City of Powder Springs - File #: PZ 25-008

• File #: PZ 25-008
• Version: 1
• Type: Variance
• Status: Work Session Ready
• File created: 5/5/2025
• In control: Planning & Zoning Commission Public Hearing
• On agenda: 6/30/2025
• Title: Variance. To allow development in the floodplain, future conditions flood and/or adjacent area. The property is located at 5525, 5535 and 5500 Elliott Road within land lots 598, 599, 660, 661, 19th district, 2nd Section, Cobb County, Georgia. PIN: 19067400030, 19066000050 and 19066000060.
• Code sections: Article 10 - Floodplain Management
• Related files: PZ 24-014, PZ 24-038

Date	Ver.	Action By	Action	Result
6/2/2025	1	City Council	tabled	Pass
5/27/2025	1	Planning & Zoning Commission Public Hearing
5/8/2025	1	Planning & Zoning Commission Public Hearing

CASE NUMBER:   PZ 25-008

APPLICANT:  Traton Homes; Represented by Kevin Moore.

VARIANCE REQUEST: To allow development in the Special flood hazard area, future conditions flood hazard area, adjacent flood hazard area. Flood Protection Variance. Variance Request to UDC Section 10-11

LOCATION:  5525, 5535 and 5500 Elliott Road, within land lots within land lots 659 660 673 674, 2nd section, Cobb County Georgia.

Staff Recommendation: APPROVE WITH CONDITIONS

BACKGROUND:  Locally owned Traton Homes has been building homes in metro-Atlanta for over 50 Years. They recently completed Tapp Farms in Powder Springs, and West Oak Trace.

Several creeks traverse the Property, a pond is located on the Property, and a portion of the Property is located within a flood zone, all of which decrease the developable area of the Property. The proposed zoning category and site layout sought by the applicant takes these features into consideration to allow for a quality community which preserves the uniqueness of the property.

The pond will be developed into a usable amenity, along with nature trails.

On October 21, 2024 and December 2, 2024, the City Council approved the annexation and rezoning of the project. Although the site plan is still substantially similar to that approved at rezoning, detailed engineering has revealed grading and land disturbance within the floodplain and/or future conditions floodplain areas. As such it was determined that a request for variance for Section 10-12 and 10-13 (to allow development within or adjacent to flood hazard area) would be necessary.

SURROUNDING AREA:

Figure 1. Surrounding Area - Zoning Districts.

Figure 2. Vicinity Map. Yellow denotes the city limits of Powder Springs. Crosshatch denotes floodplain.

Figure 3.Floodplain proposed development.

Figure 4. Approved site plan from zoning.

ANALYSIS:

The application was reviewed against the following criteria:

1.                     Good and sufficient cause for the relief sought exists.

The applicant is proposing a development where all residential units and paving will be located outside of the regulatory areas, however some site work is required to develop the site as shown in the approved site plan.

2.                     Failure to grant the variance would result in exceptional hardship.

Failure to grant the variance may result in a reduction of units. Staff notes that number of units approved at zoning is not a guarantee for construction.

3.                     The variance is the least deviation from the standards of this article necessary to accomplish the objectives of the applicant and/or the minimum necessary to afford relief.

No structures will be located in the floodplain, only grading.

4.                     Granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or creation of a nuisance.

The proposal has been reviewed by Dewberry Engineers, the city’s floodplain consultant. The attached memo outlines their findings.

The No-Rise reports and supporting engineering study prepared in support of Elliott Green North and South proposed development have been reviewed and comments on the compliance with the City’s Floodplain Management requirements were made dated 03/12/2025 and 05/06/2025. These comments have not been addressed. It is recommended that this floodplain variance is conditional upon the developer providing during the LDP permit stage, a certified No-Rise report and the supporting engineering study prepared in accordance with the following requirements: 

•                     City’s Article 10 Sec 10-15 - Engineering Study requirements are met

•                     City’s Article 10 Sec 10-16 - General standards for encroachment are met

5.                     No variance shall be issued within any designated floodway that would cause any increase in flood levels during the base flood discharge.                     

The development does not disturb any area located in a floodway.

Cobb County Water System Comments

Cobb County Fire Comments

STAFF RECOMMENDATION:  Approval with the following condition:

1.                     During the LDP permit review, the developer provide a certified No-Rise report and the supporting engineering  study prepared in accordance with the following requirements: 

•                     Article 10 Sec 10-15 - Engineering Study requirements are met

•                     Article 10 Sec 10-16 - General standards for encroachment are met

2.                     During the LDP permit review, the developer provide a certified engineering study and report that any proposed increases in the peak flow discharges along Powder Springs Creek are not going to increase the Base Flood Elevations, Floodway Elevations or 100-yr Future Conditions Flood Elevations along the stream.

3.                     After the completion of the development, As-Built Floodplain Study report be submitted to document that the development is completed as proposed, and the City’s Floodplain Managements requirements have been met.