powered by Legistar InSite
File #: PZ 24-021    Version: 1
Type: Variance Status: Public Hearing
File created: 6/10/2024 In control: City Council
On agenda: 10/21/2024 Final action:
Title: Floodplain Variance for a 18.22-acre tract, to rezone from R-30 to PUD-R. The property is located at 5535 + 5551 Powder Springs Dallas Road within land lots 734, 735, 746 of the 19th district, 2nd section, Cobb County Georgia. PIN: 19073400030, 19074600050.
Code sections: Article 10 - Floodplain Management
Attachments: 1. PZ24-021. Motion to APPROVE. 10212024, 2. 2024.09.09 - Zoning Plan with Fence, 3. 2024.08.07 - SF and TH mix w Decel, 4. 2024.08.22 - Zoning Plan w highlighted variances, 5. State Waters Findings Report, 6. 2024.06.01 - Floodplain Variance Request - Both Parcels Redacted, 7. Barrom signed flood plain variance doc 5551 PS Dallas Redacted, 8. BLOSSER_BRADSHAWn Flood plain variance doc 5535 PS Dallas Redacted, 9. Signed PZ 24-021 Motion to Table to 09-16-24, 10. 2024.07.29 - SF and TH Mix Concept Status, 11. PZ 24-021 Tabled to Oct 21, 12. Approved PZ 24-021

PZ 24-021

APPLICANT:  Blue River Development LLC

FLOODPLAIN VARIANCE: The variance is to allow a road to cross the flood plain, cross the flood-way, and fill along the edge of the flood plain fringe where there is minimal impact.

REZONING REQUEST: Rezone from R-30 to PUD-R.

LOCATION:  5535 + 5551 Powder Springs Dallas Road.

ZONING:  R-30 Cobb   ACRES: 18.22 ac.     PINs: 19073400030, 19074600050.

 

Staff Recommendation:  APPROVAL.                     Planning and Zoning:  APPROVAL.

 

BACKGROUND: The proposed site contains two parcels each developed with a detached single-family home. The site is encumbered by floodplain and stream buffer impact, a is incumbered floodplain and stream buffers. The applicant is seeking a floodplain variance for development activity related to site grading and earthworks -there are no units being proposed within the floodplain nor stream buffers. The applicant also requests a stream buffer variance related to temporary access for construction activities.

The applicant initially proposed a subdivision of detached units; however, the plan has been improved through several rounds of staff + TSW review and applicant modification. The current version includes a mix of attached and detached single family units (26 single-family + 24 townhomes) with two amenities and heavily landscaped bioretention ponds and a walking trail alongside the larger bioretention basin.  This plan accommodates the comments received from TSW, the planning and zoning commission and staff, to include rear loaded units, alleys, and bioretention.  The townhome units are all rear loaded, 4 of which are drive under basement.

 

A similar residential development was approved in the immediate area in March 2022. The rezoning from LI to PUD-R (PZ21-049) was approved for the Alder Springs development, which is currently under construction and features a total of 64 attached and detached units, as well as a direct connection the Silver Comet Trail.

 

Request Summary

•                     Rezoning: The applicant requests to rezone the property from R-30 to PUD-R.

•                     Floodplain Variance: The variance is to allow a road to cross the flood plain, cross the flood-way, and fill along the edge of the flood plain fringe where there is minimal impact.

•                     They’re proposing a subdivision of 50 units (26 single-family + 24 townhomes).

•                     Density of 7.01 units/acre.

Existing Conditions

•                     The properties contain single family homes and is otherwise mostly undeveloped due to floodplain and stream buffers bisecting the site.

•                     Residential uses prevail in the area along Powder Springs Dallas Road, except for a small light industrial warehouse on the opposite side of PS Dallas Rd.

•                     Currently zoned R-30. Detached single-family residential prevails in the city and adjacent unincorporated Cobb County.

•                     Traffic: The development is expected to generate negligible additional traffic. A traffic impact study was submitted per the requirement that it be conducted to assess the traffic impact. The traffic impact is minimal, which is expected for the size of this residential development.

•                     Public Services: The development will require additional city public services such as police and refuse collection. The applicant’s development plans are expected to demonstrate that planned and existing infrastructure (ex. roads, stormwater, streetlighting, signage, etc.) will adequately serve the development. These will be reviewed and approved during the permitting process.

•                     Environmental: The developments’ environmental and stormwater impact and mitigation measure will be reviewed at the time of Land Disturbance Permitting.

 

 

 

 

 

 

Figure 1. Surrounding Area - Zoning Districts.

 

 

Figure 2. Aerial Map. Crosshatch denotes floodplain.

 

Figure 3. Site Plan

Figure 4. Variances called out in highlighted areas.

 

 

 

 

 

 

 

 

 

Figure 5. Proposed front elevations of single-family units

 

 

Figure 6. Proposed side and rear elevations.

 

FLOODPLAIN VARIANCE ANALYSIS: 

The application was reviewed against the following criteria: 

 1.                     Good and sufficient cause for the relief sought exists.

The property is bisected by a stream and flood plain that occupy 4.3 acres of the site, blocking access to public right of way.

2.                     Failure to grant the variance would result in exceptional hardship.

 To construct the development as zoned, this variance must be obtained. The property cannot be developed without a flood plain variance.

 3.                     The variance is the least deviation from the standards of this article necessary to accomplish the objectives of the applicant and/or the minimum necessary to afford relief.

The variance is to allow a road to cross the flood plain, cross the flood-way, and fill along the edge of the flood plain fringe where there is minimal impact.  Floodplain storage compensation will be provided in conjunction with a No Rise analysis.

  4.                     Granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or creation of a nuisance. 

 A Flood Plain No Rise analysis will be performed demonstrating no rise in flood plain or flood way elevations outside of property controlled by the applicant.

Approval is contingent upon meeting this criterion.

 5.                     No variance shall be issued within any designated floodway that would cause any increase in flood levels during the base flood discharge.                     

 A Flood Plain No Rise analysis will be performed demonstrating no rise in flood plain or flood way elevations outside of property controlled by the applicant.

Approval is contingent upon meeting this criterion.

 

 

 

 

STAFF RECOMMENDATION: APPROVAL, with the following Conditions:

1.                                          The applicant shall demonstrate no net fill in the floodplain, no rise, and shall not encroach into the floodway. 

 

 

 

 

 

 

APPENDIX I. Cobb County Department Comments.