CASE NUMBER: PZ 24-030
APPLICANT: Pastor Anthony Guidry, Intentional Church.
VARIANCE: Change in variance conditions to allow congregation in office/broadcasting suite 155; vary 20% maximum allowed window sign coverage; allow additional suite 180.
LOCATION: 4110 Austell Powder Springs Road, Suites 130 and 155.
ZONING: CRC PIN: 19094600260
STAFF RECOMMENDATION: Denial: Additional Suite 180.
Approval: To allow greater than 20% window sign coverage; and to allow assembly use in suite 155.
BACKGROUND: The applicant, Intentional Church, requests approval for a change in variance conditions related to their existing operations in a commercial retail center located at 4110 Austell Powder Springs Road, within the Community Retail Commercial (CRC) zoning district. The church currently occupies suites 130 and 155, with suite 130 designated for assembly and suite 155 for office and broadcasting uses, as per conditions of a previously approved variance under zoning case number PZ24-022. The current request seeks the following modifications:
1. Permission to allow congregation assembly in suite 155, currently designated for office and broadcasting uses.
2. A variance to allow more than the maximum 20% window sign coverage.
3. Approval to occupy an additional suite, suite 180, for institutional use.
While staff is supportive of allowing greater than 20% window sign coverage and assembly use in suite 155, if the signage is generally transparent allowing public safety to see inside the building, staff is not supportive of the expansion to a third suite for institutional use. The original variance imposed limitations to ensure compatibility with other tenants and mitigate potential impacts related to parking and traffic, and expanding into an additional suite raises concerns regarding these factors. The intent of the conditions of the original approval was to mitigate potential impacts on parking, traffic, and other commercial tenants.
The request for additional space and expanded usage raises concerns about the compatibility of an institutional use across three suites within a commercial retail center, exceeding what was previously deemed appropriate. However, the proposed increase in window sign coverage and flexible use of the existing suite 155 for assembly are considered reasonable within the context of this commercial environment, and the previously issued approval.
Additionally, the city is in receipt of a similar variance request from Ark Ministries to utilize suite 160 for religious and educational uses. That variance application is scheduled to be heard at the November 4 public hearing. The concurrent nature of these requests highlights the need for careful consideration of the cumulative impact of institutional uses within the retail center.
Churches and places of worship are permitted by right in certain commercial districts: O-I, NRC, CRC, and BP. The use requires special use approval in mixed use and residential zoning districts. Churches are subject to the specific use provisions of Sec. 4-170, for all zoning districts. The location of the proposed church does not meet the two (2) acre minimum requirement dedicated solely to the use Section 4-70 (a).
Sec. 4-70. Church or place of worship. (Excerpt)
Churches or places of worship shall be governed by the following requirements:
a. Minimum street frontage. The church or place of worship shall be located on a lot with a minimum of 150' of frontage on a public street with a classification of major or greater.
b. Minimum acreage. The church or place of worship shall be established on a lot having a minimum area of 2 acres dedicated to the use.
c. Buffer. A church or place of worship that constitutes the only principal use on the lot shall provide and maintain a buffer with a minimum width of 50' abutting a residential zoning district. Said buffer shall meet or exceed specifications of article 12 of this development code.
Purpose and Intent of the CRC Zoning District.
The CRC Zoning district is intended to implement the “community activity center” future development established by the Comprehensive Plan. The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market. The CRC district is designated on properties with access to major arterial streets and at intersections or arterial streets with other major streets, where development nodes can be supported by the regional transportation network. The commercial retail center is approximately 5.5 acres located on Austell Powder Springs Road, which is classified as an Arterial roadway. The site consists of an existing commercial building consisting of the following tenants: Barber Shop, Ark Ministries (Not approved), Health and Fitness (not approved), Supermarket (not approved), Grit Fitness (not approved), Dance Studio, Dollar Store, Domino’s Pizza, and the bartending school.
Figure 1. Proposed Window Sign.
Figure 2. Floor Plan to include assembly area. Suite 155.
Figure 3. Floor Plan of sanctuary suite. Suite 130.
VARIANCE ANALYSIS:
The application was reviewed against the following criteria:
Any applicant requesting consideration of a variance to any provision of this development code shall provide a written justification that one or more of the following condition(s) exist. The governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:
(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.
There are no extraordinary or exceptional conditions related to the size, shape, or topography of the property that would justify the requested variance. The property is a standard retail center with adequate space for commercial tenants, and the conditions of use for the applicant’s current suites were established to balance institutional and commercial activities. The site does not present any unique challenges that would require additional suites for institutional use beyond what has already been approved.
