City of Powder Springs - File #: PZ 24-038

• File #: PZ 24-038
• Version: 1
• Type: Rezoning
• Status: Passed
• File created: 10/22/2024
• In control: City Council
• On agenda: 12/2/2024
• Final action: 12/2/2024
• Title: Rezoning Request for a 30.4-acre tract, to rezone from R-20 (county) to PUD-R (city). The property is located at 5525 and 5535 Elliott Road within land lots 659 660 673 674, 2nd section, Cobb County Georgia. PIN: 19067400030 and 19066000050.
• Related files: PZ 25-008, ORD 24 -020

Date	Ver.	Action By	Action	Result
12/2/2024	1	City Council	approved	Pass
11/25/2024	1	Planning & Zoning Commission
11/14/2024	1	Planning & Zoning Commission

CASE NUMBER:   PZ 24-038

APPLICANT:  Traton Homes; Represented by Kevin Moore.

REZONING REQUEST: Rezone from R-30 (county) to PUD-R (city).

LOCATION:  5525 and 5535 Elliott Road, within land lots within land lots 659 660 673 674, 2nd section, Cobb County Georgia.

ZONING: R-20 (Cobb County). ACRES: 30.4 acres.  PIN: 19067400030 and 19066000050.

Staff Recommendation: APPROVE                                          Planning and Zoning: APPROVE

BACKGROUND:  Locally owned Traton Homes has been building homes in metro-Atlanta for over 50 Years. They recently completed Tapp Farms in Powder Springs, and West Oak Trace on Hill Road is currently being developed.

This site will be developed as one subdivision along with the recently approved annexation and rezoning across the street at 5550 Elliot Road. For the site at the south side of Elliot Road, they are proposing to develop a product identical to what was previously approved, with amenities being shared for the entire development.

Several creeks traverse the Property, a pond is located on the Property, and a portion of the Property is located within a flood zone, all of which decrease the developable area of the Property. The proposed zoning category and site layout sought by the applicant takes these features into consideration to allow for a quality community which preserves the uniqueness of the property.

The pond will be developed into a usable amenity, along with nature trails. A pool and cabana are also included in the proposed amenities package.

Cobb County has provided a Notice of Non-Objection.

Request Summary

•                     Annexation: The applicant proposes to annex the subject property from Cobb County into the City of Powder Springs.

•                     Rezoning: The applicant requests to rezone the property from R-20 (County) to PUD-R (City).

•                     Traton Homes is proposing a 44-unit subdivision: 28 detached units, and 16 townhome units.

•                     To be developed on the southern unincorporated Island on Elliot Road. This will be developed concurrently as a unified residential subdivision with the northern parcels of the unincorporated islands on Elliot Road, as referenced in figure 2.

Existing Conditions

•                     The property is mostly undeveloped and approximately 22-acres of the 30-acre site are not developable due to floodplain and stream buffers on the site.

•                     Residential uses prevail in the area along Elliot Road.

•                     The site is an unincorporated island, located next to the Silver Brook Subdivision on Elliot Road.

•                     Currently zoned R-30 in Cobb County. Detached single-family residential prevails on all sides.

Potential Impacts

•                     The development will expand the city’s boundary, while reducing the size of the unincorporated island that stretches across Elliot Road.

•                     Traffic: The previously submitted traffic study only pertained to the northern parcel. An update has been requested, and stipulations have been included in the conditions for approval that the improvements necessitated by the traffic study shall be the responsibility of the applicant.

•                     Public Services: The development will require additional city public services such as police and refuse collection. The applicant’s development plans are expected to demonstrate that planned and existing infrastructure (ex. roads, stormwater, streetlighting, signage, etc.) will adequately serve the development. These will be reviewed and approved during the permitting process.

•                     Environmental: The developments’ environmental and stormwater impact and mitigation measure will be reviewed at the time of Land Disturbance Permitting.

Requested Variances

1.                     Waiver to allow more than fifty (50) percent of flood plain to count towards required Open Space (see UDC § 1-35);

2.                     Waiver to allow dead end roads per submitted Zoning Plan;

3.                     Waiver to allow minimum lot size of 3,500 square feet   (see UDC § 2-  15);

4.                     Waiver of requirement to maintain seventy-five (75) percent  of existing tree canopy (see UDC § 12-13);

5.                     Waiver to allow a minimum horizontal road centerline radius of seventy-five (75) feet; and

6.                     Waiver to allow more than eight (8) acres to be cleared at one time (see UDC § 12-13).

Figure 1. Surrounding Area - Zoning Districts.

Figure 2. Vicinity Map. Yellow denotes the city limits of Powder Springs. Crosshatch denotes floodplain.

Figure 3. Site Plan

Figure 4. Combined northern and southern site plan.

Figure 5. Elevations.

Figure 6. Elevation. Rear Entry Unit

Figure 7. Elevations. The Adams

Figure 8. Townhome elevations.

ANALYSIS:

The application was reviewed against the following criteria:

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.

