CASE NUMBER: PZ 22 - 004. Rezoning: Story Road.
APPLICANT: David Pearson Communities, Inc. Represented by Kevin Moore.
PETITION: Annexation and Rezoning: To annex into the City of Powder Springs and rezone from R-30 in the County to R-15 Conservation in the City. Annexation Ordinance #: ORD 22 - 002.
LOCATION: 5550 and 5556 Story Road, within land lots 820, 821, 883, 882 of the 19th District, 2nd Section, and Cobb County, Georgia.
ZONING: R-30 (County ACRES: 49.77 acres PINs: 19088300010 (portion), 19088300150.
VARIANCES REQUESTED: Variance requests to be heard separately via the planning and zoning process. Approval of Variances will not be included with the rezoning request approval, as is the case for PUD-R rezoning requests.
1. Table 2-2 to reduce side setbacks from 10 feet to 5 feet.
2. Sec. 15 - 108 (a) to reduce the minimum required conservation area for a Conservation Subdivision from 40% to 20%.
STAFF RECOMMENDATION: APPROVAL
PLANNING AND ZONING COMMISSION RECOMMENDS DENIAL
BACKGROUND: The applicant proposes to develop 117 residential units at a density of 2.35 units per acre. The total tract acreage is 49.77 acres and the total open space to be placed in conservation is 10.45 acres (21%). The county initially objected to the annexation on the grounds that the initial site plan had a proposed density of 3.33 units/acre, which exceeded the density cap for the area of 2 units/acre. The county's future land use designation for the area is Very Low Density (VLD), and per the HB 489 agreement, a density cap of 2.3 units/acre is allowable with 20% of the site placed in conservation. The applicant subsequently resubmitted the petition to annex and rezone. The notice of non-objection to the annexation petition, has been received from the County.
The City's storm water engineer, Jennifer Kobylus, conducted a state waters determination at the proposed site and noted that several aquatic features were identified on the site that were not noted on the property survey, nor in the aquatic resources report. She recommended that further field investigation throughout the site by the environmental consultant is needed.
An assessment of housing sales data provided by MarketNsight shows that the demand for single family housing in the McEachern High school district far outstrips the available inventory of new and existing homes. Assessing a trailing 12month of sales data reveals that this market had 0.9 months of supply - 6 months of housing inventory supply is the indication of a balanced market. The report shows a supply deficit of 337 units, with a total inventory of 55 units. In summary, these findings provide a clear indication that the market will absorb the additional supply of housing units.
Furthermore, analysis included in the recent update to the city's Comprehensive Plan indicate that the city can support growth in residential development. The comprehensive plan analyses projected that 1,525 additional units could be developed if all remaining land within residential and mixed-use zones were fully developed at permitted densities. Note that the rezoning under consideration here is for lands to be annexed that are currently outside the city limits.
SURROUNDING AREA: Residential uses predominate in the surrounding area. The Cameron Springs Subdivision, zoned R-15 (Cluster, City) is adjacent to the north and east along Story Road. Adjacent to the east is the Jones Reserve Subdivision - Conservation Subdivision zoning in the county. Adjacent to the South is the Powder Springs Chase Subdivision - R-30 (County). Adjacent to the west are large residential lots with frontage on Hiram Lithia Springs Road, zoned R-30 (County).
Figure 1. Zoning Districts. R-15 Cluster zoning (light yellow to the North - Cameron Springs) predominates within the City to the north. R-30 predominates in the county to the east and south. Green represents Conservation Subdivision zoning in the county. Purple represents HI zoning in the county.
Figure 2. Site Plan
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 future land development designations of the subject site is Suburban Residential (figure 3). The proposed development, with 10.45 acres (21%) to be conserved, is supported by the comprehensive plan.
The R-15 zoning district is shown in UDC Table 13 - 1, as consistent with Suburban Residential future development categories.
Figure 3. Future Land Development Map. Subject site outlined in red. Source: Comprehensive Plan 2021.
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 zoning district is suitable and consistent with the general pattern of development in the area. However, the proposed front setback of 15 feet is not consistent with the three adjacent subdivisions: Cameron Springs has 35' front setback; Jones Reserve is zoned Conservation Subdivision(county) and has 20' front setback; Powder Springs Chase Subdivision has 35' front setback.
Section 15 -105 provides that that no front or rear setback shall be less than 50% of the front or rear setback required for the zoning district in which the conservation subdivision is located. In this case of the front setback proposed is 15 feet, where a minimum of 17.5 feet is required.
