City of Powder Springs - File #: PZ 21--033

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
8/16/2021	1	City Council	approved	Pass	Action details	Meeting details	Not available
8/12/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available

Site Plan Review - Downtown Redevelopment Overlay

Novare Group

Marietta Street, Pineview Drive and Jackson Way

Hotel Avenue, Lewis Road, Murray Avenue and Atlanta Street

Land Lots 875, 876, and 902

BACKGROUND

The applicant, Novare Group, with support of the City of Powder Springs Downtown Development Authority has applied for site plan approval under the provisions of the Downtown Redevelopment Overlay. The property is currently owned by the Downtown Development Authority. The application has been reviewed by City Staff, the Downtown Development Authority and the Planning and Zoning Commission.

The subject properties are located in the Downtown Redevelopment Overlay. The first site is located at Marietta Street, Pineview Drive and Jackson Way. The second site is located on Hotel Avenue, Lewis Road, Murray Avenue and Atlanta Street. The two areas are circled in red below. The properties are zoned Central Business District (CBD), with one portion zoned R-20. All property is located in the Downtown Redevelopment Overlay.

Existing use of subject property: The Subject Property contains land parcels that reside within the Downtown Redevelopment Overlay and that have underlying zoning classifications of CBD & R20. The Subject Property contains a combination of vacant land, municipal buildings, Old Lost Mountain Road (AKA Jackson Way) right-of-way and one (1) single-family residence.

The purpose of the Downtown Redevelopment Overlay is to provide for appropriate planned development of quality mixed-use projects within the City of Powder Springs LCI study and redevelopment area by allowing greater freedom of design, by improving the opportunity for flexibility and creativity in the land development process, by undertaking techniques which foster community and pedestrianism, and by limiting the expenditure of public funds in an effort to achieve the objectives and intent of the City’s Comprehensive Plan and LCI Plan and Urban Redevelopment Plan.

The applicant has stated the intended purpose of the application is -

This Application for Site Design Review seeks to obtain certain approvals in order to allow the construction of a mixed-use development consisting of 226 Class "A", highly-amenitized luxury apartments and a commercial building totaling approximately 4,800 square feet ("Subject Property"). The Subject Property contains three (3) noncontiguous land areas totaling 6.74 acres, which are described in greater detail within Exhibit A.

Novare Group is planning a transformative mixed-use development in the heart of Powder Spring’s town center with optimal walkability to the new Thurman Springs Park, Marietta Street and area amenities such as the Silver Comet Trail. The proposed project will transform the site from its current condition into a mixed-use development that includes 226 Class-A apartments with state-of-the-art amenities and approximately 4,800 square feet of retail space, both of which will activate and densify the downtown area. Novare envisions retail tenants that are accretive to the Town Center area such as a restaurant/brewery, coffee shop, café, and/or market that will help to bolster activity along Marietta Street and around Thurman Springs Park. The residential units will feature modern and top of market finishes. The proposed development will vastly improve the current state of the existing properties, bring new jobs to the Powder Springs town center and significantly increase the tax base at the City and County levels over the long term. The development will have a halo effect and spur other redevelopment on surrounding properties as the town center densifies and is further activated. The economic impact of this project for Powder Springs and the surrounding area will be tremendous and will be catalytic for future growth. We believe our proposed project will have an enormous impact on the immediate area and contribute to the revitalization already underway within the Powder Springs area.

The purpose of the Downtown Redevelopment Overlay is as follows:

1. Allow diversification of uses, structures, densities and open spaces when not in conflict with existing and permitted land uses on abutting properties.

2. Reduce development costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional land development regulations.

3. Conserve the natural amenities of the land by encouraging the preservation of environmentally significant, scenic and functional open space.

4. Provide maximum opportunity for the application of innovative site planning concepts and the creation of aesthetically pleasing environments for living, shopping, playing and working on properties of adequate size, shape and location.

5. Ensure that development will occur according to the advantages and limitations of land, site design, population density, building coverage, improvement standards, and construction phasing as authorized through the approval of a comprehensive site development plan.

6. Provide a mechanism to incorporate and implement the goals and intent of the City of Powder Springs Comprehensive Plan and LCI Plan and Urban Redevelopment Plan.

7. Encourage transportation alternatives, including walking and land use patterns that reduce the need to drive.

8. Increase the amount of open space, public meeting areas, and recreational uses.

9. Provide a tool for improved development through creative design and an appropriate mix of land uses.

ANALYSIS

Properties applying for site plan review under the Downtown Redevelopment Overlay requirements must do the following:

MINIMUM DESIGN REQUIREMENTS

1. All projects must be reasonably consistent with the goals and intents of the City of Powder

Springs Comprehensive Plan, the LCI Plan and the Urban Redevelopment Plan.

