City of Powder Springs - File #: PZ 24-029

• File #: PZ 24-029
• Version: 3
• Type: Rezoning
• Status: Public Hearing
• File created: 8/27/2024
• In control: City Council
• On agenda: 7/21/2025
• Final action: 6/30/2025
• Title: Rezoning Request to rezone an approximate 4.9-Acre Tract from R-20 to PUD-R. The property is located at 3720 and 3716 Powder Springs Rd, within land lots 833 and 870, 19th District, 2nd Section, Cobb County, Georgia. PINs: 19087000010, 19087000150. Applicant has requested the application be withdrawn without prejudice. Planning and Zoning Commission voted on June 30, 2025 to recommend acceptance of the withdrawal without prejudice.

Date	Ver.	Action By	Action	Result
7/21/2025	3	City Council	Withdrawn without Prejudice	Pass
6/30/2025	3	Planning & Zoning Commission Public Hearing
6/2/2025	3	City Council	tabled	Pass
5/27/2025	2	Planning & Zoning Commission Public Hearing
5/8/2025	1	Planning & Zoning Commission Public Hearing
5/5/2025	1	City Council	tabled	Pass
4/28/2025	1	Planning & Zoning Commission Public Hearing
4/7/2025	1	City Council	tabled	Pass
3/31/2025	1	Planning & Zoning Commission Public Hearing	tabled	Pass
2/3/2025	1	City Council	tabled	Pass
1/27/2025	1	Planning & Zoning Commission Public Hearing
12/2/2024	1	City Council	tabled	Pass
11/25/2024	1	Planning & Zoning Commission Public Hearing
11/14/2024	1	Planning & Zoning Commission Public Hearing
11/4/2024	1	City Council	tabled	Pass
10/28/2024	1	Planning & Zoning Commission Public Hearing
10/7/2024	1	City Council	tabled	Pass
9/30/2024	1	Planning & Zoning Commission Public Hearing
9/12/2024	1	Planning & Zoning Commission Public Hearing

PZ 24-029

APPLICANT: Mike Nelson; Represented by Parks Huff.

REZONING REQUEST: Rezone from R-20 to PUD-R.

LOCATION: 3720 and 3716 Powder Springs Road.

ZONING: R-20                                                                  ACRES: 4.9 ac.    PINs: 19087000010, 19087000150.

Staff Recommendation:  Denial                                                                                    Planning and Zoning Recommendation:

BACKGROUND: The proposed site is approximately 4.9 acres, and currently includes two single-family homes and accessory structures, the rear of the site is primarily wooded and undeveloped. The 2.26-acre parcel has a 1,1,34 SF home built in 2000. The 2.73-acre parcel has a 1,772 SF home built in 1950. The applicant seeks to rezone the property from R-20 (Single-Family Residential) to PUD-R (Planned Unit Development - Residential) for the development of a 36-unit townhome subdivision.

The property’s location is just west of new subdivisions and located adjacent to an existing suburban development. This location requires sensitivity to the two different housing types and is an opportunity for infill development.  Adequate buffers are necessary to ensure consistency with surrounding properties and good design along the City’s gateway corridor.

The applicant proposes a Craftsman-style townhome subdivision, offering open space, gazebo, green space, and courtyards. The applicant has provided multiple iterations of the site plan. The original site plan did not require technical variances per the code but was found to not meet the City’s design standards after reviewing with the City’s consultant TSW. The most recent site plan meets the design site requirements but necessitates certain variances. The site’s configuration features alley access and open green spaces where the rows of townhomes front each other. The proposed layout incorporates planning principles, with private alleys and garages in the rear to improve aesthetics, provide usable open green spaces, and will eliminate vehicular impacts at the fronts of the homes for most units. The original configuration featured dead end alleys, which pose vehicular circulation concerns and code compliance issues, however the applicant has redesigned the site to reduce the dead-end alleys and/or roads to one at the front of the subdivision serving three units. The zoning file does not include a document where the variances are specifically request; but it appears that the variances being requested as part of the PUD-R zoning application are included below in the “Requested Variances” section of this report.  The proposal aims to creatively utilize the narrowness of the site. However, the density and housing type are not consistent with the suburban residential land use category as density should be less than five units per acre, and townhouses are not listed as an appropriate use. 

