Staff Report
File #: PZ 20-011
APPLICATION: Rezoning/Annexation APPLICANT: Traton, LLC
PETITION:
1. To consider an annexation and rezoning from Light Industrial (LI, Cobb County) to Planned Unit Development -Residential (PUD-R, City of Powder Springs).
2. Light Industrial (LI, Powder Springs) to Planned Unit Development -Residential (PUD-R, City of Powder Springs).
Variance requested
1. Reduce the minimum lot size for PUD’s from 8,400 square feet to 4,000 square feet
2. Reducing the requirement of 50% brick on all three sides
To allow a single-family residential development within Land Lots 869 and 908, 19th District, 2nd Section, and Cobb County, Georgia.
PURPOSE OF THE REQUEST: To allow for 120 single-family units
LOCATION: 3441 Powder Springs Road (Annexation/Rezoning)
3265 Powder Springs Road (Rezoning)
Acre: 20.48 Density: 5.8 Du/acre
PARCEL #: 19086900140 (Annexation/Rezoning) Acre: 20.48 Density: 5.8 Du/acre
19087000050 (Rezoning)
New Proposal as of 6/9/2020
Number of Units: 77 Single-family, 33 townhomes = 110 units
Density : 5.4 units per acre
Site Plan 3/2020
Updated Site Plan 6/1/2020
Background
The subject site is currently located at the intersection of Powder Springs Road and Carter Road. Majority of which is located in the Powder Springs jurisdiction with a zoning category of Light-Industrial (LI); only a small portion is located in Cobb County jurisdiction and is also zoned Light- Industrial. The Cobb county portion is identified as Neighborhood Activity Center on the northern half and Medium Density Residential on the southern half (NAC and MDR) based on the Cobb County Future Land Use Map. The developer is proposing to develop the site as a single-family residential subdivision consisting of 120 single-family units. For this development to occur the applicant has requested an annexation into the City and rezoning from LI (Cobb County) and LI, Powder Springs 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 a mixture of residential and commercial uses. Located to the east of the subject site is the Preston Place subdivision with a R15 zoning designation. The Preston Place subdivision lot size ranges from 14,373 square feet (.33 acres) to 21,780 square feet (0.5 acres); located to the east is a vacant property designated as Community Retail Commercial (CRC). South of the subject site is the single-family Sharon Place subdivision which has a zoning classification of R15C. The Sharon Place subdivision consists of lot sizes ranging from 8,712 square feet (0.2) acres to 43,560 square feet (1 acre). This subdivision is separated by the Silver Comet Trail that runs east to west of the subject site. West of the subject site is located in the LI zoning district that currently consists of a self-storage facility. North of the subject site consists of a recently zoned PUD-R 55 plus community (quads) that are currently under construction. Additionally, across the street are three (3) lots with single-family homes with a R-20 zoning designation. There is a gas station that is located to the north which is currently zoned Community Retail Commercial (CRC).
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 portion of the site that falls within the Powder Springs Jurisdiction lies within the Retail Commercial Future Land Use district (See diagram below). The Cobb County portion is identified as Neighborhood Activity Center on the northern half and Medium Density Residential on the southern half (NAC) and MDR) according to Cobb County Future Land Use Map.
Powder Springs, Future Land Use Map
Though the proposed request is not consistent with the Powder Springs Future Land Use Map, the proposed development will provide quality housing, as well as allow residential zoning and development adjacent to similar residential developments. There is also a PUD-R development located north of the site consisting of approximately 118 units which was approved by Mayor and Council in 2019.
The 2016 Livable Community Initiative (LCI) study calls for trail oriented development and this development would qualify as such, though this site is outside LCI study area. The Silver Comet Trail connects this area to downtown and is a walkable 1.2 miles from the Dillard and Pineview trailhead. The sites proximity to the Silver Comet Trail, the Wildhorse Creek Trail, other residential developments, and downtown makes it a good location for a residential use. Promoting medium density residential here and walkability/ ride-ability to downtown via the Silver Comet are consistent with the tenets of the Livable Communities Initiative. The City wants vibrancy and livability in Powder Spring and this development moves us toward achieving these goals. Rooftops here could support future business development along that corridor.
