Title
Special Use Approval PZ 18-014 Victory Covenant Ministries
LL 946, 4070 Austell Powder Springs Road
Powder Springs, GA 30127
Church
Body
Prepared By: Community Development
Recommendation:
Staff recommends denial of the application. If Mayor and Council should consider approval, staff recommends approval with the following conditions:
1. A full site plan will be required prior to the site being occupied or any permits being issued to be reviewed by City of Powder Springs staff and Cobb Fire Marshal approval. Additionally, if at that time the site plan reveals that parking does not meet the code requirements, additional variance(s) will be needed.
2. Said site plan be reviewed for conformance with the Unified Development Code and will be reviewed against Article 1 of Division VI of the Unified Development Code. At a minimum, landscaping and parking lot improvements will be required.
Background: Victory Covenant Ministries is petitions for Special Use approval to allow a church at 4070 Austell Powder Springs Road, Land Lot 946 of the 19th District, 2nd Section, Cobb County, GA. The property is zoned Community Retail Commercial (CRC) and is 0.51 acres. The CRC zoning district is intended to implement the “community activity center” future development established by the comprehensive plan. This zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network. Higher density residential uses in certain locations may be permitted in accordance with Sec. 2-24 of the Unified Development Code (UDC). The property is surrounded by CRC and Residential (R-15) Zoning Districts located in the city. A Church, temple, synagogue, or place of worship is only permitted via Special Use approval within this Zoning District.
As submitted, the parcel of land does not meet the City’s UDC minimum requirement for minimum acres standards. The site does not have 2 acres of dedicated space in accordance with Sec. 4-70 of the UDC. The applicant has submitted a variance application concurrent with this request.
Fiscal Impact: No increase to public services is envisioned by this request.
Nevertheless, approval of the request may have an impact on traffic, place additional demand on water and sewer service and may impact other public services.
Analysis:
Special Use Approval requests are reviewed by criteria set forth in Section 11-3 of the Unified Development Code.
Table 2-3 of the Unified Development Code (UDC) indicates that a Special Use approval by the Mayor and City Council first be granted prior to establishment of a church or place of worship in the CRC zoning district.
a. Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?
The subject property is located 4070 Austell Powder Springs Road, Land Lot 946 of the 19th District, 2nd Section, Cobb County, GA. The property is zoned Community Retail Commercial (CRC) and is 0.51 acres. The CRC zoning district is intended to implement the “community activity center” future development established by the comprehensive plan. This zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network. Higher density residential uses in certain locations may be permitted in accordance with Sec. 2-24. of the Unified Development Code (UDC). The property is surrounded by CRC and Residential (R-15) Zoning Districts located in the city. Churches or places of worship are only permitted in the CRC zoning district with Special Use approval in accordance with Table 2-3 of the UDC.
This corridor was identified by the City’s Livable Centers Initiative Plan as a corridor needing improvement and identified as a priority project by the Comprehensive Plan. Therefore sensitivity to design features and uses permitted along this corridor is essential to fulfill the goals and policies of this plan. Although some institutional uses are permitted in the CRC zoning district, the intention of the district is to allow commercial establishments.
b. Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?
The property is surrounded by CRC and Residential (R-15) Zoning Districts located in the city. Permitting a church in this area could exacerbate any traffic or pedestrian conflicts that may already exist. Additionally, the establishment of a church in the Austell Powder Springs Road corridor will limit the potential for alcohol production or distribution in the area. The subject property is an existing building. This area has been built up and no further expansion is proposed at this time. Parking and other site improvements will be required prior to operating the use. However, careful attention needs to be paid to the general health and safety of the attendants of the proposed church; particularly, for children who may partake in programs.
At this time, the information provided by the applicant at the request of the Planning and Zoning Commission is insufficient to determine if parking requirements are met. However, the floor plan provided on Thursday, June 14th, 2018 does provide some of the information that can be used to estimate the required parking requirements. Staff has determined that a minimum of 22.5 parking spaces is required based on the number of seats provided by the applicant, which shows a total of 89. Staff notes that it is not believed that the site will utilized fixed seats. Using the area of the largest assembly area (calculated by staff as 760 feet), the required minimum parking appears to be 20.