(b.) A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.
A literal interpretation of the development code would not deprive the applicant of rights commonly enjoyed by other properties in the district. The applicant already operates within two suites under a previously approved variance, which allows them to conduct their institutional activities. Other properties in the district operate within the commercial zoning restrictions, and the applicant is not being denied any fundamental rights to use the property within those parameters.
(c.) Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located.
Granting the variance for greater than 20% window sign coverage may confer special privileges, as other businesses are not permitted to have greater than 20% window signage, unless a variance is granted. The signage proposed is somewhat open in design, and allows a passerby to still see inside the building. Based on the design of the window signage, staff is supportive of a variance for the referenced suite.
However, granting the variance for additional institutional use in a third suite would provide special privileges not extended to other properties, as the district primarily supports commercial uses.
(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 requested variance to allow greater than 20% window sign coverage is in harmony with the purpose and intent of the development code, as it enhances the visibility of the applicant’s operations without negatively impacting the aesthetics. Additionally, police department has reviewed the request and did not note any issue regarding public safety. This adjustment is unlikely to be injurious to the neighborhood or general welfare.
However, the request to expand the church’s use to a third suite is not in alignment with the development code's intent to maintain a balance between commercial and institutional uses in the CRC zoning district. Expanding into a third suite for institutional purposes could strain shared parking and traffic flow, potentially harming the functionality of the retail center and the general welfare of surrounding businesses.
(e.) The special circumstances are not the result of the actions of the applicant.
The special circumstances are a result of the actions of the applicant. The need for additional space and the request to expand into a third suite stem from the applicant's decision to grow their institutional use beyond what was originally approved. The applicant was aware of the existing conditions and limitations when the previous variance was granted, and the current situation does not arise from any external factors beyond their control.
(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 requested variance to expand into a third suite for institutional use is not the minimum variance necessary to make possible the proposed use of the property. The applicant already has sufficient space within suites 130 and 155 to conduct their religious and broadcasting activities as previously approved. Expanding into a third suite exceeds what is necessary for their operations.
However, the request for increased window sign coverage is a reasonable and minimal adjustment that supports the applicant's visibility without further expansion of their physical footprint.
(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.
A church is a permitted use in the CRC zoning district. However, the site does not meet the two (2) acre requirement solely dedicated to the church as outlined in Section 4-70 of the UDC, which was previously varied by the approval of PZ 24-022, July 15, 2024.
The proposed expansion beyond the two suites already granted would intensify the institutional use, which conflicts with the district's primary intent for commercial purposes. Conversely, the variance for increased window sign coverage does not involve a use that is prohibited by right and aligns with the typical commercial allowances for signage in this zoning district.
STAFF RECOMMENDATION:
Staff recommends denial to the request to occupy a third suite 180 for institutional use:
The original approval under zoning case PZ24-022 allowed Intentional Church to operate within two suites (130 and 155) with clear conditions aimed at minimizing potential conflicts with other commercial tenants, addressing parking concerns, and mitigating traffic impacts. Expanding into a third suite for institutional use would intensify these concerns and create an imbalance between commercial and institutional uses in the retail center, which could affect its viability for businesses.
The intent of the original variance conditions was to limit the scope of the church’s operations to ensure compatibility within the Community Retail Commercial (CRC) zoning district. Allowing the applicant to occupy a third suite could result in further encroachment of non-commercial uses in the center, straining shared parking and impacting traffic flow beyond what was previously contemplated.
Staff recommends approval of the requests to:
1. Allow greater than 20% window sign coverage
2. Allow assembly use in suite 155: While suite 155 was originally designated for office and broadcasting uses, staff believes the request to allow congregation assembly is reasonable, as it allows the applicant greater flexibility without further expansion into additional suites. The suite's location and existing variance conditions ensure that impacts on other tenants and parking remain manageable.
The approval is subject to the following conditions:
1. All conditional of PZ 24-022, approved July 15, 2024, shall remain in effect; except that condition #5 is modified to allow flexible church related uses of suites 130 and 155, and to allow congregation in both suites.
2. Intentional Church shall not occupy a third suite in the Commercial Retail Center at 4110 Austell Powder Springs Road.
3. The variance request to allow greater than 20% window sign coverage is approved, subject to the review and approval of a sign permit by of the Community Development Department. Window sign coverage shall not exceed the signage as shown on the attached plan, dated _________for Suite number _____. No additional wall sign will be allowed for this suite, unless the window sign is reduced to 20% per code.