City of Powder Springs - File #: PZ 21--004

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
3/1/2021	1	City Council	Withdrawn	Pass	Action details	Meeting details	Not available
2/15/2021	1	City Council	tabled	Pass	Action details	Meeting details	Not available

Title

Variance - 4818 Hill Road

Saige Enterprises Inc. /Tim McTyre

To vary detention pond requirement (Article 11-6)

Body

File #: PZ 21-004

APPLICATION: Variance APPLICANT: Tim McTyre

Staff Recommendation: Table

Planning and Zoning Recommendation: Denial

Mayor and Council Decision: Pending

PETITION:

To vary detention pond requirement (Article 11-6)

NOTE THIS APPLICATION WAS PREVIOUSLY CONSIDERED UNDER PZ 21-003. THE WAIVER FOR DETENTION HAS BEEN SEPARATED FOR THE 2/1/2021 HEARING SO THAT THE APPLICATION CAN BE VOTED ON SEPARATELY. STAFF REPORT, ATTACHMENTS AND PZ COMMISSION RECOMMENDATION CAN BE FOUND UNDER PZ 21-003

UPDATE 2/13/2021

The applicant has requested that the City review the application under a Cobb County provision that allows the applicant to pay a fee in lieu of detention. After review with Cobb County Stormwater, the following has been determined.

The entire development site drains completely and directly into a major receiving stream which intercepts at least three square miles of contributing drainage. The applicant provided a models that demonstrated and accepted that no peak flow increases occur in the receiving stream for the two-100 year frequency flood events.

However, the Cobb County ordinance also requires:

will be allowed only in those watersheds in which regional detention facilities exist or are planned or in watersheds with active floodplain acquisition programs in place

Additionally, Cobb County would only approve if the site does not have history of flooding downstream from the site or have homes in the floodplain downstream from the site.

Because the city does not have regional detention facility of active floodplain acquisition in place, staff recommends denial of the request.

The Cobb County code is located below for reference.

Cobb County Code Sec. 50-128. - Development fees.

a. If a stormwater management facility is to be constructed as a system improvement and the applicant voluntarily enters into a development agreement with the county, a fee in lieu of construction of an on-site stormwater management facility may be accepted by the manager. To qualify for fee in lieu of detention, the entire development site must drain completely and directly into a major receiving stream which intercepts at least three square miles of contributing drainage area. Also it must be clearly demonstrated and accepted by the stormwater management division manager that no peak flow increases occur in the receiving stream for the two-100 year frequency flood events. Fee in lieu of detention shall be based upon a unit rate of $5,000.00 per acre of imperviousness within the proposed development or upon the estimated avoided cost(s) of providing conventional detention, whichever is higher. Fee in lieu of detention will be allowed only in those watersheds in which regional detention facilities exist or are planned or in watersheds with active floodplain acquisition programs in place. Known downstream drainage or flooding problems will be sufficient cause to deny any proposal for fee in lieu of detention. The stormwater management division is under no obligation to accept an application for fee in lieu of detention. These provisions for fee-in lieu of detention above do not include Cobb County's requirements for channel protection or for water quality.

(b) Credit for the land shall be determined in the method prescribed under the county's development agreement.

(c) Upon payment of the fee under this section, in lieu of construction and acceptance by the county of the developer's site plan for stormwater facilities, to include the conveyance system to the regional facility and evaluations thereof, the developer of record may be entitled to utilize the county stormwater management facilities. So long as the site and site plan and the evaluation and conditions of the conveyance system accurately reflect the minimum requirements set forth in the county development standards and this division, the developer of record shall be deemed to have complied with the terms of this article.

(d) The fees provided for in this section are in addition to any user fee established or required in any other section of this article.

Description of Fee in Lieu of Detention

The existing parcel is in the Powder Springs Creek basin. The disturbed area is 5.96

acres. Powder springs Creek is on the Northern end of the property. Powder Springs

Creek is a studied creek per the FEMA Flood insurance study number 13067CV001D

dated March 4th, 2013. As shown in the study, at a point approximately 6000 ft

downstream of the property, Powder Springs Creek crosses Lewis Road. At that point,

the basin for the creek is 24.20 square miles. At that point, the disturbed area for the site is 0.04% of the upstream basin. There will be no increase to the downstream flowrates generated by this parking development.

PURPOSE OF THE REQUEST:

To allow for an RV Storage facility with adequate parking

LOCATION: 4818 Hill Road PARCEL ID#: 19089900010

ACRES :HI Total Acreage: +/-26.50 acres RV Storage Acreage: +/-4.89 acres

Location Map

Background:

The subject property is zoned Heavy Industrial (HI). The property is located at 4818 Hill Road in Land Lot 899. The subject site is situated on a total acreage of approximately 26.5 +/- acres; however, the location of the RV storage parking area will occupy approximately 4.89 acres south-east of the flood hazard area. Per Table 2-3 of the Unified Development Code recreational vehicle and boat storage is a permitted use in the HI zoning district. The applicant is requesting to eliminate the detention facility and landscape islands to allow more parking spaces and maneuverability of RV’s and boats. The request also includes varying a connection to an existing driveway in the adjacent flood hazard area.

