City of Powder Springs - File #: PZ 21--007

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
4/5/2021	1	City Council	approved	Pass	Action details	Meeting details	Not available
3/29/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
3/11/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
3/1/2021	1	City Council	tabled	Pass	Action details	Meeting details	Not available
2/22/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available
2/11/2021	1	Planning & Zoning Commission			Not available	Meeting details	Not available

File #: PZ 21-007

APPLICATION: Smith Douglas Homes

PETITION: The applicant, is initiating a Rezoning request from Single-Family Residential District (R-20) and Medium Density Residential (MDR) Conditional to PUD-R.

Variance:

A) To vary Section 4-120 (e) to allow for townhome units to not be staggered (Variance withdrawn per applicant)

B) To vary 12-13 (g) to remove more than 75% of existing canopy coverage

C) To vary 12-13 (e) to clear more than 8 acres of the site

D) Section 2-15 (h) - Architecture: requesting to not include 50% brick on front, side of townhomes.

PURPOSE OF THE REQUEST: To construct 35 single-family units and 31 townhome units on approximately 10 acres with a density of 6.5 units per acre.

LOCATION: Land Lots 869 & 870, 19^th Districts, Powder Springs, Georgia. 19087000040/ 19087000120/ 19086900280/ 19086900120

ACRES: 10.2 acres

STAFF RECOMMENDATION: APPROVAL

PLANNING AND ZONING RECOMMENDATION: APPROVAL

Site Plan

Previous Approval and Current Request

Background:

The proposed request is to rezone from Residential (R-20) and Medium Density Residential (MDR) conditional. A portion (3.1 acres) of the subject site was rezoned on March 4, 2019 from R15 to MDR to facilitate a 24-townhome development. The applicant is adding two additional properties to create a larger tract of 10 acres to develop 35 single-family homes and 31 townhomes.

Surrounding Land Use:

There are a variety of zoning districts that are adjacent to the subject site. The north of the subject site is zoned R-15 and MDR along Hopkins Road. The R-15 designation currently consists of single-family lots known as the Ashley Woods subdivision. The property located south of the subject site is zoned CRC and currently consists of a vacant lot and a gas station located at the intersection of Hopkins Road and Powder Springs Road. West of the subject site is zoned R-20 and currently consists of a single-family unit. East of the subject site, at the intersection of Hopkins Road and Powder Springs Road, is a single-family unit, located in Cobb County with a residential classification. There are also single-family units located within the R-20 zoning districts along Hopkins Road. There is also a concurrent application that has been submitted requesting to rezone from R-20 to PUD-R east of the subject site to accommodate 34 townhomes.

Analysis:

(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, in accordance with Table 13-1:

Yes, the proposed use of the subject property appears to be compatible with the purpose and intent of the Comprehensive Plan in that the property is located in the Medium Density and Retail Commercial Future Land Use area as indicated in the diagram below. The subject site falls within the Redevelopment Area as defined in the Comprehensive Plan, adopted on October 16, 2017. The proposed Redevelopment Area is located along the north side of Powder Springs Road adjacent to the intersection of Powder Springs Road and Hopkins Road. The Redevelopment Area is designed to include multi-family, townhomes, and single-family residential, along with office/flex space and commercial buildings (see Redevelopment plan below). The proposal for town homes and single-family homes mirrors the Redevelopment Plan and Comprehensive Plan providing a mixture of housing types. There is currently a gas station at the intersection and additional lands to accommodate commercial uses. Accordingly, the City's approval of this Application for Rezoning will further meet the goals of the City's Comprehensive Plan. The influx of development to the development node has triggered a Future Land Use Amendment which has been filed concurrently with this application. A proposal of Mixed Use future land use has been proposed to allow for a unison design approach which allows for connectivity with adjacent uses and is suitable for the desired goal.

Future Land Use Map

Comprehensive Plan - Redevelopment Area

(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.

As outlined in the Unified Development Code (UDC), the PUD-R zoning district permits single-family and townhomes. The PUD-R allows a density of up to eight (8) dwelling units per acre, the proposed density is 6.5 dwelling units per acre which falls within the threshold of the PUD-R regulations. The PUD-R also requires recreation space. The proposed site plan has indicated sufficient recreation area to serve the proposed request. The PUD-R also requires a 25-foot perimeter buffer that allows for adequate separation between uses that are greater in density and intensity. As the site plan depicts a 25-foot perimeter landscape buffer will be installed to mitigate any negative impacts from adjacent uses. The site is surrounded by residential activity and commercial uses, any noise or light or other negative impacts will be minimized due to landscape buffer. The proposed site plan meets the requirement set forth in the PUD-R zoning category.

