File #: PZ 20-012
APPLICATION: Rezoning APPLICANT: Adriane Larson
Staff Recommendation: Approval
Planning and Zoning Recommendation, April 27, 2020: Approval, Vote 7:0
Mayor and Council Decision: Pending
PETITION: To consider a rezoning from Office Institutional (O-I) to Residential (R-15) to allow a single-family residential development within Land Lots 903, 19th District, 2nd Section, and Cobb County, Georgia
PURPOSE OF THE REQUEST: To construct 4 single-family units
LOCATION: 4385 Walton Street (1.9 acres) Density: 2.1 du/acre
PARCEL #: 19090300260
Background:
The subject property is located at 4385 Walton Street which consist of approximately 1.9 acres. Currently the subject site has a split zoning designation, approximately 1.66 acres falls within the R-15 residential zoning designation and the remaining 0.24 acres falls within the Office-Institutional (O-I) zoning district. The applicant is requesting to rezoning 0.3 acres to R-15 to accommodate a single-family subdivision. The subdivision will provide 4 single-family units with a calculated density of 2.1 dwelling units per acre, and minimum lot size of 15,000 square feet.
Surrounding Land Use:
The subject site is surrounded by predominantly residential zoning districts (R-15), consisting of single-family residences. The surrounding lot sizes of the existing single-family residences ranges from a minimum 11,000 square feet to 43,560 square feet. There is also a creek located to the south east portion of the site as indicated on the site plan provided.
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?
The current zoning of the subject site is Office Institutional (O-I), which is not consistent with Comprehensive Plan Future Land Use Map identified below. The comprehensive plan identifies this area for low density residential activity. Rezoning from O-I to R-15 and constructing single-family residences will allow for consistency with surrounding land use and will allow for consistency with the comprehensive plan.
b. Is the proposed use consistent with the stated purpose of the zoning district that is being requested?
The R-15 zoning district is intended to implement the suburban residential future development areas established by the Comprehensive Plan. The R-15 zoning district is intended to implement the “low density residential” future land use categories established by the comprehensive plan. In addition, the Unified Development Code (UDC) requires a minimum lot size of 15,000 square feet, maximum density of 2.1 dwelling units per acre; front setback of 35 feet; rear setback of 30 feet and side setback of 10 feet. Based on the site plan submitted the proposed development meets the listed criteria outlined in Table 2-2 (Dimensional Requirements for Residential Zoning District) of the Unified Development Code (UDC). The proposed request to rezone from O-I to R-15 meets the intent of the R-15 zoning district.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The subject site is surrounded by predominantly residential zoning districts (R-15) consisting of single-family residences with lot sizes ranging from 11,000 square feet to 43,560 square feet. Based on the site plan provided the request is proposing a minimum lot size of 15,453 square feet, and a maximum lot size of 18,300 square feet. The proposed developments lot sizes fits within the range that currently exists for adjacent properties. The proposed development is consistent with adjacent and nearby properties as lots sizes are similar to what is existing.
d. Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?
The proposed request is not intended to adversely affect neighboring properties as the use that is being proposed is not a more intense use. The only adverse anticipated impacts will occur mostly during the construction phase. However, building only four (4) units is not anticipated to be a long construction process.
e. Are their substantial reasons why the property cannot or should not be used as currently zoned?
The subject site has a split land use designation with only a small portion designated for commercial use. This is the only property that is zoned O-I as there are no adjacent O-I designated properties. The existing configuration resembles spot zoning, which the City does not encourage. The existing O-I designated portion is not suited for commercial/office use as it’s incompatible with surrounding residential uses and does not contain enough area to support required parking. Rezoning to R-15 allows for consistency and compatibility with adjacent uses.
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?
The proposed development will be served by Powder Springs Elementary, Cooper Middle School and McEachern High School. The proposed development is not anticipated to generate significant amount of new students, therefore school capacity shall not be impacted. According to Cobb Water System there are no water mains on Walton Street; there is a 2’’ water main on Marchman Street. The developer will be responsible for bringing a 6’’ (minimum) water main to the site. Waste water treatment plant is available at South Cobb Water Facility. The Police department is within two (2) miles of the subject. The Fire Department is approximately 1.2 miles away. Both services are within close proximity and services does not appear to be insufficient at this time.
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 proposed use is reflected in the Comprehensive Plan Future Land Use Map. The Future Land Use map classifies this area as low density residenital. The proposed density of 2.1 dwelling units per acre is consistenet with the maximum density that is permitted in the R-15 zoning district.
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 Cobb County utilities. The site is also surrounded by residential activity. Based on existing circumstances of the surrounding environment the proposed request should not be a public health and safety concern.
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 or in close proximity to serve the proposed request.
Staff Recommendation:
Staff recommends approval of PZ 20-012 with the following conditions:
Conditions provide by the applicant
Underlined - staff added text
Strikeout - deleted from 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 conceptually to that certain revised site plan dated 4/15/2020, prepared by Foothills Land Surveying LLC. Development of the site must be consistent with the Unified Development Code requirements.
3. The construction of no more than four (4) single-family dwelling units with a density no greater than 2.1. The minimum lot size is 15,000 square feet.
4. The setback for each lot must be consistent with the R-15 zoning district.
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 being submitted concurrently herewith. The building façade should comprise of more than 50% brick. The remaining 50% may consist of stacked stone, cedar shake, Hardipanels and/or Hardiplank consistent with the Standards of Article 5 of the UDC.
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, open space areas, sidewalks, community areas, stormwater detention and/or water quality ponds, lighting, the entrance to the Residential Community and any amenities.
7. 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. All HVAC, mechanical systems and home utilities within the community shall be screened by way of fencing and/or landscaping.
c. Entry signage for the proposed Residential Community shall be ground-based, monument-style, landscaped, lighted and irrigated.
8. 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.
9. 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. All of the following must be met.
a. Verifying all points of discharge with respect to detention/water quality.
b. Compliance with the protections required under State and Local Law concerning adjacent streambank buffers.
10. Compliance with the recommendations from the City’s Engineer and/or Consultant with respect to Public Works and traffic/transportation issues, as follows:
a. The interior streets shall be designed to provide appropriate access and maneuverability for public safety services and vehicles.
b. Compliance with the Fire Marshall’s recommendations with respect to Life Safety & Fire Prevention Issues during the Plan Review process.
c. Any curb, drainage or sidewalk damaged during construction shall be replaced.
11. 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.
Exhibit 1
SITE PLAN
Exhibit 2
Sample Architecture