City of Powder Springs - File #: PZ 21--030

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
11/15/2021	2	City Council	approved	Pass	Action details	Meeting details	Not available
10/18/2021	2	City Council	tabled	Pass	Action details	Meeting details	Not available
9/20/2021	2	City Council	tabled	Pass	Action details	Meeting details	Not available
8/30/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
8/12/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available

Staff Report

PZ 21-030 Rezoning: Petition to rezone 4401 Oglesby Rd from CRC to LI.

APPLICANT: Native Development Group, LLC represented by Joseph K McGorrey.

PETITION: Rezoning from CRC in the City to LI in the City. The property is located at 4401 Oglesby Rd.

PURPOSE OF THE REQUEST: To develop a 338,550 SF (approx.) Logistics/Distribution Center and a 60,000 SF (approx.) Warehouse/Business Service Building at Burrow Trail, C.H. James Pkwy, and Oglesby Rd.

LOCATION: 4401 Oglesby Rd. PARCEL ID NUMBER: 19105000010. CURRENT ZONING: CRC.

BACKGROUND:

Concurrent with the request to annex and rezone County lands currently zoned LI, the applicant requests to rezone from CRC to LI the approximately 10-acres of an adjacent 25-acre parcel to the north of the annexed lands, i.e., the area within the City south of Lewis / Oglesby Road. This will make zoning consistent (LI) through the entire 126-arce development site.

Figure 1. Parcel to be Rezoned. Parcels to be Annexed. The proposed development site includes the yellow cross hatch area south of Lewis / Oglesby.

Figure 2. Proposed Site Plan

SURROUNDING LAND USE:

The proposed development site is adjacent to the south and zoned LI in the County. To the north is the remaining portion of the subject parcel, which will retain its CRC zoning. CRC zoning predominates to the north beyond which is MDR zoning. The zoning to the east is R30 zoning within the County. The site is bordered on the west by C.H. James Parkway, beyond which is R-20 zoning within the County.

Figure 3. Adjacent City Zoning Districts. Figure 4. Adjacent County Zoning Districts.

ANALYSIS:

The application should be 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, in accordance with Table 13-1:

The subject site is currently zoned CRC and is designated as a Professional Employment Center which is consistent with BP and OI zoning districts. The area to the north of Lewis/Oglesby Rd would retain CRC zoning within the city as the applicant’s request is to rezone only the 10-acre portion adjacent to the proposed development up to Lewis/Oglesby. The Cobb County Future Land Use map shows this property as Industrial Compatible. Light Industrial is a compatible zoning category for this land use designation.

This application is consistent with Goal 5 of the Comprehensive Plan, “Attract new residents, businesses and development through improved communications, marketing and branding.” Policy 5.1 states “Annex nearby unincorporated lands to help increase the tax digest and attract new jobs to the City. The applicant has estimated 200 jobs will be generated by this development.

(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 proposed development site has a considerable portion affected by FEMA Floodplains. Floodplains run the eastern side of the site, providing a considerable buffer from residential uses in the county. Of the approximate 126 acres, the applicant proposes to develop 56 acres. 15 acres to the south currently house a trailer storage facility. C.H. James Parkway separate the site from residential uses to the east.

The LI zoning district is established to provide locations for office, automotive repair, light manufacturing and distribution/service facilities. The LI zoning district does not involve or permit manufacturing establishments which emit smoke, water pollution, or excessive noise such as those resulting from the conversion of raw materials into finished products. Rather, uses permitted uses in the LI zoning district are primarily those that consist of processing, assembling, cleaning, servicing, testing, or repairing of materials, goods or products. Transportation, warehousing, and distribution uses are accommodated as are certain commercial uses supportive of or compatible with other uses permitted in the zoning district.

The LI zoning district is appropriate for this property fronting CH James Pkwy and the Railroad. Because of its location on CH James Pkwy and the gateway to the city, care should be taken to ensure the property is clean and meets the architectural design standards of the City.

(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.

There will be an increased truck and employee vehicle traffic anticipated by this use. Traffic will exit the facility on Oglesby Road or Burrow Trail, and turn left onto Lewis Road to CH James Pkwy. Signs will be posted prohibiting truck traffic to the east of the site on Oglesby Road or to the north of the site on Lewis Road. The property was previously zoned LI, and some truck traffic was envisioned by this zoning designation. Care will need to be taken to minimize any impact to the surrounding residential properties.

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

The requested City zoning of the parcels to be annexed is LI, which is consistent with the current County zoning of LI. Because the property is being annexed into the City, it is required to be rezoned to a City zoning classification.

(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.

Roads, water, sewer, and public safety services have sufficient capacity to facilitate this development. The development will not have an impact on schools. Cobb County Water System has stated the following:

• Water service for 0 Burrow Trail is provided by the existing CCWS water main in Burrow Trail.

• Wastewater for the parcel can be treated at the South Cobb WRF where there currently is sufficient capacity. Permit issuances are subject to continued WRF compliance with EPD discharge requirements.

At the time of this writing comments have not been received from Police or Fire regarding this application.

CH James Pkwy is a limited access road in this section. In the 2017 Comprehensive Plan, a connector road and traffic signal was envisioned at this location. The City is currently updating its plan and working with GDOT to increase access opportunities in this area.

The City Engineering consultant has completed a conceptual review of the entrance on Oglesby Road and does not have concerns. Further review will be completed as part of the land disturbance plan review.

The applicant has provided traffic counts for this development -

The 10th Edition of the ITE Trip Generation Manual uses square footage as a basis for estimating trips for Warehousing: Total of both buildings: 396,000 SF

• AM Peak hour inbound = 58

• AM Peak Hour outbound = 17

• PM Peak hour inbound = 21

• PM Peak hour outbound = 57

• The daily total trips (inbound and outbound) are estimated at 689.