The applicant was required to submit a traffic study for review. After reviewing the study and existing conditions, city staff have noted deficiencies regarding transportation improvements to meet the needs of the subdivision. Staff recommended that the applicant review the possibilities of connecting to adjacent subdivisions, preferably to Shelleydale Drive where the new residents will be able to connect to a better entry on Powder Springs Road, where the city plans for a future traffic signal. As currently designed, the City’s transportation concerns include the need to expand the City’s proposed median to right in right out only, this limits conflicts with existing traffic of Powder Springs Road as well as turning movements from developments across the street. Even if developed as right in right out only, the narrowness of the site does not allow required improvements including a deceleration lane and taper.

The applicant held the required public information meeting on Friday, May 2, 2025.

Development Proposal Summary

§                     Total Site Area: 4.90 acres

§                     Current Zoning: R-20 | Proposed Zoning: PUD-R.

§                     Total Units: 25 townhomes - rear entry | Density: 5 units/acre.

§                     Unit Size: 28' x 44' with 2-car garages.

§                     Open Space: 25% provided (1.15 acres) (including buffers). Staff has requested the applicant provide the percentage of open space provided without including buffers so that it can be accurately reviewed.

§                     Amenities: Central Green area. Gazebo. Dog Park. Open green spaces between fronting rows.

§                     Access: Internal private streets, including alleys serving rear-loaded garages. Staff has informed the applicant that private roads require permission from the Mayor and Council.

§                     Parking: Street facing units around drive circle have driveway depths averaging 22.8' for lots 25-27 and 34-36 | Request to vary alley driveways to 20’ | Guest parking: 20 spaces. The applicant has agreed to remove the three parking spaces closest to Powder Springs Road.

Requested Variances

i.                     Perimeter Landscape Buffer:

a.                     Reduction on the north side from 25' to 20'.

b.                     Reduction on the east side from 25' to 15'.

c.                     5' encroachment of sidewalk into the 25' buffer on the west side.

ii.                     Driveway Depths and Alley Widths:

a.                     Driveway depths reduced to 20’.

b.                     Alley Width reduced to 16’.

iii.                     Use of Buffers as Open Space:

a.                     Perimeter buffer counted as open space to meet the minimum 20% open space requirement. 25% provided.

SURROUNDING AREA

 The property is situated in a rapidly growing area along Powder Springs Road, characterized by a mix of residential development types. To the east, the site is adjacent to the Creekwood subdivision, an active adult quadplex neighborhood. To the west, is an existing traditional R20 subdivision. Further east is the recently completed Fairhaven and Villages at Preston , which includes both detached single-family homes and townhomes. To the south and west, across Powder Springs Road, lies the recently completed Tapp Farm subdivision, which features attached and detached single family units. To the south is Light Industrial (LI) zoning where a new climate-controlled storage facility is being developed. The proximity of these developments highlights the area's transition from large-lot residential zoning to a more diverse range of housing densities and types, consistent with the goals of the city's Comprehensive Plan.

Figure 1. Surrounding Area - Zoning Districts.

Figure 2. Aerial Map.

Figure 3.  Future Land Use - Suburban Residential Development

Figure 4. Site Plan

Figure 5. Proposed front elevations of single-family units. Revised elevations have not been provided.

Figure 6. Site Plan Revisions.

Key Revisions Addressing Prior Concerns

1.                     Reduced Density & Future Land Use Compatibility:

•                     The unit count has been reduced from 36 to 25 townhomes, lowering the proposed density to approximately 5 units per acre, which is more in keeping with the character of adjacent neighborhoods, but does not meet the density or appropriate uses listed in the Suburban Residential Neighborhood category.

