned in the same or more restrictive zoning district.
d) Change access locations to different rights-of-way.
15. Walton Street Road frontages will be heavily and professionally landscaped with emphasis on maintaining or installing a screen of tall evergreens to obscure the visibility of the townhomes from the street. Additionally, land scaping along road frontages may include the use of berms, fencing, and substantial plant material to provide for visual screening. All perimeter and roadway buffer areas will either be owned by the HOA or deed restricted with maintenance easements in favor of the HOA.
16. Requirement for sidewalk and gutter to be developed along the Walton Street will be reviewed at the time of Land Disturbance Permitting; and where applicable shall connect to or improve what may already exist.
17. Declarant or any builder construction homes within the proposed community must sell
any such home for owner occupancy only. Thereafter, leasing of any units within the
entire development, with a minimum lease term of one (1) year. The mandatory
homeowners association must maintain records dealing with any lease withing the
Development, and such records shall be subject to review by the City of Powder Springs
personnel with regard to enforcement of this provision limiting the total number of
leases within the Development to no more than 5%. The homeowner association shall
agree to provide, upon request to the City of Powder Springs, and all information
relating to existing leases at the time of anu such request by the City. The City shall be
named a third-party beneficiary entitles to enforce this provision of the covenants.
18. Traffic impacts will be reviewed as part of the LDP process. Applicant agrees to offsite improvements necessitated by this development.
19. If the development on the site stalls for a period of 6 months or more, the site be replanted per a plan approved by the Community Development Director showing compliance with minimum tree canopy, street trees and buffer requirements.
20. Any portion of the recreational area in the undisturbed buffer shall remain undisturbed. Any trail located in the impervious buffer shall be impervious.
APPENDIX
1. Previously Approved Site Plan. Rezoning Request from OI to R-15. May 4, 2020. PZ 20-012 <https://powd.legistar.com/LegislationDetail.aspx?ID=4391714&GUID=AFEA2397-872F-45E2-ACB7-2D0B22601FCB>
