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File #: PZ 23--007    Version: 1
Type: Special Use Status: Withdrawn
File created: 2/28/2023 In control: City Council
On agenda: 3/4/2024 Final action: 3/4/2024
Title: Special Use Request to allow storage of business inventory within a portion of a residential accessory structure and to conduct sports and academic lessons. The property is located at 3152 Brooks Lane, within land lot 725 of the 19th District, 2nd Section, Cobb County, Georgia.
Indexes: SP - Develop and Promote a Safe City
Code sections: 4-170 - Home Occupations
Attachments: 1. Withdrawal Request Form - redacted, 2. PZ23-007. Withdraw WITHOUT Prejudice. 03042024, 3. PZ23-007. Revised Survey (1) Redacted, 4. Signed PZ 23-007 Tabled to July 17th, 5. Executed Motion PZ 23-007 to table to 05-01-2023, 6. notarized application Redacted, 7. Tabled PZ 23-007 to June 5, 2023, 8. Executed PZ 2023-007 to table to March 4, 2024, 9. Signed, 10. Withdrawn PZ 23-007
Related files: PZ 23--003

CASE NUMBER:   PZ 23-007

APPLICANT: Minh Vy Nguyen and Craig Hawkins

SPECIAL USE REQUEST: Allow the storage of business inventory within a portion of a residential accessory structure and to conduct sports and academic lessons.

LOCATION: 3152 Brooks Lane, Powder Springs, Georgia

ZONING:         R-20                       ACRES:     5.62                   PIN: 19072500120

 

Staff Recommendation:  DENIAL

 

Planning and Zoning Recommendation:

 

BACKGROUND: 

The applicant, Craig Hawkins, has installed a commercial outdoor recreational facility at 3152 Brooks Ln. He is seeking approval to continue the use of the R-20 zoned property. He is also requesting to store business inventory within a portion of the residential accessory structure. He has expressed a desire to provide academic and athletic instructions to youth and wishes to have up to an entire baseball team at the residence.

 

There is currently an artificial turf field and 8 bright LED pole lights installed (Appendix III shows light pollution from Macedonia Road). The non-compliant use has resulted in several code violations and neighbors have complained about the nuisance caused by the intense commercial lighting spilling over into their properties. The presence of the commercial recreational facility (code provisions in Appendix II) at the residential location threatens the character of the existing neighborhood.

 

This special use case was previously tabled because the large accessory structure’s location conflicted with a sewer easement, and CCWS objected to its location. The new location for the large accessory structure, shown in figure 3, conflicts with floodplain development requirements.

 

Said structure was partially constructed without a permit and was recently voluntarily dismantled by the applicant.  After the fact, a variance was granted to allow the accessory structure to exceed 50% of the size of the house (PZ23-003, approved 2/6/23). Additionally, an after the fact stream buffer variance was granted to allow a portion of the accessory structure to encroach into the 75-foot impervious surface setback (PZ23-009, approved 4/17/2023).

 

The Applicant operates a business known as Perfect Swing Tools. Perfect Swing Tools provides instruction to improve swing techniques associated with baseball. The applicant wishes to train an entire baseball team at this location. The proposed use violates several specific use provisions for home occupations in Sec. 4-170 of the Powder Springs Unified Development Code which is attached as Appendix 1.

 

 

 

 

 

 

CODE VIOLATIONS

 

SURROUNDING AREA: The subject site is in a well-established residential neighborhood, where residential uses prevail. A wooded buffer separates the property from commercial uses on Macedonia Road.

 

Figure 1. Zoning Districts. The grey region to the east is residential zoning in the County.

Figure 2. Floodplain impact at 3152 Brooks Lane

 

 

Figure 3. Site Plan. The proposed new location of accessory structure.

 

Figure 4. The existing shed and unpermitted larger partially constructed shed, which was recently dismantled.

 

 

ANALYSIS:

The application was reviewed against the following criteria:

 

1.                     Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?

 

The proposed special use fails to comply with several provisions outlined in the Unified Development Code. Home occupations are expressly prohibited from causing negative externalities, including light and sound pollution, which have been reported by neighboring residents.

 

Furthermore, UDC section 4-170 explicitly prohibits visitation, yet the applicant intends to train an entire baseball team at the facility.

 

The proposed use is essentially an outdoor commercial recreational facility, which is explicitly prohibited in residential districts according to UDC regulations. The unified development code provides that commercial recreational facilities are typically accompanied by substantial off-site impacts. Accordingly, the following regulations are imposed and shall be met for such facilities:  minimum area of 5 (developable) acres, 100-foot building setback, 50-foot undisturbed buffer, a photometric plan to study the impacts of night lighting on neighboring properties, a noise impact study, and a traffic impact study. 3152 Brooks Lane does not meet the minimum requirements for an outdoor commercial recreational facility. 

