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PZ 17-020: Rezoning, Change in Conditions,: Vineyards at New Macland - Land Lot 651, 19th District, 2nd Section, Cobb County - Change in zoning condition to relocate neighborhood amenity to its first established location.
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Prepared By: Community Development
Recommendation:
Approval of the request for rezoning to change the location of the amenity to its originally approved location shown as amenity on the final plat recorded in PB 255. Pg 91., given the following conditions:
1. That the final plat be revised to reflect all zoning actions.
2. That all previous stipulations approved by Mayor and City Council except as herein modified remain in full force and effect.
Background:
The City of Powder Springs is initiating a change in zoning condition to relocate the Vineyards at New Macland neighborhood amenity to its first established location when the development was originally proposed. The current zoning is Medium Density Residential (MDR) and will stay as a MDR zoning district.
Analysis:
Change in zoning stipulation proposal:
The Mayor and City Council approved rezoning for this residential development on May 16, 2005 and February 6, 2006 from Cobb County R-20 and annexed into MDR within the City of Powder Springs. Thereafter, the Council granted a change in conditions of zoning and variance of setbacks for this development on November 16, 2009 and February 4, 2013, respectively.
The applicant requests that the proposed amenity be rezoned to its first approved location based on the Mayor and City Council approved stipulations on May 16, 2005 and February 6, 2006.
Original Stipulations:
• Amenities within the proposed Subdivision shall consist of a clubhouse, the exterior of which shall be consistent of that specified for the homes. The clubhouse will be a minimum of 1,500 square feet, furnished, and include a kitchen (per Council approval on May 16, 2005.
• An amenity area consisting of a 400 square foot open air pavilion or gazebo and a playground shall be provided on lots 15 and 23 (as shown on the existing Final Plat recorded at Book 255, page 91) which lots shall be replatted to remove current lot lines to reflect common open space.
Approval of this zoning application would allow the construction of a 400 sf open air pavilion or gazebo and playground on the lot shown as amenity on the final plat recorded in PB 255. Pg 91.
Review Criteria Sec. 13-37. Criteria for Rezoning Decisions.
Assessment: Applications to amend the official zoning map shall provide a written analysis comparing the proposed action with the criteria in this section. The planning commission and the governing body will take into consideration these standards in making a recommendation and decision, respectively, on a rezoning application.
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:
Response: The property is located in an area with a future land use classification of Low Density Residential (LDR). LDR is considered as single-family detached units on lots up to a third of an acre. Most of the land in Powder Springs currently falls under this land use, and will likely continue to do so. Appropriate zoning classifications for LDR are mostly residential districts. The development is also shown in a village center residential character area. Therefore, the proposed change in zoning conditions will be compatible with the purpose and intent of the comprehensive plan.
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;
Response: The proposed zoning district (MDR) and the uses permitted within the district are suitable in view of the zoning and development of adjacent and nearby property, and coincide with the original approved Mayor and City Council stipulations for amenity location on May 16, 2005.
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;
Response: No, approving the request will not adversely impact adjacent or nearby properties.
d) Whether there are substantial reasons why the property cannot or should not be used as currently zoned;
Response: The lot in which the current amenity is proposed is not an ideal location. The current approval would allow the amenity to be located on two lots, restricted and separated by a creek and buffer. By allowing the amenity to be moved to its originally proposed location, it will allow for a larger more usable area, and the location would be more appropriate and sustainable for the development.
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;
Response: This first phase of the development is already completed, and the new phase of the development will be beginning construction early 2018. Approving the Change in zoning condition to relocate neighborhood amenity to its first established location is adequate to serve the residential use.
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; and
Response: Staff notes that due to the change in conditions, the applicant is seeking a Change in zoning condition to relocate neighborhood amenity to its first established location for this development. Both the new developer and homeowners agree that the original location is more suitable.
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.
Response: Based upon existing MDR zoned properties and the applicant’s limited request, the request presents a reasonable balance between promotion of public health, safety, morality and general welfare, and rights to unrestricted use of property.
Fiscal Impact:
The Vineyards at New Macland Subdivision is a development of single-family dwellings. However, the proposed change request to amend the zoning conditions of the amenity location will not cause unduly burden public infrastructure from what has been anticipated already, but instead, create a more sustainable overall development.
Recommendation:
Approval of the request for rezoning to change the location of the amenity to its originally approved location, given the following conditions:
1. That the final plat be revised to reflect all zoning actions.
2. That all previous stipulations approved by Mayor and City Council except as herein modified remain in full force and effect.