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Rezoning Application
Application of Paran Homes to Rezone a +5.69 Acre Tract from CRC to MDR; Land Lot 825, 19th District, 2nd Section, Cobb County, GA.
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PETITION: The applicant, Paran Homes, LLC is initiating a Rezoning from CRC to MDR for the purposes of a new development and construction of 45 Town Homes located in Land Lot 825, 19th District, 2nd Section, Cobb County.
Prepared By:
Community Development
Recommendation:
See Updated attachment for revised review
Should Mayor and Council choose to approve, staff recommends approval with the following stipulations: (strike out and underline of stipulations 1-15 shows staff comments to the applicant’s proposed stipulations).
1. The Revised 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 Subject Property.
2. The Rezoning of the Subject Property shall be from CRC to MDR in substantial conformity to that certain Revised Site Plan prepared by Gaskins Planning/Consulting/ Construction Management (“Gaskins”), which is being formally submitted concurrently herewith. The applicant shall provide a site plan meeting all requirements of the UDC, except those varied by the concurrent variance application. This site plan shall show that two cars can fit in the driveway without blocking the sidewalk and the private open space requirement of the MDR zoning district.
3. There shall be a total maximum number of forty-five (45) Town Homes at a maximum density of 7.91 units per acre.
4. The Town Homes shall range in size from a minimum of 1,800 square feet up to 2,400 square feet and possibly greater.
5. The architectural style and composition of the Town Homes shall be in substantial conformity to the architectural rendering/elevation which is being resubmitted concurrently herewith, the composition of which consisting of a mixture of either brick, stacked stone, cedar shake, Hardipanels and/or Hardiplank. The elevations are required to meet the standards of Article 5 of the Unified Development Code.
6. Each home shall have an attached two-car garage which shall be designed to accommodate two (2) vehicles at all times. The driveways of the Town Homes shall be twenty-two feet (22’) as measured flush with the garage door and shall accommodate the parking of two (2) additional vehicles.
Paran Homes shall follow the directives from the Cobb County Fire Department with the inclusion and installation of fourteen (14) guest parking spaces as shown on the Revised Site Plan, and will further revise the site plan (if necessary and required) with respect to the utilization of dead-end streets as opposed to the site plan employing “hammer-heads” or cul-de-sacs.
7. The Town Homes within the Residential Community shall be “For Sale” only. The Subdivision Covenants shall, however, contain a recital stating that the leasing of the Town Homes shall be limited to no more than ten percent (10%) of the total number of Town Homes and for no lease term less than one (1) year in duration.
8. The creation of a Master Mandatory Homeowners Association (“HOA”) and the submission of a Declaration of Covenants, Conditions and Restrictions (“CCRs”) which shall include, among other multiple components, strict architectural controls and substantial conformity to the architectural style and composition mentioned above.
The HOA shall be responsible for the upkeep and maintenance of all common areas; tree preservation areas; community Open Space; shared amenities; mail kiosks as required by the USPS and landscaped buffers.
Based upon discussions with the Sweetwater Landing HOA, the Master Mandatory Homeowners Association will be a joint HOA between that single-family detached residential community and the currently proposed single-family Town Home community.
9. A third party management company shall be hired to manage the day-to-day operations of the HOA and shall also be responsible for the management of all Association monies as well as insuring that the Association is properly insured until such time as the HOA makes a determination that it can undertake such responsibilities.
10. The submission of a landscape plan under the Plan Review process which shall be subject to Staff review and approval and which shall include, but not necessarily be limited to, the following:
a. The landscape plan, which shall be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed Horticulturist, shall identify Open Space areas; landscaped common areas; and other components of the proposed Town Home Community which will be identified during the Plan Review Process.
b. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.
c. All HVAC and mechanical systems and home utilities within the community shall be screened by way of fencing and/or landscaping.
d. Entry signage for the proposed Town Home Community shall be ground-based, monument-style, landscaped, lighted and irrigated.
e. The installation of landscaped front, side and rear yards.
f. Stormwater detention and water quality components shall be landscaped and fenced appropriately in order to be attractive to homes both on the inside and outside of the proposed Town Home Community.
g. 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 Town Home Community.
