City of Powder Springs - File #: PZ 22--012

• File #: PZ 22--012
• Version: 1
• Type: Rezoning
• Status: Passed
• File created: 3/29/2022
• In control: City Council
• Final action: 5/16/2022
• Title: Rezoning Request: 4975 and 5001 Hill Road SW. To rezone from R-20 in the County and NRC in the City to MXU in the City.
• Related files: RPT 23-073, RPT 24-080

Date	Ver.	Action By	Action	Result
5/16/2022	1	City Council	approved	Pass
5/2/2022	1	City Council	tabled	Pass
4/25/2022	1	Planning & Zoning Commission
4/14/2022	1	Planning & Zoning Commission

CASE NUMBER:   PZ 22-012.

APPLICANT: Trilogy - Matt Cotton and John Boniface. Represented by Kevin Moore.

REZONING REQUEST: To rezone from R-20 in the County and NRC in the City to MXU in the City.

LOCATION:  4975 and 5001 Hill Road SW, within land lots 952, 953, and 972 of the 19th District, 2nd Section, and Cobb County, Georgia.

ZONING: R-20 (County) and NRC (City)    ACRES: 16.53 ac     PINs: 19095300070, 19095300060.

Staff Recommendation: APPROVAL.                           Planning and Zoning Recommendation: APPROVAL.

BACKGROUND: The applicant is proposing to develop a mixed-use development comprising of 122 for rent townhome units at a density of 7.38 units per acre, and a sports club, office and restaurant space of area 24,000 SF approx. City has received the Notice of Non-Objection from the County regarding the annexation of 5001 Hill Road SW, the portion of the proposed site that is in the county.

The City Council approved the rezoning of 4975 Hill Road from R20 to NRC on 02/07/2005. The approved site plan and stipulations are in include in the appendix, and shows the property subdivided into 9 lots, with the intent of marketing as offices, gift shops, etc. 

On June 1^st, 2009, the City Council approved variance requests for lot 5 to reduce lot frontages from the 75-foot required minimum, to reduce lot width at the setback where the minimum is 75 feet, and to allow access to a property by means of private drive where public street access is required. The applicant was interested in building a church on lot 5 (southern area of tract), and requested the variances for access because he was denied a curb cut on Hwy 278.

The comprehensive plan’s future land use designation for the area is Neighborhood Activity Center. The residential density proposed of 7.38 du/a, and the floor area ratio for commercial and office of 0.033, comply with development code provisions for MXU maximum residential density and intensity of commercial to office.

The applicant is not requesting variances, however the parking spaces shown on the proposed site plan are not compliant with code dimensions; 9’x19’ parking spots are provided, when 9’x20’ is required. A request for justification wasn’t received by the time of this report being drafted.

As it relates to concurrency, the applicant expressed that the prefer to not be bound by concurrency requirements and commented that it creates challenges attracting investors. However, the code requires a degree of sequencing of commercial with residential for mixed-use development: Unless another sequencing provision is substituted by Mayor and City Council as part of the MXU development approval, no more than 50% of the total number of dwelling units authorized in the MXU development shall receive building permits from the city until a building permit is issued, and certificate of occupancy is issued for at least 5,000 square feet of nonresidential space or 25% of the square footage of nonresidential development authorized in the MXU development, whichever is greater.

Figure 1. Proposed Site Plan

SURROUNDING AREA: The proposed site is at the intersection of Hill Road and C.H. James Parkway. To the north and south is commercial zoning within the city, NRC and CRC respectively. To the west along Hill Road is R-20 zoning in the county, and to the east across C.H. James Parkway is R-20 in the City. The 20-arce development site of a 114 single-family detached subdivision is located opposite to the proposed site across Hill Road. Large lot detached homes within the county prevail along Hill Road, heading west.

Figure 2. Zoning Districts. Purple: NRC. Yellow: R-20. Pink: CRC.

ANALYSIS:

The application was reviewed against the following criteria:

1.                     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:

One of the 5 main goals of 2017 comprehensive plan emphasized diverse housing with goal # 3 stated as, “Develop quality, diverse housing that can attract a wide range of people and lifestyles.” The 2021 Comprehensive Plan update reiterates this diverse housing in the main goals, and  state a goals to “Encourage growth that includes diverse housing options within a range of prices accessible to current and future residents.”
The proposed use and MXU zoning district is compatible with the Neighborhood Activity Center (NAC) future land use designation (figure 2). Neighborhood Activity Centers are made of residential, commercial, civic, and public uses intended to be -pedestrian-oriented and serve residents living on-site and in nearby residential areas. The comprehensive plan lists MXU as an appropriate zoning district and Townhomes, condominiums, or apartment buildngs as appropriate uses. Additionally, Table 13-1 lists MXU as a compatible zoning district for sites designated as NAC future land use.