 

2.                     Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?

 

An outdoor recreational facility threatens to disrupt the tranquility of the established neighborhood.  The proposed artificial turf facility would directly impact the floodplain areas on the property. Artificial turf installations are known to inhibit the growth of native vegetation and ground cover, consequently diminishing riparian quality and increasing potential downstream flood risk. This destruction of vegetation poses a threat to local ecosystems and exacerbates erosion risks, particularly in flood-prone regions. Additionally, illegal clearing and land disturbance activities in the floodplain area adjacent to Macedonia Road have already led to unstable soil conditions, further compounding the potential for erosion and negative impacts on nearby waterways. Artificial turf in these regions would increase storm water runoff and increase potential for downstream flood risk.

 

3.                     Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

 

The proposed special use is inconsistent with the residential uses that prevail in the area. The proposed use is essentially an outdoor commercial recreational facility, which is explicitly prohibited in residential areas.

 

4.                     Is or will the type of street providing access to the use be adequate to serve the proposed special use?

 

The street serving 3152 Brooks Lane is inadequate for the proposed use. The section of road that accesses the developable area of the property is a dead-end gravel drive. Cobb’s Fire Marshalls Office responded to request for comments, and stated that:

All access roads shall meet the American Association of State and Highway Transportation Officials (AASHTO) design manual live load standard HS20 (75,000 lbs.) with an unobstructed width of not less than 20 feet, 25 foot inside radius, 50 foot outside turning radius and unobstructed vertical clearance of not less than 13 feet 6 nches. (Cobb County Development Standards 402.11)

Dead-end access roads more than 150 feet shall be provided with a turn-around (IFC Chapter-5, 120-3-3 Rules and Regulations, CCDS Section-401 & 402). Refer to APPENDIX-D for dimensional criteria for turn-arounds in commercial developments. (Excerpt)

 

5.                     Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

 

No. Given that the property will be used commercially, the existing standards do not comply with minimum requirements for emergency access, as detailed in response 4 above.

 

6.                     Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?

 

Public utilities and emergency services are adequate to serve the proposed special use.

 

7.                     Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare, or odor?

 

Light and sound pollution from the proposed baseball practice facility have demonstrably impacted residents, as evidenced by numerous complaints received by staff. The lighting is clearly visible from Macedonia Road.

 

Additionally, the property does not have ample parking on site to accommodate up to an entire baseball team.

 

8.                     Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

 

The proposed special use will have detrimental impacts on the environment and surrounding community.

 

 

9.                     Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

 

No other properties in the area have large accessory structures, nor sports practice facilities installed. 3152 Brooks Lane is unique for the area in its size and shape, but this is because the site is severely encumbered by stream buffers and floodplain.

 

The undeveloped areas of the property are suitable for conservation. If this site was developed under current regulations, staff would stipulate that no development shall occur in the impacted area, and that the impacted areas be placed in a conservation easement and separated from the developable area by a split rail fence so that homeowners would clearly understand that development activity was prohibited.

 

 

 

 

STAFF RECOMMENDATION:  DENIAL

 

In consideration of the adverse impacts to the character of the existing residential neighborhood; environmental concerns due to astro turf killing native vegetation in flood prone areas, and soil erosion due to the illegal clearing of woods in the floodplain; violations of UDC regulations; and the incompatibility of an outdoor commercial recreational use in residential areas; it is the staff's recommendation to deny the special use request for the establishment of an artificial turf baseball practice facility at 3152 Brooks Lane, and for the storage of commercial materials in the residential accessory structure.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I.

 

 

Sec. 4-170.  Home Occupation.

 

Home occupations may be established in a dwelling as an accessory use to a dwelling as provided in permitted uses requirements for the zoning districts established by this development code (see article 2), subject to compliance with the requirements of this section. The failure to meet one or more of these requirements at any time shall be unlawful and shall be grounds for the city to immediately revoke business registration.

 

There shall be no exterior indication that the business activity is taking place, including no activity or display associated with the home occupation outside of any building or structure.

 

(a)                     Required registration and/or license. Any occupational license, including business registration, required by state or city regulations must be obtained. 

 

(b)                     Physical limit. The floor area devoted to the home occupation shall not exceed 25 percent of the gross floor area of the dwelling unit or 500 square feet, whichever is less. This limitation applies to the aggregate floor area of all areas devoted to the home occupation, whether located within the dwelling or in an accessory structure.

