City of Powder Springs - File #: PZ 22--003

• File #: PZ 22--003
• Version: 1
• Type: Rezoning
• Status: Passed
• File created: 1/4/2022
• In control: City Council
• On agenda: 9/19/2022
• Final action: 9/19/2022
• Title: Rezoning Request: Lewis / Oglesby Road. To consider rezoning from CRC to PUD-R, the property located at 4596 Lewis Road and 4401 Oglesby Road (portion) and C.H. James parkway, within the 19th District, 2nd Section, Land Lots 1049 and 1050, Cobb County, Georgia.
• Related files: PZ 23--016

Date	Ver.	Action By	Action	Result
9/19/2022	1	City Council	approved	Pass
8/15/2022	1	City Council	tabled	Pass
7/18/2022	1	City Council	tabled	Pass
6/6/2022	1	City Council	tabled	Pass
5/16/2022	1	City Council	tabled	Pass
4/18/2022	1	City Council	tabled	Pass
3/21/2022	1	City Council	tabled	Pass
2/7/2022	1	City Council	tabled	Pass
1/24/2022	1	Planning & Zoning Commission
1/13/2022	1	Planning & Zoning Commission

CASE NUMBER:   PZ 22 - 003.

APPLICANT: Traton, LLC. Represented by Kevin Moore.

PETITION: Request to rezone from CRC to PUD-R. 

LOCATION: Lewis Road and Oglesby Road and C.H. James parkway, within the 19th District, 2nd Section, Land Lots 1049 and 1050, Cobb County, Georgia.

CURRENT ZONING: CRC                              ACREAGE: 12.7 acres

PINs: 19104900110, 19104900010, 19104900020, 19104900120, 19105000010.

REQUESTED VARIANCES:

1.                     Variance to Sec 2 - 32 (d) to waive requirement to plant street trees in front townhome units in PUD-R.

2.                     Variance to Sec 12 -13 to waive requirement to maintain 75% of existing tree canopy.

3.                     Variance to allow minimum horizontal road centerline radius of 37 feet.

STAFF RECOMMENDATION:      APPROVAL  

PLANNING AND ZONING COMMISSION RECOMMENDS: DENIAL.             

BACKGROUND:  The proposed site falls within the boundary of the Downtown Development Overlay and the Livable Centers Initiative (LCI) boundary. The applicant proposes developing 65 townhomes at a density of 5.1 units per acre on a site of total tract acreage of. 12.7 acres. The site is currently Zoned CRC and covers an area with future land development designation of Neighborhood Activity Center (NAC). The Future Development Map (figure 5) shows an area of Professional Employment Center within the subject site. However, it is important to note that this is due to an error in the map - the planners assumed a street split the site for the recent update to the Future Development Map.

The annexation and rezoning of the subject site were approved on November 4^th, 2002. The subject site was rezoned to CRC, and the adjacent lands where Springbrook Estates is now located, was rezoned for residential use.

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: The subject site is located at the intersection of Lewis and Oglesby Roads at C.H. James Parkway. CRC zoning predominates in the area with MDR adjacent to the north. The Springbrooke Estates Subdivision is adjacent to the north. LI zoning predominates to the southeast across Oglesby Road and this area will be the future developments site of a 400,000sf (approx.) Logistics and Distribution center.

Figure 1. Current Zoning in the area. CRC predominates. MDR adjacent to the north. LI to the southeast.  Disclaimer:  The zoning does not include the recently approved rezoning for the Logistics and Distribution Center. The map does not depict the LI zoning of the area with “4401” in the lower right corner and extends to the south along C.H. James.

Figure 2. Lewis / Oglesby Road at C.H. James Parkway.

Figure 3. Proposed Site Plan

Figure 4.Finished Product. Variation provided by a mixture of 50% and 100% brick and stone front facades.

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 designation is in the Comprehensive Plan is Neighborhood Activity Center (NAC). This is also the designation in the LCI plan. The proposed rezoning to PUD-R for the development of townhomes is compatible with NAC.  The comprehensive plan lists townhomes and as an appropriate use, and PUD-R as an appropriate zoning district within NAC designated areas.

Figure 5. Future Development Map. 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 compatible with the zoning and development in the area. However, it should be noted that this places a residential development at the same intersection expected to have increased tractor trailer traffic once the recently approved logistics and distribution center future development.

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.