Table 6-4 under Article 6 of the UDC provides the minimum parking requirement needed for a church. The current site appears to have striping for 4 parking spaces, therefore improvements to the site or additional variance(s) will be needed if this application is approved.
|
GOVERNMENT - INSTITUTIONAL USES |
|
Assembly hall; auditorium; nonprofit club or lodge |
1 per 4 seats in room with greatest seating capacity or 1 per 40 square feet in largest assembly area without fixed seating |
|
1 per 3 seats in room with greatest seating capacity or 1 per 30 square feet in largest assembly area without fixed seating |
If the application is approved by the Mayor and Council, a full site plan will be required prior to the site being occupied or any permits being issued to be reviewed by City staff and the Cobb County Fire Marshal’s Office. Additionally, if at that time the site plan reveals that parking does not meet the code requirements, additional variance(s) will be needed.
c. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?
The City’s comprehensive plan identified Austell Powder Springs Road as a priority project. This corridor is recommended to undergo additional studies to examine appropriate transportation improvements and land use changes. The location and character of the proposed special use may not consistent with a desirable pattern of development in general for the City of Powder Springs. Permitting a church in a CRC zoned area is not the most ideal location for a church. The surrounding properties are residential as well as commercial establishments also zoned CRC. The corridor is designed to be more retail and/or office in nature. Particularly, because this corridor was identified by the City’s Livable Centers Initiative Plan as a corridor needing improvement and identified as a priority project by the Comprehensive Plan. Therefore sensitivity to design features and uses permitted along this corridor is essential to fulfill the goals and policies of this plan.
d. Is or will the type of street providing access to the use be adequate to serve the proposed special use?
Access is provided to the site from Austell Powder Springs Road. The road is adequate to serve the proposed use as it is as a major roadway, and is classified as an arterial. The special use may impact traffic patterns in the surrounding area.
e. Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?
Vehicular access to the site is deemed appropriate for an institutional use. The special use requested may affect means of access to the site. Staff notes that adequate parking may not exist on the site. Should this special use be approved, the applicant must submit a site plan for approval prior to the site being occupied or any permits being issued. Additionally, if at that time the site plan reveals that parking does not meet the code requirements, additional variance(s) will be required.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special use?
Approval of the request may have an impact on traffic, place additional demand on water and sewer service and may impact other public services. At the time of this writing, comments from the public works department or police department have not been received. The Cobb County Fire Marshal’s Office requires plans for plan review, and must bear the seal of an Architect or Engineer. There is a possibility a fire sprinkler may be required to be retro-fitted before the building can be used for assemblage.
g. Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?
Adverse effects such as noise, light glare or odor are not anticipated with this special use. Additionally, there is no refuse or loading area associated with the proposed use. The applicants would have to comply with any sanitation policy required by the Public Works Department. Should this special use be approved, the applicant must submit a site plan for approval prior to the site being occupied or any permits being issued. Additionally, if at that time the site plan reveals that parking does not meet the code requirements, additional variance(s) will be required.
h. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
The hours and manner of operation of the special use is not anticipated to have any adverse effects on other properties in the area. Hours of operation throughout the week are limited to office use and other small group meetings. Most of the activities will take place on Sunday, which will not have an inconvenience to surrounding businesses.
i. Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?
The current height, size and location of the existing building is compatible with surrounding neighboring properties. The property location is an existing building, and thus, no new construction or alterations are anticipated. The applicant will need to provide a site plan at an appropriate engineering scale showing buildings, structures and parking spaces. Site plan shall show access drives, parking spaces and landscaping areas.
Summary and Recommendation:
Staff recommends denial of the application.
If Mayor and Council should consider approval, staff recommends the conditions stated above.