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File #: PZ 24-005    Version: 1
Type: Rezoning Status: Passed
File created: 2/6/2024 In control: City Council
On agenda: 6/17/2024 Final action: 6/17/2024
Title: Rezoning Request for an approximate 13.64-Acre Tract from R-20 and CRC (County) to CRC (City). The property is located at 6652 Ernest Barrett Pkwy with land lots 765 and 790, 19th District, 2nd Section, Cobb County, Georgia. PIN: 19079000010. Applicant: William D. Brown.
Indexes: MIT FY 23 - Prepare for Growth and Development (infrastructure in place; annexation; curb cuts, recycling; signage)
Attachments: 1. Approved PZ 2024-005, 2. Signed Tabled Motion PZ 2024-005 to June 17, 2024, 3. Brown. Rezoning Application Redacted, 4. Brown. Attachments Redacted, 5. FINAL SIGNED Non-Objection ANN-3-2024 Barrett Pky and Laura Brown Rd Redacted, 6. Executed Tabled to 04-01-2024 Motion PZ 24-005, 7. Signed Tabled Motion to 04-15-24, 8. Tabled PZ 24-005 to May 20th

CASE NUMBER:   PZ 24-005

APPLICANT:  William D. Brown, represented by Parks Huff.

REZONING REQUEST: Rezone from R-20 and CRC (County) to CRC (City).

LOCATION:  6652 Ernest Barrett Pkwy within Land Lots 765 and 790, 19th District, 2nd Section, Cobb County, Georgia.

ZONING:  R-20 and CRC Cobb County.    ACRES: 13.64-Acre     PIN: 19079000010 (portion)

 

Staff Recommendation:  APPROVAL                                          Planning and Zoning:

 

BACKGROUND:  The Brown family has owned property in this area for decades and Mr. Brown is seeking to annex and rezone the property into the City of Powder Springs.

 

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 and CRC (County) to CRC (City).

Existing Conditions

•                     The property has 3 residential structures on one section, while the other section is undeveloped and consists of open land and wooded areas.

•                     Contiguous to the city via the recent annexation at Barrett Pkwy and Macedonia Road.

•                     Commercial uses prevail in the area along Barrett Pkwy, and Powder Springs Road.

•                     The site is located south of Macedonia Road, on the west side of Barrett Pkwy, in the vicinity of Walmart.

•                     The surrounding area to the east within the City of Powder Springs is MXU; which is the future development site for:  58 detached single-family units, 100 townhome units, 288 multifamily units, and 8000 square feet of retail.

Proposed Development

There is no development proposal. The Applicant wishes to annex and plans to continue marketing the site for commercial development.

 

 

Consistency Comprehensive Plan

•                     Comprehensive Plan: The annexation request aligns with the Comprehensive Plan’s goal to grow the city’s boundaries by annexing eligible parcels. The subject site, however, was not specifically envisioned in the phases of the annexation plan.

 

 

FISCAL IMPACT:

<< Revised Fiscal Impact Study Pending >>

 

Figure 1. Cobb County Zoning Districts.  Red: CRC. Yellow: R:20

 

Figure 2. Vicinity Map

 

Figure 3. Brown Annexation and Rezoning parcels.

 

 

 

 

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 CRC are compatible with the purpose and intent of the Powder Springs Comprehensive Plan and its component Annexation Plan. This site is near a Phase 2 Annexation Area as included in the Comprehensive Plan. The rezoning to CRC would provide undeveloped commercial acreage withing the city’s boundary, along a prime commercial corridor.

 

Applicant’s Response: The Subject Property is located in unincorporated Cobb County and is also included in a contemporaneous Annexation Application with this Rezoning Application.  The Cobb County Future Land Use Map (“FLUM”) delineates the Subject Property as being within the confines of two land use categories:  Neighborhood Activity Center (“NAC”); and Community Activity Center (“CAC”).  The City of Powder Springs FLUM indicates nearby properties in the City of Powder Springs to the west are delineated as being in the Retail Commercial, Parks/Recreation/Conservation, Mixed Use, Low Density Residential, and Medium Density Residential land use categories.  The requested CRC zoning constitutes an appropriate transition from typical single-family development along Ernest Barrett Parkway to the proposed commercial zoning approaching Macedonia Road’s intersection with Ernest Barrett Parkway.

 

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 staff’s opinion that the proposed zoning district and uses permitted within the CRC district are suitable in view of the zoning and development of the nearby properties including, the recently approved MXU development at Macedonia Road and Barrett Pwky. Staff proposed that the following uses are excluded for the subject site:

I.                     Dollar Stores

II.                     Gas Station and Convenience Stores

III.                     Automobile parts and services

IV.                     Carwash

 

Applicant’s Response: The zoning proposal will permit a use of the property which is suitable in the context of development and existing zonings which are in direct contiguity or adjacent to the Subject Property and along the Macedonia Road and Ernest Barrett Parkway.

 

 

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.

 

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. In fact, the approved and proposed development activity in the area may aid in attracting interest in developing the subject site.

 

Applicant’s Response: The zoning proposal will have no adverse effect or impact upon the existing uses or usability of adjacent or nearby properties, the preponderance of which are residentially zoned and which transition to commercial southward on Ernest Barrett Parkway.  Nearby properties within the City of Powder Springs have varying densities for MDR and LDR residential zonings.

 

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

 

The larger usable portion of the property is currently zoned CRC in the County, which is consistent with the request to rezone both sections to CRC.

 

Applicant’s Response: The Subject Property to be affected by the Annexation and Rezoning proposal has limited reasonable economic use as currently zoned in that the fair market value of same falls below the range of values of similarly zoned and situated properties with equivalent utility.  Additionally, the Annexation and Rezoning of the Subject Property for commercial retail will present a unique and appropriately positioned use that brings a combination of parcels into a consolidated commercial retail development in what could otherwise now be developed for residential and commercial within unincorporated 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.

 

Applicant’s Response: The zoning proposal will have no adverse impact upon the existing infrastructure including, but not limited to, existing streets, fire and police protection, transportation facilities, utilities or schools. 

 

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.

 

It is the staff’s opinion that the proposed zoning district and uses permitted within are supported by changing conditions not anticipated by the comprehensive plan. The comprehensive plan’s future land use and annexation plan elements did not envision the city expanding its boundaries to Barrett Parkway. Barret Parkway is now the most eastern frontier of the city, and this request expands the city’s footprint in the region.

 

Applicant’s Response: The proposed commercial retail zoning will occupy a section of Ernest Barrett Parkway north of a major signalized intersection which will have ingress and egress from an Arterial right-of-way (Ernest Barrett Parkway) and a Major Collector right-of-way (Macedonia Road), will provide an appropriate transition in intensity in all directions. 

 

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.

 

Commercial 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 commercial retail proposal is balanced between the proposed zoning classification and the uses of the subject property and the proposed uses’ impact to the public’s health, safety and general welfare, all of which is beneficial from a land use perspective.

 

 

 

STAFF RECOMMENDATION: APPROVAL, with the following conditions:

 

 

1.                     The request to rezone the subject property to CRC is approved. The following uses are excluded from the uses allowed by right in the CRC zoning district, for the subject property:

 

V.                     Dollar Stores

VI.                     Gas Station and Convenience Stores

VII.                     Automobile parts and services

VIII.                     Carwash

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I. Cobb County Departmental Comments