2.                     Buffer Preservation & Screening:

•                     The applicant has removed all nature trails from perimeter buffer areas, preserving them for dense landscaping and natural vegetation. These preserved buffers will lessen impacts with Creekwood and adjacent lower-density residential uses to the north and west. The buffer still does not meet the minimum buffer of 25 feet.

3.                     Traffic Access & Corridor Management:

•                     The project now proposes a right-in/right-out only access configuration onto Powder Springs Road, improving access management and safety. Although limiting to right-in/right out, the site is too narrow to meet deceleration land and taper requirements of the UDC.

•                     The 2018 Georgia Tech Corridor Study recommended converting the existing center turning lane into a planted median with strategic turn cuts along the corridor.

•                     The city has planned roadway improvements in the area that can be extended to include this proposed development. In order to mitigate the traffic impact of this development, a recommended stipulation, should the applicant agree, is a financial contribution to this road project, like that paid by the Villages and Fairhaven at Preston and Tapp Farm developments.

4.                     Emergency Access & Internal Circulation:

•                     Non-compliant dead-end alleys have been eliminated from the revised site plan.

•                     The development now features interconnected streets and alleys that provide fluid and continuous circulation for residents, guests, and emergency vehicles.

•                     Cobb County Fire Marshal’s Office has indicated that the revised plan complies with requirements for turnarounds.

5.                     Stormwater Facility Screening:

•                     The detention pond at the front of the property will be screened by a monument wall designed to be architecturally compatible with the development, and heavily landscaped.

•                     The monument wall shall be subject to administrative design review, and no certificates of occupancy shall be issued until the wall is completed and approved by the Community Development Department.

•                     Staff’s recommendation is that the stormwater be relocated so that it is not located along the frontage of Powder Springs Road.

Traffic Impact Analysis Summary

1.                     Trip Generation:

•                     AM Peak: 18 trips.

•                     PM Peak: 22 trips

2.                     Findings:

•                     The study indicates that future “Build” conditions indicate minimal impact on existing traffic levels.

•                     A deceleration lane is warranted at the site driveway to improve traffic flow. However, staff review has determined that a deceleration lane meeting code requirements is not feasible given the narrow frontage of the subject property.

Fiscal Impact Analysis

Summary of Key Findings

1.                     Projected Taxable Value at Build-Out:

•                     The 36 townhomes are estimated to have a total taxable real estate value of $13,535,000 upon project completion. The project was later reduced to 25 units resulting in a total taxable real estate value of $9,399,305.

•                     The average taxable value per unit is approximately $355,000 (2024 dollars).

2.                     Municipal Revenues:

•                     Estimated Annual Revenues: $93,828, including property taxes and other non-tax revenue sources. With the number of units reduced to 25 units, the annual revenue is reduced to $89,293

•                     Property taxes account for the largest share of revenue, followed by sanitation, stormwater, and street lighting fees.

3.                     Municipal Service Costs:

•                     Estimated Annual Service Costs: $68,700, covering general government, public safety, public works, and other services. The estimated annual cost based on 25 units is $47,500.

•                     The cost per unit is projected at approximately $1,900, reflecting the anticipated demand for municipal services from the 25 new households.

4.                     Net Fiscal Impact:

•                     Annual Surplus at Build-Out: $25,128, representing a 27% margin of revenues over costs. The annual surplus at Build-Out with 25 units results in $41,793, representing a 48% margin of revenues over costs.

•                     20-Year Net Present Value (NPV): $131,300, reflecting the long-term positive impact of the development, even as municipal costs increase over time.

5.                     Phasing and Timeline:

•                     Construction is anticipated to begin in mid-2025, with full build-out and property tax assessment by 2028.

•                     Delays in individual unit sales could slightly affect the timing of property tax revenue collection.

Implications for City Finances

1.                     Positive Short- and Long-Term Fiscal Impact:

•                     The development is expected to generate a consistent net surplus, enhancing city revenues while requiring manageable increases in municipal service costs.