The LCI called on increasing the residential density in the downtown area by adding a mixed-use development. The location of the multifamily development in the 2016, Springs in Motion LCI Plan was proposed adjacent to the new downtown park that was also recommended by this study. The park ultimately was constructed north of Marietta Street. This site plan approval locates the majority of the apartment units adjacent to the newly constructed Thurman Springs Park. The LCI called for 240 apartment units to be constructed in the downtown area. This application proposes 226 apartments with associated infrastructure. The site plan design of the apartment development is also consistent with the concept provided in the LCI, Springs in Motion plan adopted in 2016. The buildings line the perimeter of the site, with parking located in the middle. The streetscape in both the concept plan from the 2016 Springs in Motion LCI Plan and in the proposed application both include street trees and sidewalks along the public road frontages.

LCI, Springs in Motion 2016

Apartments located adjacent to new downtown park

Commercial structure located at the corner of Marietta Street and Pineview Drive

Site Plan by Novare Goup, 2021

2. Within this Overlay, the City Council may approve alternatives standards to those in the Unified Development Code for lot sizes, lot widths, building setbacks, densities, parking requirements, right-of-way widths, street widths, buffers, and other components. Alternative standards must be expressly submitted and reviewed as part of an overall plan, in accordance with the procedures found in Article 2, Zoning Districts and Official Zoning Map, City of Powder Springs Unified Development Code. Alternative standards must support the policies in the Comprehensive Plan and the LCI and Redevelopment Plan vision.

The applicant has applied for alternate standards as part of this site plan submittal. Alternate standards being requested are detailed below.

Pineview Drive Parcels

Article 2 Sec. 2-31(h) - All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above-ground facilities. Variation to allow existing overhead utilities to remain where scope of proposed development does not require its relocation.

Article 6 Sec. 6-52 - Off-street parking areas shall be set back from front, side, and rear property lines by at least five feet, except that the community development director may authorize a reduction in the parking lot improvement setback to no less than three feet where a front landscape strip as required by Article 5 of this development code is authorized to have a variable width. Variation to allow parking areas within five feet of property lines. Variation required to meet minimum parking count.

Sec. 6-77 - Compact parking spaces may be used in parking areas when more than twenty parking spaces are required, provided that the areas for compact parking are clearly marked and not more than twenty percent of the number of parking spaces provided in the entire parking area is designated compact auto parking. Variance to allow up to 28% of proposed parking spaces to be compact spaces.

Sec. 6-81 (b) - The community development director may allow parking at a rate of up to 10 percent above the maximum permitted number of spaces, or at a rate of no more than 20 percent below the minimum required, on a case-by-case basis, based upon the scale and impacts of the request, for good cause shown. The applicant shall make said request in writing which may be required to include documentation from an acceptable industry publication (e.g., Institute of Transportation Engineers, Urban Land Institute, American Planning Association, etc.) or a study prepared by a qualified professional that documents parking requirements. Variation to allow a 20 percent reduction from the minimum required parking.

Article 8 Sec. 8-23(a) - Buffer. An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of all streams, as measured from the top of the stream bank. o Request to reduce undisturbed natural vegetative buffer to 25 feet. Reduction is required to construct improvements shown on rezoning plan.

Sec. 8-23(b) - Impervious surface setback. An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling, and earthmoving shall be minimized within the setback. Request to reduce impervious surface setback to 40 feet beyond banks of creek. The Proposed retaining wall will be constructed within this buffer as part of this project. Reduction is required to provide improvements shown on rezoning plan.

Article 10 Sec. 10-13. Development Within or Adjacent to Future-conditions Flood Hazard Area. No development shall be allowed within or adjacent to any area of future-conditions flood hazard, except for activities authorized by variance in accordance with the requirements of this article, unless specifically exempted by this article. Request to develop within or adjacent to Future-conditions Flood Hazard Areas.

Hotel Avenue SW / Murray Avenue SW Parcels

Article 2 Sec. 2-31(h) - All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above-ground facilities. Variation to allow existing overhead power to remain where scope of proposed development does not require its relocation.

Article 6 Sec. 6-29 Table 6-2 - Minimum driveway radius for a Commercial or Multi-Family Residential Development to be 15 feet. o Variation to reduce minimum driveway radius to 10 feet. Reduction is required for driveway to Tract 2 parking area to work with existing roadway geometry.

Sec. 6-52 - Off-street parking areas shall be set back from front, side, and rear property lines by at least five feet, except that the community development director may authorize a reduction in the parking lot improvement setback to no less than three feet where a front landscape strip as required by Article 5 of this development code is authorized to have a variable width. Variation to allow parking areas within five feet of property lines. Variation required to meet minimum parking count.

