City of Powder Springs - File #: PZ 24-020

• File #: PZ 24-020
• Version: 1
• Type: Rezoning
• Status: Passed
• File created: 6/10/2024
• In control: City Council
• On agenda: 10/21/2024
• Final action: 10/21/2024
• Title: Rezoning Request 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.
• Indexes: MIT FY 24 - Managed Growth

Date	Ver.	Action By	Action	Result
10/21/2024	1	City Council	approved	Pass
9/16/2024	1	City Council	tabled	Pass
8/26/2024	1	Planning & Zoning Commission
8/8/2024	1	Planning & Zoning Commission
7/29/2024	1	Planning & Zoning Commission
7/15/2024	1	City Council	tabled	Pass
7/11/2024	1	Planning & Zoning Commission
6/24/2024	1	Planning & Zoning Commission
6/13/2024	1	Planning & Zoning Commission

PZ 24-020 + PZ 24-021

APPLICANT:  Blue River Development LLC

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

FLOODPLAIN VARIANCE: 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.

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: 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 and propose mitigation measures.

•                     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.

Requested Variances

1.                     Temporary Stream Buffer Variance to the 50’ undisturbed buffer and the 75’ impervious setback for a temporary construction access road to the flood plain compensation area. 

2.                     Variance to the 50’ undisturbed buffer to allow construction of the floodplain compensation area.

3.                     Variance to allow perimeter buffer encroachment for access roadway section and stormwater management facility section.

Figure 1. Surrounding Area - Zoning Districts.

Figure 2. Aerial Map. Crosshatch denotes floodplain.

Figure 3. Site Plan

Figure 4. Variances called out in highlighted / annotated  areas.

Figure 5. Proposed front elevations of single-family units

Figure 6. Proposed side and rear elevations.

REZONING REQUEST ANALYSIS:

The application was 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.

The rezoning to PUD-R is compatible with the purpose and intent of the Powder Springs Comprehensive Plan.  The future land use designation is Suburban Residential Neighborhood, with PUD-R listed as an appropriate zoning district. The appropriate uses limit it to detached single family residential. This proposal is for a mix of detached and attached units. The townhomes were added to provide alley loaded rear entry units and improved site design, which satisfied a recommendation from TSW and staff.

This site is encumbered by floodplain and stream buffers and the PUD-R district encourages ingenuity in site design. The rezoning of PUD-R would allow for the development of residential units, on a site that is otherwise severely encumbered by floodplain and stream buffers; which advances the goal of the comprehensive plan related to developing quality housing units.

Applicant’s Response: The future land use designates this area as low density residential with Light Industrial across Powder Springs Dallas Road. R-15 zoned property adjoins this property to the east and is adjoined by Cobb County zoned property to the west. Property to the north remains R-30.

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.

The proposed zoning district and uses permitted within the PUD-R district are suitable in view of the zoning and development of the nearby properties including. Detached single family residential prevails on all sides of the proposed site, though at lower densities than proposed for this development.

Applicant’s Response: Given the PUD-R in the nearby vicinity of this property, R-15 to the east, a rail road to the south and large flood plain bi-secting the property, the planned use is suitable.

c.                     Whether the existing use or usability of adjacent or nearby property will adversely affected by one or more uses permitted in the requested zoning district.

The existing use or usability of adjacent or nearby property will not be adversely affected by the applicant’s proposal.

Applicant’s Response: Property to the west have been developed into a higher density than R-30 (R-15). Property to the north and east remains as R-30. Given the buffering and large area of open space (6.5-acres */-) due to the flood plain on the parcel, nearby property should not be adversely affected, particularly since use will be residential.

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

The existing zoning is R-30, and the site is currently used as zoned.   The current zoning would restrict the number of units. The density proposed by the applicant is 7 u/a.

Applicant’s Response: Approximately 1/3 of the property is encumbered with buffered streams and flood plain. To obtain the highest use of the property within a residential use, allowing 30,000 sf lots on the remaining usable portion of the property would yieid less than 1/2 of the yield afforded by the requested zoning.

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.

Existing public infrastructure, public safety and public services can adequately serve the proposed zoning district and uses permitted.

Applicant’s Response: We have not accessed the effect of this development on schools, police or fire protection services. We understand this will be examined by the City as part of the rezoning process. Given the low unit count (50), this should not pose a burden. We have obtained letters of serviceability from Cobb Water.

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 proposed rezoning advances the goal of the comprehensive plan related to developing quality housing units. Ther are no conditions being considered that have not been anticipated.

Applicant’s Response: We are not aware of any new or changing conditions not anticipated by the comprehensive plan that would affect the existing properties.

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.

Detached single-family residential uses prevail in the area. A rezoning from LI to PUD-R (PZ21-049) was approved across the street at 5660 PS Dallas Road. The Alder Springs development is currently under construction and features attached and detached units, as well as a direct connection the Silver Comet Trail. The proposed zoning district is compatible with existing conditions, and that it will not have adverse impacts on general welfare.

Applicant’s Response: The proposed PUD-R zoning classification, together with the quality single-family residential community, is a more reasonable use of the Property, and provides a better overall promotion of public health, safety, morality and general welfare of area residents and neighborhoods.

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.

STREAM BUFFER VARIANCE ANALYSIS:

Sec. 8-24. Stream Buffer Variances. Upon application in accordance with article 14 of this development code, the governing body may vary the requirement of this section to maintain that portion of the requirement 50' buffer furthest from the stream bank, and the requirement to set back for impervious surfaces. Variances shall not be allowed by the city to that portion of the require stream buffer within 25' of the stream bank.