2.                     Support for Capital Needs:

•                     The projected fiscal surplus can be allocated toward city-wide needs, including capital improvements, debt servicing, and other priorities.

3.                     Growth Management Considerations:

•                     As the development ages, homestead exemptions and slower property appreciation may erode the net fiscal impact. However, higher turnover rates and investor purchases could offset some of these effects.

REZONING REQUEST 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 rezoning to PUD-R is not compatible with the purpose and intent of the Powder Springs Comprehensive Plan. The property is designated as Suburban Residential Neighborhood on the city’s Future Land Use Map. This designation prioritizes single-family detached housing as the primary use, with the intent of maintaining a lower-density, family-oriented character. The product proposed by this application are townhouses, which are inconsistent with the future land use category. Staff recommends densities between 3-5 units per acre for suburban residential neighborhoods. This product exceeds the recommended density.

Furthermore, the requested variances to reduce wooded buffers undermine the separation and transition principles crucial for preserving neighborhood character in residential areas where densities vary.  The reduction in unit count from 36 to 25 brings the density to 5 U/A which is comparable to Tapp Farm, and is now closer to the adjacent Creekwood’s of 3.4 U/A. However, the residential subdivision to the west has a density of between 1-2 units per acre.

The Future Land Use Map (FLU) designates the site as Suburban Residential Neighborhood. The applicant has reduced density to be closer to the densities of the surrounding new developments, however it still exceeds the recommended density for suburban residential density. Should this rezoning be approved staff recommends a future land use amendment to Village Center Residential-a designation that applies to the adjacent Creekwood active adult quadraplex community. The future land use category of Suburban residential neighborhood lists single family detached houses as the appropriate use.  Village Center Residential includes townhouses as an appropriate use.

For PUD-R, the building setback abutting any zoning district must be 35' along the perimeter of the site. Per Sec. 2-15 (c) and the minimum landscape buffer width abutting any zoning district shall be 25' for the entire perimeter of the site. Per Sec. 2-15 (d)

Applicant’s Response: The Subject Property is located in the City of Powder Springs as is noted as being in the LD Residential land use category on the City’s Future Land Use Map (“FLUM”).  The City of Powder Springs FLUM indicates nearby properties in the City of Powder Springs along this section of the north side of Powder Springs Road are delineated as being in the MD Residential, Office Commercial, Mixed Use and Retail Commercial land use categories.  The proposed PUD-R zoning district and the proposed use contained and embodied within the Application will allow the Subject Property to be developed on a tract of land that is between attached residential to the east (also zoned PUD-R) and detached residential to the west.  

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 and uses permitted within the PUD-R district are suitable in view of the zoning and development of the nearby properties. A mix of attached and detached single family residential prevails on all sides of the proposed site. However, the proposed development does not incorporate sufficient buffers and uses buffer space toward required open space.  As proposed, the development will be required to install dense buffer landscaping to mitigate visual and functional impacts on adjacent residential properties.

Applicant’s Response: The zoning proposal will permit a use of the property which is suitable in the context of development and existing zonings which are in direct contiguity or adjacent to the

Subject Property and along this area of Powder Springs Road.

c.                     Whether the existing use or usability of adjacent or nearby property will adversely be affected by one or more uses permitted in the requested zoning district.

The reductions in wooded buffers diminish the effectiveness of these areas as visual and physical barriers.  To the north, the stormwater management facility enhances separation, and to the west the elevated berm between the developments, and the location of Shellydale Drive, provide separation. Staff notes that the applicant is requesting some reductions or encroachment into the minimum buffer areas.

The applicant has proposed a monument wall and landscaping to address concerns about the location of the second stormwater facility. The location is on Powder Springs Road and could detract from the area’s aesthetic character, however, the monument wall proposed is intended mitigate these concerns and to improve aesthetics by adding the architecturally rich feature wall.

Applicant’s Response: The zoning proposal will have no adverse effect or impact upon the existing uses or usability of adjacent or nearby properties, the preponderance of which are residentially zoned and which transition to commercial westward on the north and south sides of Powder Springs Road.   Nearby properties within the City of Powder Springs have varying densities for MDR and LDR residential zonings.

