City of Powder Springs - File #: PZ 24-007

• File #: PZ 24-007
• Version: 1
• Type: Rezoning
• Status: Passed
• File created: 2/6/2024
• In control: City Council
• On agenda: 6/17/2024
• Final action: 6/17/2024
• Title: Rezoning Request for an approximate 16.57-Acre Tract from R-20 to MXU (City). The property is located at east side of Ernest Barrett Pkwy within Land Lots 765, 19th District, 2nd Section, Cobb County, Georgia. PIN: 1907900010 (portion). Applicant: Vida Companies, LLC.
• Indexes: MIT FY 23 - Prepare for Growth and Development (infrastructure in place; annexation; curb cuts, recycling; signage)
• Related files: RPT 24-065

Date	Ver.	Action By	Action	Result
6/17/2024	1	City Council	approved	Pass
5/20/2024	1	City Council	tabled	Pass
4/15/2024	1	City Council	tabled	Pass
4/1/2024	1	City Council	tabled	Pass
3/25/2024	1	Planning & Zoning Commission
3/4/2024	1	City Council	tabled	Pass
2/8/2024	1	Planning & Zoning Commission

CASE NUMBER:   PZ 24-007

APPLICANT:  Vida Companies, LLC. represented by Parks Huff.

REZONING REQUEST: Rezone from R-20 (County) to MXU (City).

LOCATION:  East side of Ernest Barrett Pkwy within Land Lots 765, 19th District, 2nd Section, Cobb County, Georgia.

ZONING:  R-20 Cobb County.    ACRES: 16.57-Acre.     PIN: 19079000010 (portion)

Staff Recommendation:  APPROVAL                                          Planning and Zoning:

BACKGROUND:  Vida Companies, LLC, is noted as a best-in-class multifamily (BFR), and mixed-use property developer and advisor, known for innovation, quality, and stewardship of the communities in which they work. Vida is headquartered in Atlanta and is active throughout Atlanta and Savannah.

Request Summary

•                     Annexation: The applicant proposes to annex the subject property from Cobb County into the City of Powder Springs.

•                     Rezoning: The applicant requests to rezone the property from R-20 (County) to MXU (City).

Existing Conditions

•                     The property is undeveloped and consists of open land and wooded areas.

•                     Contiguous to the city via the recent annexation at Barrett Pkwy and Macedonia Road.

•                     Commercial uses prevail in the area along Barrett Pkwy, and Powder Springs Road.

•                     The site is located north of powder springs Road, on the east side of Barrett Pkwy, and opposite the intersection of Macedonia Road on Barrett Parkway. In the vicinity of Walmart.

•                     Currently zoned R-20 in Cobb County. Detached single-family residential prevails adjacent to the west.

•                     The surrounding area to the east within the City of Powder Springs is MXU; which is the future development site for:  58 detached single-family units, 100 townhome units, 288 multifamily units, and 8000 square feet of retail.

Proposed Development

•                     300 apartment units. 4 Story and 4/5 Split story buildings.

•                     44 townhome units.

•                     7000-sf of Commercial Space at the southern section of the site.

•                     See figures 3 through 5.

Consistency Comprehensive Plan and Zoning Ordinances

•                     Comprehensive Plan: The proposed development aligns with the Comprehensive Plan’s goal to: Develop quality, diverse housing that can attract a wide range of people and lifestyles.

•                     Zoning Ordinance: The proposed multifamily, attached single-family, and commercial use is consistent with permitted uses in the MXU zoning district.

•                     The proposed setbacks and dimensions are compliant with the provisions of the UDC.

•                     The proposed site plan has 445 spaces provided, which is compliant with the UDC.

Potential Impacts

City’s Eastern Gateway: The development will expand the city’s footprint on Barrett Pkwy, where higher density residential city developments are planned, or proposed.

Traffic: The development is expected to generate additional traffic. A traffic impact study should be conducted to assess the impact and propose mitigation measures.

Public Services: The development will require additional city public services such as police and refuse collection. The applicant’s development plans are expected to demonstrate that planned and existing infrastructure (ex. roads, stormwater, streetlighting, signage, etc.) will adequately serve the development. These will be reviewed and approved during the permitting process.

Environmental: The developments’ environmental and stormwater impact and mitigation measure will be reviewed at the time of Land Disturbance Permitting.