Sec. 6-53 (b) - No off-street parking to space shall be permitted directly from an access driveway within the first 30 feet of the driveway back from the street right-of-way line. Variation to reduce this requirement to 15 feet from right-of-way line. Reduction required to meet minimum parking count.

Sec. 6-81 (b) - The community development director may allow parking at a rate of up to 10 percent above the maximum permitted number of spaces, or at a rate of no more than 20 percent below the minimum required, on a case-by-case basis, based upon the scale and impacts of the request, for good cause shown. The applicant shall make said request in writing which may be required to include documentation from an acceptable industry publication (e.g., Institute of Transportation Engineers, Urban Land Institute, American Planning Association, etc.) or a study prepared by a qualified professional that documents parking requirements. Variation to allow a 20 percent reduction from the minimum required parking.

Analysis

Staff has reviewed these requests and has determined that the requests meet the criteria for the granting of a variance. In review of the criteria for the granting of a variance found in the Unified Development Code, there must be a finding that one or more of the criteria outlined in Section 14-24 exist. After review of the criteria, many are met. Most notably, the following criteria are noted:

(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;

This property is uniquely located between Thurman Springs Park and a creek. The requested variances are required in order to meet the density needed to support an apartment community and the retail uses of the downtown area. In addition to the units, space is required for parking, green space, buffers and other infrastructure.

(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 Downtown Redevelopment Overlay was established to encourage development consistent with the LCI plan and the Urban Redevelopment. This development is a key component of both plans. The development is situated in such a way that surrounding areas should not be negatively impacted.

(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 developer has prepared a site plan that maximizes the site. The variances requested are the minimum needed in order for the site to be developed as multi-family with a commercial component. This development is a key project in the LCI plan.

(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.

Multifamily and mixed-use developments are permitted in the Central Business District and in the Downtown Redevelopment Overlay.

3. The City will not consider variances to standards or regulations of other regulating

jurisdictions, such as erosion control regulations, fire codes, floodplain control, stream buffers,

or other similar regulations, without the express written consent and approval of applicable

jurisdiction. Furthermore, said consent shall not guarantee nor require the City to waive any or

all requirements.

The applicant is not requesting any variances to standards of other regulatory agencies. The requested stream buffer variance does not encroach into the state mandated 25’ undisturbed buffer. Additionally, any development in the 0.2% X- shaded floodplain is required to meet the requirements of outside agencies for development in the 0.2% X-shaded floodplain. The City of Powder Springs has an additional requirement that all development in or adjacent to the floodplain require approval from council as a variance. As such, the applicant has included a request for variance of the City of Powder Springs regulation in this application.

4. All projects should incorporate interconnectivity, pedestrian-friendly improvements, good

design, architectural detail, and appropriate scale. Where appropriate, separate land uses are

encouraged to be integrated both horizontally and vertically.

This site offers interconnectivity and pedestrian friendly improvements. The site includes public sidewalks along the frontage of the development. Both sites provide an internal sidewalk network that connects to the public sidewalk where feasibile. The site plan shows development at a pedestrian scale; with building fronting the sidewalk, street trees to provide for shade and crosswalks. The retail and residential component of the site plan are integrated horizontally.

5. At a minimum all projects shall include and/or incorporate the following components:

a. All Planned Mixed-Use development projects must have a minimum of two discrete type of land use (commercial and single-family, recreational and multi-family, etc.).

This application provides for 226 apartment units, amenities for the residents and a 4800 sf commercial structure.

b. All projects must be designed and incorporated together to provide a harmonious transition from one use to another. Common architecture, themes, significant natural features, connectivity and other items must be included.

Architecture to be approved by a separate application, however all uses will be cohesive and planned together.

c. A functional town center, community green, park, or other focal point must be included to create character and identity.

The proposed mixed-use development includes a central amenity feature which includes a clubhouse and swimming pool.

d. Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate.

Public sidewalks connecting to the City’s existing sidewalk system surround both sites.

e. All projects should have adequate and appropriate access.

Adequate and appropriate access is provided.

f. Other standards, as outlined in the City of Powder Springs Comprehensive Plan, Design Guidelines, and LCI Plan and Urban Redevelopment Plan which are appropriate for the site’s specific location and character area should be included. When determining the appropriateness and viability of a proposed project, the City shall consult the City of Powder Springs Comprehensive Plan and LCI Plan and Urban Redevelopment Plan.

In addition of being in conformance with the Springs in Motion LCI Plan (2016), this development is also supported by the Urban Redevelopment Plan and the Comprehensive Plan. The Comprehensive Plan supports this project with its first stated goal - GOAL 1 // CREATE AND IMPLEMENT A PLAN TO REVITALIZE AND REACTIVATE DOWNTOWN, AND BRING IN NEEDED ACTIVITY TO THE AREA

g. Projects that prove that the use of innovative or creative design will benefit the City maybe considered for said district.