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

The existing zoning is R-20, and the site is currently used as zoned.   The current zoning would limit the number of units to 20,000 sf lots. The density proposed by the applicant is 5 u/a. The immediate adjacent to the Creekwood subdivision, an active adult quadplex neighborhood is 3.3 u/a. Tapp Farm is 5.5 u/a. The proposed development falls within the range of 3-5 u/a which would be compatible with the nearby developments. Reducing buffer diminishes the separation, however, the applicant is agreeable to dense buffer plantings to enhance visual and physical separation.

Applicant’s Response: The Subject Property to be affected by the Rezoning proposal has limited reasonable economic use as currently zoned in that the fair market value of same falls below the

range of values of similarly zoned and situated properties with equivalent utility.  Additionally, the present owners of the Subject Property are suffering a significant economic detriment by virtue of the continuation of the present R-20 zoning classification.  Additionally, the Rezoning of the Subject Property for single-family, attached townhomes will present a unique and appropriately positioned use that brings a combination of two long, rectangular parcels into one residential development.

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.

The site plan has been modified to remove non-compliant alleys and provide turnarounds and improved circulation. The proposed development does not meet access spacing requirements along Powder Springs Road. The site plan shows 130 feet of spacing from Shelleydale Drive, falling short of the 230-foot requirement for a 45 MPH posted speed. Additionally, the curb radius of the proposed road encroaches on adjacent property. The traffic impact study recommends a right-turn (deceleration) lane for safe access to the development. However, the current site plan lacks the space or provisions for implementing this required infrastructure improvement. Should this application be approved, staff recommend consideration of reduction of the speed limit on Powder Springs Road/ Richard Sailors Pkwy from Hopkins Road to Old Lost Mountain Road to 35 mph.

Applicant’s Response: The zoning proposal will have no adverse impact upon the existing infrastructure including, but not limited to, existing streets, fire and police protection, transportation facilities, utilities or schools. 

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 proposed rezoning advances the goal of the comprehensive plan related to developing quality housing units. Ther are no changing conditions not anticipated by the comprehensive plan.

Applicant’s Response: The proposed use will occupy a section of Powder Springs Road that is in an area

developed with attached and detached residential, retail, office, industrial and parks uses.

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.

The property can be used and developed under the existing R20 zoning designation. The narrow frontage of the site does not allow the installation of a deceleration lane per the Unified Development Code and may negatively impact transportation in the area. If the development is zoned, staff recommend the development to be right in/right out only and a contribution toward the installation of a median on Powder Springs Rd.

Applicant’s Response: The single-family townhome proposal is balanced between the proposed zoning classification and the uses of the Subject Property and the proposed uses’ impact to the public’s health, safety, and general welfare, all of which are beneficial from a land use perspective.

STAFF RECOMMENDATION:

Staff finds that additional information is required prior to consideration by the Planning and Zoning Commission and Mayor and Council.

1.                     Staff recommends connection to Shelleydale Drive, so that this subdivision can be served by the proposed traffic signal.

2.                     Site plan be revised showing required buffers, open space calculation not including buffers, required perimeter setbacks, including the required 20’ front landscape strip, removal of the parking spaces at the entry of the subdivision and the addition of right-of-way for the roads.

3.                     Applicant to submit a revised list of required variances. Variances should not include reduction in buffers, but rather encroachments into the required buffer.

4.                     PUD-R application updated to include the following applications requirements for PUD-R zoning; detailed architectural elevations of the proposed buildings, and lot typical for interior and corner lots.

5.                     Setbacks must be calculated from the site plan and added to the list of stipulations.

Based on current information provided and as presented, staff recommends denial based on the density, traffic impacts, and citywide number of townhouse units. Should Council approve the application that the following conditions should be included.

