City of Powder Springs - File #: PZ 25-007

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
7/21/2025	1	City Council	approved	Pass	Action details	Meeting details	Not available
6/2/2025	1	City Council	tabled	Pass	Action details	Meeting details	Not available
5/27/2025	1	Planning & Zoning Commission Public Hearing			Not available	Meeting details	Not available
5/8/2025	1	Planning & Zoning Commission Public Hearing			Not available	Meeting details	Not available
5/5/2025	1	City Council	tabled	Pass	Action details	Meeting details	Not available
4/28/2025	1	Planning & Zoning Commission Public Hearing			Not available	Meeting details	Not available

STAFF REPORT

CASE NUMBER: PZ 25-007

PETITION: Rezoning. For a 6.26-acre tract, to rezone from CRC to PUD-R. The property is located at 3200 Powder Springs Road, within land lots 866 and 867, 2nd section, Cobb County Georgia. PIN: 19086700050. Applicant: Kenneth Ellsworth

LOCATION: 3200 Powder Springs Road within land lot 867 of the 19th District, 2nd Section, and Cobb County, Georgia.

STAFF RECOMMENDATION: Staff recommends denial of the rezoning request. The CRC zoning should be maintained, consistent with the Commercial Corridor designation.

Should the PUD-R zoning be approved, staff recommend conditions which include a revised site plan and a different housing product.

BACKGROUND:

The applicant is requesting to rezone the subject property from Community Retail Commercial (CRC) to Planned Unit Development - Residential (PUD-R) for a residential development consisting of 49 townhouse units at 3200 Powder Springs Road. The subject site is 6.26 acres, with a proposed density of 7.8 units per acre.

The subject site was approved by the Mayor Council for annexation into the city limits on June 15, 1998. (ORD 98-11). The subject property was further rezoned from Single-Family Residential District (R20) to Community Retail Commercial (CRC) to facilitate a retail development. This rezoning was approved with conditions on May 3, 1999 by the Mayor and Council. Appendix 1 and 2 show the stipulations of the approvals and the proposed site plan that accompanied the rezoning request.

In 2021, the Mayor and Council considered a special use application to allow a convenience store with gas pumps, a retail strip, quick service restaurants, and a medical urgent care facility within the CRC district. This application was denied by the Mayor and Council following the public hearing, where residents expressed concerns regarding the proposed gas station.

During that same year, the city of Powder Springs rezoned the adjacent parcel from NRC to CRC. The road realignment project at the intersection of Powder Springs Road and Flint Hill Road resulted in Pine Grove Drive crossing the future development site at a different point. This resulted in inconsistent zoning (NRC and CRC) on the future development site. The city initiated rezoning application made the entire future development site CRC zoning.

Appendix 3 shows the proposed site plan for the commercial development with the convenience store located at the western side of the site, at the intersection of Pine Grove Drive and Powder Springs Road. Because the special use for the gas station was not approved, the developer decided to not proceed with the development. -

ZONING ANALYSIS:

The current owner of the property is requesting to rezone the property from CRC to PUD-R, stating difficulties selling the subject property for commercial development. The applicant has presented the site plan below, with 49 rear loaded townhouse units.

As part of the site plan review, the city consulted with TSW to review the proposed development based on the city’s design guidelines and the principles of the PUD-R zoning district. TSW recommended a new site plan with a missing middle housing product. This revised site plan results in 89 units, a mixture of townhouses, duplexes, and 8-plexes.

Fiscal Analysis - Source KB Advisory Group

The Project produces a net positive fiscal impact on City operations of $33,700, representing a 27% margin of revenues over service costs at build out. This estimate does not factor in impacts on intergovernmental revenues, nor does it include capital outlays or debt service costs which are not directly impacted by the Project.

This margin is smaller than some recent residential developments due to its assumed lower average unit pricing and the effects of homestead exemptions. KB has also been slightly more conservative in forecasting future value growth in townhomes versus single-family detached products.

Previous fiscal studies provided by KB Advisory Group looking at the City as a whole have stated that Powder Springs appears to be capturing a larger share of demand for lower-priced new construction as those are becoming less feasible in other parts of Cobb County. Given the city’s plans to address affordability through preservation of its existing housing stock, the pipeline of new development should focus on higher-end products which has been nonexistent until fairly recently.

Market Information (30127, McEachern HS) Source: MarketNsight

Market information provided by MarketNsight indicates that the available supply of townhouse units in this area is higher than a balanced market. Availability of townhouse units exceeds the availability of single-family units. A balanced real estate market is generally characterized by 4 to 6 months of inventory. MarketNsight has recommended that the city pursue opportunities for “Missing Middle Housing” which is consistent with the site plan prepared by TSW.

Townhouse

Single Family

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 future development map designates the subject site as Community Corridor: Commercial Corridors are made of larger scale commercial, civic, and public uses along major transportation corridors and other areas that see a lot of traffic to serve both nearby neighborhoods and people coming to or traveling through Powder Springs. The Commercial Corridor designation is compatible with the following zoning districts: MXU Mixed-Use District »O-I Office-Institutional District »CRC Community Retail Commercial District and E-Commerce & Logistics Overlay. The Unified Development Code also includes NRC as a potential zoning district. The proposed rezoning to PUD-R is not compatible with the future development designation.