Figure 3. Future Land Use Designation. 2021 Comprehensive Plan.

2.                     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 site is undeveloped and fronts C.H. James Parkway.  The proposed mixed-use is suitable and compatible with nearby developments. The residential component is along Hill Road and located opposite the construction site for a new single family detached subdivision at 5030 Hill Road, while the commercial component fronts C.H. James Parkway, a major artery through the city. Large lot detached single family homes prevail to the east along Hill Road, however the future land use designation for those adjacent county parcels is NAC, which is consistent with the city’s designation for the area.

3.                     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.

The proposed MXU zoning district and use will not adversely impact the residential uses that prevail along Hill Road. The proposed use is substantially compatible with Comprehensive Plan’s concept for the area. The residential use proposed by the applicant is multifamily, where the concept plan was detached single family. Also, the concept plan has a smaller commercial area than what is being proposed.

The “future residential development” shown in figure 3 is the current construction site at 5030 Hill Road, where Traton Homes is developing a subdivision of 114 single-family detached units.

Figure 4. Hill Road at C.H James Redevelopment Area in the 2021 Comprehensive Plan Update.

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

The property is currently zoned NRC, and that zoning district is established to provide locations for retail, services, and office uses at a neighborhood level of intensity. As currently zoned, the proposed residential component would not be an allowed use. Since that site fronts a major artery and is also adjacent and opposite to residential uses on Hill Road, the proposed mixed use or existing commercial use are both appropriate.

5.                     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.

Responding to the City’s request for feedback, the Director of Accountability & Property for Cobb Schools reported that, “the approval of this petition will not have an impact on the enrollment of schools.”

The schools serving the area are reporting under capacity. When reviewing school numbers, it is also important to note that capacity is not the only factor to school impact. Residential growth also leads to school expansion and funding.  On 1/20/22 Cobb County Schools reported the following capacity numbers per the City’s request: Powder Springs Elementary 106 seats under capacity; Cooper Middle 106 seats under capacity; McEachern High 93 seats under capacity. Growth is a positive factor for schools. School enrollment is declining at the elementary school level in Powder Springs.  McEachern High School has available funding should expansion be required.

Public safety and public utility providers have sufficient capacity to serve the proposed development.

The fire marshal’s office commented that the applicant should seek consultation with their office to discuss emergency vehicle access and guest parking issues found on the presented plan.

6.                     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 proposed use is supported by the 2021 Comprehensive Plan update, as shown in the concept plan (figure 3). The future land use designation in the city, as well as the county, also supports the proposed use and zoning district.

7.                     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.

The proposed zoning district is compatible with the city’s plans for the area and does not pose a threat to public health, general welfare, nor the right to unrestricted use of nearby property.

RECOMMENDATION: Staff Recommends 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. The rezoning is from R-20 in the County and NRC in the City to MXU in the City.

2.                     The Subject Property shall be developed in substantial conformity with the site plan, prepared by Alliance Engineering and Planning for Trilogy Acquisitions, LLC., dated 03/14/2022.

3.                     The mixed-use development shall include a maximum of 122 for-rent townhome units at a density of 7.38 u/a. The minimum residential floor area shall be: 1636 for two-bedroom units; 1958 for three-bedroom units.

A 2-story commercial building with a minimum of 23,982 SF of floor area. Said commercial building to house and a sports club, indoor recreation, assembly, office, and restaurant space.

4.                     The applicant shall submit a revised site plan, subject to administrative review and approval, to comply with Fire Marshall, or Cobb County Department of Transportation, or City Development Code, or other requirements and provisions.

5.                     The setbacks and buffers shall be:

Perimeter Building Setback: 30 feet, and 35 feet along US HWY 278.

Between Buildings: 10 feet.

Perimeter Buffer: 20 feet. Perimeter buffer shall be graded and replanted.

Landscape Strip at Road Frontage: 10 feet at Hill Road. 25 feet at US HWY 278.

6.                     The architectural style and composition of the commercial building proposed for the Subject Property shall be architecturally significant. 
The residential building elevations shall be comprised substantially of brick or stone on all sides.

7.                     The proposed multi-family residential units shall have premium, high-end, and luxury features. The entrances to the residential and the pool and cabana amenity areas shall have gates and controlled access.

