STAFF REPORT
CASE NUMBER: PZ 21-038. Variance request to vary Section 8-64 of the UDC
APPLICANT: TWIGS Farmers Market, LLC. Owner: Bo Wisdom. Represented by Battle Law P.C.
PETITION: Variance Application to vary Section 8-64 of the UDC: Dedication of Right-of-Way for Existing Substandard Streets. To allow the development of the proposed TWIGS Farmers Market Grocery Store.
LOCATION: 3815 Hopkins Road within land lot 869 of the 19th District, 2nd Section, and Cobb County, Georgia.
ZONING: NRC (Cobb County) ACRES: 1.17 PIN: 19086900020.
STAFF RECCOMMENDATION: Denial.
BACKGROUND: The applicant proposes developing this site for the TWIGS Farmer’s Market, a wellness-based grocery store concept. Hopkins Road is classified as a major collector and requires and 80’ right-of-way (R/W). The existing right-of-way on Hopkins is 50’. The applicant is required to dedicate half of the right-of-way needed to be code compliant. In this case that is 15’. The applicant is requesting a 10’ reduction in the right-of-way dedication requirement. Sec 8 - 64 provides that “developments that adjoin an existing street that does not meet the right-of-way width required by this development code for said street as classified, shall dedicate up to one-half of the right-of-way needed to meet the minimum right-of-way width required for the street along the entire property frontage.”
Figure 1. Proposed Site Plan. Full version in attached to agenda.
SURROUNDING AREA:
3815 Hopkins Road is located withing Cobb County’s jurisdiction and forms an unincorporated island within the city limits of Powder Springs. The site is zoned NRC in the County. The subject site is located at the intersection of Hopkins and Powder Springs Road. The immediate area has three separate residential developments currently underway. Smith Douglas Homes will develop 34 townhomes (Preston East) adjacent to the subject site. This development stretches to the west side Hopkins Road where an additional 35 single family homes and 31 townhomes (Preston West) are slated for development.
The parcel adjacent to the north is zoned residential in the count, and to the north and east is under development for house 34 townhomes, and is zoned PUD-R. To the south across Powder Springs Road, and to the west across Hopkins Road are CRC zoned districts. PUD-R prevails to the southwest across Powder Springs road and is the development site for 33 townhomes and 77 single-family units (Tapp Farm).
A short distance west on Powder Springs Road is the third residential development in the area. That site is zoned PUD-R where construction is underway for a 118-unit quadruplex (Creekwood) for senior living.
ANALYSIS:
The application was reviewed against the following criteria:
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 no extraordinary conditions or difficulties that wouldn’t affect other lands in the district. The site plan provided show the required parking and facilities to accommodate a 9332 sf grocery store. If the variance is not granted, the applicant will be required to reduce the size of the structure or seek parking lot variances from Cobb County.
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.
Applying the code here would not deprive the applicant of rights enjoyed by others.
The adjacent development of 34 townhomes will have its main entrance immediately north of the proposed TWIGS Farmers Market. The site plans shows that development complying with the 80’ R/W requirement. Granting the variance requested for the proposed use at 3815 Hopkins would cause inconsistent right-of-way minimums along the same section of the major collector. This will also be the case for the entrance to Preston West on the opposite side of Hopkins Road.
Figure 2. Entrance to Preston West. 40' R/W. Figure 3. Entrance to Preston East. Subject site yellow.
In appendix.
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 requested would confer privileges denied to others. As illustrated in staff’s response to criteria number 2, the adjacent development to the north will maintain the code compliant right-of-way for a major collector street of 80’.
With access on both sides of Hopkins Road, the residential development will cause considerable growth in the district. The city would require that right-of-way in the case that roadway / intersection improvements are necessary in the future.
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.
Granting this variance would result in inconsistent right-of-way minimums for adjacent developments along the same section of Hopkins Road.
The various right-of-way widths can be shown in the image below. Thirty-five feet from centerline would place the right-of-way at the edge of the parking lot. If this option is granted, then the city may allow landscaping to be installed in the city right-of-way. However, this would result in a landscape buffer being removed should the city need to widen the roadway. The intention of the code is to ensure the City has adequate right-of-way to meet the demands of the road classification.
5. The special circumstances are not the result of the actions of the applicant.
The applicant wishes to develop the site to specifications that require the requested variance. These special circumstances are a result of the site plan - the site plan submitted requires the variance to provide for space to develop the parking lot for the proposed Grocery Store. The applicant could have included property north of the site as part of the commercial rezoning application and shifted parking to that property. Alternatively, the applicant could have requested variances to parking or landscaping requirements from Cobb County.
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.
The requested variance is the minimum that will allow the proposed development. The reduction of the right-of-way is to allow for the parking lot and main supply sprinkler lines. The applicant does wish to maintain the landscaping strip that falls within the right-of-way.
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.
This variance would not allow for a use of land not permitted in the NRC (Cobb County) zoning district.
STAFF RECOMMENDATION: DENIAL
If approval is recommended, staff proposes the following conditions:
1. Right of way dedication from center line of Hopkins Road shall be reduced from 40 feet to 35 feet.
2. The applicant shall be responsible for landscaping in the right-of-way.
3. The applicant shall provide an utility easement in the parking lot of 5 feet from the edge of the 35’ right-of-way line.