11. 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 or the City’s consultants with a conceptual Hydrology Plan for the Subject Property during the Plan Review Process.
b. Verifying all points of discharge with respect to detention/water quality.
c. Compliance with the protections required for adjacent Streambank Buffers.
12. Compliance with the recommendations from the City’s Engineer or Consultant with respect to Public Works issues and traffic/transportation, as follows:
a. The Traffic Impact (Signal Needs) Study (“TIS”), dated February 20, 2018 and prepared by Marc Acamporo, P.E., LLC, shows that traffic signalization at this intersection is not “Warranted” (emphasis supplied) under GDOT or ITE standards within either a “Build” or “No Build” scenario. Traffic signal to be reviewed at a later time. Original zoning stipulation stands.
b. Streets to be constructed shall be public and shall be built to the City of Powder Springs’ Design and Detail Standards.
c. The public streets shall be designed to provide adequate access and maneuverability for public safety services and vehicles.
d. Compliance with Fire Department recommendations with respect to Life Safety & Fire Prevention Issues during the Plan Review Process.
13. The subject property is bounded by major rights-of-way, a railroad line and an existing subdivision which is under construction. Those issues, coupled with the subject property’s irregular configuration, and stream-traversed nature constitute a set of circumstances wherein a literal interpretation or enforcement of UDC provisions constitutes overall legal hardships. Moreover, the granting of the requested concurrent Variances does not in any way set an adverse precedence nor does the granting of the requested concurrent Variances impair the purpose, spirit and intent of the UDC. The concurrent Variance requests are as follows:
a. A reduction in the setback from 25’ to 15’ against the RR adjacent to Powder Springs - Dallas Road and from 35’ to 25’ along the east and south property lines.
b. The reduction of the landscape buffer from 25’ to 10’ along the south property line and to 15’ along the east property line.
c. An increase in impervious surface from a maximum of 50% to 54%.
d. To allow construction of sidewalk on one (1) side of the interior streets as opposed to both sides.
14. Common Open Space areas, mail kiosks, etc. shall be in substantial compliance with ADA regulations with respect to accessibility.
15. 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.
Additional staff comments:
1. Applicant provides a marketing study to ensure that commercial development is not viable in the parcel.
2. If this application is approved, the City will initiate a Special Use to permit density of 7.91 units per acre in accordance with Sec. 2-14 (b) of the UDC.
3. Within one year of the approval, a subdivision plat be provided separating the residential portion from the commercial area. If this subdivision does not occur, the rezoning will revert back to CRC zoning.
Background:
The subject property is proposed for a new development by Paran Homes, adjacent to the existing Sweetwater Landing subdivision constructed by Paran Homes, LLC. The property is zoned CRC.
Paran Homes is looking to add a mixed use consisting of townhomes and a retail strip. The property area is 5.69 AC, and the development will consist of 45 units. This development may impact a FEMA Floodplain area and wetland. This will be reviewed through the development process. Paran Homes will not develop the commercial portion of the project.
The property at issue (“Subject Property”) is a portion of a 75.15 acre tract which was rezoned from Heavy Industrial (“HI”) to CRC (6.86 acres) and R-15 (68.29 acres) in September, 2004. The Subject Property is located at C. H. James Parkway and Powder Springs-Dallas Road and in an area on the City’s Future Land Use Map (“FLUM”) within a Community Activity Center (“CAC”) which contemplates the type of development (in tandem with the Single-Family homes being constructed within Sweetwater Landing and the remaining Commercial/undeveloped tract) contemplated by the FLUM.
Paran Homes’ proposal constitutes a request for Rezoning from CRC to MDR for the purposes of the development and construction of 45 town homes at a maximum density of 7.91 units per acre. The proposed rezoning preserves at least 20,000 sq. ft. of Retail property zoned CRC along the Subject Property’s frontage on Powder Springs-Dallas Road. The applicant states that, the entirety of the originally rezoned CRC has lain idle for the past 14 years and market-driven indicators suggest that the Commercial tract is at best, a secondary Commercial location.