Figure 3. Future Development Map.

Additionally, this site is adjacent to a Redevelopment Area designated in the 2021 Comprehensive Plan update. The 39-acre redevelopment area at Flint Hill and Powder Springs Road proposes the development of 66000 sf of commercial space and 172 residential units at varying densities. Given the existing industrial uses in the area, the lack of industrial properties in the county and inability to assemble properties to implement the previous comp plan recommendation, the City has changed its recommendations in this area to include an industrial land use focus.

Although not consistent with the future development map, the comprehensive plan does contain a goal regarding missing middle housing.

GOAL 3 / ENCOURAGE GROWTH THAT INCLUDES DIVERSE HOUSING OPTIONS WITHIN A RANGE OF PRICES ACCESSIBLE TO CURRENT AND FUTURE RESIDENTS.

If the site were redesigned per the staff consultant’s recommendation, this site would create a diverse housing option not currently located in the city.

A townhouse development does not address this goal given the current supply of town house units in the city.

(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.

To the north exists one NRC zoned parcel currently used as an event facility and a mix of R-15 and Medium Density Residential (MDR) zoned residential uses along Pine Grove Drive. The zoning district to the east along Powder Springs Road is NS (Neighborhood Shopping) and GC (General Commercial) in the county. City zoning to the south of the site consists of CRC and NRC zoning, with GC zoning within the county, beyond which is predominantly industrial zoning in the city and county.

Figure 2 Adjacent Zoning within the City

Figure 3 Adjacent Zoning within the County

CRC zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network.

The PUD-R district is intended to allow flexible site planning and building arrangements under a unified plan of development so that innovative land planning methods may be utilized which foster natural resource conservation and neighborhood cohesiveness as well as neo-traditional developments.

Rezoning this parcel to PUD-R will not be inconsistent with the properties located to the north. The zoning categories increase with intensity going from predominantly residential to the north, to heavy industrial in the south.

(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.

The property located to the east of the subject site appears to be used commercially, with commercial parking lot and accessory structure close to the property line. This adjacent property is located in unincorporated Cobb County. If this parcel was required to have a buffer to the adjacent newly zoned residential property, this could affect redevelopment of this site. Should this rezoning be approved, staff recommends that the buffer between incompatible uses be placed on this property.

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

There are no substantial reasons why the property cannot or should not be used as currently zoned. Staff notes, however, that the property has been undeveloped since the property was rezoned to CRC in 1999. The city has reviewed the need for commercial development in the city and has found that commercial zoned properties within the city exceed the demand in the area. However, the city has also stated that commercial development should be focused in areas with the commercial corridor or professional employment center designation. Further, in 2023, the city identified seven priority commercial areas in the city, and Powder Springs Rd in this area was identified. The findings stated that this area has the potential to house retail and service businesses to support new residential development on Powder Springs Road, most likely in the form of additional restaurants or a retail strip center.

(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.

Cobb County Fire District, Cobb County Water System, Cobb County Schools, and city departments reviewed the application. Cobb County schools stated that they did not have any comments. Cobb Fire and Cobb Water provided the attached comments, but did not note major concerns. The road realignment project at Flint Hill improved the intersection. Pine Grove Drive and Powder Springs Road are adequate to serve the site. Access onto Powder Springs Road will need to be restricted to right in/ right out only. Staff recommends review of access points on Pine Grove Road, and the connectivity to Powder Springs Rd. This will be addressed during the land disturbance process.

(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.

The area has been developed with additional residential development to the west of this site. Since the comprehensive plan was adopted, the city has annexed additional industrial and commercial property to the south.

(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.

PUD-R zoning would allow residential use on this property. Should the site be redesigned per staff’s recommendation, it will provide the missing middle housing component not currently available in the city.

Should the application be approved, staff recommend the following conditions.

1. Site plan be modified to be substantially consistent with that prepared by TSW dated 5/19/2025.

2. Any portion of a building facing Pine Grove Road or Powder Springs Rd is considered a front. Building elevations and site design shall meet all requirements of the city’s design guidelines.

3. Sidewalk and landscaping meeting buffer and/or frontage requirements will be provided along the frontages of Pine Grove Drive and Powder Springs Road for the entire parcel 19086700050. All sidewalk and landscaping along the existing right-of-ways shall be installed prior to the issuance of a building permit.

4. A twenty five foot landscape strip be provided along the east side of the development. Additional buffering of commercial property to the east may not be required in the future.

5. The detention pond shall be screened with landscaping subject to staff review. Underground detention shall be considered. Stormwater management facilities shall be designed by a registered landscape architect as formal or natural amenities for residents. The pond shall be designed to not require a fence or be enclosed by walls over 30 inches in height.

6. Landscape strips shall meet the requirements of the PUD-R zoning district and must be on the subject property (not in the right-of-way).

