Action Summary:
Subject: Rezoning, Special Use, and Annexation at 3980 Sanders Road
PZ: PZ 25 - 027 Rezoning - Request to rezone a 1.26-acre portion the property at
3980 Sanders Road from R-20 to Light Industrial. PIN: 19091100040
PZ 25 - 028 Special Use - Request to park impounded, wrecked, and disabled
vehicles at 3980 Sanders Road. PIN: 19091100040
ORD 25 - 019 Annexation - An ordinance to annex 5.763 acres from the
unincorporated areas of Cobb County at 3980 Sanders Road to the corporate
limits of the City of Powder Springs. PIN: 19091100040
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☐ Financial Stability/Sustainability (diverse tax base)
☐ Safety & Protecting Community (code enforcement, stormwater)
☐ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☐ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
Background:
Aim Freight Trail Logistics, LLC, owner of the subject property, has requested the annexation of
the 5.763-acre property located at 3980 Sanders Road into the corporate limits of the City of
Powder Springs. The property is located in unincorporated Cobb County and lies contiguous to
Powder Springs’ corporate boundary across Flint Hill Road. The property has no access to
Sanders Road. The western 4.5 acres of the property is zoned Heavy Industrial by Cobb County
while the eastern 1.26 acres is zoned R-20 Single-Family Residential by Cobb County. The
County submitted a Notice of Non Objection with Stipulations for this annexation on November
17th, 2025. These stipulations are included in the Analysis section of this report.
It should be noted that in 2019, Aim Freight Trail Logistics, LLC requested rezoning with the
County for the 1.26-acre portion of the lot to Heavy Industrial for a logistics facility with related
office use (Z-31-2019). The Cobb County Planning Commission recommended changing the
rezoning to Light Industrial with other stipulations attached, however, the application was
ultimately withdrawn before being voted on by the Cobb County Board of Commissioners. The
lot is currently characterized by secondary scrub growth and a detention pond on the western
side.
Philip Howard, owner of Howard’s Wrecker Service, plans to purchase the property for the
operation of a tow service with the storage of disabled and impounded vehicles. Howard’s
Wrecker Service currently operates out of two locations in Mableton and Smyrna. This property
would consolidate the two current locations into one base of operations.
Mr. Howard has submitted a request to rezone the 1.26-acre portion of the property from R-20
to Light Industrial to allow his business to utilize the entire property. No rezoning is requested
for the 4.5-acre portion, which is proposed to enter the City as Heavy Industrial. A special use
request accompanies this rezoning application to allow for the storage of disabled and/or
impounded vehicles on the Heavy Industrial portion of the property.
Location:
3980 Sanders Road within Land Lot 911 of the 19th District, 2nd Section of Cobb County,
Georgia, Parcel 040. PIN: 19091100040
Request:
The proposed facility will provide automotive and truck towing/transport services and storage
for wrecked, disabled, and impounded vehicles. New vehicles for various federal agencies will
also be temporarily stored on the site, as well as private customer vehicles being transported
long distances. Public auctions will be held on the site to sell off abandoned or unclaimed
vehicles. A 14,000 SF building at the front of the site will house a customer reception area,
general office, and maintenance/repair area for company-owned vehicles only. Concretepaved parking for customers and employees is proposed adjacent to the building with a total
of 61 lined spaces, 2 of which will be ADA accessible. The back half of the lot will be graveled
and used for the storage of towed vehicles and company vehicles. A 25-foot landscape buffer
is proposed along the eastern and southern property boundaries with an 8-foot corrugated
metal privacy fence tying into the rear of the building and fully enclosing the vehicle storage
area. A gate is proposed in this fence at the southwest corner of the building. Other site
features include a detention pond along the western property boundary, a front landscape
strip, and a deceleration lane for the site entrance on Flint Hill Rd. The business has 35
company-owned towing/transport vehicles and 50 employees. Stated hours of operation are
24 hours per day, 7 days per week.