FISCAL IMPACT:

<< Revised Fiscal Impact Study Pending >>

Figure 1. Cobb County Zoning Districts.  Red: CRC. Yellow: R:20

Figure 2. Vicinity Map

Figure 3. Site Plan

Figure 4. Apartment Elevations

Figure 5.Townhome Elevations

ANALYSIS:

The application was reviewed against the following criteria:

a.                     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.

The Subject Property is located in unincorporated Cobb County and is also included in a contemporaneous Annexation Application with this Rezoning Application.  The Cobb County Future Land Use Map (“FLUM”) delineates the Subject Property as being within the confines of two land use categories:  Neighborhood Activity Center (“NAC”); and Community Activity Center (“CAC”).  The City of Powder Springs FLUM indicates nearby properties in the City of Powder Springs to the west are delineated as being in the Retail Commercial, Parks/Recreation/Conservation, Mixed Use, Low Density Residential, and Medium Density Residential land use categories.  The proposed Conditional MXU zoning district and the proposed uses contained and embodied within the Applications will constitute a transition from typical single-family development along Ernest Barrett Parkway to the proposed mixed use residential and commercial development approaching Macedonia Road’s intersection with Ernest Barrett Parkway.

b.                     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 zoning proposal will permit a use of the property which is suitable in the context of development and existing zonings which are in direct contiguity or adjacent to the Subject Property and along the Macedonia Road and Ernest Barrett Parkway.

c.                     Whether the existing use or usability of adjacent or nearby property will adversely affected by one or more uses permitted in the requested zoning district.

The zoning proposal will have no adverse effect or impact upon the existing uses or usability of adjacent or nearby properties, the preponderance of which are residentially zoned and which transition to commercial southward on Ernest Barrett Parkway.   Nearby properties within the City of Powder Springs have varying densities for MDR and LDR residential zonings.

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

The Subject Property to be affected by the Annexation and Rezoning proposal has limited reasonable economic use as currently zoned in that the fair market value of same falls below the range of values of similarly zoned and situated properties with equivalent utility.  Additionally, the present owners of the Subject Property are suffering a significant economic detriment by virtue of the continuation of the present R-20 zoning classification.  Additionally, the Annexation and Rezoning of the Subject Property for mixed use residential and commercial retail will present a unique and appropriately positioned use that brings a combination of parcels into a consolidated residential and commercial retail development in what could otherwise now be developed for residential and commercial within unincorporated Cobb County.

e.                     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 zoning proposal will have no adverse impact upon the existing infrastructure including, but not limited to, existing streets, fire and police protection, transportation facilities, utilities or schools. 

f.                     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 mixed use residential and commercial retail use will occupy a section of Ernest Barrett Parkway north of a major signalized intersection which will have ingress and egress from an Arterial right-of-way (Ernest Barrett Parkway) and will provide an appropriate transition in intensity in all directions. 

g.                     Whether the proposed zoning district of MXU 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 mixed residential and commercial retail proposal is balanced between the proposed zoning classification and the uses of the subject property and the proposed uses’ impact to the public’s health, safety and general welfare, all of which is beneficial from a land use perspective.

STAFF RECOMMENDATION: 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.

2.                     The Subject Property shall be developed in substantial conformity to that certain conceptual site plan, dated October 17, 2023, prepared by Geheber Lewis Associates, and inclusive of City Staff and TSW recommendations.

3.                     Residential Component: The construction of a maximum number of  44 townhomes, 300 multi-family units. Commercial Component: The construction of a minimum 7,000-sf of retail space.

4.                     The subject property shall be submitted for subdivision within 12-months of City Council’s approval, and prior to the issuance of the Land Disturbance Permit. The Land Disturbance Permit for multi-family and commercial tracts shall be filed and completed as a single LDP.

5.                     The architectural style and composition of the homes shall be thematically and stylistically aligned and consist of traditional architecture on all sides in substantial conformity to the revised architectural renderings/elevations being submitted concurrently herewith. The side elevations of townhome unit rows shall have a minimum of 50% brick where visible from the right-of-way, and a minimum of brick or stone water table otherwise.

