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Sams, Larkin, Huff, & Balli, represent Municipality Communication, LLC
Rezoning from NRC to CRC
LL 725 3215 New Macland Road
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REZONING: From Neighborhood Retail Commercial (NRC) to Community Retail Commercial (CRC)
Petition to rezone 4.3+/- acres from NRC to CRC for the construction, operation and maintenance of a Wireless Telecommunication Tower and Facility
Background:
The subject property is located at 3215 New Macland Road, north of the intersection at New Macland and Macedonia Road. The property area is 187,308 sq. ft. and 4.3 acres. Currently, the property is zoned Neighborhood Retail Commercial (NRC) and is within an area identified as Neighborhood Activity Center (NAC) in accordance with the Future Land Use Map (FLUM). Properties surrounding the subject site are both residential and commercial establishments zoned Residential (R20) 20000 sq. ft. and Community Retail Commercial (CRC), respectively.
On May 26, 2017, Sams, Larkin, Huff, & Balli, represent Municipality Communication, LLC. filed an application to rezone the subject property for the construction, operation, and maintenance of a 170’ wireless telecommunication tower, equipment, and facility in accordance to Table 2-3 of section 2 for Towers and Wireless Telecommunications Facilities, which requires a special use for all wireless facilities.
The 4.3 acre site is a heavily wooded area. The proposed wireless telecommunication tower will be a one hundred and seventy (170) foot high, monopole with ground-mounted communications equipment and access to the facility on the site. Space for additional antenna arrays will be approximately ten (10) feet apart. The tower will be of sufficient diameter to accommodate up to (4) tenants; within an unmanned 6’ secure fenced compound. The tower and facility will be constructed on approximately 0.2296 acres of the 4.3 acre tract of land.
The applicant, Municipal Communications, LLC. is petitioning to rezone the subject property to CRC for the construction and use of a wireless telecommunication tower and facility. According to the applicant’s analysis, cellular service coverage from the proposed new tower would have some overlap with existing cellular sites; this is desirable to accomplish “hand-off” from one cell site / tower to the next as a subscriber using their mobile device travels from the area of one cell site to the next. While it is possible that other sites or properties near the proposed site could also be suitable tower locations, it is believed that the proposed site is adequate. The proposed height of 170' is an appropriate and suitable height.
Moreover, the applicant is proposing a 12’ wide gravel access driveway from New Macland Road of the subject property. The proposed 170’ monopole tower will be accessed from the south end of the boundary line of the property to New Macland Road via an easement across the owner’s property.
The city acquired the services of CityScape Consultants, Inc., to provide an objective analysis to assist the Commission in making the best recommendation to the City Council.
Analysis
Review Criteria Sec. 13-37. Criteria for Rezoning Decisions.
The planning commission and the governing body will take into consideration these standards in making a recommendation and decision, respectively, on a rezoning application.
(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?
Response: The proposed zoning is Community Retail Commercial (CRC). Currently, the property is zoned Neighborhood Retail Commercial (NRC) and is within an area identified as Neighborhood Activity Center (NAC) in accordance with the Future Land Use Map (FLUM). Properties surrounding the subject site are both residential and commercial establishments zoned Residential (R20) 20000 sq. ft. and Community Retail Commercial (CRC), respectively.
Staff notes that a rezoning to CRC will require an amendment to the Future Land Use Map, as CRC zoning is not compatible in a Neighborhood Activity Center. Additionally, the City of Powder Springs is currently revising the comprehensive plan. This area was identified as a future development node for the City; consisting of retail commercial uses and additional housing. The construction of the telecommunications tower is not consistent with either the current or proposed 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?
Response: The purpose and intentions of the proposed Community Retail Commercial (CRC) zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network. Higher density residential uses in certain locations may be permitted
In relationship to comprehensive plan, the proposed CRC zoning district is intended to implement the “community activity center” future development established by the comprehensive plan. The CRC zoning district is intended to implement the “community activity center” future land use category established by the comprehensive plan.
CRC zoned properties are located parallel to and to the south intersection of Macedonia and New Macland Roads. Adjacent and surrounding properties are residential zoned areas.
