City of Powder Springs - File #: PZ 21--005

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
3/1/2021	1	City Council	approved	Pass	Action details	Meeting details	Not available
2/22/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
2/11/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available

File #: PZ 21-005

APPLICATION: Rezoning/Annexation Cobb County R-20 to Powder Springs R-20

APPLICANT: Robert Taylor

PETITION:

To consider an rezoning from Residential (R20, Cobb County) to Residential (R-20, City of Powder Springs) to continue commercial use on property located at 4420 Macedonia Road within Land Lots 727, 19^th District, 2^nd Section, and Cobb County, Georgia.

PURPOSE OF THE REQUEST: To allow property to be annexed and rezoned into the City limits.

LOCATION: 4420 Macedonia Road, Powder Springs

PARCEL #: 19072700200

Location Map

Background

The subject site is currently located in Cobb County jurisdiction currently zoned Residential (R-20) and is within an area identified as Low Density Residential (LDR) according to Cobb County Future Land Use Map. A commercial use currently exists on the property, making it a legal non-conforming use. The current owner is proposing to annex into the City limits as Office Institutional (O-I) in an effort to continue his business. Cobb County is in support of the annexation and to maintain a residential zoning classification. Cobb County has provided a formal notice dated January 15, 2021 of non-objection to annex property within the City limits (See Exhibit 1) and zone as residential. This property has been in use as commercial since the 1980’s. The current business is an awning and shade fabrication company. The subject site also includes an office and will be used as a meeting point for installers to gather tools and head out to various job sites.

Surrounding Land Use:

The subject site is surrounded by Cobb County and Powder Springs jurisdictional limits; surrounded by single-family residences. The east of the subject site is within the City limits with a MDR zoning classification and R-20 (Cobb County). West and north of the subject site is the recently approved single-family residential development zoned Planned Unit Development-R (PUD-R). The PUD-R was approved on June 15, 2020 consisting of a maximum of 73 single-family dwelling units. South of the subject site falls under Cobb County jurisdiction consisting of single-family dwellings with a R-20 (Cobb County) zoning classification.

Surrounding Land Use/Uses

Analysis:

The application should be reviewed against the following standards:

(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, in accordance with Table 13-1:

The comprehensive Future Land Use Map (Characters Area Map) represents a general concept of future land use pattern. Potential annexation areas have also been included in the Future Land Use Map. The diagram below suggest that this location was not identified as a potential annexation area. As the City transforms and adjust to current needs, an increase demand for residential developments have allowed the City to continuously expands its limit. For example the recently approved PUD-R, west of the subject site was recently annexed into the City to accommodate a residential development. The annexation of the PUD-R site, has made this area of Macedonia Road a good candidate for annexation, given its proximity to the City boundary Annexation of the subject site into the City limits will allow for efficient service delivery and to increase the City’s tax digest to fund future improvements.

Future Land Use - Characters Area 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 subject site is surrounded by single-family residential, rezoning to residential is suitable and consistent with the adjacent properties. However, the designation to R-20 will allow for the use to be considered as a legal-non forming use. Though a commercial use exists there are limitations to legal nonconforming uses. Per Section 1-65 “ A nonconforming use shall not be expanded, enlarged or extended, in land area or in floor space or volume of space in a building or structure, except for a use which complies with the zoning district in which said use is located; or any other exceptions outlined in Article 4 Specific Use Provisions outlined in the Unified Development Code.”

(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.

This property has been used for commercial business since the 1980’s. If the rezoning is approved to R-20 the commercial operation may not be expanded. However, there are provisions that will allow modification in the event the modification become more conforming to the R-20 zoning guidelines. Per section 1-70 of the UDC, the Community Development Director may have discretion of any modification that makes the use more conforming to the R-20 zoning district.

Section 1-70

“Reasonable progress toward compliance. In lieu of strict compliance, a standard of “reasonable progress toward compliance” shall be applied by the community development director in cases where complete correction or compliance with the nonconforming situation would require undue hardship, practical difficulty, or might unreasonably reduce the size, scale, or other significant aspect of the development proposal to a point where strict compliance would jeopardize the building or development proposal. In applying a standard of reasonable progress toward compliance, the community development director shall have authority to approve the building, development, or improvement even though it does not meet a standard of strict compliance, if the relief granted is the minimum necessary to effectuate the building, development, or improvement.”

(d) Whether there are substantial reasons why the property cannot or should not be used as currently zoned;

The annexation and rezoning to R-20 will constitute the use as legal non-conforming. Annexation of the subject site into the City limits will allow for efficient service delivery and to increase the City’s tax digest to fund future improvements.

(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;

This is an existing establishment. Therefore, public facilities or infrastructure should not be impacted.

(f) 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; and

The subject site is surrounded by residential activity; therefore a R-20 zoning classification is consistent with surrounding uses. The use will be considered as a legal non-conforming use. Uses permitted are those that are allowed in the R-20 zoning district. Provisions are being made in Section 1-70 of the give consideration to uses that are less intense as the current use which is at the discretion of the Community Development Director.

(g) 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.

Rezoning to R-20 is a reasonable balance between public health and safety and welfare. This will allow the existing use to be considered as a legal non-conforming use, which cannot be expanded unless special provisions are made by the Community Development Director. Any request to modify such use, the residence public health and safety will be a priority; the impact of the modification to adjacent uses will be taken into consideration before a final decision is made.

Fiscal Impact:

The use is currently in operation and no additional infrastructure or services will be required. The proposed development will provide increased tax income for the City. The proposed request should not have any negative economic impact on the City of Powder Springs as infrastructure and services are already in the place to serve the existing commercial operation.

Recommendation:

Staff recommends approval with the following conditions:

1. To rezone from Cobb County residential (R-20) to Powder Springs Residential (R-20).

2. The existing use will retain its legal non-conforming status subject to the legal non-conforming section of the Unified Development Code.

Exhibit 1

Cobb County Notice of Non-Objection Letter