City of Powder Springs - File #: PZ 22--018

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
5/16/2022	1	City Council	approved	Pass	Action details	Meeting details	Not available
5/2/2022	1	City Council	tabled	Pass	Action details	Meeting details	Not available
4/25/2022	1	Planning & Zoning Commission			Not available	Meeting details	Not available
4/14/2022	1	Planning & Zoning Commission			Not available	Meeting details	Not available

CASE NUMBER: PZ 22-018.

APPLICANT: Trilogy - Matt Cotton and John Boniface. Represented by Kevin Moore.

REZONING REQUEST: To consider a change in zoning conditions for this MXU zoned location.

LOCATION: 3500 Trillium Drive, within land lot 804, 805, 824, 825 of the 19th District, 2nd Section, Cobb County, Georgia.

ZONING: MXU ACRES: 11 ac PIN: 19080500080.

Staff Recommendation: APPROVAL. Planning and Zoning Recommendation: APPROVAL.

BACKGROUND: The original rezoning request on this property occurred on August 21, 2006, with subsequent changes in conditions on July 21, 2008, March 19, 2012, June 3, 2013, May 5, 2014 and July 21, 2014, June 6, 2016, and July 18, 2016. This mixed-use development originally included land where Silver Comet Senior Village and Abbington Trail Apartments are now housed. The previous zoning conditions were site plan specific - the applicant is requesting a change in zoning conditions related to the new proposed site plan. The applicant proposes developing 154 for rent townhome units (3-story residential buildings) at a density of 14.01 u/a, a 5-story 120-room hotel, and a 2-story 25,300 sf office building and to include 3100 sf of restaurant space.

Previously, GW Investments and Rea Ventures Group received approval of a change in zoning conditions and site plan on June 6, 2016. That existing approved site plan (Appendix 1) was for a development of: 80 units of senior housing over 5,000 sf of ground level medical office space; a 6,600 sf restaurant site; a 65,200 sf 4-story hotel; 30,000 sf 3-story office building; all developed around a green space amenity.

The existing approved site plan features 80 age restricted residential multifamily units over medical office space, an office building, and a hotel. The buildings are oriented around a large green space amenity and all parking is internally facing. The new proposal features 154 unique concept for-rent townhomes, a hotel and an office/restaurant building with a pool and cabana amenity. The significant difference is that the new proposal has a parking facing the street, and a pool and cabana amenity. The existing approved site plan and stipulations are included in the appendix. The minutes of original rezoning to MXU in 2006 and stipulations are also included in the appendix.

The comprehensive plan’s future land use designation for the area is Neighborhood Activity Center. The residential density proposed of 14.01 du/a exceeds the maximum allowed for NAC, which is 8 du/a. The applicant wishes to vary the density allowance to allow what is proposed. The floor area ratio for commercial and office of 0.18 complies with development code provisions.

Additionally, the applicant is requesting a variance to allow location of Office and Office/Restaurant parking spaces beyond 300 feet of the building that it serves. Note also that t

The parking spaces shown on the proposed site plan are not compliant with code dimensions; 9’x19’ parking spots are provided, when 9’x20’ is required. A request for justification wasn’t received by the time of this report being drafted.

As it relates to concurrency, the applicant expressed that the prefer to not be bound by concurrency requirements and commented that it creates challenges attracting investors. However, the code requires a degree of sequencing of commercial with residential for mixed-use development: Unless another sequencing provision is substituted by Mayor and City Council as part of the MXU development approval, no more than 50% of the total number of dwelling units authorized in the MXU development shall receive building permits from the city until a building permit is issued, and certificate of occupancy is issued for at least 5,000 square feet of nonresidential space or 25% of the square footage of nonresidential development authorized in the MXU development, whichever is greater.

Figure 1. Proposed Site Plan

SURROUNDING AREA:

The proposed location is at the intersection of the city’s two main arteries: Richard D. Sailors Pkwy and C.H James Pkwy. The site within proximity of the Silver Comet Trail access area on Florence Road. MXU zoning predominates in the area. The adjacent Abbington Trail Apartments, and Silver Comment Village are zoned MXU. CRC zoning exists to the east across C.H. James parkway. To the south across Powder Springs Dallas Road is HI zoning in the county.

Figure 2. Vicinity Map. 3500 Trillium Drive.

ANALYSIS:

The application was reviewed against the following criteria:

1. 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 proposed use and change in site plan for this MXU zoned location are compatible with the Neighborhood Activity Center (NAC) future land use designation (figure 2). Neighborhood Activity Centers are made of residential, commercial, civic, and public uses intended to be -pedestrian-oriented and serve residents living on-site and in nearby residential areas. The comprehensive plan lists MXU as an appropriate zoning district and Townhomes, condominiums, or apartment buildings as appropriate uses. Additionally, Table 13-1 lists MXU as a compatible zoning district for sites designated as NAC future land use.

