File #: PZ 19-012
APPLICATION: Rezoning Application APPLICANT: Paran Homes, LLC
PETITION: Requesting to rezone from Single-family Residential District (R-20) and Medium Density Residential (MDR) to Planned Unit Development - Residential (PUD-R) to accommodate a residential development on approximately 32.56 acres.
PURPOSE OF THE REQUEST: rezoning application from Single-family Residential District (R-20) and Medium Density Residential (MDR) to Planned Unit Development - Residential (PUD-R) to accommodate a residential development on approximately 32.56 acres.
LOCATION: Land Lots 869, 19th Districts, Powder Springs, Georgia.
PARCEL #: 1908330070, 19083300380, 198330040, 19087000030, 19087000020, 19087000140, 19083300390
ACRES: Approximately 32.56 acres DENSITY 3.62 units per acre UNITS: 118
LOCATION MAP
Background:
The subject property is located along Powder Springs Road and is currently zoned Single-family Residential (R-20) and Medium Density Residential (MDR). A portion of the (approximately 27.77 acres) subject site was previously approved for rezoning from R20 to MDR by the Mayor and Council on January 7, 2019. The approval was to facilitate a residential development consisting of 104 units with a density of 3.75 units per acre. A variance was also approved by Mayor and Council on January 7, 2019 reducing the front setback, road width, pavement width and minimum lot sizes. Since the rezoning was approved, the company entered into a contract with an adjacent property owner to purchase 4.99 acres located to the west of the subject site.
On February 18, 2019 the Mayor and Council approved a new zoning classification, Planned Unit Development-Residential (PUD-R), to allow flexibility in lot size and setback. The 4.99 acre tract to be acquired is currently zoned R20. As a result the proposed request is to rezone from Single-family Residential (R-20) and Medium Density Residential (MDR) to Planned Unit Development-R (PUD-R). With the addition of the 4.99 acre the proposed development will consist of approximately 118 units on approximately 32.56 acres with a density of 3.62 units per acre.
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Table 1 |
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Previous Approval |
Current Request (4.99 acres addition) |
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Lot acreage |
27.77 |
32.56 |
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Density |
3.75 |
3.62 |
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# of Units |
104 |
118 |
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Previous Approval and Current Zoning Request |
Surrounding Land Use:
The subject site is surrounded by various zoning districts. There is residential zoning located to the east (R15), west (R20) and north (R20) of the subject site consisting of single-family residences. Parcels located to the south of the subject site is zoned Light Industrial (LI) consisting of industrial, residential dwelling units, recently vacated agricultural property, and vacant lots.
Analysis:
The application should be reviewed against the following standards:
a. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?
Yes, the proposed use of the subject property for the development of an Active Adult Residential Community is compatible with the purpose and intent of the Comprehensive Plan in view of the fact that the subject property is part of a Redevelopment Area as defined in the Comprehensive Plan, adopted on October 16, 2017. The proposed Redevelopment Area is located along the north side of Powder Springs Road west of its intersection with Hopkins Road. The Redevelopment Area is designed to include multi- family, townhomes, single- family residential, along with office/flex space and commercial buildings. Accordingly, the City's approval of this Application for Rezoning will further the goals of the City's Comprehensive Plan. The Comprehensive Plan identified five (5) goals for the City. Goal three (3) is “Develop quality, diverse housing that can contract a wide range of people and lifestyles.” As such, this development is consistent with the Comprehensive Plan.
b. Is the proposed use consistent with the stated purpose of the zoning district that is being requested?
The Planned Unit Development-R (PUD-R) was to provide flexibility in design, allowing for setback flexibility and lot size variation. Though flexibility is granted with the PUD-R, the development must provide reactional areas at a ratio of 1 acre per 50 units. The site plan provided has indicated a section dedication for a park/ amenity area. The setback for buildings and landscape buffer as indicated on the site plan is consistent with the PUD-R requirement. The PUD-R also has architectural standards requiring a minimum 50% brick on all three sides of a building. Based on the architectural rendering submitted the proposed units is consistent with the PUD-R zoning district as identified.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The subject site is surrounded by various residential districts (R20 and R15), and abuts single-family residence located to the east of the subject site. The PUD-R requires a 25 foot landscape buffer along the entire perimeter of the site. The site plan indicates a 25 foot landscape buffer located to the east and west of the property lines. The 25’ landscape buffer should mitigate from noise, dust and light generated from higher density. The 25’ landscape buffer cannot be extended to the north property line due an existing stream that flows to the rear of the property. State and local legislation requires a total of 75 foot buffer from all streams. In addition to the 75 foot buffer, the dentition pond will also be located to the rear of the property providing additional separation from neighboring lots. Based on the site plan submitted the proposed request is compatible with the surrounding area and should not create a public health and safety concern. The site plan also indicates a 35 foot separation of buildings from the property lines which meets the PUD-R requirement and provides adequate distance from neighboring structures.
d. Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?
