Staff Report
PZ 21-029 Variance: Petition to vary the following sections of the UDC: Section 8-74 and 8-75. Section 4-230. Section 8-23. Section 7-21. Section 10-12 and 10-13.
APPLICANT: Native Development Group, LLC represented by Joseph K McGorrey.
PETITION:
To consider a variance application to allow a distribution facility in the City. The property is located at Burrow Trail, C.H. James Pkwy and Oglesby Road, within land lots 1050, 1096, 1097, 1125, 1126, 1127, 1169 of the 19th District, 2nd Section, and Cobb County, Georgia.
VARIANCES REQUESTED:
1. Section 8-74 and 8-75 to waive the requirement for curb, gutter, and sidewalk along Burrow Trail; and to waive any requirements on Burrow Trail for any acceleration or deceleration lanes entering the proposed industrial Developments.
2. Section 4-230 to allow portion of the property currently operated as an independent trailer storage operation that was previously approved and permitted by Cobb County to continue to operate as permitted previously by Cobb County.
3. Section 8-23 to provide stream setback relief on the 10-acre adjacent property stream for the 25-foot impervious setback and local/county 25’ undisturbed stream buffer area, respecting the 25-foot state buffer.
4. Section 7-21 to allow an existing billboard on site.
5. Section 10-12 and 10-13 Development in or adjacent to the floodplain
PURPOSE OF THE REQUEST: To develop a 338,550 SF (approx.) Logistics/Distribution Center and a 60,000 SF (approx.) Warehouse/Business Service Building.
LOCATION: Burrow Trail, C.H. James Pkwy and Oglesby Road.
PARCEL ID NUMBERS: 19109700040, 19109600010, 19112600010, 19112600020, 19112600030, and 19105000010.
Figure 1. Parcels affected by variances.
Figure 2. Proposed Site Plan
BACKGROUND:
The site is being considered for annexation and rezoning concurrent with this request. The site to be annexed is currently undeveloped and zoned Light Industrial (LI) in the County. Although mostly undeveloped, in 2017 Cobb County approved the storage of intermodal containers and trailers on gravel on a portion of the property. The applicant is requesting that this use be allowed to continue as part of this application. In addition to the property proposed to be annexed, there is a 10-acre parcel zoned CRC in the City located just north of the proposed annexed site, located in the City.
SURROUNDING LAND USE:
The City of Austell is adjacent to the south of the lands to be annexed, where industrial uses predominate (a large intermodal facility exists there). The zoning district to the north within the City is CRC, and within the county is R-30. To zoning to the east is Planned Residential Development (PRD) within the County. The site is bordered on the west by C.H. James Parkway, beyond which is R-20 zoning within the County.
ANALYSIS:
The applicant is requesting 5 variance requests as part of the application for annexation and rezoning. Requests 2 and 4 relate to existing uses in the county and a variance may not be required. However, staff has included them in this analysis to confirm for the record the allowance for the relocation of the billboard and the continuation of the trailer storage use.
1. Burrow Trail (County Access Road) Variances
Burrow Trail Improvements - Curb. Gutter and Sidewalks Applicant requests that the City of Powder Springs waive the requirement for curb, gutter and sidewalk along Burrow Trail given the commercial nature of the development anticipated lack of pedestrian mobility and the termination/dead end of the road into the trailer/storage operation. The estimated cost burden of these items would create an economic and competitive hardship for the development.
Burrow Trail Improvements - Acceleration I Deceleration Lane Applicant requests that the City of Powder Springs waive any requirements on Burrow Trail for any acceleration or deceleration lanes entering the proposed industrial developments. The traffic will be limited to the developed properties and trailer storage areas only. Traffic from the Trailer storage area is limited to their destination only, is infrequent, and is not expected to have any impact on traffic levels.
Analysis:
The applicant is requesting a waiver of the requirements for curb, gutter and sidewalk along Burrow Trail, which is a 24’ wide access road that connects Lewis Road to the southern area of the site. The variances regarding Burrow Trail should be considered as part of the land disturbance process. The code states the following regarding curb and gutter and sidewalks.
Sec. 8-74. Curb and Gutter. Curb and gutter are required on all new streets and new construction on existing streets, including acceleration and deceleration lanes and travel lane widenings. See article 21 for details.
Sec. 8-75. Sidewalks. (a) Sidewalks are required to be installed by the developer at the time of development along each side of any public or private street within or adjacent to the development. (b) Sidewalks shall be located as shown on standard detail for residential streets. On arterial and major collectors, the sidewalk shall be located along but not less than one foot from the right-of-way line. (c) Concrete sidewalks shall be a minimum of 5 feet wide and 4 inches thick. Concrete shall be 2,500 psi at 28 days’ strength. Sidewalks shall be backfilled and landscaped.
In some cases, the removal of curb and gutter can help facilitate low impact design as required by Section 5-35. Staff may be supportive of the exclusion of curb and gutter based on the hydrology report provided during the LDP review.
