Staff Report
File #: PZ 20-010
APPLICATION: Rezoning/Annexation to PUD-R
APPLICANT: Kerley Family Home, LLC
PETITION:
To consider an annexation and rezoning from Residential (R-20, Cobb County) to Planned Unit Development -Residential (PUD-R, City of Powder Springs) to allow a single-family residential development within Land Lots 680 and 727, 19th District, 2nd Section, and Cobb County, Georgia.
Variance requested
1. Reduce the minimum lot size for PUD’s from 8,400 square feet to 6,400 square feet
2. Reducing the requirement of 50% brick on all three sides
PURPOSE OF THE REQUEST: To allow for 73 single-family units
LOCATION: 3111/3121/3131 Old Lost Mountain Road, 4434 Macedonia Road
PARCEL #: 19068000070, 19068000060, 19068000050, 19072700100
Planning and Zoning Commission Recommended Approval: Vote 6:1 (May 26, 2020)
UPDATED SITE PLAN 5/28/20
Background
The subject site is currently located in Cobb County jurisdiction that is zoned Residential-20 (R-20) and is within an area identified as Low Density Residential (LDR) According to Cobb County Future Land Use Map. The developer is proposing to develop site as a single-family residential development consisting of 73 single-family units. For this development to occur the applicant has requested an annexation into the City and rezoning from R-20 (Cobb County) to Planned Unit Development - Residential (PUD-R). In support of the annexation Cobb County has provided a formal notice dated March 9, 2020 of non-objection to annex properties within the City limits (See Exhibit 1).
Surrounding Land Use:
The site is adjacent to predominantly residential activity. East of the subject site falls within the City of Powder Springs jurisdiction with a zoning designation of Medium Density Residential (MDR) and Residential-20 (R20). Parcels are developed with single-family residences ranging from 7,840 square feet (.18 acres) to 21,780 square feet. West of the subject site falls within Cobb County Jurisdiction within the R-20 zoning designation. These lot sizes ranges from 43,560 square feet (1 acres) to 217 800 square feet (5 acres). North of the subject site are also single-family residences. South of the subject site falls within the Cobb County Jurisdiction with an R-20 zoning category that is developed with single-family residences with lot sizes ranging from 21,780 square feet (.5 acres) to 130,680 square feet (3 acres).
Analysis:
The application should be reviewed against the following standards:
(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, in accordance with Table 13-1:
The subject site is currently located in Cobb County jurisdiction and is not incorporated in our Future Land Use map. However, the surrounding areas within the City Jurisdiction adjacent to the subject site indicates an area designated for residential use. The Future Land Use map indicates Low Density Residential for adjacent properties (See map below). The Comprehensive Plan describes low density residential as “primarily composed of single-family detached dwellings on lots of a minimum lot size of 14,374 square feet (1/3 acres). Though the proposed development is requesting smaller lot sizes the proposed layout of the site will provide a smoother transition between larger and smaller lot sizes. The PUD-R zoning designation requires a 25 foot landscape buffer around the perimeter of the site which will provide an aesthetical pleasing environment. There is also an age restricted single-family residential development located less than ½ mile north of the subject site with similar lot sizes as the proposed development. The proposed development is consistent with the comprehensive plan as the comprehensive plan seeks to provide housing for all income levels. The comprehensive plan states “No single type of housing can serve the varied needs of today’s diverse households. Smart growth represents an opportunity for local communities to increase housing choice not only by modifying land-use patterns on newly developed land, but also by increasing housing supply in existing neighborhoods and on land served by existing infrastructure. Integrating single- and multi-family structures in new housing developments can support a more diverse population and allow more equitable distribution of households of all income levels.” The proposed request meets the intent of the Comprehensive Plan as the proposed development will be located in an area with adequate public infrastructure to support such development.”
(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 PUD-R zoning classification, and the proposed development of a single-family residential community, are compatible with current City of Powder Springs and Cobb County zoning district and surrounding residential land uses.
(c) Whether the existing use or usability of adjacent or nearby property will be adversely
affected by one or more uses permitted in the requested zoning district;
Adjacent and surrounding properties are utilized for single-family residential developments. Therefore, the approval of the proposed PUD-R zoning classification and development to a single-family residential community will have no significant impact to adjacent or nearby properties.