Figure 3. Future Land Use Designation. 2021 Comprehensive Plan.

2. 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 change in zoning conditions and site plan are suitable and compatible with the developments in the area. This development would complement the recent developments of the Abbington Trail Apartments, and the Silver Comet Village.

3. 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.

Existing uses would not be adversely affected. Currently, this MXU zoned district is predominated by residential use: Abbington Trail and Silver Comet Village, with the Assisted Living component of Silver Comet Trail being considered commercial. The existing uses in the area would be complemented by the development of commercial uses in the form of a hotel, office space and retail space. Additionally, the for-rent townhome concept would be compatible with the densities of the residential uses that currently predominate.

4. Whether there are substantial reasons why the property cannot or should not be used as currently zoned.

The site plan that was last proposed in 2016 (Appendix I) was not developed. Trilogy’s proposal would utilize the remaining undeveloped land in that immediate area, providing commercial uses and residential uses, consistent with the MXU zoning district.

5. 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.

Responding to the City’s request for feedback, the Director of Accountability & Property for Cobb Schools reported that, “the approval of this petition will not have an impact on the enrollment of schools.”

The schools serving the area are reporting under capacity. When reviewing school numbers, it is also important to note that capacity is not the only factor is school impact. Residential growth also leads to school expansion and funding. On 1/20/22 Cobb County Schools reported the following capacity numbers per the City’s request: Powder Springs Elementary 106 seats under capacity; Cooper Middle 106 seats under capacity; McEachern High 93 seats under capacity. However, there may be a need for an analysis of the impact the proposed development might have, given the volume of residential development proposal currently being considered within the city.

Public safety and public utility providers have sufficient capacity to serve the proposed development.

6. 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.

The proposed change in zoning conditions is consistent with the NAC land use designation for the area in the Comprehensive Plan.

7. 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 new site plan proposed represents a suitable use of the site and is compatible with the MXU district and the uses that currently prevail in the area. The changes would promote general welfare and would not adversely affect the use of adjacent property.

RECOMMENDATION: Staff Recommends APPROVAL with the following conditions:

1. All previous stipulations and conditions shall remain in effect, except for those stipulations and conditions modified herein. The development shall comply with all standards of the Unified Development Code unless specifically varied from site plan submitted. Additionally, unless otherwise varied by the current action, all previous conditions and stipulations assigned to the property shall be re-adopted and assigned to the development.

2. The Subject Property shall be developed in substantial conformity with the site plan, prepared by Alliance Engineering and Planning for Trilogy Acquisitions, LLC., dated 01/24/2022.

3. The mixed-use development shall include a maximum of 154 for rent townhome units at a density of 14.01 u/a. The minimum residential floor area shall be: 1636 for two-bedroom units; 1958 for three-bedroom units.

a 120-room hotel of minimum area 60,941 sf; a 25,300 sf office building to include 3100 sf of restaurant space.

4. The applicant shall submit a revised site plan, subject to administrative review and approval, to comply with Fire Marshall, or Cobb County Department of Transportation, or City Development Code, or other requirements and provisions.

5. The setbacks and buffers shall be:

Perimeter Building Setback: 10 feet

Between Buildings: 10 feet.

Perimeter Buffer: 0

Landscape Strip at Road Frontage: 10 feet.

6. The architectural style and composition of the buildings proposed for the Subject Property
shall be substantially consistent with the architectural style that prevails at the adjacent MXU properties. All building elevations shall be comprised substantially of brick or stone on all sides.

7. The proposed multi-family residential units shall have premium, high-end, and luxury features. The entrances to the residential and the amenity areas shall have gates and controlled access.

8. An amenity area shall be provided within the residential component to include a pool and a cabana. No more than 50% of building permits for the residential component will be issued prior to the completion of the amenity, as evidenced by a certificate of completion.

9. Parking shall be consistent with the referenced site plan, which depicts that the minimum number of parking space requirement is provided for the Hotel, Office, and Restaurant components. Parking shall consist of 437 surface parking spaces and 154 garage parking spaces. 154 of the 437 surface parking spaces are provided in the driveways of the residential units. That is, each residential unit shall have one garage space and one driveway space. The residential parking ratio is determined to be 1.9 parking spaces per dwelling unit as dictated by 50% of units are two-bedroom; and 50% are three-bedroom. Parking ratios are determined for two-bedrooms at 1.6 and for three-bedrooms at 2.2; the average of which is 1.9.

Additionally:

a. Driveways for the residential units shall be a minimum of 22-feet in length from the garage to the back of the sidewalk.

b. Surface parking spaces shall be 9’x20’, excluding those in driveways of residential units.

c. Required location of Office and Office/Restaurant parking spaces shall be allowed beyond 300 feet of the building that it serves.

10. Signage for the Subject Property shall consist of ground-based, monument-style signage and building signage consistent with the City of Powder Springs Sign Ordinance. Additionally, within the interior of the site, there shall be appropriately positioned, grade-based directional signage in order to ensure ease of maneuverability and accessibility.

