City of Powder Springs - File #: PZ 24-022

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
7/15/2024	1	City Council	approved	Pass	Action details	Meeting details	Not available
6/24/2024	1	Planning & Zoning Commission			Not available	Meeting details	Not available
6/13/2024	1	Planning & Zoning Commission			Not available	Meeting details	Not available

CASE NUMBER: PZ 24-022

APPLICANT: Pastor Anthony Guidry, Intentional Church

VARIANCE: To vary section 4-70 (b) minimum dedicated acreage requirements, to allow a church.

LOCATION: 4110 Austell Powder Springs Road, Suites 130 and 155.

ZONING: CRC PIN: 19090500180 and 19090500190

Staff Recommendation: Denial Planning and Zoning:

BACKGROUND: Staff is recommending denial of the variance because the criteria for variance is not met. Staff notes that a previous variance for acreage related to a church was granted in 2018 for Westgate Church. The Westgate Church case application differs from the subject application in that the size was 9000 compared to 4200 in this application. The code was established to ensure that churches and other places of assembly have adequate acreage to serve their needs including traffic, parking and separation from certain commercial uses. Staff recommends that should this variance be approved, Council consider a text amendment removing the size requirements given that no unique circumstances exist on this site.

Mr. Guidry leased retail space at 4110 Austell Powder Springs Road. He subsequently completed a zoning verification and learned that churches require a minimum of 2-acres solely dedicated to the use. The subject location is in a retail suite and is within the strip of shops managed by Hubert Properties.

Intentional Church wishes to house their church’s congregation space in suite 130, and their offices in suite 155.

Churches and places of worship are permitted by right in certain commercial districts: O-I, NRC, CRC, and BP. The use requires special use approval in mixed use and residential zoning districts. Churches are subject to the specific use provisions of Sec. 4-170, for all zoning districts. The location of the proposed church does not meet the two (2) acre minimum requirement dedicated solely to the use Section 4-70 (a). The applicant is requesting a variance to this section of the UDC.

Sec. 4-70. Church or place of worship. (Excerpt)

Churches or places of worship shall be governed by the following requirements:

(a) Minimum street frontage. The church or place of worship shall be located on a lot with a minimum of 150' of frontage on a public street with a classification of major or greater.

(b) Minimum acreage. The church or place of worship shall be established on a lot having a minimum area of 2 acres dedicated to the use.

(c) Buffer. A church or place of worship that constitutes the only principal use on the lot shall provide and maintain a buffer with a minimum width of 50' abutting a residential zoning district. Said buffer shall meet or exceed specifications of article 12 of this development code.

The CRC Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market. The CRC district is designated on properties with access to major arterial streets and at intersections or arterial streets with other major streets, where development nodes can be supported by the regional transportation network. The commercial retail center is approximately 5.5 acres located on Austell Powder Springs Road, which is classified as an Arterial roadway. The site consists of an existing commercial building consisting of the following tenants: Barber Shop, Ark Ministries (Not approved), Health and Fitness (not approved), Supermarket (not approved), Grit Fitness (not approved), Dance Studio, Dollar Store, Dominos Pizza and the bartending school . Staff notes that some tenants have not completed licensing and permitting requirements and are under code enforcement action.

The proposed church will occupy 4200 square feet of leased space with approximately 120 seats. The church is seeking to occupy two suites, one for office use, and the other for general congregation purposes.

CRC Zoned Churches. Westgate Church is a similar case currently in operation in a CRC zoned district. In 2018 variance approval was granted to operate at the commercial retail center at 3217 New Macland Road, and they are still in operation at that location. Additionally, LinkedUP church is operating in CRC zoning, however they are the sole user of that property and exceed the 2-acre minimum acreage requirement.

Code Violations. There are open code violations at Hubert Property’s Commercial Retail Center at 4110 Austell Powder Springs Road.

This includes a non-compliant church, ARK Ministries, currently in operation in Suites 160 and 180 of the commercial retail center. ARK Ministries had their zoning verification denied but has moved in and has started operations. This use is currently under code enforcement.

Additionally, there were recent citations for construction without a permit, and related to delinquent renewal of occupational tax license. Abandoned signs of closed businesses need to be removed. Additionally, Section 7-84 of the Unified Development Code states that no sign permits can be issued on a site with nonconforming signs. City staff has requested that the owner provide a plan to bring the existing nonconforming sign into conformance but has not received the required information. As such, this site is not eligible for the issuance of new sign permits.

SURROUNDING AREA: Please see Figure 1-Zoning Map; Figure 2: Floor plan;

Figure 1. Zoning Map

PARKING ANALYSIS

The available parking is sufficient to support the proposed church use. UDC Table 6-4 provides that 1 parking space is required per 4 seats in the room with greatest seating capacity or 1 per 40 square feet in largest assembly area without fixed seating. Since the floor plan (figure 4) demonstrates fixed seating, therefore the seat: parking ratio approach is best applied here.