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.
The proposed development will not adversely impact adjacent or nearby properties, since detached single-family residential uses prevail in the area.
4. Whether there are substantial reasons why the property cannot or should not be used as currently zoned.
As currently zoned the property can be developed at a maximum density of 2 units per acre. There are no substantial reasons why the property cannot be used as currently zoned. However, the natural features inherent to this location positions the site as a good candidate for the conservation subdivision designation. The applicant proposes preserving open space and providing recreational features and amenities that take advantage of the natural resources unique to this site. The purposes of the conservation subdivision:
To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure; to provide a by-right use as of right in selected residential zoning districts that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land; to preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, stream, steep slopes, woodlands and wildlife habitat; to permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development; to reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development... Sec. 15 -105
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.
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.
Cobb County Water Systems (CCWS) indicated that service to the subject site is provided by an existing water main, and that there is sufficient capacity at the South Cobb WRF where the wastewater for the subject site will be treated.
Cobb Fire indicated that site plan must be updated to comply with the provisions of Appendix D to include two separate and approved fire apparatus access roads.
Cobb Storm Water indicated that impervious coverage for the storm water management design should be based on the 35% max impervious coverage of a standard R-15 lot (15000 sf). For this project the impervious coverage design should be based on 5250 sf per lot.
Full details on the feedback received from the county is included here in the appendix and in the attached notice of non-objection.
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 use is supported by the comprehensive plan, to the degree that it aligns with the future land use designation for the area. This area is not specifically called out as a redevelopment area, nor is there a concept plan for the area in the comprehensive plan.
Additionally, the subject site is called out in Phase 2 of the Comprehensive Plan's Annexation 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 development of a residential subdivision at the subject site would improve general welfare and not negatively impact adjacent users, nor restrict usability of nearby parcels.
PLANNING AND ZONING COMMISSION RECOMMENDS DENIAL.
RECOMMENDATION: Staff recommends APPROVAL with the following conditions:
1. The stipulations and conditions set forth herein shall replace and supersede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter of the above-captioned Application for Rezoning. The rezoning is from Single-Family Residential (R-30, Cobb County) to R-15 Conservation in the City on property located at 5550 and 5556 Story Road, with total site acreage of approximately 49.77 acres.
2. The Subject Property shall be developed in substantial conformity to that certain revised site plan, prepared by Centerline Surveying and Land Planning David Pearson Communities, Inc., dated 12/06/2021. A modified site plan shall be submitted for Administrative Review if it is determined that additional State Waters are located on the site.
3. All areas located in the undisturbed stream buffer shall be placed in a conservation easement. A split rail fence and sign delineating the stream buffer shall be required where back yards meet the undisturbed stream buffer.
4. An open space management plan shall be prepared and submitted by the subdivider and must be approved by the community development director prior to the issuance of a development permit for the conservation subdivision.
5. The construction of a maximum number of 117 single-family residential homes at an overall maximum density of 2.35 dwelling units per acre.
6. The setback are as follows:
Front: 17.5 feet from right-of-way. Front setbacks shall be staggered throughout the development subject to staff approval.
Side: 10 feet. A minimum side setback of 5 feet is permitted only on lots with house elevations for 3 car garages, and otherwise a distance of 15 feet is required between structures.
Rear: 20 feet
7. Lots with 5-foot side setbacks shall require a series of surface inlets to catch down spouts that release into the HDPE pipe located along the rear property line or into constructed swale. All homes shall have similar directional swales or pipes provided, as depicted on lot detail plan showing typical storm water flow patterns, dated 2-18-22.
8. The architectural style and composition of the homes shall consist of traditional architecture on all sides. Variety in the neighborhood will be provided by the use of stone and brick of different shades.
All elevation shall contain no less than 50% brick on the front fa?ade.
All side and rear elevation visible from the right-of-way shall contain brick or stone no less than 50% where exposed to the right-of-way.
A brick water table shall be required on the side elevations of all internal units.
9. The amenities package within the proposed subdivision shall be of a premium standard, and shall consist of active and passive recreation. The amenities package shall be subject to administrative review and shall contain the following minimum requirements:
i. A clubhouse to contain premium features such as: an event room, a kitchen, co-working office space, a fully equipped fitness center, restroom facilities, and pool related space. The exterior of which shall be consistent with that specified for the homes.
ii. A pool
iii. Two (2) lighted tennis courts, or a full-sized basketball court, or pickle ball courts.
iv. The open space shall be used for active and passive purposes, including nature trails, pocket parks, picnicking, and like purposes. Any such nature trails shall consist of natural materials, ex. mulch.