(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.

There is not a change to the zoning designation with this application. The applicant is proposing to retain the county designation of LI to the city designation of LI. This is required as part of the annexation process.

(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.

Light Industrial zoning does not allow manufacturing establishments which emit smoke, water pollution, or excessive noise such as those resulting from the conversion of raw materials into finished products. The proposed use for this site is distribution and warehousing. This location is ideally suited for this use because of its proximity to CH James Pkwy and the Intermodal Facility and Railroad. This application will annex property into the city and create approximately 200 jobs. This reflects a balance between the promotion of the public health, safety, morality or general welfare and the right to unrestricted use of property.

FISCAL IMPACT:

The applicant states the following regarding the fiscal impact to the City of Powder Springs

The proposed logistics development project is expected to generate up to 200 jobs upon leasing of the building. Based on a Land and Estimated Cost basis the Approximate $30 Million building will ultimately generate an estimated $275,000 in annual tax revenues of which approximately $85,000 will inure to the City of Powder Springs. The Developer plans to seek a tax incentive bond vehicle from the City of Powder Springs Development Authority to make the building more competitive and attractive to high quality tenants that could temporarily reduce these amounts. However, it is the developer's experience that the developed project will draw little from City of Powder Springs resources for Fire, police and EMS and will not add to the school burden as an alternative residential project might. Based on all the above attributes and considerations, we strongly believe that an annexation to the City of Powder Springs is warranted and will be a great addition to the area, providing needed jobs, tax revenues, with little impact on traffic and community resources.

RECOMMENDATION:

PZ 21-030 Rezoning CRC to LI: Approval

Conditions for approval mirror those of the following related cases being considered concurrently.

PZ 21-027 Annexation: Approval

PZ 21-028 Rezoning LI in the County to LI in the City: Approval

Cobb County has reviewed the request and has recommended the following

1. Transportation:

a. Cobb DOT recommends Burrow Trail be converted to a right-in/right-out;

b. Cobb DOT recommends the developer coordinate with Cobb DOT to ensure that truck traffic is directed to and from Lewis Rd I CH James Pkwy, as Oglesby Rd is designated as "No Thru Truck"; and

c. The full length of public Right of Way on Burrow Trail is recommended to become City of Powder Springs maintenance responsibility

2. Site Plan Review:

a. Obtain a Land Disturbance Permit for the trailer parking operation.

b. Aerial photography of the subject property indicates that +/- 8.3 acres were cleared, graded, and graveled in 2017.

c. The applicant should submit civil engineering plans that complies with the applicable local and state environmental regulations.

3. Stormwater:

a. No parking of vehicles or placement of fill or gravel within the 100- year floodplain.

b. Stormwater management will need to be provided if more than 5000 square feet of new parking area is created.

c. FEMA and NGMWPD requirements should be adhered to by the City of Powder Springs.

4. Cobb County Water Services:

a. Water service for 0 Burrow Trail is provided by the existing CCWS water main in Burrow Trail.

b. Wastewater for the parcel can be treated at the South Cobb WRF where there currently is sufficient capacity. Permit issuances are subject to continued WRF compliance with EPD discharge requirements.

c. Because CCWS will continue to own and maintain water and sewer facilities in public rights-of-way and public easements, there would be no infrastructure gain or loss.

Taking into consideration Cobb County’s recommendation and the above analysis, staff recommends approval of the annexation and rezoning with the following conditions:

To approve a rezoning of a portion of the property south of Oglesby Road to LI. This area is called out in the legal description attached to the application and is approximately 10 acres. This area will be combined with the application for PZ 21-028 and subject to the stipulations below.

1) The property be replatted within 6 months of approval and prior to the approval of a land disturbance permit.

2) The developer coordinate with Cobb DOT to ensure that truck traffic is directed to and from Lewis Rd I CH James Pkwy, as Oglesby Rd is designated as "No Thru Truck”.

3) After completion of the development, the City of Powder Springs will inspect Burrow Trail. Any damage done to the road by the developer is the responsibility of the developer. After inspection of the road and the issuance of the Certificate of Occupancy for both structures, the City will take over maintenance of Burrow Trail.

4) The developer, City of Powder Springs and Cobb County DOT review the recommendation for right-in and right-out only on Burrow Trail.

5) The applicant shall apply for and receive and Land Disturbance Permit for the trailer parking operation.

6) Development shall be substantially in accordance with the concept plan dated 7/23/2021, with minor site plan revisions being allowed as Sec. 13-54.

7) Architectural style be substantially in accordance with the rendering prepared by Atlas Collaborative, titled Oglesby Road DC.

8) The Comprehensive Plan identified a potential traffic signal and connector road located through the subject parcel. Through the land disturbance process the potential for this road be considered. If feasible, the applicant shall dedicate right-of-way for this future road.

9) That the intermodal/trailer facility remain on the property and be continued under the previous approval received from Cobb County in 2017.

10) That the billboard be allowed to be relocated on site as long as the size/height of the billboard is not increased.

The Planning and Zoning Commission recommended adding the following at the August 30^th Public Hearing:

#9 - Stipulate that the gravel lot does not enlarge and require an LDP for the use of the intermodal/trailer storage facility

#10 - Require that the new location of the billboard be specified, and subject to approval of the Community Development Director.

Requiring that the applicant submit Traffic, Noise, and Pollution Studies of the impact of the proposed development was recommended. This request was in response to the comments made by residents during the meeting.