The Georgia Tech corridor study, which specifically addresses this corridor, prescribes the “provision of intercity bike and pedestrian access.” This study recommends the utilization and expansion of our trail network to promote citywide connectivity for pedestrians and cyclists. The barriers to promoting this type of connectivity at this site are very low due to the proximity to the Silver Comet and Wild Horse Creek Trails.
(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, quality single-family residential community, are suitable uses for the subject property in view of uses of the surrounding properties. The layout of the site will allow for vehicle and pedestrian safety allowing only a right-in access along Powder Springs Road. Additionally, this site’s access to the Silver Comet Trail would align with the Livable Community Initiatives tenets on walkability for promoting quality of life. It would also be consistent with GA Tech Corridor Study’s recommendation for improved connectivity to the city’s trail networks. These factors make this an ideal location for this development.
(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;
The subject site is adjacent to residential and Industrial/Commercial Uses. One of the requirement of the PUD-R zoning category is to provide a 25 foot landscape strip along the perimeter of the site. Such buffer will provide a sense of separation between any incompatible uses. Staff recommends detailed rendering of the landscaping along Powder Springs Road and that buffer areas be placed on property owned by the HOA or in an easement in order to maintain these areas in perpetuity.
(d) Whether there are substantial reasons why the property cannot or should not be used as currently zoned;
The subject property, both in the City and Cobb County is currently zoned LI. It is the opinion of the City’s consultant, NextSite, that residential is the best use for this site. There are more attractive commercial areas in Powder Springs, for example areas nearer to Publix and Home Depot, or on CH James Pkwy within the Carrington subdivision. Opportunities also exist toward Hiram or East West connector that a commercial developer might find more attractive. Residents at this site may walk the short distance to downtown shops and events resulting in less pressure on downtown parking during high demand times. This recommendation from NextSite is similar to what was stated in the Georgia Tech Corridor study about potential commercial development.
(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 84 students. The development will be served by the Compton Elementary School, Tapp Middle School and McEachern 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 Powder Springs Road and Carter 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 120 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 Carter Road and Powder Springs Road. Only a right-in will be available on Powder Springs Road.
(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 existing LI zoning of the subject property does not reflect the changing conditions of the area surrounding it. If the subject property were developed to allow for uses under the existing LI zoning, the surrounding communities would be adversely impacted and harmed. Thus, the proposed PUD-R zoning classification allows for development to be more compatible with the surrounding communities.
(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 PUD-R zoning classification, together with the quality single-family residential community, is a more reasonable use of the property, and provide a better, overall promotion of public health, safety, morality, and general welfare of area residents and neighborhoods than uses allowed under the LI zoning Classification.
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:
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 Light Industrial, Powder Springs and Light Industrial, Cobb County to Planned Unit Development-R (PUD-R) on property located at the intersection of Powder Springs Road and Carter Road consisting of approximately 20.48 acres.
2. The Subject Property shall be developed in substantial conformity to that certain revised site plan, prepared by Ridge Planning and Engineering for Traton Homes.
3. The construction of a maximum number of One Hundred and Ten (110) units consisting of 77 single-family residential units and 33 townhomes at an overall maximum density of 5.4 dwelling units per acre. The minimum lot size is [ 4,000 - updated after PZ Hearing] square feet.
4. The setback are as follows:
Front: 5 feet
Side: 5 feet; Side Major: 5 feet
Rear: 10 feet
Between buildings: minimum of 10 feet
5. [Added after PZ hearing - There shall be no patio within the building setback.]
6. [Added after PZ hearing - A historic study will be required in an effort to preserve the historic farmhouse located on site. Historic study must be provided at LDP review and all substantial findings incorporated in the site plan. All efforts must be implemented to ensure all specimen trees are protected.
7. 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 other elevation will contain no less than 50% brick on the front façade. [Added after PZ meeting - Interior lots shall include a water on both side of a unit.]
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Site Plan must be consistent with PUD-R regulations and all other applicable regulations identified in the Unified Development Code
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.
16. The applicant will continue to review traffic impacts on Powder Springs Road and will work to align the entrance to the subdivision to the entrance of the Creekwood development located across the street. A new plan will be provided showing this alignment prior to the Mayor and Council Hearing.
17. The applicant meet all recommendations provided by Cobb County DOT
Exhibit 1
Cobb County Notice of Non-Objection Letter