1.                     The Subject Property shall be developed in substantial conformity to the site plan prepared by DGM Land Planning Consultants, Inc., dated March 16, 2025, inclusive of City Staff and TSW recommendations.

2.                     All elevations shall be in substantial conformity to the renderings submitted with the application, and shall comply with the City’s design guidelines, subject to administrative design review and approval by the Community Development Department. All units shall be rear entry.

3.                     A maximum number of units 25 attached single-family townhomes shall be developed.

4.                     Materials to be used on exterior facades of all buildings shall include no less than 50 percent brick or stone on the front and side facades. If the rear of the building faces the main right-of-way, 50 percent brick on the rear façade that is visible to the main road will be required. Brick and stone requirements shall be applied to all stories of a building. All other building materials must be consistent with the architectural standards outlined in this Code, including the City’s Design Guidelines.

5.                     All units must have two-car garages. All garages shall be pre-wired for Level 2 EV charging capability (NEMA 14-50 or better).

6.                     Recreational amenity area(s) shall be developed with a gazebo, a dog park, and a common central green and shall meet ADA accessibility requirements.

7.                     A mandatory Homeowners' Association (HOA) shall be established and be responsible for common area maintenance including stormwater facilities, sidewalks, and fencing.

8.                     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.

9.                     Subject to recommendations from the City of Powder Springs Engineer and/or the City’s consultants concerning hydrology, stormwater management, detention, water quality and downstream considerations, including recommendations regarding the ultimate positioning and configuration of on-site detention and water quality. Also, compliance with the following engineering considerations:

a.                     Providing the City Engineer and/or the City's consultants with a Hydrology Plan for the Subject Property during the Plan Review process.

b.                     Verifying all points of discharge with respect to detention/water quality.

10.                     A landscape plan shall be submitted during Plan Review and approved by the Community Development Director. The plan must include:
a. A densely planted landscaped buffer around the perimeter adjacent to existing residential and shall be supplemented to compensate for the buffer reductions on the north and east boundaries.
b. Screening of rear detention facility using evergreen plantings; screening of front detention facility using a monument wall and enhanced landscape design.
c. Landscaping stamped and signed by a Georgia Registered Landscape Architect.

11.                     All utilities shall be placed underground.

12.                     Entry signage shall be ground-based, monument-style, landscaped, lighted and irrigated.

13.                     All HVAC, mechanical systems and home utilities within the community shall be screened by way of fencing and/or landscaping.

14.                     All common areas and sidewalks must be ADA accessible.

15.                     The applicant agrees to traffic improvements necessitated by the traffic study; Department of Transportation; City engineer or engineering consultants. Access to Powder Springs Road shall be restricted to right-in right-out movements only. Required transportation improvements will be determined at the time of land disturbance permit.

16.                     The applicant agrees to contribute <INSERT AMOUNT> to contribute to the funding of a joint public/private project improving the area of Powder Springs Road directly adjacent to the development.

17.                     Development must be submitted for lot combination plat within 12 months of City Council approval and prior to Land Disturbance Permit issuance.

18.                     No Certificates of Occupancy shall be issued prior to the completion of the monument wall screening the front detention facility, subject to the review and approval of the Community Development Department.

19.                     No more than 50% of Certificates of Occupancy shall be issued prior to the completion of the amenities package.

20.                     The Community Development Director may approve minor modifications except those that:
a. Increase density;
b. Move structures closer to adjacent property lines;
c. Increase building height adjacent to residential zones;
d. Change access points to different rights-of-way.

21.                     Approval subject to compliance with all recommendations from City Engineer and consultants regarding stormwater, grading, traffic, and fire safety.

22.                     All unit separation fencing shall be uniform and controlled by the HOA.

23.                     All buffer areas, landscaping, yards, parking spaces, stormwater ponds and landscaping shall be owned and maintained by the HOA.

24.                     If development is stalled for 6+ months post-clearing, site must be stabilized and replanted per the approved landscape plan.

25.                     The site plan will be modified to remove the parking spaces located at the entrance of the subdivision. 

