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File #: PZ 24-037    Version: 1
Type: Rezoning Status: Passed
File created: 10/22/2024 In control: Planning & Zoning Commission
On agenda: 11/4/2024 Final action: 11/4/2024
Title: Rezoning Request. Rezoning Application to consider a change in zoning conditions of PZ22-001, approved 3/21/2022. The property is the Westmont Preserve Subdivision, at Austell Powder Springs Road, Dugger Drive, Smith Drive, and Frank Aikin Road in the 19th District, 2nd Section, Land Lots 1019 and 1020, Cobb County, Georgia.
Attachments: 1. Approved PZ 24-037, 2. Changes in Conditions-Meritage Redacted, 3. Site Plan
Related files: PZ 22--001, RES0 24-134, ORD 22 -001, PZ 24-019

PZ24-037

APPLICANT: Meritage Homes

REZONING REQUEST:  The applicant requests to modify the site plan to create an additional access point on Austell Powder Springs Road.

LOCATION: Westmont Preserve Subdivision, at Austell Powder Springs Road, Dugger Drive, Smith Drive, and Frank Aikin Road.

ZONING:  PUD-R

 

Staff Recommendation:                                            

 

BACKGROUND: 

The original Annexation and Rezoning (PZ22-001) was approved on 3/21/2022, for the development of a single-family subdivision. The applicant removed a cul-de-sac. The applicant requests to modify the site plan to create an additional access point on Austell Powder Springs Road.

The original stipulations of approval prohibited administrative review for additional access points.

 

 

 

 

 

 

 

 

 

 

 

SURROUNDING AREA:

 

 

 

 

 

ANALYSIS:

The application was reviewed against the following criteria:

 

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 zoning designation will remain PUD-R. The request is to modify access points.

 

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 requested change in zoning conditions must be assessed against impacts to traffic. Cobb DOT’s review was not yet completed, and approval not yet issued at the time of drafting this report.

 

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.

Residential uses prevail in the area, along Austell Powder Springs Road.

 

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

Substantial reasons exist for the proposed zoning change to allow the additional access point. It is important to note that this must be assessed regarding potential negative traffic impacts.

 

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.

Public facilities, including roads, utilities, and emergency services, need to provide their assessment and any proposed enhancements to accommodate the additional access. A traffic impact assessment and proposed mitigation measures are critical in determining if and what additional improvements are necessary.

 

 

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 request for an additional access point to is consistent with the approved residential use.

 

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 proposed additional access point poses potentially adverse traffic impacts, and staff has concerns about the traffic safety issues that may arise from additional turning movements along that section of Austell Powder Springs. Mitigating factors need to be assessed.

 

 

RECOMMENDATION: