STAFF REPORT
CASE NUMBER: PZ 21 - 024
APPLICANT: Administrative
PETITION: Code Text Amendment to consider administrative updates to the following sections of the Unified Development Code: Table 2.4 - Minimum Residential Unit Square Footage for MXU Zoned District; Article 2 Division IV - Overlay Districts, to add the eCommerce and Logistics Overlay; To provide for common exemptions to development setback encroachment - Article 2 Zoning Districts, Article 3 Use Definitions, and Article 4 Specific Use Provisions, and Article 13, Zoning Amendment and Procedures. Article 17 Public Safety Impact Fees, and Article 18 Park and Recreation Impact Fees.
Staff Recommend: Approval
1. Table 2.4 - Minimum Residential Unit Square Footage for MXU Zoned District
2. Article 2 Division IV - Overlay Districts, to add the eCommerce and Logistics Overlay
3. Article 2 Zoning Districts, Article 3, Use Definitions - allowances for setback encroachment
Table 2.4 - Minimum Residential Unit Square Footage for MXU Zoned District
BACKGROUND: The code provides for a minimum of 2000sf for residential units in MXU developments. This exceeds what is typical for the types of types residential products and approvals the city is seeing in MXU zoned districts. Staff recommends amending table 2.4 to allow for the minimum size of residential units in MXU to be determined during the zoning process. This will eliminate applicants needing to file concurrent variance requests and reduce the staff effort needed to process these additional zoning cases.
ANALYSIS:
1. Is the proposed amendment consistent with the purpose and intent of this development code? Article 13, Zoning Amendments and Procedures, Powder Springs Unified Development Code 403
Yes. While the residential unit minimum in MXU is 2000sf, the minimum for other residential zoning districts are:
|
MINIMUM HEATED FLOOR AREA REQUIREMENTS |
R-30 |
R-20 |
R-15 |
MDR |
PUD-R |
|
Detached, single-family dwelling unit (square feet) |
2,000 |
1,800 |
1,600 |
1,400 |
‡ |
As MXU developments typically trend toward higher density residential developments, having the same minimum unit size for R-30 and MXU defies reason. It would be reasonable to align MXU with what is required for PUD-R, i.e. ‡ As established as part of the zoning approval for the development.
2. Does the proposed amendment further the purpose and intent of the comprehensive plan, or is it needed to properly implement the comprehensive plan?
Yes. A main goal set forth in the Comprehensive plan is to “Develop quality, diverse housing
that can attract a wide range of people and lifestyles.”
3. Is the proposed amendment needed to address new or changing conditions?
Yes, there is an established trend recently toward higher density residential developments receiving approvals in MXU, PUD-R, and CBD zoned districts.
4. Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?
The proposed amendment does not pose a threat to the citizenry, since the minimum residential unit size will be established during the zoning process and must be reviewed by the Community Development Director, and reviewed and approved by City Council.
Article 2 Division IV - Overlay Districts, to add the eCommerce and Logistics Overlay.
BACKGROUND: The proposed overlay is intended to attract businesses and development to Powder Springs. The e-commerce and logistics industry has grown and establishing this overlay would help the City from a marketing perspective with our regional and state partners. The zoning map would be amended to include this overlay for the zoning districts that fall within Professional Employment Center and Commercial Corridor designations: MXU Mixed-Use District, O-I Office-Institutional District, NRC Neighborhood Retail Commercial District, CRC Community Retail Commercial District, BP Business Park District, LI Light Industrial District. The specific uses to be added to table 2-3 fall under the categories: E-Commerce Retail, E-Commerce Business Park, E-Commerce Advanced Manufacturing Logistics
The proposed uses to be added to Table 2-3 and the code text to add Sec. 2-32. E - Commerce and Logistics Overlay are included in the appendix of the staff report for the related rezoning case to establish this overlay, and attached to the agenda for this case.
ANALYSIS:
1. Is the proposed amendment consistent with the purpose and intent of this development code? Article 13, Zoning Amendments and Procedures, Powder Springs Unified Development Code 403.
Yes, one of the listed intents of the UDC is to “promote responsible growth.” The proposed overlay is intended to new attract businesses and development to Powder Springs.
2. Does the proposed amendment further the purpose and intent of the comprehensive plan, or is it needed to properly implement the comprehensive plan?
Yes, the intent of this overlay aligns with one of the Comprehensive Plan’s main goals: Attract new residents, businesses, and development through improved communications, marketing, and branding.
3. Is the proposed amendment needed to address new or changing conditions?
Yes, eCommerce and Logistics are growing industries and the uses associated are otherwise not called out in the city’s code text. The comprehensive plan 2021 update anticipates the establishment of the eCommerce and Logistics Overlay. This overlay district is listed as an appropriate zoning district for the Professional Employment Center and Commercial Corridor classified areas established by the Future Land Use Map.
4. Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?
Yes, an overarching principle of the overlay is to limit traditional “smokestack” manufacturing or production uses that could have environmental effects detrimental to the city or adjacent neighborhoods.
Article 2 Zoning Districts, Article 3, Use Definitions - allowances for setback encroachment
BACKGROUND: There has been a spike in the need for administrative variances related to setback encroachments. Developers are trending toward being extremely efficient regarding lot sizes resulting in structure closer to setback lines. In the case that a foundation touches or is withing inches of a setback line, then accessories to the structure might encroach into the setback. Common encroachments included, brick, siding, roof overhangs, etc. The code only allows for roof overhangs to encroach up to 18 inches. Staff has reviewed the provisions for other jurisdiction and propose two alternatives: amending the definition of setback to expand exemptions (preferred) or including a new section for setback encroachment.
ANALYSIS:
1. Is the proposed amendment consistent with the purpose and intent of this development code? Article 13, Zoning Amendments and Procedures, Powder Springs Unified Development Code 403
Yes, a listed purpose related new developments is “to promote desired character in new developments.” Setback are designed to establish and protect the desired character. Staff is of the view that allowing for common encroachments as in the case in other jurisdictions will not diminish this stated purpose of the UDC. It is intended to reduce the burden on staff to review and approve individual administrative variances for minor encroachments up to a certain allowed distance, while still maintain a minimum distance from the property line. This would also reduce the burden on developers to request administrative variances for common items that some other jurisdictions provide exemptions for.
2. Does the proposed amendment further the purpose and intent of the comprehensive plan, or is it needed to properly implement the comprehensive plan?
Yes. A main goal set forth in the Comprehensive plan is to “Develop quality, diverse housing
that can attract a wide range of people and lifestyles.” Though these encroachments occur at low density developments, the recent trend in higher density developments might result in the increase in administrative variance requests for the types of common encroachments that would otherwise have listed exemptions in the code with this amendment.
3. Is the proposed amendment needed to address new or changing conditions?
Yes, there has been a trend toward less generous lot sizes by developers, as well as townhomes, and apartments gaining approvals in Powder Springs.
4. Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?
The proposed amendment does not pose a threat to the citizenry. In other jurisdictions these common accessories to structures (roof overhangs, eaves, bay windows, siding, brick, etc.) are exempted and allowed to encroach within specified limits.