26.                     Compliance with Sec. 4-120 is required, this includes the minimum townhouse footprint of 1000 sf and staggering units.

27.                     Owner occupancy. Declarant or any builder constructing homes within the property must sell any such home for owner occupancy only. Thereafter, leasing of any units within the property shall not exceed five percent of the total units for the entire development. The covenants shall contain a provision that each residential unit shall be owner occupied. Leasing of any residential unit shall be limited to no more than five percent of the total number of homes and for no lease term of less than one year. The homeowners association (or property owner's association) must maintain records dealing with leases within 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 at the time of such request by the city. The association agrees to provide upon request from the City of Powder Springs any and all information relating to existing leases at the time of such request by the city. The covenants shall name the City of Powder Springs as a third party beneficiary for the purpose of enforcing the leasing provisions. No amendment to the leasing provisions shall be made without prior written approval of the City of Powder Springs.

28.                     Unless authorized by Mayor and Council all roads, with the exception of alleys, shall be public. Should private roads be considered all requirements of the Unified Development Code must be met, and a plan for funding the maintenance of roads must be submitted to council for review.

29.                     As part of the review for the land disturbance permit, access from Powder Springs Road shall be examined. The developer shall contribute $11,000 toward the installation of median at Powder Springs Road. The fee shall be paid to the City of Powder Springs prior to the issuance of a land disturbance permit.

30.                     In order to address traffic concerns, the City shall consider a reduction in the speed limit to 35mph.

The following variances were requested as part of this application. Staff recommends denial of the variances.

a.                     Perimeter Landscape Buffer:

1.                     Reduction on the north side from 25' to 20'.

2.                     Reduction on the east side from 25' to 15’.

3.                     5' encroachment of sidewalk into the 25' buffer on the west side.

b.                     Driveway Depths and Alley Widths:

1.                     Driveway depths reduced to 20’.

2.                     Alley Width reduced to 16’.

c.                     Use of Buffers as Open Space:

1.                     Perimeter buffer counted as open space to meet the minimum 20% open space requirement. 25% provided.

APPENDIX. Cobb County and City Department Comments.

I.                     Cobb County FMO.

II.                     Cobb County DOT.

III.                     School District. Responding in reference to PZ24-029 and PZ24-032

IV.                     Civil engineering - Croy.

V.                     Powder Springs Police Department.

VI.                     City Engineer Comments

•                     Comprehensive plan shows site as single family residential and suburban residential, not typically inclusive of PUD-R.

•                     Decel length is shorter than desired and below GDOT minimum but it is not the shortest on Powder Springs/ Richard D Sailers

•                     Parking spaces up front are too close to entrance of S/D

•                     Still feel that this is the best option. It would take some coordination with the eastern development’s owners, but I would much rather see this development use the existing access on Shelleydale Drive (Creekwood S/D). Seems very feasible, with coordination.

•                     The entrance does not meet driveway spacing requirements per GDOT Table 3-1. The driveway as shown on the zoning plan only has about 130 feet of space from Shelleydale Drive, which is less than the minimum of 230 feet GDOT requirement (45 MPH posted speed, min. spacing 230 feet, measured from end of driveway radius).

•                     For PUD-R, The minimum landscape buffer width abutting any zoning district shall be 25' for the entire perimeter of the site. Rear shown as 20’, and east shown as 15’. Per Sec. 2-15 (f) 2.

•                     For PUD-R, Driveway length minimum is 22-ft, plan shows 20’. Sec.2-15 (f) 3.

•                     Developer is putting monument wall, I agree should be required. Would like to see the front pond moved to avoid visibility from main public road.

•                     Per Sec. 4-120 (b) Minimum lot size. The minimum lot size for a fee-simple townhouse lot shall be 1,000 square feet, with an overall average of 2,400 square feet for the townhouse development. Does not look possible with current size and spacing. Also, first floor heated square footage looks like roughly 870 SF, seems small

•                     Ultimately the access just does not work for the minimum amount of road frontage they have