File #: PZ 21-015
APPLICATION: Variance APPLICANT: Selig Enterprises Inc./Garvis Sams
PETITION:
To vary Tables 2-4 and 2-5 (Distribution of Residential and Office/Commercial Portions of a Mixed-Use Development) to increase the density from 12 du/ac to 15 du units per acre and decrease minimum residential unit size from 2000 sf to an average of 962 sf, within Land Lots 1025,1026, 1027, 1027, 1047, 19th District, 2nd Section, and Cobb County, Georgia.
PURPOSE OF THE REQUEST: To allow a mixed-use development consisting of the following:
• Residential Phase 1 - 10 residential buildings; 3 stories, ¾ split - 300 units
• Residential Phase 2 - 2 residential buildings; stories - 48 units
• Future commercial development
• existing strip mall.
LOCATION: 4493,4391, 4327 Brownsville Road; 0 Oglesby Road
Acre: 22.3 acres Units: 348 Density: 15.61 units/acre
PARCEL #: 19102600080, 19102600010, 19101600070, 19104700310 
Location Map and Site Plan
Background
The subject site is currently located at the intersection of Oglesby Road and Brownsville Road. The developer is proposing to develop 22.3 acres to include a mixed-use development consisting of residential and commercial use. The development will include 348 units within apartment building; future commercial development and an existing retail strip mall. The subject site is currently zoned CRC, which the applicant has submitted concurrently to rezone to mixed use. The site falls within the Community Activity Center of the Character Areas Map and has a Future Land Use designation of Mixed Use. Table 2-5 of the UDC only allows a maximum of 12 du/ac within the CAC designation. The applicant is requesting to vary such requirement to allow 15 dwelling units per acre.
Surrounding Land Use:
The site is adjacent to a mixture of residential and commercial uses. The diagram below depicts lots adjacent to the subject site. North of the subject site is zoned CRC which includes a church and strip mall. East of the site is adjacent to the Villas of Seven Springs West Condos which is zoned MDR. South of the subject site is single family residences within the R-20 zoning district, and a commercial operation at the intersection of Oglesby Road and Brownville Road within the CRC zoning district. West of the subject site is predominantly CRC with the exception of one parcel that is designated as R-30. West of the subject site is currently developed with a Kroger supermarket, gas station, Zaxby’s, retail strip mall and a few single family homes and an auto parts store.
Zoning and Surrounding Uses
Analysis:
In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and has determined that one or more of the conditions required by Section 14-24 for issuing a variance exist as follows:
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;
This property is limited by its size and shape and is encountered by its proximity to the Linked Up Church. The subject site is surrounded by various zoning districts (CRC, MDR and R-21). There are developed residential zoning located to the east and intensive commercial located to the west of the subject site.
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;
Other property owners have been able to develop their properties in economically feasible situations. Without the granting of the variance, the applicant will not be able to develop the property.
Additionally, the MXU zoning districts is intended for development of mixed uses and allow the opportunity for an integrated mixture of residential and commercial uses within the sub area of the City of Powder Springs.
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 will not confer any special privileges. Though a variance is being requested the applicant is ensuring there will be minimal impact to the natural environment and adjacent homeowners.
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;
The property is naturally buffered by a wetland area and is located in a commercial area. This development will revitalize an existing shopping center in need of renovation. It will also add density to help support the adjacent commercial areas.
5. The special circumstances are not the result of the actions of the applicant.
The applicant has not done anything to create the conditions of the configuration of the site that is constrained by existing developments and wetlands.
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; and/or
The applicant has endeavored to create a mixed-use project that will compliment this sub-area of the City of Powder Springs.
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.
Residential uses are permitted in the MXU district.
Fiscal Impact:
The proposed request should not have any negative economic impact on the City of Powder Springs resources.
Staff recommend approval of PZ 21-015 with the following conditions:
1. Approval to vary Table 2-5(Distribution of Residential and Office/Commercial Portions of a Mixed-Use Development) of the Unified Development Code to increase the density from 12 dwelling units per acre to 15 dwelling units per acre.
2. Approval to vary Table 2-4 to allow an average residential unit size of 962 sf.