Public Hearing Dates
Planning and Zoning Public Hearing: March 25, 2019
Mayor and Council Public Hearing: April 1, 2019
File #: PZ 19-013
APPLICATION: Rezoning Application APPLICANT: William Smith
PETITION: The applicant is requesting to rezone from Neighborhood Retail Commercial (NRC) to Community Retail Commercial (CRC) to facilitate a restaurant with drive-through and convenient store with fuel pumps and a retail establishment.
PURPOSE OF THE REQUEST: To facilitate a restaurant with drive-through and retail establishment that is a permitted use in the CRC zoning district; and to allow for a convenient store with fuel pump that requires Special Use approval in the CRC zoning district.
LOCATION: Land Lots 869, 19th Districts, Powder Springs, Georgia. Parcel #: 19086900360
ACRES: Approximately 4.05 acres
CURRENT ZONING: Neighborhood Retail Commercial District (NRC)
PROPOSED ZONING: Community Retail Commercial (CRC)
STAFF RECOMENDATION: Approval with Conditions
Background:
The subject site is located at the intersection of Carter Road and Powder Springs Road within the Neighborhood Retail Commercial (NRC) zoning district. The current rezoning request is from Neighborhood Retail Commercial (NRC) to Community Retail Commercial (CRC) to accommodate a convenience store with fuel pumps, restaurant with drive-through and a retail establishment. Based on Table 2-3, restaurant with drive-through and retail establishments are permitted use in the CRC zoning district. Convenient store with fuel pumps requires a Special Use approval that is being filed concurrently with this application (PZ 18-014). The CRC Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market. The CRC district is designated on properties with access to major arterial streets and at intersections or arterial streets with other major street, where development nodes can be supported by the regional transportation network.
Prior to this application, a proposed shopping center was proposed for this site that was permitted by right within the NRC zoning district. In addition, a variance was sought to reduce the 50 foot landscape buffer to a minimum of 32 feet along the southern boundary. The variance was approved with conditions in January 7, 2008. Please refer to Exhibit 1 for the list of approved conditions. The current Unified Development Code requires a 40 foot landscape buffer for the CRC zoning district if located to adjacent residential zoning district. Due to the change in landscape buffer requirements a variance application (PZ 19-015) has been filed concurrently reducing the buffer width from 40 feet to 32 feet along the southern property line. Staff notes, however, that Section 12-43 of the Unified Development Code allows an administrative variance to allow a buffer reduction of no less than 75% (minimum 30 feet width).
This site in addition to adjacent lots (20 acres) was rezoned to NRC and R-15 while under Cobb County jurisdiction October 21, 1997. The only zoning stipulation that was placed on this site by Cobb County was requiring one curb cut on Powder Springs Road directly across from the curb cut granted to the nursing home across the street. The other curb cut for the entire NRC was granted on Carter Road. The entire 20 acres was later annexed into the City in December 1, 1997 in which the zoning remained NRC. Cobb County will review the need for curb cuts along Powder Springs Road and Carter Road as part of the land disturbance process.
Surrounding Land Use:
South of the subject site is currently zoned Residential (R-15) consisting of single-family residences. East of the subject site is zoned Neighborhood Retail Commercial (NRC) with an existing self-service carwash facility. The vacant property located to the west falls within the Cobb County jurisdiction and is zoned Light-Industrial (LI). Directly north of the subject site at the intersection of Hopkins Road and Powder Springs Road also falls within Cobb County Jurisdiction and has a residential zoning designation and consists of an existing single-family home. There is also an existing assisted living facility zoned CRC located north of the subject site. An existing gas station is also located at the intersection of Hopkins Road and Powder Springs Road that currently has a commercial zoning classification of CRC.
Analysis:
a. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?