Additionally, the proposed CRC rezoning requires a special use approval and must meet other requirements set forth in Sec 4-415 of the UDC. The applicant has agreed to add conditions limiting the permitted uses to only those allowed in the NRC zoning district, with the exception of the telecommunications tower. With the exception of the telecommunications tower, limiting the uses to NRC approved uses would be more compatible with the surrounding residential properties.
(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;
Response: Currently, the property is zoned Neighborhood Retail Commercial (NRC) and is within an area identified as Neighborhood Activity Center (NAC) in accordance with the City’s Future Land Use Map (FLUM). Staff notes that city records indicate there are active water accounts on the adjacent residential properties, however the residential property located at 3216 New Macland road has water usage indicating a vacant structure.
The adjacent and nearby residential (Residential, R20) properties also are noted as suburban residential neighborhoods in the FLUM. Powder Springs is mostly made up of single-family homes in residential subdivisions, all planned in a sprawling, suburban style. It is imperative that new and redeveloping suburban residential areas embrace Smart Growth and Traditional Neighborhood Development principles to create high quality neighborhoods and ensure pedestrian-oriented development.
Therefore, it is staff’s belief that the surrounding residential areas will be adversely affected by the proposed use.
(d) Whether there are substantial reasons why the property cannot or should not be used as currently zoned;
Response: The Neighborhood Retail Commercial (NRC) zoning district is intended to provide pedestrian-oriented neighborhood focal points serving adjacent and nearby neighborhoods. The NRC zoning district is small in total area so as to limit the scale and scope of development and to control adverse impacts on adjacent neighborhoods.
In relation to the comprehensive plan, the NRC zoning district is intended to implement the “neighborhood activity center” future development area established by the comprehensive plan.
Additionally, the NRC zoning district is intended to implement the “neighborhood activity center” future land use category established by the comprehensive plan.
Currently, a wireless telecommunication tower and facility is not a permitted use in the current NRC zoning district in accordance with the UDC.
(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;
According to the applicant, existing public facilities and services is adequate to serve the use in the proposed zoning district and uses permitted as is already established in the Neighborhood Activity Center. Additionally, since Powder Springs owns and maintains water and sewer facilities in public rights-of-way and public easements, there would be no infrastructure gain or loss. Staff notes that there is a water line located behind the existing shopping center. However, the location of the cell phone tower is not anticipated to affect the water line, but care should be taken.
(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 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 CRC zoning district reflects a reasonable balance between the promotion of the public good by adding additional investment and commercial development in accordance with the zoning of surrounding properties and the Comprehensive Plan. Additionally, the comprehensive plan may not have anticipated the increased need for wireless telecommunication towers in the region.
In contrast, the proposed use will be a new development and potentially controversial in the existing zoning of the surrounding residential properties. Although the proposed use appears to meet the goals and objectives of the property owner and the applicant, a tower and mechanical facility occupying the lot as a principal use does not add improvements to the overall commercial use of the area.
Fiscal Impact:
The subject property is located along New Macland Road surrounded by both residential properties and commercial establishments. The proposed rezoning request is to construction, operate, and maintenance of a 170 feet wireless telecommunication tower and compound. The propose use will not require substantial additional services of the existing water and sewer services. Public facilities are adequate to serve the proposed commercial use. An increase in traffic flow to and from the site is not anticipated by this application.
RECOMMENDATION
Staff notes that the proposed application is not consistent with either the adopted or proposed Future Land Use Map, and does not meet all code requirements such as the requirement for the landscape buffer or the minimum distance to residential.
Should the Planning and Zoning Commission choose to recommend approval, staff recommends the following conditions:
1) All stipulations included in the letter from Garvis Sams dated June 7, 2017 (See Attachment A)
2) All conditions included in the Telecommunication Site Review from CityScape Consultants, Inc. dated August 7, 2017 (Attachment B).
4) The vacant residential structure be used only for commercial uses permitted in this zoning application.
5) The applicant provide documentation addressing the maintenance of vegetative screening to be by the tower owner and not the landowner, and showing the manner in which the property shall be reclaimed in the event the tower is removed.