Analysis:
The Comprehensive Plan designates this property as Community Activity Center (CAC). Community Activity Centers are regional focal points containing a mix of commercial, professional, civic, public, and higher density residential uses. Developments with this land use would be designed to accommodate commercial uses serving a citywide clientele. Recommended uses include commercial developments, office/professional, mixed use office/retail/residential, Mixed use townhomes, Mixed use condominiums, Civic/public/church establishments. Furthermore, Community Activity Centers are made of larger scale commercial, civic, and public uses to serve both nearby neighborhoods and people coming to or traveling through Powder Springs. This character area is more intense than Neighborhood Activity Centers. Thus, a townhome development with a proposed commercial strip does “fit” the criteria of the future land use map. Architectural standards should be adopted to ensure that higher densities permitted in an infill or traditional neighborhood development is mitigated with quality developments.
CRC Zoning
The 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. Higher density residential uses in certain locations may be permitted.
MDR Zoning
The MDR zoning district is intended to implement the “village center residential” future development area as established by the comprehensive plan. The MDR zoning district is intended to implement the “medium density residential” future land use category established by comprehensive plan.
The MDR zoning district is intended to provide for dwellings at densities not exceeding 3.2 dwelling units per acre for single-family detached residences. Conservation subdivisions, which may be constructed at densities slightly higher than that permitted for conventional single-family residential development, are also permitted subject to compliance with the provisions of article 15, division IX of this code. This district also permits duplexes, triplexes, quadraplexes, townhouses, and condominiums by right at densities not exceeding 5 dwelling units per acre. Density increases are also permitted by special use not exceeding 8 dwelling units per acre, provided development incorporates exceptional traditional neighborhood development design and amenities into the site plan. Institutional and park, recreation, and greenspace uses are also accommodated.
Density Comparison in different Zoning Categories
The density of the proposed by the applicant is permitted via Special Use approval in the MDR zoning district, if traditional neighborhood design is demonstrated. Without this special use approval described below, the maximum density is 5 units per acre. The density allowance in the MDR zoning district was increased in 2015 to allow this increased density with exceptional design.
“Density increases are also permitted by special use not exceeding 8 dwelling units per acre, provided development incorporates exceptional traditional neighborhood development design and amenities into the site plan.”
The proposed density would be allowable under the Mixed Use zoning designation, but the applicant is not proposing the development of the commercial site. As part of a mixed use development, the maximum density is 12 units per acre because this property is located in a Community Activity Center.
Staff notes that if approved by the Mayor and Council, the stipulations presented by the applicant are overall consistent and inherent to the Unified Development Code with exception to the following:
a. Staff does not recommend any condition that removes the requirement for a traffic signal. (#12(a)). The traffic signal will be reviewed at a later time between Staff and GDOT and as the development proceeds.
b. Zoning stipulation number 3, which reads “There shall be a total maximum number of forty-five (45) Town Homes at a maximum density of 7.91 units per acre. This level of density is only permitted by Special Use approval in accordance with Section 2-14 (b) of the UDC. If this application is approved, Staff will administratively process the special use approval.
c. The application should not be approved to a specific site plan. The site plan must meet all requirements of the Unified Development Code, except those specifically varied by this application.
d. On street parking is a concern throughout the city. Sufficient unimpeded driveway length must be provided. Rear entry garages should be considered to be in keeping with traditional neighborhood design.
e. Compliance with Sec. 5-35. Drainage and Low Impact Development shall be shown. Low Impact Development will lessen the additional burden to stormwater the development will cause.
2. The following variance requests are being reviewed under a separate application:
• An increase of impervious surface from 50% to 54%.
• A waiver which allows the construction of sidewalk on one side of interior streets as opposed to both sides.
• A reduction in the eastern landscaped buffer from twenty-five feet (25’) to fifteen feet (15’).
Rezoning 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:
Applicant response: The Future Land Use for the subject property is Community Activity Center, which provides for higher density residential uses. The consistent zoning districts for CAC are NRC, CRC, OP, and MXU. The proposed MDR combined with the remaining CAC properties at CH James Parkway create a mixed use environment which is consistent with the land use plan. The adjacent commercial development will become more viable when the residential portion of the development is completed.