Surrounding Land Use:

The subject site is surrounded by Residential (R15C), (R20), and Residential (R30) zoning districts located within both city and county boundaries.

Analysis:

In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and has determined that one or more of the conditions required by Section 14-24 for issuing a variance exist as follows:

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;

There are currently two uses associated with this site. The north-west portion of the site is currently being used for a soil dumping business; the south-east portion of the site is being proposed for the RV and boat storage; both uses are separated by an existing stream, flood zone, floodway and flood hazardous area as indicated in the diagram below. The UDC restricts development within any area of special flood hazard or an area adjacent to any area of future-conditions flood hazard (Sec. 10.12-13). Such requirement has been a limiting factor as it relates to the development of the subject site.

Flood Hazard Map

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 Unified Development Code will reduce the amount of parking spaces that can be achieved an not necessarily deprive the applicant the right commonly enjoyed by property owners.

Driveway in Flood Hazard: There is already an existing driveway that cuts into the flood hazard area. If variance is not approved there will be no access to the main building from the RV parking lot area, therefore an additional curb cut will be required to the site along Hill Road for access to the office area. Denial of the variance does not allow for the best use of land and may result in a negative impact to the surrounding community due to the increase in vehicular traffic on Hill Road. Denial would deprive the applicant the right commonly enjoyed by property owners.

Landscape island: Proposed use of the parking lot will be used for the storage of boats and RVs, too many landscape islands would be an inconvenience for trucks maneuvering in and out of the site. In compensating for the lost internal landscape islands, the applicant has provided additional islands along the perimeter of the site along Hill Road as indicated on the Site Plan.

Additional Landscape island along Frontage

Detention: There has been no supporting documentation indicating no negative impact of waiving the detention requirement. Waiving the detention pond shall only be waived if there is a basin analysis indicating no negative impact downstream.

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 any special privileges. Though a variance is being requested the applicant is ensuring there will be minimal impact to the natural environment and adjacent homeowners.

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;

Driveway in Flood Hazard: If the variance is not approved an additional curb cut will be required along Hill Road; there will be one curb access point to the parking area and another access point to the rental office, having both access points would increase the amount of vehicular traffic along Hill Road. Denial of the variance will be injurious to the surrounding community due to increase in vehicular along Hill Road.

Landscape island: Proposed use of the parking lot will be boat and RV parking, too many landscape islands would create inconvenience for truck driving with an attached boat or trailer.

Detention: There has not been enough supporting documentation indicating that there is no negative impact to surrounding community. However, the FEMA flood map below indicates that there are no residential or commercial development within one miles of the downstream flood hazard area except for the Powder Springs Park. The information provided is not sufficient in making a decision.

FEMA Flood Map

5. The special circumstances are not the result of the actions of the applicant;

The circumstances that exists are not a result of the applicant. The stream and flood hazard area runs directly through the subject property which has cause development limitations due to the requirement of the UDC and state regulations. The driveway modification, and the waiver of the detention area is not due to the actions of the applicant but rather the applicant is seeking a waiver before developing the property.

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

Driveway in Flood Hazard: Connection to the existing driveway is the minimum variance that will make possible the best use of the site which would be less impactful to the surrounding community.

Landscape island: Typically, RV and Boat Storage facility do not have landscape islands as adequate space is needed for the vehicles to maneuver safely in and out of the site.

Detention: Additional information required.

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.

The proposed use is a permitted use in the HI zoning district. The variance request will not permit a use of land, building or structure, which is not permitted by right in the zoning district.

Fiscal Impact:

The proposed request should not have any negative economic impact on the City of Powder Springs resources.

Additional comments:

Cobb County: Hill Road is classified as a minor roadway per the County’s Major Thoroughfare Plan. Right-of-Way does not appear to meet the minimum requirements. Recommend donation of right-of-way along Hill Road 30’ from roadway centerline. Recommend the developer/applicant submit to Cobb Community Development for Plan Review to permit proposed improvements along property frontage.

Georgia Power: no transmission lines on this property. There may be distribution easements to serve previous or existing structures which is not atypical.

Cobb County Water: Construction plans subject to review and approval by Cobb County Water for grading/paving over existing sewer main. The site plan submitted with the Variance request appears to show a proposed wall that is in violation of Cobb County’s easement setback requirement for permanent structures.

Recommendations:

Staff recommends APPROVAL of varying Section 10-13 and Section 12-54 and denial of Article 11-6: Variance request is consistent with the requirements of the Unified Development Code.

Summary and Recommendation:

1. Approval to vary Section 10-13 to allow development in the adjacent flood hazard area to connect a driveway.

2. Approval to vary section 12-54 to allow no landscape island within the internal parking lot as indicated on the site plan dated 1/20/21.

3. Denial of varying detention requirement as indicated in Article 11-6.

Exhibit 1

Code Section

Exhibit 2

Site Plan

Dated 1/20/21