City of Powder Springs - File #: PZ 21--049

• File #: PZ 21--049
• Version: 2
• Type: Rezoning
• Status: Passed
• File created: 11/2/2021
• In control: City Council
• On agenda: 12/1/2021
• Final action: 3/21/2022
• Title: Rezoning Request: 5592 Powder Springs Dallas Road. To consider rezoning from LI to PUD-R
• Related files: PZ 24--004, PZ 23--021

Date	Ver.	Action By	Action	Result
3/21/2022	2	City Council	approved	Pass
2/7/2022	2	City Council	tabled	Pass
1/18/2022	2	City Council	tabled	Pass
1/3/2022	2	City Council	tabled	Pass
12/6/2021	2	City Council	tabled	Pass
11/22/2021	1	Planning & Zoning Commission
11/4/2021	1	Planning & Zoning Commission

STAFF REPORT: PZ 21 - 049  

APPLICANT: Blue River Development, LLC.

PETITION:  Rezone from LI to PUD-R for a 87-unit townhome development

LOCATION: 5660 and 5592 Powder Springs Dallas Road, within land lots 734 and 735 of the 19th District, 2nd Section, and Cobb County, Georgia.

ACRES: 11.5.      Density: 7.6 units/ac.    PINs: 19073500070, 19073500070, 19073400060 (portion)

STAFF RECOMMENDATION:  Denial

BACKGROUND:   The applicant proposes developing 87 residential units in a townhome development. The subject site is currently zoned Light Industrial (LI) and is an assemblage of 2 parcels owned by Grace Baptist Church, and a portion a parcel owned by the Mr. and Mrs. Kent. The site’s northern boundary is adjacent to the Silver Comet Trail, and western side fronts Powder Springs Dallas Road.

The site previously had a commercial future land use designation; however, this was updated to residential after the City’s consultant (TSW) for the comprehensive plan update reviewed the applicant’s site plan. The entire area is designated Village Center Residential in the Comprehensive Plan for future land use considerations, and TSW proposed a development concept plan (figure 6) for the area. The applicant proposes to rezone a portion of the area to residential, while leaving the remaining adjacent lands as Light Industrial - this is inconsistent with the Comprehensive Plan’s Future Land Use Map.

Figure 1. Proposed Site Plan

SURROUNDING AREA: The site is zoned LI which predominates on that side of Powder Springs Dallas Road. On the opposite side of the road predominates R-30. The site is bordered to the north by the Silver Comet Trail, beyond which is R-20 zoning and the location of the Grace Baptist Church Campus. The site is bordered to the south by light industrial users at a warehouse style development (Figure 2). 

Figure 2. Zoning Districts. Grey: LI. Green: R-30. Yellow: R-20. Orange: R-15. Blue: MXU. Light grey: Outside of City Limits.

Figure 3. Aerial of Area. Red outlines proposed site.

Figure 4. Light Industrial users adjacent to the south.

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 future development map designates the area as Medium Density Residential (orange in figure 5), which includes the subject site, the remainder of the split parcel and the parcel adjacent to the south. Though table 13-1 does not call out PUD-R specifically, the proposed development of 87 townhomes at a density of 7.6 units per acre is consistent with medium density residential.

The site concept from the comprehensive plan (figure 6) proposes 51 single family detached units and 57 Townhomes. The applicant is requesting to rezone a portion of the area designated for medium density residential, with the remainder of the parcel and existing use retaining the current Light Industrial zoning. The 15-acre parcel at the south of the proposed site (5592 Powder Springs Dallas Rd) will be subdivided and the remnant 11-acres will retain the LI designation.

Figure 5. Future Development Map. 2021 update to the Comprehensive Plan. Orange: Village Center Residential.

Figure 6. Redevelopment Area Site Concept. 2021 Comprehensive Plan Update.

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 rezoning subdivides the southern parcel, which will retain light industrial zoning and current users at a small warehouse styled development. The proposed site plan shows the 1 story metal commercial building at 61 feet from the southern boundary of the proposed site, which is then separated from the residential development by the required 35’ perimeter setback, 25 feet of which is a landscaped buffer.

The proposed rezoning to PUD-R, at the density proposed, is not compatible with the existing light industrial use adjacent to the south. However, it is compatible with the very low-density residential zoning that prevails on the opposite side of Powder Springs Dallas 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 11 acres that are proposed to retain LI zoning and existing users at 5592 Powder Springs Dallas Road, has available acreage for future development. Additionally, there is an undeveloped 8-acre parcel adjacent to the south that is also zoned LI. The proximity of these LI zoned lands to the proposed residential development could potentially impact the usability of those lands for future LI developments.