Staff response: The Future Land Use for the subject property is Community Activity Center, which provides for higher density residential uses. It consists of regional focal points containing a mix of commercial, professional, civic, and public uses. Developments with this land use would be designed to accommodate commercial uses serving a citywide clientele. The consistent zoning districts for CAC are NRC, CRC, OP, and MXU. The consistent zoning district for MDR is Village Center Residential Parcels designated “low density residential” are 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. Thus, townhomes would be not be consistent with the future Land Use category of the Comprehensive Plan.
The City completed a new Comprehensive plan on October 16, 2017. This process reviewed the current conditions and demographics of the city and noted needs, opportunities and established goals and policies to guide future growth. Two needs identified by this process are "job creation" and " diversifying the City’s tax base to fund future improvements”. Approval of this rezoning is in conflict with these needs because rezoning from CRC to MDR will remove a potential commercial property from the tax digest and will eliminate an opportunity for job creation. Additionally, this plan reviewed land uses throughout the city and identified this area as a commercial activity center. However, the applicant’s statement about this being a secondary commercial location may be appropriate because this site was not identified as one of the seven development nodes identified.
The proposed rezoning is not consistent with 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;
Applicant response: The applicant has applied for Medium Density Residential (MDR) Zoning for the subject property. This zoning category provides for higher densities when the development incorporates traditional neighborhood design and amenities. The MDR component is part of a mixed use development with several housing types and commercial pad sites along CH James Parkway.
Staff response: The applicant has applied for Medium Density Residential (MDR) Zoning for the subject property. This zoning category provides for higher densities when the development incorporates traditional neighborhood design and amenities. The MDR component would be a part of a mixed use development with several housing types and commercial pad sites along CH James Parkway. However, the proposed densities are only permitted via Special Use in the current or proposed zoning district. Because the applicant will not be developing a commercial component, the MXU zoning district would not permit this development. Additionally, the MDR zoning district has a private open space requirement according to Sec. 2-14 of the UDC:
Private open space required. Every single-family detached and single-family attached dwelling unit zoned MDR shall have a minimum 400 square foot private yard or patio arranged for use by the occupants of the dwelling and located in the side or rear yard. The private yard or patio must be enclosed by any combination of the following: a masonry wall, wood fence, trellis or lattice with a minimum height of 6 feet; or an evergreen hedge, shrubs or trees that will achieve a height of 6 feet within 3 years of planting under normal growing conditions.
If this property was developed as a conservation subdivision, it would be permitted at a density of 120% of the density shown in Table 2-2 of the Unified Development Code. Additionally, setbacks and lot sizes may be reduced. Conservation subdivisions also remove the requirement for private open space in the MDR zoning district. However, development as a conservation subdivision requires conservation of 40% of the land area.
It appears that this application is proposing density that is consistent with the mixed use zoning category, but does not implement the commercial or design features found with mixed use zoning. The density proposed is only consistent with MDR, if it incorporates exceptional traditional neighborhood development design and amenities into the site plan. One component of traditional neighborhood design is rear entry lots. The development also does not include an amenity, although it does proposed to join the existing HOA to use the existing amenity.
(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;
Applicant response: The proposed use of attached residential is consistent with surrounding properties. The MDR component to Sweetwater will be a step down zoning from the commercial along CH James Parkway and the single family detached development currently being built out by Paran Homes. This proposed townhome community will share the amenities with the existing residents which will decrease the expense of the amenities per resident.
Staff response: The proposed use may not consistent with the surrounding properties. The area was previously identified to be a commercial location to serve the adjacent neighborhood. Development of townhouses without adequate greenspace and parking may create issues for the surrounding properties. The surrounding properties consist mostly of detached single-family dwellings. If this development is approved, staff recommends at least 22 feet of driveway, before the sidewalk to ensure parking of at least two cars in the driveway. One of the proposed stipulations is that this neighborhood joins the existing HOA. Staff agrees that if approved, this neighborhood shall join the HOA. This will allow an amenity for the new homeowners. If they do not join the HOA, the new subdivision will not have an amenity.
(d) Whether there are substantial reasons why the property cannot or should not be used as currently zoned;
Applicant response: The CRC parcel is too large for the current retail market. Making the commercial parcel smaller and adding residential units will make the commercial pad site more viable.
