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Grand Communities, LLC/Jason M. Wisniwski
LL 975, 976, 1022, 1023,1024,1049,1050 Springbrooke Estates Subdivision located along Lewis Road
Hardship Variance - Varying from Article 21 of the Unified Development Code
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PETITION: The applicant, Grand Communities is requesting a hardship variance to allow an aerial sewer to serve the undeveloped portion of Springbrooke Estate. The variance requested is to vary from Article 21 of the Unified Development Code that only regulates underground utilities. The subject site is located at Land Lot 975, 976, 1022, 1023,1024,1049,1050, 19th District, 2nd Section, Cobb County, GA.
Hardship Variance - To allow an aerial sewer to serve the undeveloped portion of Springbrooke Estate.
Location Outfall Sewer Plan
Recommendation:
Approval of the request for a Hardship Variance with conditions
1. The design and function of the aerial sewer will be reviewed by the City in conjunction with other nearby jurisdiction and our professional consulting staff. The final design and function of the aerial sewer shall be administratively approved by the Director of Public Works.
2. The Sewer Line shall be located on a truss substantially in accordance with Exhibit B. The line will run adjacent to the existing bridge.
Background:
The proposed request is to vary from the Unified Development Code Article 21 to allow an aerial sewer to provide sewer services to the undeveloped portion of Springbrooke subdivision. The proposed aerial sewer will be located along the east of Lewis Road and will be approximately 129.1 feet long. The proposed aerial sewer is proposed to be an 8-inch diameter pipe which is anticipated to serve up to 458 residential homes. The Springbrooke Estate subdivision consists of Unit 1 and Unit II and was originally approved for a total of 210 lots (number of lots has been modified over the years). Currently there are 106 lots remaining to be built in Unit 1, Phase 2 (undeveloped portion highlighted in orange above). According to the information submitted by the applicant the aerial sewer is the most viable option for providing services to the undeveloped portion of the subdivision. The subject site located in the Medium Density Residential (MDR) zoning district. The site is surrounded by various zoning districts and is developed with single family residences to the west and northwest of the site. Unit II of Springbrooke Estate located to the south of the site is also developed with single family residences. The zoning district that surrounds the site includes single-family residential districts R15C to the west, R30, and R15 to the north. Business Park (BP) zoning district is located to the east of the subject site. The Springbrooke Estate subdivision has had several rezoning and modifications such as variances, plat approval, and architectural design review as listed in the table below (See Table 1: List of Modifications). The rezoning that occurred in April 16, 2018 has repealed all previous zoning stipulations.
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Mayor and Council Approval Date |
Request |
Details |
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February 21, 2005 |
Rezone approximately 119 acres with approximately 108 acres to be Medium Density Residential 5-6 acres to be Low Rise Office |
210 homes 5.79 acres: office space and daycare facility |
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February 6, 2006 |
Rezoning and preliminary Plat approval |
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May 7, 2007 |
Architectural Design Review |
58 elevations were approved |
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May 7, 2007 |
2. Plat Approval for Springbrooke Estate Unit Plate dates April 13, 2007 |
Plat approval for Unit II Phase 1 Plat approval for Unit II Phase 2 |
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May 7, 2007 |
Stream Buffer Variance Side setback Variance Reduction in lot size |
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November 3, 2008 |
Architectural Design Review For Inverness Model B for Lot 86 |
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March 4, 2013 |
Variance to allow less than 50% of homes to have full brick fronts and to allow models to be repeated and to allow 3 story houses |
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November 16, 2015 |
Hardship Variance request to allow clearing of greater than 5 acres |
Approved to clear and grade in phases up to 8 acres |
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April 16, 2018 |
Hardship Variance: The applicant is requesting to clear and grade the right-of-ways and up to ten acres by phase. Hardship Variance: Waive water detention requirements |
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April 16, 2018 |
Rezoning MDR Conditional to MDR Conditional to change stipulations |
All prior stipulations have been replaced |
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May 7, 2018 |
PZ 18-008 Architectural Design Review Fischer Homes Request to approve 6 model |
Request to approve 6 model |
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Table 1: List of Modifications |
Section 16-11 of the Unified Development Code States that interpretation regarding Article 21 is assigned to the Public Works Director. After meetings with the project engineers and City and County Staff, the Public Works Director determined that a variance is required because details in Article 21 allow for underground sewer, rather than an aerial crossing. The request for an aerial sewer crossing is being reviewed under the standards for a hardship variance as demonstrated below.