Not included in this proposal:
- Maintenance and repair of customer/towed vehicles and non-company owned trucks
- Salvage, dismantling, recycling, and crushing of vehicles
- Sale of used automobile parts
Analysis:
Heavy Industrial/Light Industrial Split Zoning:
As outlined on the current site plan, the 1.26 acres of the property to be rezoned Light
Industrial will be used only for customer, employee, and company vehicle parking and for the
proposed office/shop building. These aspects of the business operations fall under the Tow
Service definition in UDC Article 3: “An establishment that dispatches towing vehicles and which
provides for the storage of vehicles for a period not exceeding 60 days but does not include
disposal, disassembly, salvage, or accessory storage of inoperable vehicles. This term is
distinguished from "wrecked motor vehicle compound" and "salvage yard" as defined herein.”
Per UDC Sec. 2-22 Table 2-3, Tow Service is a permitted use in the Light Industrial district and
would be allowed as such on the 1.26-acre portion of the property if successfully rezoned to
Light Industrial.
The storage of disabled and impounded vehicles falls under the Wrecked Motor Vehicle
Compound definition in UDC Article 3: “An area used to store disabled or impounded motor
vehicles until such time as their disposition (either by junk, salvage, repair, etc.) has been
determined by the insurance company, the owner of the vehicle, or his legal representative.” Per
UDC Sec. 2-22 Table 2-3, Wrecked Motor Vehicle Compound is only allowed in the Heavy
Industrial district as a special use. The current site plan shows that all vehicle storage will be
restricted to the 4.5-acre, Heavy Industrial portion of the property.
Stipulations included in Cobb County Notice of Non Objection:
1. Applicants apply for a Special Use Permit on the HI (Heavy Industrial) portion of this
request only;
2. All equipment and vehicle parts shall be stored within a fully enclosed building or
structure. PS-UDC 4-330(a);
3. Vehicles shall be stored in a fully screened and fenced area on the lot. PS-UDC 4-330(b);
4. No retail and/or wholesale sales of new or used automobile parts and supplies
The UDC provides criteria for rezoning decisions and special use decisions. Analysis of these
criteria is provided below:
Criteria for Rezoning Decisions
a. Whether the proposed zoning district and uses within that district are compatible with
the purpose and intent of the comprehensive plan.
The Powder Springs Future Land Use Map identifies the subject property as Professional
Employment Center. Section 3.4 of the Comprehensive Plan states that Light Industrial is
an appropriate zoning district in this future land use category and that light industrial uses
are appropriate. As stated in the analysis above, the 1.26-acre portion of the property to
be rezoned to Light Industrial will contain aspects of the business falling under the Tow
Service definition and will thus be consistent with the purpose and intent of the
comprehensive plan.
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 .
Immediately adjacent properties at 4002 Flint Hill Rd (PIN 19091100030) and 3990
Sanders Rd SW (PN 19091100070) are zoned R-20 and contain single-family dwellings.
Both properties are under the ownership of the same applicant for this annexation
petition, Aim Freight Trail Logistics, LLC. The Light Industrial district and uses that are
permitted within may be suitable nearby residential areas, provided that adequate
buffering, screening, site design, and other circumstantial considerations are provided
for.
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.
Staff are unable to create a conclusive list of all potential negative impacts that permitted
Light Industrial uses might have on nearby properties. However, the Unified Development
Code provides protections for residential uses and zoning districts adjacent to Light
Industrial districts. The following criteria detail these protections in relation to the
proposed Tow Service use on the 1.26 acres requested for Light Industrial rezoning.
d. Whether there are substantial reasons why the property cannot or should not be
used as currently zoned.
The 1.26-acre portion of the subject property zoned as R-20 cannot be used for
industrial purposes as currently zoned. Furthermore, the elongated, tapered shape
of this 1.26-acre portion would make its development for residential purposes
difficult, with much of the property encumbered by setback requirements.
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.