Regarding sidewalks, the intent of Burrow Trail is for vehicular traffic and the applicant does not intend to have pedestrian traffic along this roadway. The portion of the roadway south of the second warehouse is strictly used for the intermodal container storage. Staff recommends varying the requirement for sidewalk for the portion of the sidewalk south of the warehouses as there may be a safety conflict with having pedestrian and truck traffic on this portion of the road, especially given that there is not a pedestrian destination on this portion of the roadway. Staff recommends that the requirement for sidewalk for the portion developed with the distribution facility be evaluated during the Land Disturbance process.
2. Existing Trailer Storage Operation
A portion of the property currently operated as an independent trailer storage operation that was previously approved and permitted by Cobb County. Applicant requests that the operation continue to operate as permitted previously by Cobb County.
A variance was approved in 2017 by Cobb County for the most southern area of the site identified as the existing trailer storage operation. Section 4-230 of the City of Powder Springs Unified Development Code limits storage of tractor trailers or containers to no more than 6.
In industrial districts, no more than 6 tractor trailers and no more than 6 construction dumpsters shall be permitted, and such storage requires a minimum lot size of 10 acres.
This use is considered an existing nonconforming use in Cobb County. Through the annexation process, this use will become existing nonconforming in the City of Powder Springs. Additionally, staff notes that the trailer storage is located on gravel which would have required a special use in the City of Powder Springs. Special Use is not required here because the existing use. The stipulations required by Cobb County for this use, will be incorporated in the annexation action.
Comments made by Cobb County Staff at the time of the 2017 Variance are included below:
Cobb County approved the variance with the following conditions -
As part of the Cobb County non objection letter regarding annexation, Cobb County provided the following comments relating to the continuation of the use for the existing trailer storage operation.
Site Plan Review:
a. Obtain a Land Disturbance Permit for the trailer parking operation.
b. Aerial photography of the subject property indicates that+/- 8.3 acres were cleared, graded, and graveled in 2017.
3. Stream Setback Relief for Tippens Property
Applicant requests that the City of Powder Springs provide stream setback relief on the I 0-acre adjacent property stream for the 25-foot impervious setback and local/county 25' undisturbed stream buffer area, respecting the 25 foot state buffer. This will allow developer to provide increased fire department access on the smaller site.
The City has considered buffer averaging in the past, following a previously adopted code section that read as follows:
(a) Where the 100-year floodplain constricts within the buffer and "buffer averaging" is permitted such that the net buffer area is not reduced or the average buffer width conforms to the widths as outlined above (this exception is not applicable to the state-mandated 25-foot buffer).
(b) Where the Community Development Director, or his/her assign(s) determine to allow a variance to the requirements greater than the state-mandated 25-foot buffer that is at least protective of natural resources and the environment, or where otherwise allowed pursuant to O.C.G.A. § 12-2-8. For the purposes of this section, at least as protective shall mean that there is no net decrease in the square footage of the required buffer that is greater than the state-mandated 25-foot buffer. Any request to allow a variance that would result in a net decrease in the square footage of the required buffer that is greater than the state-mandated 25-foot buffer must be approved by the City of Powder Springs in accordance with Section 8-24 and Article 14 of the Unified Development Code.
The City no longer has this provision in the code because variances regarding stream buffers are required to follow the variance procedure outlined in the Unified Development Code. Stream buffer variances are best reviewed as part of the land disturbance process and after state waters and other environmentally sensitive areas are verified on site. As such, staff recommends that this provision be allowed to be varied administratively during the land disturbance process, as long as buffer averaging is used.
There are 70 acres of the property that are not used for development. Additional areas of the site are available for conservation to help offset impacts for the stream buffer variance. Any variance to stream buffer requirements should be the minimum required to allow the development.
4. Relocation of Existing Billboard on Property
The subject property currently has a double-faced billboard on the property that will need to be relocated for the developers planned distribution building. We request that the City of Powder Springs work with the Applicant to relocate the Billboard to a mutually agreed location on another area of the property or possibly another parcel on C.H. James parkway owned by J. Freeman.
Analysis:
There is an existing billboard located on the subject property which was approved and permitted by Cobb County. Sec. 7-21 of the Unified Development Code finds that although billboards are incompatible with the goals and objectives for the development and community character, it also finds that some billboards exist and those can be continued. For this site to be developed as proposed, the existing billboard must be relocated to another area onsite. Because the billboard was previously approved by Cobb County, it is considered a nonconforming structure and/or situation. Sec. 1-67 states that nonconforming building or structure may be expanded, enlarged or extended if such use is permitted in the zoning district. The billboard was allowed under Cobb County’s zoning ordinance, Chapter 134 . The use will not be enlarged, extended or expanded only relocated to another location on site. The exact location to be approved by the Community Development Director.
5. Development in or Adjacent to the Floodplain
Some minor areas of the development are located in the Special Flood Hazard Area, and the 0.02% flood area. As such, the Unified Development Code requires a variance for all development occurring in or adjacent to a flood hazard area. Any development in this area will need to comply with Article 10 of the Unified Development Code.
Analysis:
Any development in the above referenced area must show compliance with Article 10 of the Unified Development Code and will be reviewed by the City of Powder Springs Engineering consultant.