USES PERMITTED

All uses permitted shall be as determined by City Council at the time of project review and approval.

Approved uses if the proposed application is approved will be multi-family with amenities and a commercial use. The uses allowed in the commercial structure will be as stated in the Unified Development Code for the Central Business District (CBD).

DEVELOPMENT STANDARDS

1. The minimum site area shall be two (2) acres of contiguous land area.

The combined acreage for this project is 6.74 acres, with 4.81 acres being contiguous. This exceeds the minimum requirement for 2 acres contiguous land.

2. No use, setback, height, and coverage requirements or residential types are established.

However, existing residential development adjacent to the Article 2, Zoning Districts and Official

Zoning Map, City of Powder Springs Unified Development Code 46 Downtown Redevelopment

Overlay shall be adequately protected by setbacks, landscaped walls and/or other buffers to be

established as part of the site development plan review.

Development standards will be substantially in accordance with site plans approved as part of this application.

INTERNAL DEVELOPMENT REQUIREMENTS

1. No minimum lot sizes or shapes shall be required, except as may be established as part of the

site development plan review.

2. No minimum distance between on-site structures shall be required, except as may be

established as part of the site development plan review. However, Fire Code requirements shall

be met. Approval of the Cobb County Fire Marshal’s office is required prior to issuance of a

building permit.

3. No minimum yard setbacks shall be required, except as may be established as part of the site

development plan review.

Internal development standards will be substantially in accordance with site plans approved as part of this application.

OFF-STREET PARKING AND LOADING

Adequate off-street parking and loading areas shall be provided as regulated in Article 6 of the

Unified Development Code. However, reductions in total parking requirements is strongly

encouraged. The sharing of off-street parking areas between and the use of adjacent on-street

parking to satisfy requirements is permitted by right. The use of porous alternative parking areas

is allowed and encouraged where appropriate.

The applicant has requested a 20% reduction in parking as allowed by the Unified Development Code and as encouraged by this provision.

LANDSCAPING

Landscaping shall be consistent with the minimum requirements as established in the Unified

Development Code. The preservation of mature trees and tree stands is strongly encouraged.

The applicant has provided landscaping as part of the concept plan that appears consistent with the Unified Development Code, including street trees and parking lot trees. This will be further reviewed in the development review process.

UNDERGROUND UTILITIES

All on-site utilities shall be installed underground. Large transformers shall be placed on the

ground within pad mounts, enclosures or vaults. The developer shall provide adequate

landscaping to screen all above-ground facilities.

The applicant has included in this request to allow any infrastructure that is currently located above ground to remain above ground around the perimeter of the site. All new utilities on the subject property will be installed underground.

ACCESSIBILITY

Every residential unit or permitted use shall have direct access to a public street via a private

road, common easement, or other area dedicated or reserved for public use.

All units and commercial structures will have direct access from a public road or the private parking lot.

ARCHITECTURAL STANDARDS

Unless specifically exempted as part of the stipulations or otherwise permitted during the

project development review process by the City, Article 8 - Project Design Standards of the

Unified Development Code shall apply to all projects.

Architectural review will be completed by a separate application.

COMMON OPEN SPACE REQUIREMENTS

1. All designated common open spaces shall be preserved by one or more of the following methods:

a. Public dedication, subject to acceptance by the City Council. Article 2, Zoning Districts and Official Zoning Map, City of Powder Springs Unified Development Code 47

b. Conveyance to a property owners' association or nonprofit land conservation organization.

c. Retention of ownership, control and maintenance by the developer with a permanent conservation easement dedicated to the City in perpetuity.

2. All privately-owned common open space shall conform to its intended use and remain as expressed in the approved site development plan through the inclusion in all deeds of appropriate covenants. Said deed restrictions shall run with the land.

The private open space will be shown on the approved development plan and will be included in all deeds of appropriate covenants.

ENVIRONMENTAL CONSIDERATIONS

Protections of wetlands, creeks and streams and compliance with floodplain requirements

should be provided in accordance with Article 9 of the Unified Development Code.

Other than the variances to the City of Powder Springs Unified Development Code requested by the applicant, all development shall be in accordance with Article 9.

RECOMMENDATION

Staff reviewed this application and recommended approval.

Downtown Development Authority of Powder Springs reviewed this application at their August 9, 2021, meeting and recommended approval.

City of Powder Springs Planning and Zoning Commission reviewed this application at their August 12, 2021, meeting and recommended approval with two considerations. The Planning and Zoning Commission specifically stated that these considerations are not required, but they would like the developer to continue to explore them.

1. The applicant should look for ways to include additional greenspace throughout the development where feasible.

2. The applicant should attempt to locate all utilities underground along the frontage of Pineview Drive.