6.                     Electric Vehicle (EV) Charging. Residential garages within the townhome components shall be pre-wired with the minimum standards or better for level 2 EV charging capability with NEMA 14-50 receptacle. The multifamily and commercial components shall have industry leading electric vehicle charging stations installed, the minimum number of which to be at least 10% of the total number of multifamily apartment units, with a minimum of 4 located on the commercial parcel.

7.                     Stormwater management facility must be installed underground.

8.                     The applicant agrees to dedicate to the southern tip of the parcel below the proposed commercial building to the Development Authority of Powder Springs.

9.                     The applicant agrees to provide a sign easement for a City of Powder Springs gateway sign on Barrett Parkway. To accommodate the sign, an area of 30’ x 30’ is required. Water and electrical service must be supplied and stubbed up to this easement from the developer. The city will establish its own meter at sign for city electrical services.

10.                     The building setbacks shall be as indicated below. Any building locations changes deviating from the attached site plan, dated October 17, 2023, prepared by Geheber Lewis Associates, but consistent with the approved setbacks shall be considered administratively and not require Council approval.

1.                     Perimeter.

30’ minimum setback from property lines.

2.                     Internal.

20’ minimum side setback from right of way.

20’ minimum between multifamily and townhomes buildings.

70' minimum between multifamily buildings.

3.                     Townhome.

30’ minimum between townhome buildings.

4.                     Commercial Building. 

40’ minimum front setback from Barrett Pkwy property line.

11.                     A professional and certified third-party management company is required to manage the townhomes and multi-family components.

12.                     The Community Development Director shall be notified in advance of any changes to the management company of the multi-family and townhome components.

13.                     The submission of a landscape plan is required during the Plan Review process which shall be subject to review and approval by the Community Development Director and/or designee. The landscape plan shall include, but is not  limited to, the following requirements:

a.                     Landscaping and screening around the proposed stormwater detention and water quality areas with Cryptomeria, Arborvitae and/or other evergreen trees, and/or bushes. Also where possible to do so and following Staff direction, the utilization of natural/existing vegetation where feasible.

b.                     A landscape screening, vegetative buffer around the perimeter of the Subject Property which has contiguity to existing residential developments.

c.                     The landscape plan 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.

d.                     The installation of underground utilities and the utilization of decorative lighting themed to the architectural style and composition as above mentioned.

e.                     All HVAC, mechanical systems and home utilities within the community shall be

located in the rear to the greatest extent possible, or screened by way of fencing and/or landscaping, subject to staff approval.

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 and attendant irrigation components where indicated by the Arborist.

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 three. Clearing shall be conducted in phases in compliance with the provisions of the UDC.

14.                     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, ground-based directional signage in order to ensure ease of maneuverability and accessibility.

15.                     Parking shall be consistent with the referenced site plan, which depicts that the minimum number of parking space requirement is provided for the Residential and Commercial components.

Additionally:

a.                     Driveways for the townhome residential units shall be a minimum of 22-feet in length from the garage to the back of the sidewalk. Covenants for management company must include language that states that vehicles shall not be parked in a manner that will encroach in the sidewalk.

b.                     Multi-family and commercial surface parking spaces shall be 9’x20’.

c.                     Bicycle parking racks shall be located at the amenity areas and distributed throughout the development. At minimum of 6 bicycle parking U racks are to be provided.

16.                     Approval is 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.                     Compliance with City Engineer’s requirements for low impact design and bio retention, to include runoff capture or infiltration practices into the site either upstream of storage facilities or integral with grading and drainage and/or pavement and /or landscaping.  These practices need to be integral with the site layout, for example: islands within the parking lot for bioretention etc.  At the time of design and plan production the applicant will be within the 1-mile of an impaired stream, therefore the applicant shall provide 4 additional BMPs in Appendix 1 checklist.

c.                     Verifying all points of discharge with respect to detention/water quality.

d.                     Compliance with the protections required under State and Local Law concerning adjacent streambank buffers and an agreement that there has been no “buffer averaging”.

e.                     Impervious surface calculations shall not exceed 50% of the total site area pursuant to and in accordance with UDC requirements and as shown on the revised site plan.