It is the staff’s opinion that the proposed annexation and rezoning to PUD-R are compatible with the purpose and intent of the Powder Springs Comprehensive Plan and its component Annexation Plan. This site is a phase 1 Annexation Area as included in the Comprehensive Plan. The rezoning of PUD-R would allow for the development of residential units, on a site that is otherwise severely encumbered by floodplain and stream buffers, which advances the goal of the comprehensive plan related to developing quality housing units. This area is identified as parks, recreation and conservation in the Comprehensive Plan which allows lower density residential developments. The conservation areas provided as part of this rezoning is consistent with the future land use. The lots are clustered in the 10-acre developable portion of the 30-acre site. The remaining larger area will be reserved for conservation. The proposed net density of this project is approximately 5.6 units per acre. The Unified Development Code was updated to require a net density calculation. Net density excludes floodplain and other non-developable areas from the density calculation.

Applicant’s Response: The proposed PUD-R zoning district is compatible with the purposes and intent of the City’s Comprehensive Plan as the proposed development will provide quality housing; as well as allow residential zoning and development to be adjacent to similar developments.

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.

It is the staff’s opinion that the proposed zoning district and uses permitted within the PUD-R district are suitable in view of the zoning and development of the nearby properties including detached single family residential prevails on all sides of the proposed site.

Applicant’s Response: The proposed PUD-R zoning classification, and the proposed, quality single-family residential community, are suitable uses for the Subject Property in view of uses of the surrounding properties.

Adjacent and surrounding properties are primarily residential uses. The proposed community would be a quality development consistent with surrounding neighborhoods.

c.                     Whether the existing use or usability of adjacent or nearby property will adversely affected by one or more uses permitted in the requested zoning district.

It is the staff’s opinion that the existing use or usability of adjacent or nearby property will not be adversely affected by the applicant’s proposal.

Applicant’s Response: No adjacent or nearby properties will be adversely or negatively impacted by rezoning the Subject Property to the proposed PUD-R zoning classification and development of a quality single-family residential community.

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

The existing zoning in the county is R-20.  The lots desirable area could be developed at density consistent with R-20. The current zoning would restrict the number of units at the 5.6 u/a density proposed.

Applicant’s Response: The proposed PUD-R zoning classification within the City of Powder Springs will allow for a higher and better use of the Subject Property than as currently zoned within Cobb County.

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.

It is the staff’s opinion that existing public infrastructure facilities and services can adequately serve the proposed zoning district and uses permitted. Requests for agency and staff comments had no objections.

Applicant’s Response: There are adequate public facilities and infrastructure in place to sufficiently service the proposed single-family residential community.

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.

The comprehensive plan’s annexation plan elements envisioned the city annexing this as well as other unincorporated islands across the city.

Applicant’s Response: The existing R-30 zoning does not reflect changing conditions of the surrounding area. If the Property were developed pursuant to the existing R-30 (Cobb) classification, the surrounding communities may be adversely impacted.

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.

Detached single-family residential uses prevail in the area. It is the staff’s opinion that the proposed zoning district is compatible with existing conditions, and that it will not have adverse impacts on general welfare.

Applicant’s Response: The proposed PUD-R zoning classification, together with the quality single-family residential community, is a more reasonable use of the Property, and provides better overall promotion of public health, safety, morality and general welfare of area residents and neighborhoods.

STAFF RECOMMENDATION: APPROVAL, with the following Conditions:

1.                     The stipulations and conditions set forth herein shall replace and supersede in full any and all prior 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.

2.                     The Subject Property shall be developed in substantial conformity to that Elliot Road Overall revised site plan, prepared by Ridge Planning, received 9/9/2024, referenced in the staff report at Figure 3, and inclusive of City Staff and TSW recommendations.

3.                     Elevations for the residential units shall be in substantial conformity to those submitted 10/15/2024 and attached to the application. Elevations shall be subject to administrative design review by staff and inclusive of TSW’s recommendations and shall comply with the City’s design guidelines.

4.                     The applicant shall develop a maximum of 28 detached single-family units, and 16 attached single-family units, with elevations in substantial conformity to those included in the subsequent zoning application submittals.

5.                     PUD-R Variance Approvals. The following variances are approved as a part of the rezoning request:

I.                     Waiver to allow more than fifty (50) percent of flood plain to count towards required Open Space (see UDC § 1-35);

II.                     Waiver to allow a minimum horizontal road centerline radius of seventy-five (75) feet.

6.                     The amenities shall include a pool and cabana. The existing pond shall be developed as a usable amenity.

7.                     The open space within the undevelopable areas shall be made usable with the provision of a permanent trail system in the vicinity of the pond.

8.                     Areas within the flood plain and stream buffers shall be placed in a conservation easement.

9.                     The setbacks are as follows:

Front:  10 feet from right-of-way,

Side: 5 feet

Rear: 10 feet

Perimeter: 35 feet

10.                     All elevations visible from any right-of-way shall have a minimum of 50% brick. All side elevations NOT visible from the right-of-way shall have a minimum of brick or stone water table.

Side and rear elevations visible from the right-of-way shall include window shutter features.