As outlined in the Comprehensive Plan the intersection of Powder Springs Road is identified as a Redevelopment Area. The area is envisioned to accommodate mixed use or commercial development at the intersection of Powder Springs Road and Hopkins Road. The redevelopment area also depicts multi-family, townhomes, single-family lots, office/flex space and commercial buildings (See diagram 1 below).
Diagram 1
In addition, the Future Land Use Map of the Comprehensive Plan has identified this property as Retail Commercial. According to the Comprehensive Plan, retail commercial is intended for restaurants, convenience shopping, leisure shopping and other commercial services (See Diagram 2 below).
Diagram 2
Based on the Redevelopment Area Plan and the Future Land use Map this development node was intended for commercial activity. The proposed rezoning request meets the intent of the comprehensive plan.
b. Is the proposed use consistent with the stated purpose of the zoning district that is being requested?
The CRC zoning districts are designated on properties with access to major arterial streets and at intersections of arterial streets with other major street, where development nodes can be supported by the regional transportation network. The proposed request meets the intent of the CRC zoning district as the site is located along an arterial roadway, Powder Springs Road. In addition, the proposed development will provide services to the surrounding residential and commercial uses.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The proposed request is located at the intersection of Powder Springs and Carter Road. There will be one access point from Carter Road a local road. Powder Springs Road an arterial road proposes to have two (2) points of ingress and egress. There is currently signalization at this intersection that will promote orderly pedestrian and vehicular movement. There are sidewalks along the northern side of Powder Springs Road that will allows for safe foot tracking in and out of the proposed and existing development. The applicant will be providing sidewalks on the south side of Powder Springs Road as part of this development. There is also a pedestrian crosswalk at this intersection. Though vehicle and pedestrian traffic may increase, the proposed development does not appear to create a public health and safety concern due to public safety amenities that exists. The site plan also proposes a 32 foot landscape buffer that will separate the residential community located to the south of the subject site.
d. Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?
The proposed site is currently zoned NRC which is also a commercial designated zoning district. If the site was developed using a NRC zoning designation commercial uses would have been allowed. Site Plan outlines pedestrian and vehicular traffic will be concentrated along the front portion of the site. The proposed site plan also indicates multiple access points that should allow for easy access in and out of the property without any major interference with adjacent uses.
e. Are their substantial reasons why the property cannot or should not be used as currently zoned?
The proposed site meets the location criteria of the CRC zoning district one of which is being located along an arterial roadway. The proposed site also meets the intent of the Comprehensive Plan allowing for future commercial development at this intersection.
The Development Authority of Powder Springs has recommended approval of the proposed development to the Planning and Zoning Commission and the Mayor and Council. According to the Development Authority of Powder Springs. The proposed development is anticipated to spur economic development and growth in the City of Powder Springs. A resolution was heard and documented on May 14, 2019 (See Exhibit 3).
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?
Cobb County has indicated that water and sewer capacity is available for this site. There is currently an eight inch (8") sewer line and storm drain line of 24’, 30’ and 36’ installed across the entire front of the property. This sewer line currently serves the car wash located to the east of the proposed development. There is also a 12" water main that runs along Powder Springs Road. A cross access easement has been recorded for the carwash and the proposed site for the existing owners, its successors and heirs, for ingress and egress at the Powder Springs Road curb cut and the future cut on Carter Road (Memorandum of Understanding between SG Investment CO and the City of Powder Springs, 11/20/03, Exhibit 2).
Based on the Memorandum of Understanding (MOA), a temporary retention pond was designed and installed adjacent to the subject site. The pond was designed and approved to handle storm water from the proposed site and the carwash. The MOA also states the City allowed the temporary pond to be placed at the edge of the 100 year flood plain with the expressed understanding that once the 4.05 acres was completely developed the owner would deed the pond and remaining flood plain, adjacent to the City trail, to the City at no cost. The MOA also states if the City chooses would abandon the retention pond and re-landscape the area at the City’s expense. A Storm Water Management Plan currently exists for this site and the carwash which was prepared April 9, 2002 (See attached).