The following factors will be considered in determining whether to issue a variance:

1.                     The shape, size, topography, slope, soils, vegetation, and other physical characteristics of the property:

The property is bisected by a stream, creating challenges in accessing the rear developable area. The topography and stream configuration necessitate crossing the stream to utilize the rear portion. Soil stability and the existing vegetation will play key roles in evaluating the impact of the proposed intrusions.

2.                     The locations of all streams on the property, including along property boundaries:

The stream cuts directly through the middle of the property, effectively dividing it into two areas. The rear area has significant development potential, but the stream creates a natural barrier that complicates access. There are no other streams along the property boundaries.

3.                     The location and extent of the proposed buffer or setback intrusion:

The applicant is seeking:

A temporary variance for the 50’ undisturbed buffer and the 75’ impervious setback for construction access to a floodplain compensation area.

A variance to the 50’ undisturbed setback to allow the construction of the floodplain compensation area itself.

The proposed intrusions are mainly for temporary access and construction activities.

4.                     Whether alternative designs are possible that require less or no intrusion:

Since the stream bisects the site, it creates a natural barrier that complicates access to the rear area. The development potential of this site cannot be realized without the granting of a stream buffer variance.

5.                     The long-term and construction water-quality impacts of the proposed variance:

Temporary construction activities could lead to sedimentation and other water-quality impacts. Measures such as erosion control, silt fencing, and streambank stabilization will be assessed. For the long-term, the floodplain compensation area will be designed in a way that it does not negatively impact water quality or the function of the buffer.

6.                     Whether issuance of the variance is at least as protective of natural resources and the environment:

If designed properly with best management practices, the variance could be granted while still maintaining substantial protection of the stream and its surrounding ecosystem.

7.                     Whether the actions of the property owner have created conditions of hardship, in which case a variance should not be granted:

The need for the stream buffer variance is driven purely by the natural site conditions.

STAFF RECOMMENDATION: APPROVAL, with the following Conditions:

1.                     The 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.

2.                     The Subject Property shall be developed in substantial conformity to that certain conceptual site plan, dated 08/07/2024, prepared by Gaskins and Lecraw for Blue Ridge Development, and inclusive of City Staff and TSW recommendations.

3.                     Elevations for the residential units shall be in substantial conformity to those submitted and attached to the application. Elevations shall be subject to administrative design review by staff and inclusive of TSW’s recommendations and shall comply with the City’s Design Guidelines.

4.                     The applicant shall develop a maximum of 50 residential units (26 single-family + 24 townhomes).

5.                     All stormwater management facilities shall be designed using bioretention methods to promote natural filtration, water quality improvement, and runoff reduction. The bioretention areas shall be landscaped to enhance the site’s aesthetic appeal, incorporating plants, shrubs, and ornamental grasses suitable for bioretention. The landscaping design shall integrate seamlessly with surrounding amenities and be maintained as an attractive, functional feature of the property.

6.                     All areas located in the floodplain and undisturbed stream buffer shall be placed in a conservation easement.

7.                     PUD-R Variance Approvals. The following variances are approved as a part of the rezoning request:

I.                     Temporary Stream Buffer Variance to the 50’ undisturbed buffer and the 75’ impervious setback for a temporary construction access road to the flood plain compensation area. 

II.                     Variance to the 50’ undisturbed setback to allow construction of the floodplain compensation area.

III.                     Variance to allow perimeter buffer encroachment for access roadway section and stormwater management facility section.

8.                     The setback are as follows:

Front:  35 feet from right-of-way.

Side: 10 feet.

Rear: 25 feet.

Perimeter: 35 feet.

9.                     All elevations visible from any right-of-way shall have a minimum of 50% brick. All side and rear elevations NOT visible from the right-of-way shall have a minimum of brick or stone water table.

10.                     The mail kiosk shall be covered and developed in substantial conformity to the architectural style of the homes.

11.                     Electric Vehicle (EV) Charging. Residential garages shall be pre-wired with the minimum standards or better for level 2 EV charging capability with NEMA 14-50 receptacle, or better.

12.                     The subject property shall be submitted for subdivision within 12 months of City Council’s approval, and prior to the issuance of the Land Disturbance Permit.

13.                     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 bioretention stormwater management facilities; open space areas; landscaped common 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.

e.                     Entry signage for the proposed Residential Community shall be ground-based, 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.

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 three. Clearing shall be conducted in phases in compliance with the provisions of the UDC.

14.                     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 in order to ensure ease of maneuverability and accessibility.

15.                     Except where rear entry units are proposed, driveways shall be a minimum of 22-feet in length from the garage to the back of the sidewalk. Covenants for management company must include language that states that vehicles shall not be parked in a manner that will encroach in the sidewalk.

16.                     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. 

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”.

17.                     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.

18.                     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 compliance with ADA regulations with respect to accessibility and related factors.

19.                     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.

20.                     Traffic impacts will be reviewed as part of the Land Disturbance Permit process. Applicant agrees to offsite improvements necessitated by this development.

21.                     No more than 50% of certificates of occupancy will be issued prior to the completion of amenity features, inclusive of installation of communal furniture in the open space and common areas; as evidenced by certificates of completion.

22.                     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.

APPENDIX I. Cobb County Department Comments.