Given the proximity to the subject site, the existing use and usability of adjacent LI properties would be adversely affected by the residential use proposed.

R-30 exists and prevails on the opposite side of Powder Springs Dallas Road and this use would not be adversely impacted.

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

The subject site could be used as zoned for LI uses. It is worth noting that the future land use designation for the site is medium density residential, however, that designation did not anticipate retaining the existing LI users. Rather, the future land use proposes replacing LI zoning with residential and conservation /recreational zoning for the entire immediate area.

The subject site is adjacent to the Silver Comet Trail at its northern boundary and presents as an ideal site for a Village Center Residential development that could boast the premium amenity of direct access to the Silver Comet Trail. The concept proposed (figure 6) for that site in the comprehensive plan includes direct access to the trail.

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 Service, utility, and public safety providers should have sufficient capacity to support this proposed rezoning and residential use for 87 townhome units.

Cobb County Schools servicing this proposed development are under capacity, as reported by the applicant on the rezoning application: Powder Springs Elementary: 104 seats under capacity. Cooper Middle: 95 seats under capacity. McEachern High: 124 seats under capacity. This data is unconfirmed as Cobb County Schools has yet to responded to our initial and follow-up requests for feedback.

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 proposed zoning district was anticipated in the 2021 update to the Comprehensive Plan. The plan provides recommendations for six Redevelopment Areas, including the Powder Springs Dallas Road site. However, the comprehensive plan designates 28 acres for medium density residential in that area, but the applicant is requesting to rezone only 11-acres. Therefore, approximately 17 acres will retain LI zoning adjacent to the proposed PUD-R zoning.

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 residential use proposed by the applicant could potentially impact the unrestricted use of the adjacent LI zone lands. Because of the proximity to the proposed residential zoning, a potential light industrial user on the lower end of the desirability spectrum of light industrial uses might conflict with the residential use at the density proposed for this development.  Residential uses prevail opposite this light industrial tract, though at a density lower than the proposed 7.6 units per acre. R-30 zoning predominates on the other side of Powder Springs Dallas Road.

RECOMMENDATION: Staff recommends DENIAL. 

                                                               Planning and Zoning Commission recommends DENIAL.

If approval is recommended, staff proposes the following conditions:

1.                     The applicant shall submit a revised site plan consistent with the Comprehensive Plan concept and compliant with these stipulations for Administrative Review. Site Plan must be consistent with PUD-R regulations and all other applicable regulations identified in the Unified Development Code.

2.                     The buffer on the southern boundary of the proposed site, adjacent to existing light industrial (LI) use, shall be 85 feet as provided in table 2-4 of the Unified Development Code (UDC) for LI buffer width minimum within setback abutting residential zoning district.

3.                     The 85’ buffer on the southern boundary shall be planted as provided in table 12-3 of the UDC: eight staggered rows of evergreen trees having a minimum height of eight feet with branching to the ground and planted 30 feet on center.

4.                     The recreation areas shall connect to the Silver Comet Trail. The applicant shall seek approval from Cobb County to connect recreational areas to the trail. Such area shall be developed with at least one recreational feature, such as a walking trail, pavilion, gazebo, picnic area, swimming pool, playground, or tennis courts. 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

5.                     All residential units shall have two-car garages, and the parking pads/driveway in

front of the garage shall be a minimum of 22 feet in length.

6.                      The setback are as follows:

Front: 15 feet from right-of-way

Perimeter:  35 feet setback

Between buildings: Minimum of 10 feet

Design Review shall be conducted via Administrative Review.                     

7.                     Units must be staggered to the extent required by code, they must provide some staggering or variation as approved by an Administrative Design Review.

8.                     The architectural style and composition of the homes shall consist of traditional architecture on all sides. Variety in the neighborhood will be provided using stone and different shades of brick. All side 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% brick on the front façade. An administrative design review will be required.

9.                     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.

10.                     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 85’ buffer adjacent to Existing LI use. b. 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.

11.                     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.

12.                     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.

13.                     Road frontages will be heavily and professionally landscaped which 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.

14.                     Sidewalk and gutter shall be developed along the Powder Springs Dallas Road frontage.

15.                     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.