Analysis:
1. There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;
The applicants have looked at several options for providing services to the undeveloped portion of Springbrooke Estate subdivision. The applicant has stated that the aerial sewer is the most viable option. City and County staff met with the applicant, and after review of alternative approaches, it was determined that due to the topography of the site, the aerial crossing is the most agreeable.
Applicant’s response: In order to provide gravity sewer service to the proposed 106-lots, the sewer cannot be installed under Powder Springs Creek as the U.S. Army Corps of Engineers will allow a maximum 8-inches above the bottom of the creek. The aerial sewer must be installed above the floodplain elevation that has been determined by a Flood Model prepared for this project.
2. A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located;
The literal interpretation of the code will deprive the applicant of developing Unit 1, Phase II of Springbrook Estate.
3. Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located;
Granting the variance will not confer on the applicant any special privileges, The Unified Development Code provides an avenue to apply for variances if proposed request varies from the requirement of the UDC.
4. The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare;
Based on the information provided by the applicant the aerial sewer should not be visible from the road and should not be injurious to the neighborhood and will not negatively affect the general welfare of the residence.
Applicant’s response: Approximately 120-feet in length will be visible. We expect the truss supporting the casing to be approximately 95-feet long. At this time, we believe the top of the truss supporting the aerial sewer will be at elevation below the Lewis Road bridge safety wall and the proposed aerial sewer structure will only be visible when looking over the safety wall.
5. The special circumstances are not the result of the actions of the applicant;
The undeveloped portion of Silverbrooke Estate does not have sewer serves available. Currently there are no provisions in the Unified Development Code that regulates Aerial Sewer. A variance is being sought as the request will vary from underground sewer requirements outlined in the UDC. Not having this provision in the UDC adversely affects its reasonable use or usability of the undeveloped portion of the subdivision. The applicant has communicated that a few options has been proposed and the aerial sewer is the most viable option. The circumstances that exists is not as a result of the actions of the applicant.
Applicant’s Response: Aerial Sewer is the only option as the invert of the 36-inch Cobb County sewer trunk main we are connecting to is at an elevation that is equal to or below the bottom of creek elevations we surveyed. Cobb County requires the connection elevation to be a minimum of 24-inches above the invert of the 36-inch line due to existing sewer flow depths. This places the casing for the proposed sewer 24-inches or more above the bottom of the creek. The U.S. Army Corps of Engineers will allow a maximum 8-inches above the bottom of the creek.
Applicant’s Response: We looked at multiple locations in the vicinity of the bridge to try and connect to the existing sewer by installing the proposed sewer under the creek but in all those locations, the issue described above was encountered. We also discussed the construction of a traditional lift station and force main and the use of a low-pressure force main system which were rejected by the City of Powder Springs Public Works director.
6. The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed; and/or
In order to obtain a building permit from the City of Powder Springs one of the requirement is to have access to potable water and sewer services. If the proposed request is not approved and sewer services are unavailable, the undeveloped portion of Silverbrooke Estate will remain undeveloped. The variance requested is the minimum variance that will allow the undeveloped portion of Silverbrooke estate to be developable.
7. The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.
Currently there are no provisions in the Unified Development Code that regulates Aerial Sewer. A variance is being sought as the request will vary from underground sewer requirements outlined in the UDC. Though not regulated by the UDC, staff in conjunction with Cobb County staff has reviewed the request to ensure the proposed request will not be detrimental to the City of the area involved.
Fiscal Impact:
The aerial sewer will be funded by private developers and will aid in reducing the financial burden of the City in extending sewer services to this area. Approval of the request will allow the undeveloped portion of Silverbrooke Estate to be developed. Increase in residential development will increase the City’s revenue and will also aid in maintenance of the proposed aerial sewer and other infrastructure that may be impacted.
Recommendation:
Staff recommends approval of the application with conditions.
1. The design and function of the aerial sewer will be reviewed by the City in conjunction with other nearby jurisdiction and our professional consulting staff. The final design and function of the aerial sewer shall be administratively approved by the Director of Public Works.
2. The Sewer Line shall be located on a truss substantially in accordance with Exhibit B. The line will run adjacent to the existing bridge.