(c) 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.

The uses permitted in the PUD-R zoning category are uses that are residential or commercial uses that supports its residents. The adjacent property to the southeast is zoned Community Retail Commercial ("CRC") and developed as a convenience store with fuel sales. Directly south of the subject property is undeveloped, but also zoned CRC. PUD-R is also located to the west of the subject site consisting of quadruplex for senior living consisting of approximately 118 units (quads). Across Powder Springs Street is a recently approved PUD-R development consisting of 33 townhomes and 77 single-family units that are currently under construction. Uses permitted in the PUD-R zoning district is consistent with the surrounding uses.

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

As zoned, the property has little utility. The lower density allowed under the current zoning would not support the cost of developing the land.

(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.

Yes, public facilities and infrastructure are adequate to serve the proposed use. Access to the subject property will be via Hopkins Road and Powder Springs Road. The proposed development will generate a total of 45 students at the Elementary, Middle and High School level, the break down is provided in the table below. The table below indicates the schools that are zoned for this area. The table also indicates that schools are currently under capacity and can facilitate students that will be generated from the proposed 66 units.

Table 1: School Capacity

	Student Capacity	Student Enrollment	Under Capacity	66 units
Compton Elementary	800	534	266	23
Tapp Middle School	1137	905	232	9
McEachern High School	2450	2415	35	14

Source: Cobb County

Townhomes or single-family = 0.7 kids Apartment = 0.1 kid

Elementary = 0.5 Middle School = 0.2 High School 0.3

The Rezoning to PUD-R is not anticipated to have any adverse effect or impact upon the existing uses or usability of adjacent or nearby properties and is consistent with the City's Comprehensive Plan, adopted on October 16, 2017. Based on the Institute of Transportation the proposed development will generate approximately 51 PM peak hour trips. This number may also decrease due to the prospects of work from home opportunities or kids doing virtual learning due to the covid-19 pandemic. The proposed development has ingress and egress off Hopkins Road and Powder Springs Road. Additional curb cut along Powder Springs Road has safety concerns especially due to recent approval of the 55 plus community located west of the subject site. Staff will further review transportation impacts during the plan review process.

Common Trip Generation Rates (PM Peak Hour)

Institute of Transportation Engineers Manual - 10 Edition

	35 single-family homes (0.99)	31 townhomes (0.56)
PM Peak hour trips	34	17
Total PM Peak Hour Trips	51

(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; and

The proposal is supported by the City of Powder Springs Comprehensive Plan, adopted on October 16, 2017, which provides for a mix use component as indicated in the redevelopment plan. The city has a goal to build an active and vibrant downtown. Additional housing will increase the number of residents needed to support the existing commercial businesses.

(g) 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.

Yes, the proposed use reflects a reasonable balance between the promotion of public health, safety, morality and general welfare and the right to unrestricted use of the subject property. Additionally, the proposed use of attached residential Townhomes and single-family homes allows the property owner to exercise their property rights while offering housing choices to residents of the City of Powder Springs. There is a concern of allowing additional curb cut along Powder Springs. Staff is proposing a mechanism such as a raised concrete median in addition to signs to prevent homeowners from driving across Powder Springs road to join the easterly traffic flow.

Variance Analysis

a. Section 4-120 (e) Dwelling, Single-family attached (Variance withdrawn by applicant) - requesting to not staggered units

The developer has indicated that the faced will be broken up by varying roof lines and differentiation in façade color for each unit. An example is provided below.

Townhome rendering

b. Section 12-13 (g) Removal of Existing Tree Canopy and Clearing Limits - requesting to remove more than 75% existing vegetation.

To accommodate the layout, more than 75% of existing canopy must be removed. The PUD- requires a 25-foot landscape strip for the perimeter of the site which will offset the existing vegetation that will be removed.

c. Section 8- 70 (b) Cul-de-sacs and Dead-End Streets - requesting to allow dead end streets

The city only allows dead end street for temporary use only; If supporting documentation provided during the Site Plan review indicates that the design does not affect the functionality of the roadway for residents and emergency vehicle then a variance can be granted.

d. Section 2-15 (h) - Architecture: requesting to not include 50% brick on front, side and rear of units.