The proposed request should not negatively impact the police and fire department. The site is within close proximity of these services in the event of an emergency. School capacity will not be impacted by the proposed development.
g. Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties?
As outlined in the Comprehensive Plan the intersection of Powder Springs Road is identified as a Redevelopment Area. The area is envisioned to accommodate mixed use or commercial development at the intersection of Powder Springs Road and Hopkins Road. The redevelopment area also depicts multi-family, townhomes, single-family lots, office/flex space and commercial buildings. The proposed rezoning request meets the intent of the Comprehensive Plan.
h. Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?
Based on the site plan provided the development will provide a reasonable balance between public health, safety, morality and welfare of the citizens of powder springs. There is adequate parking, sidewalks will be provided, there is signalization with pedestrian cross walk at the intersection of Carter Road and Powder Springs Road. There will also be adequate landscape buffer to reduce the impact such noise, light and dust during and after the construction phase of this development (Approved Variance January 7, 2009: reduction in landscape buffer 50 feet to 32 feet. Concurrent application: reduction on landscape buffer from 40 feet to 32 feet).
Fiscal Impact:
There are currently existing services and infrastructure to support the proposed request. 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 place to serve the proposed request.
Department Comments:
Cobb County Water System: Wastewater treatment capacity is available
Cobb Department of Transportation: To be determined at full site review
• Provide pavement, base composition study for Carter Road from a Professional Geotech.
• Carter Road may need to be rebuilt to the commercial specifications.
• Carter Rd access is to restrict the left in maneuver with a concrete island and signage.
• Curb and sidewalk the entire road frontage.
• Grading, drainage, utility, striping, signage plans are required for full review.
• Provide Additional R/W for frontage improvements.
• Provide $25K cash bond.
• Provide required details, notes, etc.
• Meet the required county requirements.
Summary and Recommendation:
Staff recommends approval with the following Conditions:
1. Approval to rezone approximately 4.05 acres from Neighborhood Retail Commercial (NRC) to Community Retail Commercial (CRC) on property located at the intersection of Carter Road and Hopkins Road. Located in Land Lots 869, 19th Districts, Powder Springs, Georgia.
2. The stipulations and conditions set forth herein shall replace and supersede in full any prior zoning stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter of the above-captioned Application for Rezoning.
3. The Subject Property shall be developed conceptually to the submitted site plan, prepared by Hammerton Ventures LLC, which is being submitted concurrently herewith. Development of the site must be consistent with the Unified Development Code requirements.
4. Sidewalk shall be provided along Carter Road and Powder Springs Road consistent with Powder Springs sidewalk requirements.
5. The site plan will have one (1) curb cut for ingress and egress along Carter Road and up to two (2) curb cut for ingress and egress along Powder Springs Road as indicated on conceptual site plan. All road improvement must be fully developed in accordance with the Cobb County Department of Transportation requirements. Based on the site plan review, the original MOU between the applicant and the City may be revisited regarding the number of curb cuts for the development.
6. All buildings located on this the site must consist of 75% brick or stone, excluding the rear of the building adjacent to the residential subdivision. The remaining building material must be consistent with the standards outline in Article 5 of the Unified Development Code. Stucco will not be permitted. The gas station canopies and canopy support shall incorporate brick columns and/or pitched roof, subject to staff review. All other building material and color scheme must be consistent with Unified Development Code and Powder Springs approved color scheme. Architectural review will be conducted administratively by staff prior to the building permitting process. The design and color scheme of the gas station canopy is also subject to architectural review.
7. There shall be no left turn unto Powder Springs Road from the curb cut located at the center of the site (first access point going in an easterly direction on Powder Springs Road).
Exhibit 1
Approved Variance
Reduction in Landscape Buffer width
Exhibit 2
Memorandum of Understanding between SG Investment CO and the City of Powder Springs
Exhibit 3
Development Authority Resolution Recommending Approval of Proposed Development