City of Powder Springs - File #: PZ 21--053

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
1/18/2022	2	City Council	Withdrawn	Pass	Action details	Meeting details	Not available
12/20/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
12/9/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available

STAFF REPORT: PZ 21 - 053

APPLICANT: Casey Walker, CSC Properties.

PETITION: Special Use Request: To allow a Convenience Store with gas pumps within a CRC

zoned district.

LOCATION: 4560 Brownsville Road within land lot 1046 of the 19th District, 2nd Section, and Cobb County, Georgia.

ZONING: CRC ACRES: 1.84 PIN: 19104600270

STAFF RECOMMENDATION: Denial

BACKGROUND: The applicant proposes to develop a 4500 SF convenience store with 5 Multiple Product Dispensers (MPD’s or Pump Stations). Rendering submitted shows Shell as the petrol brand. Three pad-ready development sites currently exist at this location, with 4560 Brownsville is the middle of two other potential development pad ready sites.

On May 3, 2021 City Council approved the rezoning from CRC to MXU of the large undeveloped tract at the intersection Brownsville and Oglesby (shown on Figure 4). Selig Enterprises will develop a highly-amenitized residential community with 348 luxury apartment units on 22.3 acres in two phases, at density of 15.61 units per acre. This potential development site of the gas station is located southwest of this new proposed mixed-use development.

The property was annexed into the City in 2005 and zoned CRC with conditions. The site plan shown in Figure 1 proposed a bank, a pharmacy, and a restaurant for the three development pads at with this location. Special Use Approval for the drive through restaurant was approved in 2005.

Figure 1. Historical Site Plan associated with the sites Annexation and Rezoning in 2005.

SURROUNDING AREA: This corridor of Brownsville road is predominantly commercial where CRC zoning prevails throughout the area. Adjacent to the west and separated by a tree buffer at the rear of the subject site is R-20 zoning in the County. Three service stations (Figure 4) are currently in operation within a half mile of the subject site: Sunoco, Kroger Fuel Center, and Valero.

Figure 2. 4560 Brownville Road.

Figure 3. Proposed Site Plan.

Figure 4. Surrounding Area. Subject Site highlighted at bottom left

ANALYSIS:

The application was reviewed against the following criteria:

1. Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?

The CRC zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network.

Additionally, the future development map designates the undeveloped site at Brownsville Road as Neighborhood Activity Center. The Neighborhood Retail Commercial designation was established to provide locations for retail, services, and office uses that reflect a neighborhood level of intensity and serve a small geographic area that are compatible with the surrounding residential neighborhoods and are less dense. Neighborhood Activity Centers are typically used for mixed use development. A gas station is not typically associated with mixed use developments.

2. Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?

Commercial development in the area is expected to be catalyzed by the development of the 348 luxury apartment units nearby. The establishment of special use for a service station at the subject site could impact the developability of the other two adjacent pad ready sites in cases where potential Neighborhood Activity Center (NAC) uses are not compatible neighbors for a service station. The city hopes to attract future commercial development, and since three service stations already exist within a half mile of the subject site, an additional service station would be utilizing a future development site for a more desirable and NAC compatible use.

3. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

A main goal of the Comprehensive Plan is to Improve the balance between commercial/industrial uses and residential uses. Residential development has grown exponentially in recent years, position Powder Springs as the fastest growing city in the County. This residential growth is expected to catalyze commercial development in the future. Given the limited availability of developable commercial sites in this corridor, another service station would not be consistent with the desired pattern of commercial development for the area. If a gas station is proposed in a CRC district it should be used to anchor future development of the parcel. In this case, the majority of the site will be utilized as a gas station limiting the potential of development for the remainder of the site.

4. Is or will the type of street providing access to the use be adequate to serve the proposed special use?

An access/service road was developed to provide access to the three pad ready sites at this location, which is at the intersection of Brownsville and Hiram Lithia Springs Roads. The streets are adequate to serve the proposed special use. Trip generation data was not provided with this application for special use. If development is approved, cross access within the parking lots should be considered.

5. Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

The traffic generated by the proposed special use should be adequately managed by the access road to this location from the Hiram Lithia Springs Road and Brownsville Road right-of-ways.

6. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?

Public Service, utility, and public safety providers should have sufficient capacity to support this proposed special use. The proposed development will not impact schools. At the time of this writing comments from Fire, Police and utilities have not been received.

7. Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare, or odor?

The applicant shall comply with code provisions for parking, refuse collection, screening, etc. Dumpsters are required to be in enclosures to comply with the requirements of the Unified Development Code. Additionally, the property has an existing tree buffer at the rear that shall be maintained to the greatest extent feasible, and replanted if disturbed during development. This existing tree buffer should be adequate to separate the proposed use from the residential uses on the adjacent county lands to the east.

8. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

Commercial uses predominate the area, and this proposed use is not expected to have an adverse impact on other properties.

9. Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

The height, size and location of the proposed structures will be compatible with the surrounding properties.

RECOMMENDATION: Staff recommends DENIAL.

If approval is recommended, staff proposes the following conditions:

1. A site plan be prepared showing prior to Mayor and Council meeting for the potential development of the remainder of the site, showing that the two remaining parcels are viable for commercial development.

2. The Special Use will allow a gas station and convenience store substantially in accordance with the site plan dated 11.08.2021. Site plan can be modified to improve inter-parcel connectivity. Subject to the approval of any variances to the City of Powder Springs Unified Development Code, if required.

3. Parking area lighting shall be maximally illuminated to the extent allowed under the City of Powder Springs code. Security lighting on the building and canopy shall also be maximally illuminated, subject to the provisions of the city’s development code.

4. Dumpster lids shall be rubber-type to cut down on noise. Trash pickups would be limited to between the hours of 7:00 AM and 7:00 PM.

5. All buildings located on this the site must consist of 75% brick or stone, excluding the rear of the building. 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 by Mayor and Council prior to the building permitting process. The canopy shall be of a neutral color. Brand colors shall not be allowed on the canopy, with the exception of the brand logo itself. The design and color scheme of the gas station canopy is also subject to architectural review.

6. This property will be part of a Business Owner Association as required by Section 1-82 of the Unified Development Code. All buildings on the subject property shall have a cohesive look and have a uniform sign program.

7. The canopy shall be designed so that logo colors are only permitted in the allowable sign area. The majority of the canopy shall be a neutral color. Stucco is not permitted. Utilities be screened from view and rooftop equipment is not permitted.