Therefore, the 120 seats in the church’s assembly areas require a total of 30 parking spaces.

Additionally, the existing uses: Barber Shop, Ark Ministries, Health and Fitness, Supermarket, Grit Fitness, Dance Studio, and Dollar Store, and inclusive of all retail space, would require approximately 140 parking spaces dedicated to those uses. Domino’s Pizza and the bartending school are not located in the same row of suites and have their parking requirements met by the available spots adjacent to their stand alone building.

Total parking provided at the commercial retail center is 190 spaces, which is sufficient to serve the church use, and the total square footage of the other uses at this retail center.

Figure 2. Suite 130 for Church Congregation Use

Figure 3. Proposed location

Figure 4. Floor Plan. Suite 130.

VARIANCE ANALYSIS:

The application was reviewed against the following criteria:

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:

Staff Analysis:

The purpose for the request is to vary the minimum requirement of two (2) acre dedicated to the church or place of assembly use requirement identified below.

Sec. 4-70. Church or Place of Worship.

Churches or places of worship shall be governed by the following requirements:

(b) Minimum acreage. The church or place of worship shall be established on a lot having a minimum area of two acres dedicated to the use.

Staff is recommending denial for the following reasons:

1. Though a church is a permitted use in the CRC zoning district, the conditions outlined in Section 4-70 was intended to have such use as a standalone use with adequate acreage to support all the activities of a church or other place of assembly. Therefore, the proposed institutional use within a commercial building does not provide adequate space to allow activities typically related to a church.

In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and determined that one or more of the conditions required by Section 14-24 for issuing a variance exist as follows:

(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.

There are no extraordinary circumstances. The subject site is in a commercial retail building on approximately 5.5- acres that is being occupied by various tenants. The conditions outlined in Section 4-60 of the UDC requires two (2) acres (87,120 square feet) solely dedicated to the use. The applicant has leased space in an existing establishment that is approximately 4200-sf. The code envisions churches to be larger facilities, being located on standalone lots and provides conditions to prevent nuisance to nearby uses.

(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 conditions outlined in Section 4-70 of the UDC requires all religious institutions to have a minimum two acres. The strict application of the code would deprive the applicant the use of the land for a church, but would allow other uses permitted in the CRC zoning district on the property.

(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.

Staff is recommending denial. Granting of this variance would confer a special privilege of having a church, where it would not otherwise be permitted because of the acreage. Other churches or places of assembly may also seek variances.

(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 subject site is an existing commercial building with several retail leased spaces. The use of this property as a church may hinder restaurants or other future alcohol sales on the property. As such the use may not be harmonious to the surrounding environment.

(e.) The special circumstances are not the result of the actions of the applicant.

The circumstances that exists are a result of the actions of the applicant. The applicant signed a lease prior to seeking zoning approval from the City. The site does not meet the minimum requirements for a church or other places of assembly.

The applicant explained to staff that their previous location had the lease called 2-months early, resulting in his congregation not having a permanent home. He’ has since leased temporary space while the variance request is considered. He signed a lease before seeking zoning approval and has expressed that he is incurring expenses for the space though he is not able to occupy it.

(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 commercial building is primarily for retail space. If this request is denied there will be other opportunities for the space to be leased by another tenant provided their use is consistent with the City’s rules and regulations.

(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.

A church is a permitted use in the CRC zoning district. However, the site does not meet the two (2) acre requirement solely dedicated to the church as outlined in Section 4-70 of the UDC.

STAFF RECOMMENDATION: Staff recommends Denial. Should approval be considered, staff proposes the following conditions.

1. The variance to allow the operation of a church on less than 2-acres dedicated to the use is approved. The approval of this variance is not transferable to any other business or subsequent owner.

2. For events where the congregation is assembled, ingress and egress into the commercial retail center at 4110 Austell Powder Springs Road shall use the second drive way to the southern side of the row of retail suites, to mitigate traffic impacts to other users in the development. Parking attendants shall be required to direct traffic during said events.

3. Intentional Church shall utilize Powder Springs Police Department as their police force of choice for traffic control support, when deemed necessary.

4. Intentional Church shall seek the necessary approvals from the Fire Marshall’s Office, and the Community Development Department to establish a new business operation.

5. Intentional Church shall house their church’s congregation space in suite 130, and their offices and broadcasting uses in suite 155.

6. That the approval of this variance is not transferrable to any other business or subsequent owner.

7. The applicant will demonstrate that there is adequate parking to support retail and institutional use at this location.

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8. Hours of operation are limited to 7:00AM - 10:00PM.

9. Per Section 7-84 of the Unified Development Code, no sign permits can be issued for this property, until and unless the property owner complies with this section.