STAFF REPORT
CASE NUMBER: PZ 21-034. Rezoning: OI to R15, 3991 Sharon Drive.
APPLICANT: Mr. & Mrs. Casey and Lenoa Gary.
PETITION: Rezoning Application to rezone from OI to R15. The property is located at 3991 Sharon Drive within land lot 905 of the 19th District, 2nd Section, and Cobb County, Georgia.
LOCATION: 3991 Sharon Drive.
REZONING: OI to R15 ACRES: 0.844 PIN: 19090500050
STAFF RECCOMMENDATION: APPROVAL.
BACKGROUND:
The applicants purchased the property at 3991 Sharon Drive in 2020 with the intent of residing at the property. The applicants have indicated that rezoning from commercial to residential would help to reduce their tax burden. The current zoning is OI and the applicant are requesting to rezone to R15. The previous owners of the property used it as a residence. Staff’s research found no recent business license registrations at that address. Inspecting old zoning maps revealed that the property was zoned R-15 in 1989. The 1992 map shows R-15 too but OI is written on the map for the Sharon Drive parcels. So, the change to OI might have happened between ‘89 and ‘92.
Staff consulted Cobb’s Tax assessor’s office and confirmed that a commercial or residential classification affects the appraised market value of the property, and not the tax rate itself. However, it is not conclusive whether this property would be appraised lower or higher if it were zoned residential. The analysis and factors under consideration by the appraisers are different for residential and commercial classifications. Appraisals for each condition would need to be compared to determine whether the appraised property value would increase or decrease.
Analyzing the tax assessor’s records revealed that the previous owners had Homestead Excemptions, that the Gary’s do not. From the county records, the total estimated county tax for the years 2019, 2020, and 2021 were $542.33, $899.34, $4,260.94, respectively (See Appendix for Cobb County Annual Tax Notices). The increase between 2019-2020 for the previous owners was due to an increase in the appraised fair market value of the property. The increase from $899.34 to $4260.94 for 2020 to 2021 was due to the removal of the Homestead Exemptions that the previous owners had, but the applicants do not. The increase in the tax burden from 2020 to 2021 experienced by the applicants was due to the removal of homestead exemptions when they acquired the property, and not due to the property’s commercial designation, nor zoning district.
SURROUNDING AREA:
The subject site is currently zones OI. It is adjacent to R15 to the east and north. The property that abuts to the west is zoned OI, beyond which prevails CRC zoning. CRC is also adjacent to the south.
Figure 1. Surrounding Zoning Districts. Purple - OI. Pink: CRC. Orange: R-15.
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 compatible with the designation from the Future Land Use Map in the Comprehensive Plan 2021 Draft Update. Figure 2 shows Suburban Residential Development (yellow) for the future designation of the subject property - called out in figure 2 by a white arrow. Table 13-1 lists the R-30, R-20, R-15, and MXU Zoning Districts as consistent with the Suburban Residential Development category.
Figure 2. Future Land Use Designation. Subject site above white arrow on left of map
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 is consistent with the adjacent and nearby properties. As shown in figure 1, R-15 (orange) abuts the subject site and predominates to the north, east and southeast.
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 applicants propose using this property as their primary residence after downsizing their current residence. Table 2-3 permits the proposed use in OI zoned districts: “Dwelling, single-family detached, fee simple, existing on the effective date of these regulations.”
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 providers. Public Service, utility, and public safety providers have sufficient capacity to support this proposed rezoning and use as a single-family residence.
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 yet to be adopted updated Comprehensive Plan is the most reliable assessment available for future and changing conditions in the area. This Future Land Use map that is referenced in figure 2, and it supports the proposed residential rezoning requested as it designates that site as Suburban Residential Development, which is consistent with the request R-15 zoning.
The proposed residential use is also consistent with the designation from the 2017 iteration of the Comprehensive Plan, which designated this site as Low Density Residential as shown in figure 3.
Figure 3. Future Land Use Map from 2017 Comprehensive Plan. Subject site above white arrow on left of map.
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 consistent with the future land use designation and is the same zoning district that predominates adjacent to the north, east, and south east. The proposed rezoning will not impact health, or general welfare. It will make the zoning at this site consistent with the intended use indicated by the property owners.
STAFF RECOMMENDATION: APPROVAL.