The proposed Light Industrial district does not allow for the development of dwelling
units and is not anticipated to impact public schools. Per Cobb County’s Notice of Non
Objection, water service for the subject property is provided by the existing CCWS water
main in Flint Hill Rd and wastewater for the property is treated at the South Cobb WRF,
where there currently is sufficient capacity. CCWS will continue to own and maintain
water and sewer facilities in public rights-of-way and public easements. Fire protection
will be provided by the Cobb County Fire Department. No comment was given by the
Cobb County Fire Marshal’s Office in the Notice of Non Objection. Police services will be
provided by the City of Powder Springs and are anticipated to be adequate to serve the
proposed Light Industrial district and use.
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 Annexation Plan in Section 3.9 of the Comprehensive Plan identifies the subject
property as a Phase 2 annexation site. The Comprehensive Plan states that out of all the
parcels identified for annexation, only 0.4% are classified as industrial. The subject
property falls within this category and represents a comparatively rare opportunity for the
City to increase its industrial property digest. The industrial properties across Flint Hill Rd
that were also identified as Phase 2 annexation sites (PIN 19091100020 & 19091100060)
have been annexed into the City’s corporate limits since the last Comprehensive Plan
update. This has created the contiguity needed to allow this annexation and related
rezoning application.
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 proposed rezoning of the 1.26-acre portion to Light Industrial provides a reasonable
step-down in intensity from the Heavy Industrial portion of the subject property while still
allowing an industrial business to wholly utilize the property.
Special Use Decision Criteria:
a. Whether the proposed special use is consistent with the stated purpose of the zoning
district in which it will be located.
The stated purpose of the Heavy Industrial district is found in UDC Sec. 2-30: “The HI
Zoning District is established to provide locations for heavy industrial uses such as
manufacturing, uses involving chemicals, the storage of petroleum products and other bulk
storage facilities, intensive automobile repair and service, warehousing and storage uses,
equipment yards, and railroad yards. Uses that generate waste or pollution are subject to
state permitting and demonstration of compliance therewith.” The storage of disabled and
impounded vehicles is consistent with the purpose of the Heavy Industrial district for
“storage uses”.
b. Whether the establishment of the special use will impede the normal and orderly
development of surrounding property for uses predominate in the area;
The subject property is located at the edge of an industrial node comprised of properties
in both Cobb County and the City of Powder Springs. Properties to the immediate north,
south, and west are industrially zoned and should not be impeded in their development
by the proposed special use. Properties to the east, northeast, and southwest of the
subject property are residentially zoned and should be taken into careful consideration to
mitigate any potential adverse impacts of the proposed use. The subject property borders
the Silver Comet multi-use trail to the south. Special consideration should be paid to the
protection of the Silver Comet Trail from the proposed special use.
c. Whether the location and character of the proposed special use are consistent with a
desirable pattern of development in general.
The proposed special use is consistent with industrial development patterns in the area. A
Cobb County Schools bus shop is located in the vicinity, as well as a construction
contractor’s yard, truck parking uses, and a hydro excavation business.
d. Whether the type of street providing access to the use is or will be adequate to
serve the proposed special use.
Per Cobb County DOT, Flint Hill Road is classified as a Minor Collector and will
continue to be owned and maintained by Cobb County. If additional adjacent
parcels are annexed into the City of Powder Springs, Cobb DOT will reevaluate
ownership and maintenance responsibilities at that time.
A culvert exists on Flint Hill Rd between the subject property and the Flint Hill Rd -
Powder Springs Rd intersection. The length of the culvert is less than 20ft and
therefore does not fall within the National Bridge Inspection Standards definition of
a bridge (CFR 650.305). Cobb County DOT has confirmed that no loading data is
available for this culvert, however, any vehicle that causes it damage is responsible
for repairs.
e. Whether access into and out of the property is or will be adequate to provide for
traffic and pedestrian safety, the anticipated volume of traffic flow, and access by
emergency vehicles.
Residential properties exist to the east and north of the Sanders Rd - Flint Hill Rd
intersection. To mitigate adverse impacts of heavy truck traffic on residential uses, all
trucks travelling to or from the subject property shall be required to exclusively use the
Flint Hill Rd intersection with Powder Springs Rd to access the site. Under no
circumstances shall trucks travelling to or from the subject property use Sanders Rd as a
thru street. Additionally, as per UDC Sec. 8-67, a full-sized deceleration lane shall be
required at the Flint Hill Road entrance.