Staff response: There are no substantial reasons why the property should not be used as currently zoned. Staff notes that the parcel was intended for a full commercial establishment. A Marketing study justifying that the site is not viable for commercial development is requested. The City of Powder Springs is more than 70% by land area residential. It is the city’s policy to preserve commercially zoned properties.
(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;
Applicant response: The proposed project will include 45 attached units. It is anticipated that public facilities will be able to handle the increased usage from this community. Additionally, the City will benefit from the tax base of this community.
City response: Cobb FMO, COPS Public Works, and Cobb DOT will review the proposed development to determine if public facilities are adequate to serve the proposed use.
Cobb Fire Marshal Comments: Applicant shall meet the guest parking criteria will limit the dead-end roadways to a maximum of 150-ft. Staff notes that dead end roads are also required to comply with Section 8-70 of the City of Powder Springs Unified Development Code.
Fire Department Comments regarding Guest Parking Criteria:
1. Where driveways to two car garages exceed 50 feet in length, no additional guest parking is required.
2. Where driveways to two car garages are at least 22 feet long and 20 feet wide, additional parking shall be required at .5 spaces per dwelling unit.
3. Where driveways to two car garages are less than 22 feet long and 20 feet wide, additional parking shall be required at 1 space per dwelling unit.
4. Where only single car garages are provided, additional parking shall be required at 2 spaces per dwelling unit.
5. Guest parking spaces must be evenly distributed throughout the project.
6. Where driveways to two car garages are at least 22 feet long and 20 feet wide, additional parking shall be required at .5 spaces per dwelling unit.
7. Where driveways to two car garages are less than 22 feet long and 20 feet wide, additional parking shall be required at 1 space per dwelling unit.
8. Where only single car garages are provided, additional parking shall be required at 2 spaces per dwelling unit.
9. Guest parking spaces must be evenly distributed throughout the project.
Additionally, the finance director has expressed concerns about the long term impact the conversion of commercial space to residential space will have on the tax digest.
Sec. 8-70. Cul-de-sacs and Dead-End Streets.
(a) A cul-de-sac shall be no more than 600 feet long unless necessitated by topographic or other conditions and approved by the community development director. Cul-de-sacs shall terminate in a circular turnaround having a minimum right-of-way of, for residential streets at least 100 feet in diameter, and a paved turnaround with a minimum outside diameter of 80 feet (see standard detail 400.03 in article 21 of this development code). On commercial and industrial streets, cul-de-sacs shall have a right-of-way diameter no less than 160 feet, and a pavement diameter of 124 feet (see standard detail 400.04 in article 21 of this development code).
(b) (b) A dead-end street other than a cul-de-sac shall not be allowed except as a temporary stage of construction of a street that is intended to be extended in a later stage of construction. Such a temporary dead-end street shall be provided with a temporary turn-around having a roadway radius of 44 feet, except that alleys, if permitted shall have a turnaround radius of 40 feet.
(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
Applicant response: The Comprehensive Plan designated this area as CAC and anticipated that higher density residential would be mixed use with commercial components. Unfortunately, this area of the City has not experienced the growth that the Comprehensive Plan predicted that would support mixed use residential with community wide commercial.
Staff response: The City has designated this parcel of land as Commercial, and as a Community Activity Center in consistency with the future land use map. The City intended for this parcel to be developed as commercial. A Marketing study justifying that the site is not viable for commercial development is requested.
(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.
Applicant response: The proposed use of attached residential allows the property owner to exercise their property rights while offering housing choices to residents of the City of Powder Springs and buffering the low density residential to the south and east from the high volume transportation corridors.
Staff response: The proposed zoning district is not consistent with the City of Powder Springs Comprehensive Plan, and the future land use category; however, since the development is proposed near an adjacent Norfolk railroad, noise and vibrations may affect the quality of life of the residents. Buffer should be maintained in the form of landscaping or some other aesthetically pleasing form.
Fiscal Impact:
An increase in traffic flow to and from the site is highly anticipated by this application. Plans will be reviewed by the Cobb FMO, COPS Public Works Department, and any other pertinent agency.
Recommendation:
Should Mayor and Council choose to approve, staff recommends approval with stipulations.