11.                     The mail kiosk shall be covered and developed in substantial conformity to the architectural style of the homes.

12.                     Electric Vehicle (EV) Charging. Residential garages shall be pre-wired with the minimum standards or better for level 2 EV charging capability with NEMA 14-50 receptacle, or better.

13.                     The subject property shall be submitted for subdivision within 12 months of the City Council’s approval, and prior to the issuance of the Land Disturbance Permit.

14.                     The submission of a landscape plan is required during the Plan Review process which shall be subject to review and approval by the Community Development Director and/or designee. The landscape plan shall include, but is not limited to, the following requirements:

a.                     A landscape screening, vegetative buffer around the perimeter of the Subject Property which has contiguity to existing residential developments.

b.                     The landscape plan shall be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed Horticulturist and shall identify open space areas; landscaped common areas; and other components of the proposed Residential Community which will be further identified during the Plan Review process.

c.                     The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.

d.                     All HVAC, mechanical systems and home utilities within the community shall be

screened from view and shall not be located within the side building setback.

e.                     Entry signage for the proposed Residential Community shall be ground-based,

monument-style, landscaped, lighted and irrigated.

f.                     The installation of landscaped front, side and rear yards and attendant irrigation components where indicated by the Arborist.

g.                      Compliance with the City’s current Tree Preservation & Replacement Ordinance and substantial conformity to all tree protection measures and the adherence to

same during the construction and build out of the three. Clearing shall be conducted in phases in compliance with the provisions of the UDC.

15.                     Signage for the Subject Property shall consist of ground-based, monument-style signage and building signage consistent with the City of Powder Springs Sign Ordinance. Additionally, within the interior of the site, there shall be appropriately positioned, ground-based directional signage in order to ensure ease of maneuverability and accessibility.

16.                     Except where rear entry units are proposed, driveways shall be a minimum of 22-feet in length from the garage to the back of the sidewalk. Covenants for HOA / management company must include language that states that vehicles shall not be parked in a manner that will encroach in the sidewalk.

17.                     Approval is subject to recommendations from the City of Powder Springs Engineer and/or the City’s consultants concerning hydrology, stormwater management, detention, water quality and downstream considerations, including recommendations regarding the ultimate positioning and configuration of on-site detention and water quality. Also, compliance with the following engineering considerations:

a.                     Providing the City Engineer and/or the City’s consultants with a Hydrology Plan for the Subject Property during the Plan Review process.

b.                     Compliance with City Engineer’s requirements for low impact design and bio retention, to include runoff capture or infiltration practices into the site either upstream of storage facilities or integral with grading and drainage and/or pavement and /or landscaping.  These practices need to be integral with the site layout, for example: islands within the parking lot for bioretention etc. At the time of design and plan production the applicant will be within the 1-mile of an impaired stream, therefore the applicant shall provide 4 additional BMPs in Appendix 1 checklist.

c.                     Verifying all points of discharge with respect to detention/water quality.

d.                     Compliance with the protections required under State and Local Law concerning adjacent streambank buffers and an agreement that there has been no “buffer averaging.”

18.                     Compliance with the recommendations from the City’s Engineer and/or Consultants with respect to Public Works and traffic/transportation issues, as follows:

a.                     Streets shall be built to the City of Powder Springs’ Design and Detail Standards, including the construction of sidewalks on both sides of the interior streets.

b.                     Compliance with the Fire Marshall’s recommendations with respect to Life Safety & Fire Prevention Issues during the Plan Review process.

19.                     Common Open Space areas, amenities, mail kiosks, and all of the various components for common and public use as described above shall be constructed in compliance with ADA regulations with respect to accessibility and related factors.

20.                     The Community Development Director shall have the authority to approve minor modifications to these stipulations, the architectural renderings/elevations, the site plan, and the overall proposal as it proceeds through the Plan Review process and thereafter except for those that:

a.                     Increase the density of the Residential Community.

b.                     Relocate a structure closer to the property line of adjacent property which is zoned the same or in a more restrictive zoning district.

c.                     Increase the height of a building which is adjacent to property which is zoned in the same or more restrictive zoning district.

d.                     Change access locations to different rights-of-way.

21.                     Traffic impacts will be reviewed as part of the Land Disturbance Permit process. Applicants agree to offsite improvements necessitated by this development.

22.                     No more than 50% of certificates of occupancy will be issued prior to the completion of amenity features, as evidenced by certificates of completion.

23.                     If the development on the site stalls for a period of 6 months or more, as evidenced by a lack of issuance of building permits and inspections requests as would be normal for building construction to proceed to certificate of completion, the site shall be replanted per a plan approved by the Community Development Director showing compliance with minimum tree canopy, street trees and buffer requirements.

24.                     Per Cobb County comments, applicant is required to dedicate additional right-of-way, curb and gutter and sidewalks along Elliott Road.

25.                     No variance has been considered regarding development in the floodplain or floodplain adjacent area as part of this application. Floodplain compliance will be reviewed as part of the land disturbance permit process.

APPENDIX I. Cobb County Department Comments.