Access to fenced areas on the site shall be provided to emergency vehicles, as required
by the Cobb County Fire Marshal’s Office.
f. Whether public facilities such as schools, water or sewer utilities and police or fire
protection are or will be adequate to serve the use.
The proposed use does not add dwelling units and is not anticipated to impact public
schools. Per Cobb County’s Notice of Non Objection, water service for the subject
property is provided by the existing CCWS water main in Flint Hill Rd and wastewater for
the property is treated at the South Cobb WRF, where there currently is sufficient
capacity. CCWS will continue to own and maintain water and sewer facilities in public
rights-of-way and public easements in regard to this proposed use. Fire protection will
be provided by the Cobb County Fire Department. No comment was given by the Cobb
County Fire Marshal’s Office in the Notice of Non Objection. Police services will be
provided by the City of Powder Springs and are anticipated to be adequate to serve the
proposed use.
g. Whether refuse, service, parking and loading areas on the property will be located
or screened to protect other properties in the area from such adverse effects as
noise, light, glare, or odor.
Outside loudspeakers should be prohibited to prevent noise pollution to nearby
residential areas. The Applicant proposes the use of an 8-foot privacy fence to visually
screen the vehicle storage area. If practicable, the gated entrance to this screened area
should be moved behind the proposed building to obscure its opening from the sightline
of travelers on Flint Hill Rd. A vegetative buffer of 85 feet is required for Light Industrial
districts abutting a residential district and 110 feet for Heavy Industrial districts abutting
a residential district. Per UDC Sec. 12-43, these may be reduced to 63’ 9” and 82’ 6”
(respectively) at the Community Development Director’s discretion, provided a 6-foothigh fence is installed along the innermost portion of the buffer. The Applicant is
requesting a 25-foot buffer along the eastern and southern property boundaries. Per
UDC Sec. 12-44, the Mayor and City Council may waive or reduce the extent of a buffer
requirement “…if the comprehensive plan anticipates future development on the
adjoining property in a land use category such that a buffer would not be required by this
development code once the adjoining property is rezoned or developed.” The
Comprehensive Plan anticipates Professional Employment Center use for the two
adjacent residential properties, both of which are owned by Aim Freight Trail Logistics,
LLC and are included as Phase 2 annexation sites in the City’s Annexation Plan.
Lighting details have not been supplied. The subject property’s proximity to residential
areas requires careful consideration for site lighting. Any lighting proposed for vehicle
parking areas shall be arranged, located or screened to direct light away from adjoining
residential uses and shall not cause glare on any abutting property or street, per UDC
Sec. 6-60(a). Exterior lighting shall comply with all design review requirements of UDC
Sec. 5-38. Architectural lighting shall comply with all design review requirements of UDC
Sec. 5-58.
h. Whether the hours and manner of operation of the special use will have adverse
effects on other properties in the area.
Operation of this special use during overnight hours should be given special
consideration due to the proximity of residential uses in the area. As necessitated by the
nature of the business, the general public is expected to visit the property to retrieve
vehicles that have been transported there. These activities should be limited to regular
office hours to mitigate overnight traffic, light, and noise impacts in nearby residential
areas. Overnight operations should be limited to emergency tow service activities and
access to the property should be restricted to employees only during these hours. Every
effort should be made to schedule pick ups and deliveries of non-emergency
towed/transported vehicles to regular office hours.
Operations on the site shall comply with the Code of Ordinances Article IV. Noise
Regulation at all times, with special consideration paid to sound level limitations for
nearby residential properties. See Code of Ordinances Sec. 10-51.
h. Whether the height, size or location of the buildings or other structures on the
property are or will be compatible with the height, size or location of buildings or
other structures on neighboring properties.