7. A site plan be provided meeting all requirements of Section 2-15 (h) within 60 days of this approval.

8. Concurrent with this rezoning, a variance to density be granted to allow a density of 14.2 units/acre.

9. Owner occupancy. Declarant or any builder constructing homes within the property must sell any such home for owner occupancy only. Thereafter, leasing of any units within the property shall not exceed five percent of the total units for the entire development. The covenants shall contain a provision that each residential unit shall be owner occupied. Leasing of any residential unit shall be limited to no more than five percent of the total number of homes and for no lease term of less than one year. The homeowners association (or property owner's association) must maintain records dealing with leases within the development, and such records shall be subject to review by the City of Powder Springs personnel with regard to enforcement of this provision limiting the total number of leases at the time of such request by the city. The association agrees to provide upon request from the City of Powder Springs any and all information relating to existing leases at the time of such request by the city. The covenants shall name the City of Powder Springs as a third party beneficiary for the purpose of enforcing the leasing provisions. No amendment to the leasing provisions shall be made without prior written approval of the City of Powder Springs.

10. The applicant dedicate to the Development Authority of Powder Springs (DAPS) the unused portion of the site to the west of the development. The applicant/owner shall work with DAPS so that this parcel can be combined to become a commercial parcel or potentially a retention pond amenity with buffer.

11. The submission of a landscape plan is required during the Plan Review process which shall be subject to review and approval by the Community Development Director and/or designee. The landscape plan shall include, but is not limited to, the following requirements:

a. A landscape screening, vegetative buffer around the perimeter of the Subject Property which has contiguity to existing residential developments.

b. The landscape plan shall be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed Horticulturist and shall identify open space areas; landscaped communal areas; and other components of the proposed Residential Community which will be further identified during the Plan Review process.

c. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.

d. All HVAC, mechanical systems and home utilities within the community shall be screened from view and shall not be located within the building setback.

e. Entry signage for the proposed Residential Community shall be groundbased, monument-style, landscaped, lighted and irrigated.

f. The installation of landscaped front, side and rear yards and attendant irrigation components where indicated by the Arborist. Compliance with the City's current Tree Preservation & Replacement Ordinance and substantial conformity to all tree protection measures and the adherence to same during the construction and build out of the three. Clearing shall be conducted in phases in compliance with the provisions of the UDC.

12. 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, ground based directional signage to ensure ease of maneuverability and accessibility.

13. Approval is subject to recommendations from the City of Powder Springs Engineer and/or the City's consultants concerning hydrology, stormwater management, detention, water quality and downstream considerations, including recommendations regarding the ultimate positioning and configuration of on-site detention and water quality. Also, compliance with the following engineering considerations:

a. Providing the City Engineer and/or the City's consultants with a Hydrology Plan for the Subject Property during the Plan Review process.

b. Compliance with City Engineer's requirements for low impact design and bio retention, to include runoff capture or infiltration practices into the site either upstream of storage facilities or integral with grading and drainage and/or pavement and /or landscaping. These practices need to be integral with the site layout, for example: islands within the parking lot for bioretention etc. At the time of design and plan production the applicant will be within the 1-mile of an impaired stream, therefore the applicant shall provide 4 additional BMPs in Appendix 1 checklist.

c. Verifying all points of discharge with respect to detention/water quality.

d. Compliance with the protections required under State and Local Law concerning adjacent streambank buffers and an agreement that there has been no "buffer averaging."

14. Compliance with the recommendations from the City's Engineer and/or Consultants with respect to Public Works and traffic/transportation issues, as follows: a. Streets shall be built to the City of Powder Springs' Design and Detail Standards, including the construction of sidewalks on both sides of the interior streets. b. Compliance with the Fire Marshall's recommendations with respect to Life Safety & Fire Prevention Issues during the Plan Review process.

15. Common Open Space areas, amenities, mail kiosks, and all the various components for common and public use as described above shall be constructed in compliance with ADA regulations with respect to accessibility and related factors.

16. The Community Development Director shall have the authority to approve minor modifications to these stipulations, the architectural renderings/elevations, the site plan, and the overall proposal as it proceeds through the Plan Review process and thereafter except for those that:

a. Increase the density of the Residential Community.

b. Relocate a structure closer to the property line of adjacent property which is zoned the same or in a more restrictive zoning district.

c. Increase the height of a building which is adjacent to property which is zoned in the same or more restrictive zoning district.

d. Change access locations to different rights-of-way.

17. Traffic impacts will be reviewed as part of the Land Disturbance Permit process. Applicants agree to offsite improvements necessitated by this development.

18. No more than 50% of certificates of occupancy will be issued prior to the completion of amenity features, as evidenced by certificates of completion.

19. If the development on the site stalls for a period of 6 months or more, as evidenced by a lack of issuance of building permits and inspections requests as would be normal for building construction to proceed to certificate of completion, the site shall be replanted per a plan approved by the Community Development Director showing compliance with minimum tree canopy, street trees and buffer requirements.

20. The applicant shall comply with Cobb County FMO and Cobb County Water System comments, included in the appendix.

APPENDIX

1. May 3, 1999 Mayor and Council Approved Minutes with Stipulations.

2. Previously Approved Site Plan

3. Proposed Site Plan. 3200 Powder Springs Rd.

3.

4. Cobb County Fire Comments

5. Cobb County Water System Comments