8.                     An amenity area shall be provided within the residential component to include a pool and a cabana. No more than 50% of building permits for the residential component will be issued prior to the completion of the amenity, as evidenced by a certificate of completion.

9.                     Parking shall be consistent with the referenced site plan, which depicts that the minimum number of parking space requirement is provided for the proposed Pickleball Complex, and for the residential component. Parking shall consist of 405 surface parking spaces and 122 garage parking spaces. 122 of the 405 surface parking spaces are provided in the driveways of the residential units. That is, each residential unit shall have one garage space and one driveway space.  The residential parking ratio is determined to be 1.9 parking spaces per dwelling unit as dictated by 50% of units are two-bedroom; and 50% are three-bedroom. Parking ratios are determined for two-bedrooms at 1.6 and for three-bedrooms at 2.2; the average of which is 1.9.

Additionally:

a.                     Driveways for the residential units shall be a minimum of 22-feet in length from the garage to the back of the sidewalk.

b.                     Surface parking spaces shall be 9’x20’, excluding those in driveways of residential units.

10.                     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, grade-based directional signage in order to ensure ease of maneuverability and accessibility.

11.                     The overall lighting plan within the proposed development shall be environmentally sensitive, decorative and themed to the architectural style and composition of the buildings. Lighting utilized for the development shall be installed to minimize illumination from extending beyond the Subject Property’s boundaries. Security lighting, as well as high-resolution video surveillance cameras shall be installed to address potential security issues.

12.                     The applicant shall contribute to road improvement initiatives along Hill Road including installation of curb and gutter along all adjacent roadways, where applicable.

13.                     The applicant shall submit a Landscape Plan as a part of the Plan Review Process, including the following:

a.                     The Subject Property shall be landscaped in conformity to or exceeding what is required.

b.                     The inclusion of both intra-parcel and inter-parcel pedestrian connectivity and paths for all walkable areas.

c.                     Points of ingress/egress with monument-style signage shall be landscaped, lighted and irrigated as appropriate.

14.                     A professional and certified management company shall be required to manage the for rent townhomes.

15.                     The applicant shall submit a traffic study to include all proposed uses at the subject site.

16.                     The applicant shall comply with Cobb County Department of Transportation Comments:

•                     Developer shall dedicate right-of-way along Hill Road, a minimum of 40 feet, measured from the roadway centerline.

•                     Developer shall install left turn lane from Hill Road to proposed full access driveway. Design shall comply with Detail 401F.

•                     Developer shall install raised concrete median along Hill Road at right-in/right-out
driveway to restrict left turn movements.

•                     Recommend developer provide additional storage for right turn lane along Hill Road for C.H. James Parkway (US 278).

•                     Recommend developer coordinate with GDOT for any necessary permits or encroachments along C.H. James Parkway (US 278).

•                     Developer shall provide uninterrupted access from Hill Road right-of-way line. Distance to be determined during plan review.

•                     Developer shall submit plans to Cobb County Community Development for plan review.

17.                     The applicant shall prepare and submit a stormwater management agreement that provides for the appropriate retention and detention facility operation and maintenance.

18.                     Within 6 months of this approval or prior to the issuance of a land disturbance permit, whichever occurs first, the applicant shall submit a third-party market analysis that supports the proposed mix of uses on the site.

19.                     The Applicant shall provide inter-parcel pedestrian and vehicular access between adjacent properties.

20.                     The proposed pickleball courts shall be permitted concurrently with the permitting of the residential component.

21.                     The development pad and parking lot for the proposed 23,982 sf Pickleball Complex building shall be permitted concurrently with the proposed residential component. The development pad and parking lot for the Pickleball Complex building shall be complete prior to the proposed residential development receiving a Certificate of Occupancy. Evidence of completion of the parking lot shall be a certificate of completion for this phase of the project from the City.

APPENDIX

I.                     Approved Site Plan and Stipulations. Rezoned from R-20 to NRC

The rezoning was approved with the following stipulations:

1.                     Provide a 60-foot right-of-way on commercial street.

2.                     Install acceleration / deceleration lanes at entrance as might be required by plan review.

3.                     Include a cul-de-sac as the street is greater than 600 feet in length - will comply with the city UDC.

4.                     Provide a minimum 60-foot right of way on Hill Road.

5.                     25-foot signage consistent with City sign ordinance requirement.

6.                     Lighting shall be shoebox style, downcast lighting Dash height to be decided at site plan review.