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File #: PZ 23--013    Version: 1
Type: Variance Status: Passed
File created: 5/24/2023 In control: City Council
On agenda: 7/17/2023 Final action: 7/17/2023
Title: Flood Protection Variance. Variance Request to UDC Section 10-11, related development in the floodplain. The property is located at 4815 Innovative Way, within land lot 1126 of the 19th District, 2nd Section, Cobb County, Georgia. PINs: 19109600010 and 19112600010.
Code sections: Article 10 - Floodplain Management
Attachments: 1. 20 West Transport - Variance Application Redacted, 2. 220702 - 20 WEST - SUBMITTAL SET (2023.02.09) (1) Redacted, 3. Stormwater Management Plan (2023.02.06) Redacted, 4. Executed PZ 2023-013
Related files: PZ 21--029, PZ 21--028

CASE NUMBER:    PZ23-013

APPLICANT: Joseph McGorrey, 20 West Transport Partners, LLC.

VARIANCE REQUEST: Flood Protection Variance. Variance Request to UDC Section 10-11 related encroachment in the floodplain and floodway.

LOCATION:  4815 Innovative Way

ZONING:     LI                                          ACRES:    ac                 PINs:  19109600010 and 19112600010

 

Staff Recommendation:  APPROVAL                                          Planning and Zoning Recommendation: APPROVAL                     

BACKGROUND:  The applicant is seeking relief to locate the previously developed trailer storage gravel lot, and five storm water ponds within floodplain and floodway.

On November 15, 2021, the City Council approved the annexation and rezoning of the property at 4815 Innovative Way, to develop a 338,550-SF (approx.) Logistics and Distribution Center and a 60,000-SF (approx.) warehouse and business service building. In addition to the annexation and rezoning, variances were granted to the following code sections: Section 8-74 and 8-75 (curb gutter and sidewalk requirement); Section 4-230; Section 8-23 (buffers and impervious setback requirements); Section 7-21 (to allow an existing billboard); Section 10-12 and 10-13 (to allow development within or adjacent to flood hazard area). Additionally, an administrative variance was granted to Sec. 8-23 in May 2022 to allow encroachment into impervious stream buffers.

The applicant is seeking a flood protection variance for the area currently developed with areas graded and graveled for the use of trailer storage. Some of these previous improvements are located within the FEMA mapped floodplain and floodway. The intent is to provide an overall stormwater management plan for the previously developed site that will fulfill the stormwater management requirements of the City of Powder Springs. The gravel lot is currently located within the FEMA mapped floodplain and floodway.  The proposed water quality ponds receiving runoff from the site will be located outside the floodway but within the floodplain and capture runoff from the site to the maximum extent practicable.

Work within the FEMA mapped floodplain was analyzed, and the results are discussed in Appendix H of the Stormwater Management Report. The results show (1) a net cut of material from the floodplain, (2) no rise, and (3) no increase in velocity at the upstream and downstream bounding cross sections.

For supporting documentation, please refer to Construction Plans <https://www.cityofpowdersprings.org/DocumentCenter/View/7748/23013-220702---20-WEST---SUBMITTAL-SET-20230209-1>, as well as the Stormwater Management Report <https://www.cityofpowdersprings.org/DocumentCenter/View/7747/23013-220702-Stormwater-Management-Plan-20230206>, prepared by Michael Forlay, P.E. of The Southeast Civil Group.

 

SURROUNDING AREA: The subject area is located to the south of the 20 West Logistics Center, currently under construction. The site is impacted by FEMA floodplain, and currently houses the existing trailer storage gravel lot, as shown in figure 1. Residential developments are adjacent to the east, and west on the opposite side of C.H. James Pkwy. The Norfolk Southern rail yard is located to the south.

Figure 1.  Subject Area, and surrounding areas.

 

Figure 2. Zoning District: Light Industrial

Figure 3. Proposed locations of detention ponds and basins. (1 and 2)

ANALYSIS:

The application was reviewed against the following criteria:

 

1.                     Good and sufficient cause for the relief sought exists.

 

The applicant seeks to develop storm water management facilities within the floodplain and floodway to manage stormwater runoff for the site, including the existing trailer storage gravel lot. The gravel lot is currently located within the FEMA mapped floodplain and floodway.  The proposed water quality ponds receiving runoff from the site will be located outside the floodway but within the floodplain and capture runoff from the site to the maximum extent practicable.

 

2.                     Failure to grant the variance would result in exceptional hardship.

 

Unmitigated stormwater runoff could have adverse impacts on the surrounding areas, especially given that the development of the 20 West Logistics Center will considerably increase the impervious surfaces in the immediate area.

 

3.                     The variance is the least deviation from the standards of this article necessary to accomplish the objectives of the applicant and/or the minimum necessary to afford relief.

 

The site is primarily located within the floodplain. The only location to provide stormwater management for the site is within the floodplain.

 

4.                     Granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or creation of a nuisance.

 

The proposed ponds are currently being redesigned to relocate all out of the floodway. This includes additional study to confirm no net fill of material in the floodplain, No Rise, and no increase in velocity at the upstream and downstream boundary conditions. Approval is contingent upon meeting this criterion.

 

5.                     No variance shall be issued within any designated floodway that would cause any increase in flood levels during the base flood discharge.                     

 

The proposed ponds are currently being redesigned to relocate all out of the floodway. This includes additional study to confirm no net fill of material in the floodplain, No Rise, and no increase in velocity at the upstream and downstream boundary conditions. Approval is contingent upon meeting this criterion.

 

 

 

STAFF RECOMMENDATION:  Approval with the following condition:

 

1.                     The applicant shall demonstrate no net fill in the floodplain, no rise, and shall not encroach into the floodway.