 

(c)                     Alteration of exterior of building. The exterior appearance of the dwelling must remain that of a dwelling. No external alterations inconsistent with the residential use of the building shall be permitted.

 

(d)                     Vehicles. Vehicles kept on site in association with the home occupation shall be used by residents only, except for the parking of employees as may be permitted by this section.  Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation. Commercial vehicles are not permitted.

 

(e)                     Visitations. There shall be no visits by clients or patrons permitted in conjunction with a home occupation; provided, however, that the following exceptions are made for purposes of meeting overriding public goals of education and the care of children: instruction in music, dance, arts and crafts, and similar subjects, limited to two students at one time; and a family day care home, as defined by this unified development code. 

 

(f)                     Incoming vehicles. Incoming vehicles related to the home occupation, if any, shall at all times be parked off-street within the confines of the residential driveway or other on-site permitted parking.

 

(g)                     Transport of goods. The transporting of goods by truck in connection with a home occupation is prohibited. There shall be no goods, products, or commodities received on the premises intended for resale or delivery to customers except by U.S. Mail, parcel service, or personal delivery, in which case there shall be no more than 12 deliveries or pick up of items per month in conjunction with a home occupation.

 

(h)                     Sale or display of goods or merchandise. There shall be no display, and no stock-in-trade nor commodity sold on the premises, in connection with a home occupation.

 

(i)                     Signage. There shall be no signs permitted in conjunction with a home occupation, although this limitation shall not preclude the property owner from erecting one or more signs permitted on the lot pursuant to article 7 of this unified development code.

 

(j)                     Employees. Only occupants of the dwelling and one additional full-time employee or two part-time employees shall be authorized to work on the premises in connection with a home occupation. 

 

(k)                     Externalities and nuisances. No home occupation shall generate traffic, sound, odor, vibration, light, or dust that is offensive or that creates a nuisance as detectable at any property line. Home occupations must exclude the use of machinery or equipment that emits sound (e.g., saws, drills, musical instruments, etc.) that is detectable at any property line.

 

(l)                     Uses specifically prohibited. The following uses are specifically prohibited as home occupations: auto sales or auto repair; restaurants; animal hospitals, veterinary clinics, kennels, or the keeping of animals; funeral homes; retail or wholesale establishments; machine shops; personal service establishments (excluding beauty salons); special event facilities; and lodging services.

 

(m)                     Approval. All home occupations shall be subject to the approval of the community development director. The applicant for a business registration shall file for approval from the community development director on forms provided by the community development director. Additional information, including a site plan of the lot on which a home occupation is proposed, may be required by the director, along with information describing the nature of the home occupation.

 

(n)                     Variations. The provisions of this section may be varied pursuant to application by the property owner for a special use, as specified in this development code.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix II.

 

Sec. 4-85. Commercial recreation facility, outdoor.

Outdoor commercial recreational facilities, as defined, are typically accompanied by substantial off-site impacts. Accordingly, the following regulations are imposed and shall be met:

(a)                     Minimum area. Such uses require a minimum lot area of 5 acres.

(b)                     Hours of operation. Unless otherwise specifically provided for in special use approval, the hours of operation of an outdoor commercial recreation facility shall be limited to time between 8:00 a.m. and 11:00 p.m.

(c)                     Setback and buffer. A minimum building setback of 100', and a natural undisturbed buffer replanted where sparsely vegetated of at least 50' adjacent to side and rear property lines. Greater setbacks and larger buffers may be imposed during special use approval.

(d)                     Outdoor lighting. Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and compliance with the outdoor lighting requirements of this development code.

(e)                     Noise impact study. A written evaluation of noise impacts is required at the time the following uses are considered: stadiums, amphitheaters, outdoor firearms shooting ranges, and race tracks for animals and motor driven vehicles, and may be required for other uses via special use approval. Such projects may be required to construct noise attenuation walls or otherwise address off-site noise impacts. Loudspeakers/paging systems are prohibited when the facility abuts a residential use or a residential zoning district, unless provided otherwise via special use application or approval.

(f)                     Traffic impact study. Traffic impact statements are required for stadiums, amphitheaters, racetracks for animals or motor-driven vehicles, and recreational vehicle parks and may be required for other uses via special use application or approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix III. Commercial grade lighted artificial turf baseball field.

 

 

 

 

 

Appendix IV. A section of the cleared wooded area within the floodplain near the Macedonia Road Frontage.

 

 

 

 

 

 

 

 

 

 

 

 

Appendix V. Cobb FMO Comments.