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File #: PZ 24-017    Version: 1
Type: Rezoning Status: Public Hearing
File created: 5/1/2024 In control: City Council
On agenda: 11/4/2024 Final action:
Title: Rezoning Request of a 17.7-acre tract, and rezone from NRC (county) to LI (city). The property was previously annexed via GA General Assembly HB 1500. The property is located at 3969 & 3989 Flint Hill RD within land lot 911, of the 19th district, 2nd section, Cobb County Georgia. PINs: 19091100020, 19091100060
Attachments: 1. PZ24-017. Motion to Approve. 11022024, 2. Signed PZ 24-017 Tabled Motion to 11-04, 3. PZ 24-147 Tabled to Oct 7, 4. Signed PZ 24-017 Motion to Table to 08-19-24, 5. Tabled Motion to July 15th PZ 24-017, 6. Letter to the Council. 08.20.2024, 7. Prepared Statement. Serious Tree Service Redacted, 8. Revised Site Plan. 7-9-24, 9. Phase I ESA Report - Serious Tree Services - 07.25.2024, 10. Sound Check + Dust Supression System schematic, 11. HB 1500. Annexation, 12. Rezoning. 3969 + 3989 Flint Hill Rd Redacted, 13. Site Plan. 3969 + 3989 Flint Hill Rd Redacted

CASE NUMBER:   PZ 24-017

APPLICANT:  Serious Tree Service, Represented by Estela Corvalan.

REZONING REQUEST: Rezone from NRC (county) to LI (city).

LOCATION:  3969 & 3989 Flint Hill RD within land lot 911, of the 19th district, 2nd section, Cobb County Georgia.

ZONING:  NRC Cobb County.    ACRES: 17.7 acres.     PINs: 19091100020, 19091100060.

 

Staff Recommendation:  APPROVAL                                          Planning and Zoning Recommendation:

 

BACKGROUND:  Serious Tree Service is requesting to rezone to Light Industrial to operate a tree chipping business at the subject location. The property was recently annexed via GA General Assembly HB 1500.

Previously, Serious Tree Services, LLC, applied to Cobb County for a Special Land Use Permit and Rezoning in 2021. This property was rezoned by the Board of Commissioners on December 21, 2021, to NRC with a special exception that allows a tree contractor business on the property with several aggregable conditions. The applicant withdrew the Special Land Use Permit to allow Chipping, grinding, or reducing materials, stumps, trees, limbs, construction debris, glass, concrete, asphalt, rock, etc. after reviewing staff recommendations and discussing with area residents.

Request Summary

•                     The applicant proposes to operate a tree chipping service to expand the offerings of there business.

•                     Rezoning: The applicant requests to rezone the property from NRC (County) to LI City).

•                     They’re proposing to conduct tree chipping on the parcel furthest to the west, which is away from the residences on Sanders Drive.

Existing Conditions

•                     The property is mostly undeveloped, and a considerable section of the site is not developable due to stream buffers on the site.

•                     Industrial uses from several businesses currently prevail in that area along Flint Hill Road.

Potential Impacts

•                     Noise Pollution: Continuous operation of heavy machinery can generate significant noise, affecting nearby residential and commercial areas.

•                     Traffic: Increased heavy vehicle traffic can cause wear and tear on local roads and contribute to congestion.

•                     Air Quality: Dust and particulate matter from chipping and grinding activities can degrade air quality.

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

•                     Public Opposition: Nearby residents located on Sanders Road oppose the proposed use due to the potential for increased negative impacts to quality of life.

 

 

Potential Mitigating Strategies.

•                     Buffer Zones: Establishing buffer zones with trees or other barriers to reduce noise and dust.

•                     Operating Hours: Restricting operating hours to minimize disturbance during early mornings and late evenings.

•                     Dust Control: Implementing dust control measures such as water sprays or dust suppressants.

•                     Noise Reduction: Using noise barriers and maintaining machinery to minimize noise levels.

•                     Traffic Management: Developing traffic management plans to reduce congestion and improve road safety.

 

SURROUNDING AREA:

Industrial and commercial uses prevail in the area. To the east across Sanders Road and next to the heavily wooded side of the subject property, is General Commercial zoning  in the County.  To the South and immediately opposite to the subject parcels is Heavy Industrial zoning in the County. To the southeast is R-20 in the County.

The following uses currently operate in the area: Construction material suppliers; HVAC equipment suppliers; Machine shops; Printing company; and Warehouses.

Figure 1. Surrounding Area. Subject parcel zoned NRC. Purple: HI. Red: GC. Yellow R-20.

 

 

 

 

Figure 2. Site Plan

 

 

 

 

FUTURE LAND USE

The subject parcels are included in the City of Powder Springs’ 2021 Comprehensive Plan’s Future Land Use (FLU) element. The Professional Employment Center (PEC) designation is supportive of the Light Industrial zoning district. The use is allowed - manufacturing wood products (including pulp mill), sawmill, recycling center, recovered materials processing facility, are all permitted uses in LI.

 

Figure 3. City of Powder Springs Future Land Use: Professional Employment Center.

