City of Powder Springs - File #: PZ 22--007

• File #: PZ 22--007
• Version: 2
• Type: Special Use
• Status: Passed
• File created: 2/8/2022
• In control: City Council
• Final action: 4/4/2022
• Title: Special Use Request. 4033 Louise Street. To allow a housing shelter for traveling healthcare personnel in a CRC zoned district.

Date	Ver.	Action By	Action	Result
4/4/2022	2	City Council	approved	Pass
3/28/2022	1	Planning & Zoning Commission
3/10/2022	1	Planning & Zoning Commission
3/7/2022	1	City Council	tabled	Pass
2/28/2022	1	Planning & Zoning Commission
2/10/2022	1	Planning & Zoning Commission

CASE NUMBER: PZ 22 - 007. Special Use: Louise Street.

APPLICANT: Laurie Wong, Founder and Executive Director, Reflections of Trinity.

SPECIAL USE REQUEST: To allow a housing shelter for traveling healthcare personnel in a CRC zoned district. Permitted and Special Use Table (UDC Table 2-3) requires a Special Use approval for a shelter in the Community Retail Commercial (CRC) zoning district.

LOCATION: 4033 Louise Street, within Land Lot 905, 19th District, Powder Springs, Georgia

ZONING: CRC                                ACREAGE: 0.9 ac                       PIN: 19090500250

STAFF RECOMMENDATS:  Approval.    PLANNING AND ZONING RECOMMENDS:        

BACKGROUND: The property was previously owned by Two Forty Seven LLC, and operated as a temporary shelter for several years. Special use approval was granted to operate a temporary shelter at the location in 2010. The building is approximately 1500 square feet and is built out as three separate dwelling units with a shared kitchen and common area. Reflections of Trinity, a 501(c)3 non-profit organization, purchased the property in the Spring of 2021 with the intent of using it as office suites for the organization, while keeping one unit for a caretaker’s residence. The proposed change in use triggered addition requirements to comply with provisions of the Cobb County Fire Marshall’s Office (CCFMO). The CCFMO required a firewall separating the residence from the offices, however, this option was cost prohibitive for the entity, so they opted to retain the existing use.

Ms. Wong is proposing to provide the units to traveling healthcare professionals and to use the proceeds to help fund the mission of the non-profit organization. The traveling healthcare workers typically have 13-week contracts and receive a stipend for housing. Ms. Wong reported that these professionals generally have a difficult time securing housing in the area as there a supply deficit of housing units for short-term lease in proximity to the local WellStar health care facility. The UDC provides that Special Use Approval is required for shelters in CRC:

Table 2-3

Use	See also	MXU	O-I	NRC	CRC	CBD	BP	LI	HI
Community food or housing shelter	Sec. 4-100	X	X	X	S	S	X	X	X

SURROUNDING AREA: The subject property is zoned CRC and is located at the southeastern corner of Louise Street and Austell-Powder Springs Road. CRC zoning and commercial development predominate to the west and north, and R-15 zoned single-family residences predominate to the south and east. The business will be located within an approximately 1,467 square feet building. 

Figure 1. Zoning Districts. Pink: CRC. Orange: R15.

Figure 2. The property at 4033 Louise Street. Currently configured as three separate dwelling units. Visually consistent with homes in the area.

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 CRC Zoning district is established to provide locations for office, commercial, and service uses that serve several neighborhoods and communities, or which may provide a regional attraction.  A shelter would offer housing for traveling healthcare professionals who are on 13 week contractual assignments at local healthcare facilities. The use would be consistent with the stated purpose of the CRC zoning district.

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?

The special use at 4033 Louise Street should not negatively impact uses that predominate in the area. The Austell Powder Springs Road corridor is predominantly commercial, and Louise Street is predominantly residential. The special use request to house healthcare professionals is a commercial use that does not present a significant conflict with the residential uses in the area. The location previously had special use approval to operate a temporary.

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

The property location is suitable for the proposed special use. Housing shelters may be located along commercial corridors (with special use approval) and this location at the corner of Louise St. and Austell Powder Springs Road provides a buffer between commercial locations and residential or less intensive-use neighborhood oriented commercial/office uses. The use at this location would be consistent with other commercial activities along Austell-Powder Springs Road. Additionally, since the proposed use is to offer housing to health care professionals, it is generally consistent with the residential uses the prevail along Louise Street.

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

Louise Street, a local roadway, is adequate to serve the use as proposed. The property is located at the southeast corner of the intersection of Louise Street and Austell-Powder Springs Road, a major collector. The property has driveway access on both frontages.

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?

The property has direct driveway access to Louise Street.  Access to the site is appropriate for the proposed use, and to allow emergency vehicles to access the location.

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?

The proposed use will not impact local schools. Public utilities and public safety providers should have adequate capacity to support the proposed 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?

The proposed use will utilize the city’s existing refuse collection service. Parking will be adequate on site on the existing driveways and carport. The proposed use will be residential in nature and poses little threat to the general welfare of the neighbors.

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

Operating hours have not been defined for the operation of this special use request to provide housing for health care professional. Since the use is for working professionals, staff foresees no adverse impact based on the coming and goings of the tenants at this location.

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 external changes are planned for the location. The building is shown in figure 2 and is consistent with the residential structures that prevail heading east on Louise Street, and on the east side of Austell Powder Springs Road heading south.

Planning and Zoning Recommends:

Staff Recommends: APPROVAL with the following conditions:

1.                     The approval shall expire in 1 year and the applicant shall reapply for Special Use Approval.

2.                     No more than three persons shall reside in the building at one time.

3.                     The applicant shall apply for and secure inspections from the City Building Official and Cobb County Fire Marshal's office prior to consideration of a business license.

4.                     The City Code Enforcement office may inspect the property on an annual basis or as necessary with reasonable notice.

5.                     Subsequent owners shall reapply for Special Use Approval.

6.                     Violation of the conditions of approval shall render the approval null and void and the use vacated from the property.

APPENDIX

I.                     Unified Development Code Table 2-3.

Use	See also	MXU	O-I	NRC	CRC	CBD	BP	LI	HI
Community food or housing shelter	Sec. 4-100	X	X	X	S	S	X	X	X

II.                     Unified Development Code Sec. 4-95.  Community Food or Housing Shelter.

Community food and housing shelters shall comply with the following:

(a)                     Required facilities. Housing shelters shall have adequate beds, showers, and restroom facilities provided at the location to meet the needs of the overnight guests, all maintained a clean, safe, and sanitary fashion. 

(b)                     Duration of stay. Guests of the shelter shall be required to leave the shelter premises no later than 8:00 a.m.

(c)                     Distance separation. No such use shall be located closer than 500 feet, measured as the crow flies, to a residential zoning district boundary or an existing detached single-family dwelling.

III.                     Floor Plan