17.                     Compliance with the recommendations from the City’s Engineer and/or Consultants with respect to Public Works and traffic/transportation issues, as follows:

a.                     Streets shall be built to the City of Powder Springs’ Design and Detail Standards, including the construction of sidewalks on both sides of the interior streets.

b.                     The interior streets shall be designed to provide appropriate access and maneuverability for public safety services and vehicles. Notwithstanding the preceding, any alley shall accommodate police and sanitation vehicles.

c.                     Compliance with the Fire Marshall’s recommendations with respect to Life Safety & Fire Prevention Issues during the Plan Review process.

d.                     The Single-family Residential, and Townhome Communities shall have public streets and the Multifamily Residential Community shall be gated and subject to UDC requirements for gated communities.

18.                     Common Open Space areas, amenities, mail kiosks, and all of the various components for common and public use as described above shall be constructed in compliance with ADA regulations with respect to accessibility and related factors.

19.                     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.

20.                     Traffic impacts will be reviewed as part of the Land Disturbance Permit process. Applicant agrees to offsite improvements necessitated by this development.

21.                     No less than 7,000 square feet of the commercial component shall be permitted concurrently with the proposed residential component. No more than 50% of the total number of dwelling units authorized in the MXU development shall receive Certificates of Occupancy from the city until the completion of the Commercial building, evidenced by a certificate of occupancy for shell condition. The MXU development shall not receive final certificate of occupancy until the standalone commercial building pad is graded, and utilities stubbed up and tied into all electrical, plumbing and stormwater infrastructure.

22.                     No more than 50% of certificates of occupancy for the Multi-family and townhome buildings will be issued prior to the completion of amenity building and pool, as evidenced by certificates of completion.

23.                     If the development on the site stalls for a period of 6 months or more, as evidenced by a lack of issuance of building permits and inspections requests as would be normal for building construction to proceed to certificate of completion, the site shall be replanted per a plan approved by the Community Development Director showing compliance with minimum tree canopy, street trees and buffer requirements.

24.                     Pedestrian access shall be provided throughout the development. A pedestrian connectivity plan shall be included with the land disturbance plan clearly showing connectivity throughout the development.

25.                     The central green areas of the townhomes; and open spaces near multifamily developments, shall be graded to allow usable green spaces.

26.                     The Declaration of Covenants, Conditions and Restrictions (“CCRs”) shall contain a provision that, Workforce Housing Credit (“WHC”) shall be provided in accordance with the following provisions, for the multifamily development, in compliance with UDC Sec. 4-325: 

i.                     Workforce credit shall apply to 3% of the total units, which shall be spread approximately pro rata across all unit types (# of bedrooms).

ii.                     Qualified Tenants must be employed by the City of Powder Springs, Cobb County or another municipality located within Cobb County, or must be employed by a medical facility located within the City of Powder Springs or Cobb County.  Additionally, such Qualified Tenants shall have incomes that do not exceed 100% of the Area Median income (AMI) (as published annually by HUD).

iii.                     The workforce credit shall be equal to an amount of 20% of market rent. The Qualified Tenants initially shall pay 80% of the applicable market rent.

iv.                     Should the property be sold or transferred, the workforce credit program shall carry with the property to the subsequent owner.

v.                     The Workforce Units will be made available on a continuous basis to all Households that meet the foregoing Tenant Qualifications on a first come, first served basis.  The Workforce Units shall be the same construction and appearance (e.g., type and brand of appliances, materials used for countertops, flooring, etc.) to the “Market Rate Units,” shall not be in isolated areas in the Project and shall be interspersed among the Market Rate Units to the extent possible.

vi.                     The property owner (or its property management company) shall deliver calendar quarterly monitoring and compliance reports to the Issuer during the period.  Such reports shall include a Compliance Certificate, Rent Roll and Resident Income Certification (collectively, the “Compliance Forms”).  The Compliance Forms shall be delivered to the City of Powder Springs no later than twenty (20) days from the end of each calendar quarter.

vii.                     Qualified Tenants occupying the workforce credit units must reapply to meet the Tenant Qualifications on an annual basis.  Should a Tenant who previously qualified and is inhabiting a workforce credit unit not qualify upon renewal, such Tenant shall have the right to either 1) Execute a market rent lease at lease renewal for the inhabited unit or an alternate market rate vacant unit within the development or 2) Vacate the inhabited workforce credit unit within three (3) months, while still paying the monthly discounted rent over the three (3) month period. 

27.                     The development site shall be maintained to manage unsightly overgrowth of vegetation, and steps taken to prevent and respond to incidence of illegal dumping.

Appendix I. Cobb County Departmental Comments