11. The overall lighting plan within the proposed development shall be environmentally sensitive, decorative, and themed to the architectural style and composition of the buildings. Lighting utilized for the development shall be installed to minimize illumination from extending beyond the Subject Property’s boundaries. Security lighting, as well as high-resolution video surveillance cameras shall be installed to address potential security issues.

12. The applicant shall contribute to road improvement initiatives along Richard Sailors Parkway including installation of curb and gutter along all adjacent roadways, where applicable.

13. Given the proximity to the Silver Comet and Lucille Trails, the applicant shall promote alternate modes of transportation by providing bicycle parking distributed throughout the entire proposed development.

14. The applicant shall submit a Landscape Plan as a part of the Plan Review Process, including the following:

a. The Subject Property shall be landscaped in conformity to or exceeding the level of landscaping within this sub-area of the City with respect to existing and mixed-use developments.

b. The inclusion of both intra-parcel and inter-parcel pedestrian connectivity and paths for all walkable areas.

c. Points of ingress/egress with monument-style signage shall be landscaped, lighted and irrigated as appropriate.

15. A professional and certified management company shall be required to manage the for rent townhomes.

16. The applicant shall submit a traffic study to include all proposed uses at the subject site.

17. The applicant shall prepare and submit a stormwater management agreement that provides for the appropriate retention and detention facility operation and maintenance.

18. Within 6 months of this approval or prior to the issuance of a land disturbance permit, whichever occurs first, the applicant shall submit a third-party market analysis that supports the proposed mix of uses on the site.

19. The Applicant shall provide inter-parcel pedestrian and vehicular access between adjacent properties.

20. A sidewalk connection shall be installed along Powder Springs Dallas Road connecting the development to the Lucille Trail. This connection must be complete prior to any certificates of occupancy being issued on the site.

21. The proposed 25,300 sf Office/Restaurant building shall be permitted concurrently with proposed residential component to maintain a suitable land use mix per the MXU standards. Vertical construction of the Office/Restaurant building shall be substantially complete prior to proposed residential component receiving a Certificate of Occupancy.

22. The 120-room hotel development pad and parking lot shall also be permitted concurrently with the residential component. The applicant will have the discretion to determine when to begin vertical construction on the hotel building, however, the development pad and parking lot for the hotel shall be substantially complete prior to the proposed residential development receiving a Certificate of Occupancy.

APPENDIX

I. Exiting approved Site Plan - Approved on June 6, 2016.

II. Stipulations. Change in Conditions and site plan. Approved on June 6, 2016.

All previous stipulations except those modified herein remain in effect. The development shall comply with all standards of the Unified Development Code unless specifically varied from site plan submitted. Additionally, unless otherwise varied by the current action, all previous conditions and stipulations assigned to the property shall be re-adopted and assigned to the development.

• 80 units of senior housing proposed must be vertically integrated with ground level medical office space in a single structure and in substantial compliance with site plan submitted.

• Applicant to submit proposed leasing agreements to demonstrate that occupants of the project will be limited to age 62 and older in accordance with Fair Housing Act, prior to the issuance of a land disturbance permit.

• Proposed hotel site must be permitted concurrently with proposed senior housing to maintain a suitable land use mix per the MXU standards. Vertical construction of hotel site must be substantially complete prior to proposed senior housing and medical office space receiving a Certificate of Occupancy.

• Applicant to contribute to streetscaping initiatives along Richard Sailors Parkway (2 landscaped medians instead of traffic circle) including potential installation of curb and gutter along all adjacent roadways.

• Applicant to comply with Cobb County Department of Transportation recommendations and comments including limiting access along Dallas-Powder Springs Road to “right in, right out” or providing left turn storage into the site. Applicant to submit traffic study including all proposed uses which addresses project and system impacts and improvements to the Cobb County Department of Transportation prior to issuance of a land disturbance permit, if required.

• Within 60 days of approval, developers for this and property adjacent to the east prepare and submit a stormwater management agreement that provides for the appropriate retention and detention facility operation and maintenance.

• Within 6 months of this approval or prior to the issuance of a land disturbance permit, whichever occurs first, the applicant/owner shall submit a third party market analysis in support of the proposal and to support the assertion that the original proposal for a greater mix of uses is not feasible in Powder Springs, subject to review and approval by the City of Powder Springs.

• Applicant/Owner shall provide inter-parcel pedestrian and vehicular access between all properties.

• Parking plan to be submitted, reviewed and approved by Community Development Department prior to issuance of land disturbance permit. Parking plan to demonstrate that no parking areas will be adjacent to public roadways; rather oriented behind the structures as depicted on site plan submitted.

• Additional restaurant space (in excess of amount depicted on site plan submitted) may be considered as part of parking plan to be considered by Community Development Department.

III. Zoning Minutes and Stipulations from original rezoning from CRC to MXU 08.21.2006.