Though the PUD-R allows for greater density up to 8 dwelling units per acre, the proposed request has a density of only 3.62 dwelling units per acre. In addition, the site is from a residential zoning district to a residential zoning district (R20 to PUD-R) and is adjacent to residential zoning districts. The proposed residential development will have ingress and egress from Powder Springs Road, an arterial roadway. Based on the Institute of Transportation Engineers, senior adult housing attached will generate approximately 0.26 trips per unit. Therefore, the proposed development of 118 units will generate approximately 30 PM peak hour trips. the additional trips onto Powder Springs Road should not create an unsafe environment for the surrounding area. The proposed site is surrounded by residential subdivision and will be buffered by a 25 foot landscape buffer to minimize off-site impacts. The south of the proposed subdivision is zoned Light Industrial (LI). There is currently a storage facility, vacant property and single-family residences that is located in the LI zoning district. The LI zoning district is separated by a four (4) lane arterial roadway. The uses that currently exists do not pose any traffic or public health concerns. The impacts of the proposed development should not adversely affect adjacent properties.
e. Are their substantial reasons why the property cannot or should not be used as currently zoned?
The proposed rezoning from R20 and MDR to PUD-R will adopt new conditions to facilitate the residential development of the site. The PUD- will allow for flexibility while eliminating numerous variances. The proposed request is also consistent with the Redevelopment Area as outlined in the Comprehensive Plan. In addition, the proposed development will not impact school capacity as the development is age restricted, and additional trips generated will be minimal and should not pose a hazard. There are no substantial reason why the property cannot or should not be used as currently zoned.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?
Based on the information provided in the application, public facilities will be adequate to serve the proposed use. The project is an adult community and there will be no impact on school capacity. The project will be served by the City of Powder Springs utility services. Cobb County Fire Marshall Office, City of Powder Springs Public Works, and other relevant departments will review any future proposed concept plan to ensure public facilities are adequate.
g. Is the proposed use 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 City of Powder Springs has identified the Hopkins Road area for redevelopment (Powder Springs @ Hopkins Road) identified in the Comprehensive Plan. The city envisions multi-family, townhomes, single-family lots, office/flex space and commercial buildings along this corridor. The redevelopment plan also shows a potential future trail for this area located to the west of the subject site. The proposed trail will provide recreational activity for the proposed residential development. The site also abuts residential designated properties and is compatible with surrounding area. The proposed request is consistent with the City’s redevelopment plan (See redevelopment plan below).
h. Does the proposed use 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 request is consistent with the intent of the Comprehensive Plan and the Unified Development Code. The site will be served by the City of Powder Spring utilities. The site is also surrounded by residential activity. There are developments within close proximity providing a range of services that are typically supported by residential activity. Based on existing circumstances of the surrounding environment the proposed request should not be a public health and safety concern.
Private Roads:
The proposed residential subdivision is proposing private roads. Per Section 8-68 of the Unified Development Code (UDC), private streets shall only be permitted if approved by the Mayor and City Council. Table 8.1 of the UDC requires all streets in residential subdivisions serving 100 dwelling units to meet or exceed “minor collector” street standards. Table 8.1 requires minor collector roadway to have a minimum 60 foot right-of-way width, and a minimum 28 feet of required pavement width with 14 foot lanes. The site plan indicates a 60 foot right-of-way along the entrance road extending to Powder Springs Road. The interior roadway shows a right-of-way width of 50 feet which serves less than 100 units. The site plan right-of-way width provided meets the intent of the Unified Development Code and no further variance will be required.
Fiscal Impact:
There are currently existing services and infrastructure to support the proposed request. The proposed development will provide increased tax income for the City. The proposed request should not have any negative economic impact on the City of Powder Springs as infrastructure and services are already in place to serve the proposed request.
Cobb County School Board Comments:
The Cobb County Board of Education has concerns about this development. Senior residential developments generally have a negative impact on tax revenue for the Cobb County School District, unlike standard residential or commercial developments, where property taxes are not exempted. We, therefore, would like to express our concern to the Zoning Commission and City Council and ask that you take our concerns under consideration as you review this zoning application.
Staff Recommendation:
Staff recommends approval with the following conditions:
Conditions previously approved by the Mayor and Council
Underlined - staff added text
Strikeout - deleted from conditions
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 property which constitutes the subject matter of the above-captioned Application for Rezoning. The rezoning is from Single-Family Residential (R-20) and Medium Density Residential (MDR) to Planned Unit Development-R (PUD-R) on property located along Powder Springs Road consisting of approximately 32.56 acres.
2. The Subject Property shall be developed in substantial conformity to that certain revised site plan, prepared by Gaskins Engineering & Surveying, which was submitted under separate cover on March 20, 2019.
3. The construction of a maximum number of one-hundred four (118) non-supportive active adult, age-restricted residential homes at an overall maximum density of 3.62 units per acre.