(d) Whether there are substantial reasons why the property cannot or should not be used as currently zoned;
The proposed PUD-R zoning classification with the City of Powder Springs will allow for greater density than is currently zoned in Cobb County.
(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;
Cobb County School district has indicated that the proposed development will generate approximately 51 students. The development will be served by the Varner Elementary School, Tapp Middle School and McEathern High School. The table below indicates that only McEachern High School is over capacity.
Cobb County Water Systems has indicated there is available wastewater capacity for the proposed project at the South Cobb WRF. Water is also available on Old Lost Mountain Road and Macedonia Road. Cobb County has indicated that a secondary water feed will be required.
Based on the institute of Engineers Trip Generation Manual, 10 edition 0.99 trips per unit will be generated during PM peak hours. Therefore, approximately 73 trips will be generated. The proposed development currently has two (2) ingress and egress in and out of the subdivision. Therefore trips generated will be distributed between Old Lost Mountain and Macedonia Avenue.
(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; and
The proposed PUD-R zoning and development to a single-family residential community is supported by the need and demand for quality housing with the City of Powder Springs, together with the opportunity for growth by the City.
(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.
The development of the subject property pursuant to the PUD-R zoning classification allows for quality development in a transitional area between Cobb County and the City of Powder Springs, and presents no threat to the general public health, safety, morality, or general welfare and allows for quality and controlled development of the property.
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.
Recommendation:
Staff recommends approval with the following conditions:
Underlined - staff added text
Strikeout - deleted from conditions
1. The revised 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. The rezoning is from Single-Family Residential (R-20, Cobb County) to Planned Unit Development-R (PUD-R) on property located along Old Lost Mountain Road and Macedonia Avenue consisting of approximately 24.25 acres.
2. The Subject Property shall be developed in substantial conformity to that certain revised site plan, prepared by Ridge Planning and Engineering for Kerley Family Homes dated 5/28/2020.
3. The construction of a maximum number of seventy three (73) single-family residential homes at an overall maximum density of 3.0 dwelling units per acre.
4. The setback are as follows:
a. Front: 20 feet from right-of-way,
b. Side: 5 feet
c. Rear: 20 feet
d. Between buildings: minimum of 10 feet
5. Reduction in lot size from 8,400 square feet to a minimum of 6,400 square feet.
6. The architectural style and composition of the homes shall consist of traditional architecture on all sides Variety in the neighborhood will be provided by the use of stone and different shades of brick in the area shown as brick on the rendering. All side elevation visible from the right-of-way will contain brick or stone no less than 50% where exposed to the right-of-way. All elevation will contain no less than 50% brick on the front façade. Added after PZ hearing - For all interior units a brick water table will be provided on both sides of a dwelling unit.
7. 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.
8. 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. A twenty-five foot (25') landscape buffer around the perimeter of the Subject Property.
c. Compliance with landscape section renderings/elevations which will be submitted under separate cover during the Plan Review process.
d. The landscape plan, which shall be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed Horticulturist and shall identify open space areas; landscaped common areas; and other components of the proposed Residential Community which will be further identified during the Plan Review process.
e. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.
f. All HVAC, mechanical systems and home utilities within the community shall be screened by way of fencing and/or landscaping.
g. Entry signage for the proposed Residential Community shall be ground-based, monument-style, landscaped, lighted and irrigated.
h. The installation of landscaped front, side and rear yards.
i. 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 Residential Community.
9. 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.
10. 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. Verifying all points of discharge with respect to detention/water quality.
c. Compliance with the protections required under State and Local Law concerning adjacent and on-site streambank buffers.
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.
d. Change access locations to different rights-of-way.
12. Site Plan must be consistent with PUD-R regulations and all other applicable regulations identified in the Unified Development Code
13. The applicant will revise the site plan to move the access/entrance on Old Lost Mountain Road further north, subject to staff review. A new plan to be submitted prior to Council approval.
14. Road frontages will be heavily and professionally landscaped which may include the use of berms, fencing, and substantial plant material to provide for visual screening.
15. All perimeter and roadway buffer areas will either be owned by the HOA or deed restricted with maintenance easements in favor of the HOA.
Cobb County Notice of Non-Objection Letter