The PUD- was implemented to allow for greater flexibility in lot size and setback requirements. As a result more emphasis has been placed on the quality and design of the buildings. Requiring less than 50% brick/stone on the side, front will not be granted approval in an effort to meet the intent of the PUD-R requirement. In addition, Sweetwater Home development, Enclave Townhomes and Villages of West Cobb have been able to provide 50% brick on the side and front façade.

Fiscal Impact:

There are currently existing services and infrastructure to support the proposed request. The proposed development will provide increased tax income for the City, however there are additional service costs. The proposed request should not have an overall negative economic impact on the City of Powder Springs as infrastructure and services are already in place to serve the proposed request.

Additional Comments:

DOT - - Hydrology and Trip Study required. Trip study will determine if the drive needs to be shifted west to include deceleration lane. If deceleration lane is warranted and can’t be installed at 170’ storage and 50’ Taper, full access will not be allowed. We will allow an exit only.

RECOMENDATION

Staff is recommending approval of PZ 21-007.

Request proposal is consistent with the comprehensive Plan.

1. The revised 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 Residential (R20) and MDR conditional to Planned Unit Development-R (PUD-R) on property that adjoins Powder Springs Road and Hopkins road consisting of approximately 10.2 acres.

2. The Subject Property shall be developed in substantial conformity to that certain revised site plan, prepared by Watts and Browning Engineering, Inc. for Smith Douglas Homes.

3. The construction of a maximum number of thirty-four (31) townhomes with a minimum square footage of 1700 square feet; construction of a maximum of 35 single-family detached homes with a minimum square footage of 1800 square feet. The density may not exceed 6.5 dwelling units per acre.

4. The setback are as follows:

Front: 15 feet from right-of-way,

Rear: 20 feet

Side - 5 (side corner - 10 feet)

35 feet perimeter setback

Between buildings: minimum of 10 feet

5. Variance requested and approved

B) To vary 12-13 (g) to remove more than 75% of existing canopy coverage

C) To vary 12-13 (e) to clear more than 8 acres of the site.

5.a. Variance to allow

Front: 45%-50% brick/stone on the front per unit.

Side: Allow 50% brick/stone on end units adjacent to Powder Springs Street and Hopkins Road.

Internal Sides: Water table allowed on internal sides

6. Design Review shall be conducted via Administrative Review

7. A raised medium will be required at the access point along Powder Springs Road to prevent vehicles from cutting across Powder Springs Road to join the traffic moving in an early direction.

8. The architectural style and composition of the homes shall consist of traditional architecture on all sides Variety in the neighborhood will be provided using stone and different shades of brick in the area shown as brick on the rendering. All side elevation visible from the right-of-way will contain brick or stone no less than 50% where exposed to the right-of-way. All elevation will contain no less than 50% brick on the front façade. An administrative design review will be conducted to ensure design meets the exhibit submitted in addition to the zoning stipulations set forth.

9. 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.

10. 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. Landscaping and screening around the proposed detention and water quality areas with Cryptomeria, Arborvitae and/or other evergreen trees.

b. A split rail fence and a 25-foot landscape strip must be maintained along the frontage of Powder Springs Road. Landscaping shall be outward of the fence. Rendering of Powder Springs road frontage must be submitted when submitting landscape plans.

c. Hopkins Road Frontage must construct a split rail fence and a 10-foot landscape strip must be maintained along the frontage of Hopkins Road Landscaping shall be outward of the fence. Rendering of Hopkin roads frontage must be submitted when submitting landscape plans.

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/sod 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.

11. 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.

12. 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.

13. Site Plan must be consistent with PUD-R regulations and all other applicable regulations identified in the Unified Development Code.

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.

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

16. The applicant will review traffic impacts on Powder Springs Road and Carter Road. The entrance to the subdivision on Powder Springs Road will be limited to right -in/ right out unless an alternate design is approved by staff incorporating concepts from the Powder Springs Corridor and Connectivity Plan, dated Fall 2018. Additionally, the applicant and staff will continue to review options for a joint public/private project improving the area of Powder Springs Road directly adjacent to the development. An agreement regarding the required road improvements shall be completed prior to the issuance of the Land Disturbance permit.

17. 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.

18. The development occurring at this intersection of Hopkins Road will be reviewed for their collective impact in the plan review process. This may include right-of-way requirements, turning lanes, or relocating of driveways. This is subject to City of Powder Springs approval, with the coordination of Cobb DOT.

19. Right-of-way dedication is required along Hopkins Road which will be reviewed against City
standards during site plan review

21. Per PUD-R requirement, a 25 foot perimeter buffer must be maintained along Powder Springs Road frontage.