4. The setback are as follows: Front: 25 feet from right-of-way, Side: minimum of 20 feet between buildings. Rear: N/A
5. The architectural style and composition of the homes shall consist of traditional architecture on all sides in substantial conformity to the architectural renderings/ elevations which were submitted via email on 1/7/2019. Variety in the neighborhood will be provided by the use of stone and different shades of brick in the area shown as brick on the rendering. All (1) side elevations and (2) rear elevations where visible from the right -of-way, will contain a brick or stone water table matching the front elevation. Garages will contain decorative hardware as shown on the elevation.
6. The creation of a mandatory Homeowners' Association ("HOA") and the submission of Declaration of Covenants, Conditions and Restrictions ("CCRs") during the Plan Review process, which shall include, among other components, strict architectural controls. The mandatory HOA shall be responsible for the maintenance and upkeep of fencing, landscaping, interior private streets, open space areas, sidewalks, community areas, stormwater detention and/or water quality ponds, lighting, the entrance to the Residential Community and any amenities. Paran Homes is agreeable to including within the CCRs a "trigger mechanism" which designates that a certain percentage (which will be determined between Paran Homes and the City during Plan Review) of the HOA fees will be solely and exclusively dedicated to interior infrastructure such as streets, sidewalks, amenities, stormwater management/ detention features and other such interior infrastructure components within the proposed RSL Community.
7. The HOA shall publish and adhere to policies and procedures which demonstrate that the proposed community is intended to provide housing for persons fifty-five (55) years of age and over, including maintaining surveys or affidavits verifying the fifty-five (55) years of age and older occupancy requirements as permitted by 42 U.S.C. § 3607, (b)(2)(c) of the Federal Fair Housing Act. The HOA shall also include Declarations and By-Laws including rules and regulations as mentioned here above which, at a minimum, shall regulate and control the following: a. A restriction on homes being occupied with at least eighty percent (80%) of the occupied units being occupied by at least one (1) resident who is fifty-five (55) years of age or older. b. No more than 10 percent of the total units may be leased by individual owners at any one time.
8. The submission of a landscape plan during the Plan Review process which shall be subject to review and approval by the Community Development Director. Additionally, the landscape plan shall include, but not necessarily be limited to, the following:
a. Landscaping and screening around the proposed detention and water quality areas with Cryptomeria, Arborvitae and/or other evergreen trees.
b. A twenty-five foot (25') landscape buffer around the perimeter of the Subject Property.
c. Compliance with landscape section renderings/elevations which will be submitted under separate cover during the Plan Review process.
d. The landscape plan, which shall be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed Horticulturist and shall identify open space areas; landscaped common areas; and other components of the proposed Residential Community which will be further identified during the Plan Review process.
e. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.
f. All HVAC, mechanical systems and home utilities within the community shall be screened by way of fencing and/or landscaping.
g. Entry signage for the proposed Residential Community shall be ground-based, monument-style, landscaped, lighted and irrigated.
h. The installation of landscaped front, side and rear yards.
i. 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 Residential 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. 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. Verifying all points of discharge with respect to detention/water quality.
c. Compliance with the protections required under State and Local Law concerning adjacent and on-site streambank buffers.
d. Impervious surface calculations shall not exceed 50% of the total site area pursuant to and in accordance with UDC requirements and as shown on the revised site plan.
e. Compliance with UDC requirements regarding Low Impact Design.
11. Compliance with the recommendations from the City's Engineer and/or Consultant with respect to Public Works and traffic/transportation issues, as follows:
a. Restricting the proposed Subdivision's sole point of ingress/egress to "right-out only" while allowing ingress turning movements to be both "right-in" and "left-in".
b. Streets to be constructed shall be private; however, said streets shall be built to the City of Powder Springs' Design Detail Standards, including the construction of sidewalks on both sides of the interior streets.
c. The interior streets shall be designed to provide appropriate access and maneuverability for public safety services and vehicles.
d. Compliance with the Fire Marshall's recommendations with respect to Life Safety & Fire Prevention Issues during the Plan Review process.
e. The installation of a deceleration lane and taper as shown on the revised site plan.
f. The Residential Community will be gated subject to UDC requirements for gated communities.
g. Sidewalk shall be built to the City of Powder Springs’ Design Detail Standards for the extent of the project along Powder Springs Road.
12. Common Open Space areas, amenities, mail kiosks, and all of the various components for common and public use as described above shall be constructed in substantial compliance with ADA regulations with respect to accessibility. The development shall contain an amenity area which shall include, at a minimum, a clubhouse. The development of the amenity area shall include input from Paran Homes' prospective purchasers and said amenity area shall be completed, as evidenced by the issuance of a Certificate of Occupancy on or by March 1, 2021 unless an extension of said time frame is granted by the Community Development Director and/or the Mayor and City Council.
13. 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.