VARIANCE CRITERIA ANALYSIS
Any applicant requesting consideration of a variance to any provision of this development code
shall provide a written justification that one or more of the following condition(s) exist. The
governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:
a) 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;
The property is has frontage on CH James Pkwy which is a limited access roadway. The property is served by Burrow Trail, an access road on Georgia DOT right-of-way and Oglesby Road and Lewis Road. The applicant it requesting a variance for improvements along the access road, Burrow Trail. The depth of this property which required the use of the access road provides some practical difficulties. As such, allowing administrative review of improvements required along Burrow Trail is in keeping with the intent of the Unified Development Code.
Additionally, the site has floodplain and streams located on the property. As proposed, ____ acreas of the site are not proposed for development. There is opportunity for the more environmentally sensitive portions of the site to be set aside for conservation.
b) 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;
The applicant has stated that fire access for the site fronting Oglesby Road may not be available without the granting of the stream buffer variance.
c) 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;
Other properties have the ability to request a variance should unique difficulties exist. This property is unique in that the billboard and storage facility uses were approved by Cobb County prior to the annexations. Variances to the city code regarding relocation of billboard and the continued use of trailer storage on a gravel surface, and in a number that exceeds which is allowed by code is being requested as part of the annexation application. As such, staff recommends approval of these requests based on the previous approval from Cobb County.
d) 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 proposed development requires certain variances to allow the development to be feasible. The proposed development is consistent with the stated purpose of the Light Industrial zoning district.
The LI zoning district is established to provide locations for office, automotive repair,
light manufacturing and distribution/service facilities. The LI zoning district does not involve or permit manufacturing establishments which emit smoke, water pollution, or excessive noise such as those resulting from the conversion of raw materials into finished products. Rather, uses permitted uses in the LI zoning district are primarily those that consist of processing, assembling, cleaning, servicing, testing, or repairing of materials, goods or products. Transportation, warehousing, and distribution uses are accommodated as are certain commercial uses supportive of or compatible with other uses permitted in the zoning district.
e) The special circumstances are not the result of the actions of the applicant;
The shape of the site and the location of environmentally sensitive areas are not the result of actions of the applicant.
f) 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 requested the minimum variances required to facilitate the concept plan dated 7/23/2021.
g) 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.
The variances requested will not allow a use that is not permitted in the zoning district. The applicant included requests for billboard relocation and the continuation of a trailer storage use. To the extent that those uses are not permitted under the City of Powder Springs Unified Development Code, they were previously approved by Cobb County under their jurisdiction. This variance application will formalize those previous Cobb County approvals.
FISCAL IMPACT:
The applicant states the following regarding the fiscal impact to the City of Powder Springs
The proposed logistics development project is expected to generate up to 200 jobs upon leasing of the building. Based on a Land and Estimated Cost basis the Approximate $30 Million building will ultimately generate an estimated $275,000 in annual tax revenues of which approximately $85,000 will inure to the City of Powder Springs. The Developer plans to seek a tax incentive bond vehicle from the City of Powder Springs Development Authority to make the building more competitive and attractive to high quality tenants that could temporarily reduce these amounts. However, it is the developer's experience that the developed project will draw little from City of Powder Springs resources for Fire, police and EMS and will not add to the school burden as an alternative residential project might. Based on all the above attributes and considerations, we strongly believe that an annexation to the City of Powder Springs is warranted and will be a great addition to the area, providing needed jobs, tax
revenues, with little impact on traffic and community resources.
RECOMMENDATION:
Approval to vary UDC: Section 8-74 and 8-75. Section 4-230. Section 8-23. Section 7-21. Section 10-12 and 10-13. with the following conditions:
1) To allow the existing billboard to be relocated to another location on site. The sign may not be enlarged and is subject to building permit and approval by the Community Development Director.
2) The requirements for curb and gutter along Burrow Trail be evaluated during the land disturbance process. If no negative impact is anticipated through the hydrology review and/or removal of curb and gutter is supported by low impact design requirements, administrative variance may be granted by the Community Development Director.
3) No sidewalk be required along Burrow Trail for any portion of the roadway located south of the buildings shown on the site plan. Requirement for sidewalk on the portion of the development with the buildings may be varied administratively during the land development review process.
4) A Land Disturbance permit is required for the existing trailer storage operation. Through this process, the applicant should consider the addition of screening along CH James Pkwy.
5) During the land disturbance process, reductions to the stream buffer as shown on the site plan dated 7/23/2021 may be considered if stream buffer averaging is used, subject to review of the Community Development Director.
6) That environmentally sensitive areas and required stream buffers be placed in a conservation easement. Areas required for conservation easement be determined at time of land disturbance review.
7) Any development in or adjacent to a flood hazard area comply with applicable sections of Article 10 of the Unified Development Code.
The Planning and Zoning Commission recommends adding the following:
#1 - Require that the new location of the billboard be specified, and subject to approval of the Community Development Director.
#3 - The Planning and Zoning Commission Chair indicated that he would prefer requiring a sidewalk along burrow trail. This would provide for those employees who use alternate means of transportation to get to work - i.e. walk or cycle.