Since the future land use designation for the area is NAC, future commercial uses that fall within neighborhood scale retail, or consumer-facing office commercial uses for example, would not be adversely affected.

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

The proposed site is located at the tri-road intersection or Lewis Road, Oglesby Road and C.H. James Parkway. C.H. James is the most heavily trafficked thoroughfare within the city, and Lewis Road connects this high-volume artery to the heart of the city - Downtown Powder Springs. There is no reason why the property could not be used as currently zoned.

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; South Cobb High 601 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. Feedback has not yet been received and considered as it relates to the impact to public safety capacity, and roads.

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.

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 townhomes at the subject site would improve general welfare and not negatively impact adjacent users, nor restrict usability of nearby parcels. However, safety may be a concern as the entrance of the proposed development aligns with Oglesby Road. Unless the future logistics and distribution center gets curb cut access directly from C.H. James Pkwy, the vehicular traffic to this development would share the same intersection to access the logistics center.

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 CRC to PUD-R with total site acreage of approximately 12.7 acres. 

2.                     The applicant shall submit a revised site plan compliant with these stipulations for Administrative Review. The revised site plan shall be in substantial conformity to site plan prepared by Centerline Surveying and Land Planning for Traton Homes, dated 11/21/2021. Site Plan must be consistent with PUD-R regulations and all other applicable regulations identified in the Unified Development Code. The revised site plan shall consider the addition premium amenities and staggering of units. The applicant shall agree to work with TSW (Comprehensive Plan Consultant) to revise the site plan, to determine amenities features, and architectural features of the structures, and shall pay a fee up to $2500 for this review. Additionally, this review will include potential increased green space or rear entry units.

3.                     The recreation areas shall feature premium amenities. Such area shall be developed with at least one recreational feature such as a pavilion, gazebo, picnic area, swimming pool, playground, or tennis courts; in addition to the walking trails. Recreational areas must be outside of any floodplain area. Any recreation area must be located in an area with a slope of less than 15%; however, all recreation areas or applicable green space must meet ADA requirements for accessibility.

4.                     The approval of following variance requests are included with the approval of the rezoning request to PUD-R.

    1.                     Variance to Sec 2 - 32 (d) to waive requirement to plant street trees in front townhome units in PUD-R.

    2.                     Variance to Sec 12 -13 to waive requirement to maintain 75% of existing tree canopy.

    3.                     Variance to allow minimum horizontal road centerline radius of 37 feet.

5.                     All residential units shall have two-car garages, and the parking pads/driveway in

front of the garage shall be greater than or = 22-feet in length.

6.                      The setback are as follows:

Front: 15 feet from right-of-way

Perimeter:  35 feet setback

Between buildings: Minimum of 15 feet

Design Review shall be conducted via Administrative Review.

7.                     Units must be staggered to the extent required by code, they must provide some staggering or variation as approved by an Administrative Design Review.

8.                     The architectural style and composition of the homes shall consist of traditional architecture on all sides, consistent with the product images submitted. Variety in the neighborhood will be provided using stone and different shades of brick, and by mixing front facades of 50% brick and 100% brick as shown in submitted product images. All side and rear elevation will contain brick or stone no less than 50% where exposed to the right-of-way. All elevation will contain no less than 50% the front façade. An administrative design review will be required.

9.                     All areas located in the undisturbed stream buffer shall be placed in a conservation easement. Lots shall be separated from conservation areas by a split rail fence and marked by signage.

10.                     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.

11.                     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.                     Detention pond landscaping and screening plan for around the proposed detention and water quality areas with Cryptomeria, Arborvitae and/or other evergreen trees.

b.                      Planting plan for a twenty-five-foot (25') landscape 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.                     All HVAC, mechanical systems and home utilities within the community shall be screened by way of fencing and/or landscaping.

g.                     Entry signage for the proposed Residential Community shall be ground-based, monument-style, landscaped, lighted and irrigated.

h.                     The installation of landscaped front, side and rear yards.

i.                     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.

12.                     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.

13.                     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.

14.                     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. All perimeter and roadway buffer areas will either be owned by the HOA or deed restricted with maintenance easements in favor of the HOA.

15.                     Perimeter fencing shall be required to buffer the detention pond area, at minimum. Fencing should not be of a wooden privacy fence type, and shall be subject to administrative design review and approval.

16.                     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.

17.                     Traffic impacts will be reviewed as part of the LDP process. Applicant agrees to offsite improvements necessitated by this development.

18.                     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.