PZ - 26-007
Subject Property: 0 Hiram Lithia Springs Road
Parcel Number and Description: 19104600270 LL 1046 of the 19th District, 2nd Section
Zoning: CRC
Applicant requests a change in zoning conditions.
Background:
This subject property was annexed from Cobb County and rezoned along with the adjacent north and the adjacent south properties from R-20 and NS to CRC in January 2005. The subject property pad site was developed, but the pharmacy structure was never built. The site already features established underground retention and shared infrastructure with the other two parcels of land as well. The Applicant has no financial or other interests on either side of this subject parcel of land.
What Applicant is Proposing: Rezone the subject property in order to amend the previously approved site plan and to allow a 10,000 sq ft 1-story with playground daycare facility instead of the site plan specific pharmacy use approved in the previous rezoning in January 2005. Also, the Applicant is requesting to remove the four-sided brick architectural restriction to accommodate the franchise's standard elevations.
Figure 1 - Zoning Map Figure 2 - Vicinity Map
Figure 3 - Site Plan Figure 4(a)(b) - Elevation
Figure 1 - Zoning Map
Figure 2 - Vicinity Map
Figure 3 - Site Plan
Figure 4(a) - Elevations
Figure 4(b) - Elevations
Written Analysis (Applicant’s Responses)
a. 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.
The Subject Property is located in the City of Powder Springs as is noted as being in the NAC land use category on the City’s Future Land Use Map (“FLUM”). The City of Powder Springs FLUM indicates nearby properties in the City of Powder Springs along this section of the Brownsville Road and Hiram Lithia Springs Road are delineated as being in the NAC land use categories. The proposed changes to the previously approved CRC zoning district and the proposed use contained and embodied within the Application will allow the Subject Property to be developed on a tract of land that is one of three undeveloped properties previously rezoned together in 2005. Applicant’s proposed changes to the site plan and adopted stipulations relating to the 2005 rezoning are consistent with the prior rezoning and the applicable land use plan and map.
b. 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 zoning proposal will permit a use of the property that is suitable in the context of development and existing zonings which are in direct contiguity or adjacent to the Subject Property that had originally been approved for the CRC zoning district. This proposal is to amend the previously approved site plan and stipulations to allow the parcel to be developed for a daycare facility that was originally approved for a pharmacy between a proposed restaurant and a proposed bank, none of which have been developed.
c. 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 zoning proposal will have no adverse effect or impact upon the existing uses or usability of adjacent or nearby properties, the preponderance of which are commercially zoned in the City of Powder Springs and residential in Cobb County. Nearby properties within the City of Powder Springs have varying commercial uses.
d. Whether there are substantial reasons why the property cannot or should not be used as currently zoned. The previously approved site plan had indicated the parcel would be developed for a Walgreens pharmacy. Economic conditions are no longer conducive to development of the Subject Property in that manner. The current proposal will instead allow the development of a 10,000 square-foot daycare facility, which is also allowed under the CRC zoning district. All of the three parcels that were part of the previous rezoning in 2005 remain undeveloped with the exception of the private driveway connecting to Hiram Lithia Springs Road and Brownsville Road.
e. 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 zoning proposal will have no adverse impact upon the existing infrastructure including, but not limited to, existing streets, fire and police protection, transportation facilities, utilities or schools.
g. Whether the proposed zoning district of CRC 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 changes to the previously approved site plan and zoning conditions are substantially similar to the prior approvals and strike a similar balance between the promotion of the public health, safety, morality or general welfare and the right to unrestricted use of property. The effect of the changes on the public will be negligible.
Staff Analysis
Staff Recommendation: Approval with conditions.
Per Unified Development Code (UDC) Sec. 2-22 Table 2-3, “Day care, child learning center (19 or more)” IS permitted in the CRC zoning. Please see link: <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART2ZODIOFZOMA_DIVIIIMIENOZODI_S2-22TAPESPUSMIENSIZODI>
Per UDC Sec. 5-52 (c) “Franchise architecture will be reviewed for compatibility with surroundings and may require adjustments to be compatible with surrounding buildings in the district.” Please see link: <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART5SIARDERE_DIVIVARDEREGU_S5-52BUST>
Conditions:
1. The applicant must adhere to all regulations outlined in UDC Section 4-110 governing day care facilities. Please consult: <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART4SPUSPR_DIVIUS_S4-110DACA>
2. In terms of architectural review please refer to pages 31 - 61 in the City of Powder Springs Design Guidelines. As a note, please observe on page 40, stucco is not allowed as a façade material.
3. The applicant shall submit a parking plan, traffic management, and Pedestrian Safety Plan for review and approval. This plan must designate a specific loading/unloading zone for student drop-off and include a written strategy for active staff monitoring to ensure traffic flow is not obstructed."
4. Operational Hours and Scheduling: The facility’s hours of public operation shall be limited to 6:00am to 7:00pm, Monday through Friday. Any extension of these hours for late-night events requires prior administrative review and written approval by the Planning Department.