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PZ 18-026 Hardship Variance
Applicant: Westgate Church/ Heath Houston
Subject Site: 3217 New Macland Road, Unit 60 and 90, LL 725
UDC Section: Section 4-70, (h) Church or Place of Worship
PETITION: The applicant, Pastor Dwayne Terry and Mr. Heath Houston on behalf of Westgate Church is requesting a hardship variance for a church not meeting the minimum two (2) acre requirement. The subject site is located at 3217 New Macland Road, Unit 60 and 90 at Land Lot 725, 19th District, 2nd Section, Cobb County, Georgia.
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Background:
The subject site is located in the CRC zoning district with a physical address of 3217 New Macland Road. Per Table 2-3 of the Unified Development Code (UDC) a church in the CRC zoning district is a permitted use. However, such use must abide by Section 4-70 of the UDC. The location of the proposed church does not meet the two (2) acre minimum requirement dedicated solely to the use (Section 4-70 (a). The applicant is requesting a variance to this section of the UDC.
The CRC Zoning district is intended to implement the “community activity center” future land use designation established by the Comprehensive Plan. The main intent of the CRC zoning district is to accommodate commercial uses serving a citywide or regional market. The CRC district is designated on properties with access to major arterial streets and at intersections or arterial streets with other major street, where development nodes can be supported by the regional transportation network. The subject site is approximately 6.35 acres located at the intersection of Macedonia Road (major collector) and New Macland Road (arterial) and is adjacent to commercial and residential zoning districts (CRC, NRC and R20). There is retail activity at the intersection of Macedonia Road and New Macland Road, and a mixture of residential and commercial activity in close proximity of the site. The site consists of an existing commercial building consisting of the following tenants: London Cleaners, Mexican Restaurant, PS Bottles Shop, New Attitude Hair, Computer Store, Caribbean Grocery Shop, Tax Consulting, Mails Plus, West Tax Consulting, Nails Plus, Antique Mall, Little Rascals Daycare, Leslie Roberts, Carzell’s Restaurant, and Pizza Hut. The proposed church will occupy 9,000 square feet of leased space with approximately 200 seats. Based on Table 6-4 of the Unified Development Code the minimum parking spaces required is one (1) parking space for every four (4) seats. Therefore approximately 50 parking spaces will be required to support the proposed church.
Staff Analysis:
The purpose for the request is due to the location not meeting the minimum two (2) acre requirement identified below.
Sec. 4-70. Church or Place of Worship.
Churches or places of worship shall be governed by the following requirements:
(b) Minimum acreage. The church or place of worship shall be established on a lot having a minimum area of two acres dedicated to the use.
Staff is recommending denial for the following reasons:
1. Though a church is a permitted use in the CRC zoning district, the conditions outlined in Section 4-70 was intended to have such use as a standalone use with adequate acreage to support all the activities of a church or other place of assembly. Therefore, the proposed institutional use within a commercial building does not provide adequate space to allow activates typically related to a church.
In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and determined that one or more of the conditions required by Section 14-24 for issuing a variance exist as follows:
(a.) There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.
The subject site is in a commercial retail building on approximate six (6) acres that is being occupied by various tenants. The conditions outlined in Section 4-60 of the UDC requires two (2) acres (87,120 square feet) solely dedicated to the use. The applicant is wanting to lease a space in an existing establishment that is approximately 9,000 square feet. The 9,000 square feet is less than the required square footage outlined by the UDC.
(b.) A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located
The conditions outlined in Section 4-70 of the UDC requires all religious institutions to have a minimum two acres. The strict application of the code would deprive the applicant the use of the land for a church, but would allow other uses permitted in the CRC zoning district on the property.
(c.) Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located.
Staff is recommending denial. Granting of this variance would confer a special privilege of having a church, where it would not otherwise be permitted because of the acreage. Other churches or places of assembly may also seek variances.
(d.) The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare.
The subject site is an existing commercial building with several retail leased spaces. The use of this property as a church may hinder restaurants or other future alcohol sales on the property. As such the use may not be harmonious to the surrounding environment.
(e.) The special circumstances are not the result of the actions of the applicant.
The circumstances that exists are not as a result of the actions of the applicant. It’s an existing building in which the applicant is pursing to lease a commercial space if request is approved by the City.
(f.) The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed; and/or
The commercial building is primarily for retail space. If this request is denied there will be other opportunities for the space to be leased by another tenant provided their use is consistent with the City’s rules and regulations.
(g.) The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.
A church is a permitted use in the CRC zoning district. However, the site does not meet the two (2) acre requirement solely dedicated to the church as outlined in Section 4-70 of the UDC.
Fiscal Impact:
This is an existing commercial establishment that is already connected to water and sewer services. The application has indicated that Sunday will be the main day of operation. The applicant has indicated that there will be minimal traffic impact during the week. If approved there will not be significant impact on city services and infrastructure.
Recommendation:
Staff recommends denial of request to vary from the two (2) acre minimum requirement to permit a church at the above location.
Nevertheless, if it pleases the Mayor and Council to approve the petition, staff recommends the following conditions:
1. That the approval of this variance is not transferrable to any other business or subsequent owner.
2. Before application of a building permit, the applicant provide a scope of work and demonstrate compliance with Sections 1-69 and 1-70.
3. The applicant will demonstrate that there is adequate parking to support retail and institutional use at this location.
4. Applicant is notified that they will need to apply for tenant occupancy prior to renovating or occupying the site. This includes fire marshal, building official approval and payment of sewer capacity fees.
Attachments:
1. Westgate Application
2. Westgate Proposed Floor Plan
3.Tenants within Retail Establishment
4. Mailer Affidavit
5. Public Letter of Agreement