The Applicant has stated that structures built on this property will be similar in nature to
adjacent property in the area. The current site plan shows that the 14,000 SF building will
be one-story (22-foot in height). Other industrial-use structures in the surrounding area
are one-story in construction. The proposed building height is compliant with maximum
building heights and maximum number of stories in both Heavy Industrial and Light
Industrial districts, per UDC Sec. 2-23 Table 2-4. Proposed building elevations have not yet
been submitted but will be required to meet Powder Springs Design Guidelines adopted
10/07/2024. The 8-foot fence proposed around the vehicle storage area meets height
requirements, per UDC Sec. 4-135 Table 4-1.
The minimum setback distance for a principal building in a Light Industrial district when
abutting a residential zoning district is 110 feet. Per UDC Sec. 14-12, this minimum is
eligible for administrative variance not to exceed 35%. The applicant has requested the
setback distance be changed to 50 feet from the eastern property boundary, which
exceeds what is possible by administrative variance. The Applicant shall be required to
submit a variance application for this request.
Staff Notes
Recommendation:
Approval of the Annexation, Rezoning, and Special Use Applications on the condition of full
compliance with all code requirements and the following:
1. Towed vehicles shall be stored in a fully screened and fenced area on the
Heavy Industrial portion of the lot. The office and repair building shall be
so situated as to obscure the entrance to the vehicle storage area from the
sightline of travelers on Flint Hill Road.
2. The office and repair building shall be constructed to contain a building
pad with stormwater systems to catch all fluids and send the same through
an oil/water separator filtration system prior to entering the general
stormwater system for discharge. All onsite maintenance and repairs shall
be performed inside the repair building. All equipment and vehicle parts
used for the like shall be stored inside the repair building.
3. All truck traffic shall exit and enter the subject property from Flint Hill
Road at its intersection with Powder Springs Road and shall be precluded
from utilizing Sanders Road as a means of travel and shall not be utilized as
a “thru street”.
4. There shall be no junk, disposal, disassembly, or salvage operations for any
vehicles on the subject property. Retail and/or wholesale sales of new or
used automobile parts and supplies shall be prohibited on the subject
property.
5. All areas where vehicles are stored and all parking areas shall be surfaced
per UDC Sec. 6-58.
6. Service bays with overhead doors shall not be located on the front building
facade of a building unless provisions are made for screening them from
view from the front property line.
7. Space shall be provided on the lot devoted specifically and exclusively for
automobile loading and unloading. It shall be unlawful to load or unload
automobiles within the right-of-way of any public street. It shall be
unlawful to park automobiles within or otherwise encroach upon the
designated and approved loading or unloading zone except for loading and
unloading operations.
8. Outside loudspeakers shall not be permitted.
9. Submittal and approval of a photometric plan for exterior and architectural
lighting on the subject property shall be required and shall meet the
following:
a. Any lights used to illuminate a parking area shall be arranged,
located or screened to direct light away from any adjoining
residential use and shall not cause glare on any abutting
property or street, per UDC Sec. 6-60(a).
b. Exterior lighting shall comply with all design review requirements of
UDC Sec. 5-38.
c. Architectural lighting shall comply with all design review
requirements of UDC Sec. 5-58.
10. Submittal and approval of a landscape plan to include buffers, front
landscape strip, interior parking lot landscaping, and general landscaping
provisionsshall be required.
11. Submittal and approval of architectural plans to include building façades,
materials, fencing details, and elevations of dumpster enclosure shall be
required.
12. A full-sized deceleration lane shall be required at the Flint Hill Road
entrance, pursuant to UDC Sec. 8-67.
13. Sidewalk shall be provided along Flint Hill Rd, per UDC Sec. 8-75.
14. If permitted to operate 24 hours per day, the business shall maintain
regular office hours during which the general public may visit the property
and overnight hours during which staff alone will be allowed on the
premises. Operations on the site shall comply with the Code of Ordinances
Article IV. Noise Regulation at all times, with special consideration paid to
sound level limitations for nearby residential properties. See Code of
Ordinances Sec. 10-51.
15. Submittal of a variance application for building setback requirements
abutting a residential zoning district shall be required.
16. Any changes in use or operation on this property shall first receive Mayor
and Council approval