 

Cobb County: This area was identified as a Priority Industrial Area in the 2017 Cobb Comprehensive Plan, and then was changed to NAC in 2022.  This area is industrial in nature and the Cobb County Comprehensive Plan cited the following on importance of industrial priority areas:

The purpose of the Priority Industrial Area future land use category is to support the strategic protection of the most important Industrial and Industrial Compatible land areas in unincorporated Cobb County. The Board of Commissioners have identified specific priority industrial areas (PIA)… These sites are the areas that, through research, evaluation and industrial site selection best practices, are areas considered most important to provide future industrial type job producing sectors. Due to the urbanizing nature of Cobb County, the reduced quantity of undeveloped land and the recent trends that have converted industrial lands to other productive land uses, it is imperative to evaluate land use policy in greater detail as it relates to important industrial areas. The overall intent of this policy is to establish more stringent criteria for decision making when trying to alter the land use.

 

Figure 4. Cobb County 2017 Future Land Use: Priority Industrial Area.

 

 

Figure 5. Cobb County 2022 Future Land Use: Neighborhood Activity Center.

 

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 parcels are included in the City of Powder Springs’ 2021 Comprehensive Plan’s Future Land Use (FLU) element. The Professional Employment Center (PEC) designation is supportive of the Light Industrial zoning district. The use is allowed - manufacturing wood products (including pulp mill), sawmill, recycling center, recovered materials processing facility, are all permitted uses in LI.

 

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 proposed zoning district is suitable for the wood chipping use. Heavy industrial, light industrial, and warehousing activity already prevail in the area. Considerable heavy machinery, large commercial vehicles, and other nuisance generating activity are the predominant users.

The proximity to residential zoning poses a  concern, and those property owners oppose the proposed use; however, the prevailing uses that currently exist are generating some of the same nuisances that the proposed use will generate.

 

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 usability of nearby properties may be adversely affected. The following uses currently operate in the area: Construction material suppliers; HVAC equipment suppliers; Machine shops; Printing company; and Warehouses. These uses generate nuisances normally associated with industrial activity, but pose an adverse impact to the quality of life of nearby residential users.

Public comments in opposition are attached here in the appendix. Alice Carnahan (3921 Sanders Road), Cindy Webb (3824 Sanders Road), and Elizabeth Bell have provided written comments, vehemently in opposition to the proposed rezoning.

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

 

The existing zoning in the county is NRC.  Since industrial activity is the predominant use in the area, NRC uses would conflict with what prevails. For instance, a retail establishment or doctor’s office would not choose to locate their operation in that vicinity of Flint Hill Road.

Purposes and intentions. The NRC Zoning District is established to provide locations for retail, services, and office uses at a neighborhood level of intensity, serving a small market area, in a manner that is compatible with adjacent neighborhoods, and without intense traffic generation. Uses permitted consist primarily of convenience shopping facilities and services that serve a neighborhood-oriented market and which supply convenience goods and/or services. NRC Zoning Districts are intended to provide pedestrian-oriented neighborhood focal points serving adjacent and nearby neighborhoods. NRC Zoning Districts are small in total area so as to limit the scale and scope of development and to control adverse impacts on adjacent neighborhoods.

 

 

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.

 

It is the staff’s opinion that existing public infrastructure facilities and services can adequately serve the proposed zoning district and uses permitted.

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 comprehensive plan’s annexation plan elements envisioned the city annexing this as well as other unincorporated properties across the city.

 

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.

 

Industrial uses currently prevail in the area. It is the staff’s opinion that the proposed zoning district is compatible with existing conditions, and that separation from residences and the implementation of appropriate mitigating measures should address adverse impacts to the general welfare of nearby residential users.

                     

 

 

STAFF RECOMMENDATION: APPROVAL, with the following Conditions:

 

1.                     The request to rezone from NRC (county) to LI (city) is approved.

 

2.                     Chipping and grinding activity shall be confined to the western parcel, addressed 3969 Flint Hill Road; PIN:  19091100020. These activities shall include but are not limited to: wood chipping, grinding, or reducing materials, stumps, trees, limbs, construction debris, glass, concrete, asphalt, rock, etc.

 

3.                     A 100-foot undisturbed wooded buffer shall be provided from residential zoned properties across Flint Hill Road. The 100-foot buffer to be removed only if the R-20 properties on the south side of Flint Hill Road becomes commercial zoning.

 

4.                     A 100-foot undisturbed wooded buffer shall be provided from residentially used properties across Sanders Road.

 

5.                     Business operation shall be limited to the operating hours from 7:00 am to 7:00 pm.

 

6.                     The applicant shall submit a Nuisance Mitigation Plan for review and approval to the Community development Department. The plan shall include mitigation strategies to address: Dust Control; Noise Reduction; and Traffic Management. The approval of the Occupational Tax Certificate will be subject to the approval of the Nuisance Mitigation Plan. Failure to comply with the strategies outlined in the Nuisance Mitigation Plan will be subject to Code Enforcement Activity.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX I. Cobb County letter in response to request for comments.

 

 

APPENDIX II. Public Comments in Opposition.