10. No more than 50% of building permits for the subdivision will be issued prior to the
completion of the amenity, as evidenced by a certificate of completion.
11. All areas located in the undisturbed stream buffer shall be placed in a conservation easement. A split rail fence and sign delineating the stream buffer shall be required where back yards meet the undisturbed stream buffer.
12. The creation of a mandatory Homeowners' Association ("HOA") and the submission of Declaration of Covenants, Conditions and Restrictions ("CCRs") during the Plan Review process, which shall include, among other components, strict architectural controls. The mandatory HOA shall be responsible for the maintenance and upkeep of fencing, landscaping, open space areas, sidewalks, community areas, stormwater detention and/or water quality ponds, lighting, the entrance to the Residential Community and any amenities.
13. The submission of a landscape plan during the Plan Review process which shall be subject to review and approval by the Community Development Director. Additionally, the landscape plan shall include, but not necessarily be limited to, the following:
a. Landscaping and screening around the proposed detention and water quality areas with Cryptomeria, Arborvitae and/or other evergreen trees.
b. A twenty foot (20') undisturbed buffer around the perimeter of the Subject Property.
c. Compliance with landscape section renderings/elevations which will be submitted under separate cover during the Plan Review process.
d. The landscape plan, which shall be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed Horticulturist and shall identify open space areas; landscaped common areas; and other components of the proposed Residential Community which will be further identified during the Plan Review process.
e. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.
f. Entry signage for the proposed Residential Community shall be ground-based, monument-style, landscaped, lighted and irrigated.
g. The installation of landscaped front, side, and rear yards.
h. Compliance with the City's current Tree Preservation & Replacement Ordinance and substantial conformity to all tree protection measures and the adherence to same during the construction and build out of the Residential Community.
14. A third-party management company shall be hired to manage the day-to-day operations of the HOA and shall also be responsible for the management of all Association monies as well as insuring that the Association is properly insured until such time as the HOA makes a determination that it can undertake such responsibilities.
15. Subject to recommendations from the City of Powder Springs Engineer and/or the City's consultants concerning hydrology, stormwater management, detention, water quality and downstream considerations, including recommendations regarding the ultimate positioning and configuration of on-site detention and water quality. Also, compliance with the following engineering considerations:
a. Providing the City Engineer and/or the City's consultants with a Hydrology Plan for the Subject Property during the Plan Review process.
b. Verifying all points of discharge with respect to detention/water quality.
c. Compliance with the protections required under State and Local Law concerning adjacent and on-site streambank buffers.
16. The Community Development Director shall have the authority to approve minor modifications to these stipulations, the architectural renderings/elevations, the site plan and the overall proposal as it proceeds through the Plan Review process and thereafter except for those that:
a) Increase the density of the Residential Community.
b) Relocate a structure closer to the property line of adjacent property which is zoned the same or in a more restrictive zoning district.
c) Increase the height of a building which is adjacent to property which is zoned in the same or more restrictive zoning district.
d) Change access locations to different rights-of-way.
17. Site Plan must be consistent with R-15 Conservation regulations and all other applicable regulations identified in the Unified Development Code.
18. Road frontages will be heavily and professionally landscaped which may include the use
of berms, fencing, and substantial plant material to provide for visual screening.
19. All perimeter and roadway buffer areas will either be owned by the HOA or deed
restricted with maintenance easements in favor of the HOA.
20. Declarant or any builder construction homes within the proposed community must sell
any such home for owner occupancy only. Thereafter, leasing of any units within the
entire development, with a minimum lease term of one (1) year. The mandatory
homeowners association must maintain records dealing with any lease withing the
Development, and such records shall be subject to review by the City of Powder Springs
personnel with regard to enforcement of this provision limiting the total number of
leases within the Development to no more than 5%. The homeowner association shall
agree to provide, upon request to the City of Powder Springs, and all information
relating to existing leases at the time of anu such request by the City. The City shall be
named a third-party beneficiary entitles to enforce this provision of the covenants.
21. Traffic impacts will be reviewed as part of the Land Disturbance Permit process. Applicant agrees to offsite improvements necessitated by this development.
22. If the development on the site stalls for a period of 6 months or more, the site be replanted per a plan approved by the Community Development Director showing compliance with minimum tree canopy, street trees and buffer requirements.
APPENDIX - COUNTY COMMENTS