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Victory Covenant Ministries
LL 946, 4070 Austell Powder Springs Road, Powder Springs, GA 30127
Hardship Variance -
Minimum lot size requirements for a church
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PETITION: The application for a hardship variance was initiated by the applicant, Victory Covenant Ministries. The request is to vary the two acres minimum requirement in accordance with Sec. 4-70 of the UDC at Land Lot 946, 19th District, 2nd Section, Cobb County, GA.
Hardship Variance - To permit the use of a Church at the above subject site
Recommendation:
Staff recommends denial of the application.
Should Mayor and Council consider approval, staff recommends the following conditions:
1. A full site plan will be required prior to the site being occupied or any permits being issued to be reviewed by City of Powder Springs staff and Cobb Fire Marshal approval. Additionally, if at that time the site plan reveals that parking does not meet the code requirements, additional variance(s) will be needed.
2. Said site plan be reviewed for conformance with the Unified Development Code and will be reviewed against Article 1 of Division VI of the Unified Development Code. At a minimum, landscaping and parking lot improvements will be required.
Background:
Victory Covenant Ministries is petitioning for approval variance to allow a church at 4070 Austell Powder Springs Road, Land Lot 946 of the 19th District, 2nd Section, Cobb County, GA on a site that does not meet the minimum acreage requirements. The property is zoned Community Retail Commercial (CRC) and is 0.51 acres. The CRC zoning district is intended to implement the “community activity center” future development established by the comprehensive plan. This zoning district is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network. Higher density residential uses in certain locations may be permitted in accordance with Sec. 2-24. of the Unified Development Code (UDC). The property is surrounded by CRC and Residential (R-15) Zoning Districts located in the city. A Church, temple, synagogue, or place of worship is only permitted via Special Use approval within this Zoning District.
As submitted, the parcel of land does not meet the City’s UDC minimum requirement for minimum acres standards. The site does not have 2 acres of dedicated space in accordance with Sec. 4-70 of the UDC.
Analysis:
The subject property is located at 4070 Austell Powder Springs Road. The applicant has submitted applications to permit a church at the location indicated above and a hardship variance regarding minimum acreage requirements per Section 4-70 of the UDC. The property is developed with an existing building and is located in the CRC zoning district.
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 has reviewed the request to vary the two acres minimum requirement to allow a church. This variation is reviewed by the criteria established in Article 14, Section 14-24 of the City of Powder Springs Unified Development Code (UDC) for considering approval or denial of a hardship variance.
Assessment: Section 4-70 of the City’s UDC also require churches or places of worship to be established on a lot having a minimum area of two acres dedicated to the use.
1. Review Criteria: Are there extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography?
As submitted, the proposed site does not meet the minimum acres standards.
The subject property is a developed site with a 3,600 square foot building on 0.6 acre of land. Because the site is less than 2 acres, it does not meet the minimum acreage of dedicated use required for a Church or other place of worship in the CRC zoning district. Therefore, the applicant is requesting relief from this strict requirement. There are no extraordinary and exceptional conditions pertaining to the particular piece of property regarding size, shape or topography.
2. Review Criteria: Would the application of the Development Code to this particular piece of property create an unnecessary hardship?
One reason for the 2 acre limitation is to allow adequate space for a parking lot large enough to serve the church and meeting all other code requirements including landscaping, parking, access and stormwater. A site plan showing all required details of the parking lot may reveal that not enough space exists on site. Additionally, having adequate land area ensures that assemblages of people are properly buffered from surrounding uses. Application of the code would not allow this property to be used as a church, although, it may have been used as a church in the past. The property has been vacant for several years, and therefore no previous use is grandfathered.
At this time, the information provided by the applicant at the request of the Planning and Zoning Commission is insufficient to determine if parking requirements are met. However, the floor plan provided on Thursday, June 14th, 2018 does provide some of the information that can be used to estimate the required parking requirements. Staff has determined that a minimum of 22.5 parking spaces is required based on the floor plan provided by the applicant, which shows a total of 89 seats. Table 6-4 under Article 6 of the UDC provides the minimum parking requirement needed for a church.
GOVERNMENT - INSTIUTIONAL USES
Assembly hall; auditorium; nonprofit club or lodge 1 per 4 seats in room with greatest seating capacity or 1 per 40 square feet in largest assembly area without fixed seating 1 per 3 seats in room with greatest seating capacity or 1 per 30 square feet in largest assembly area without fixed seating
The main question regarding the acreage of the property has been answered (0.6 acres), and is sufficient for staff to make a recommendation to the Planning and Zoning Commission and the Mayor and Council. If the application is approved by the Mayor and Council, a full site plan will be required prior to the site being occupied or any permits being issued to be reviewed by City staff and the Cobb County Fire Marshal’s Office. Additionally, if at that time the site plan reveals that parking does not meet the code requirements, additional variance(s) will be needed.
3. Review Criteria: Are there conditions that are peculiar to the property involved that adversely affect its reasonable use or usability as currently zoned?
The proposed site does not meet the minimum acres standards.
The subject property was developed with a 4,151 square foot building on 0.6 acres of land. There are no peculiar circumstances on this property that prevent it being used as zoned. Currently, the site will not meet required acreage requirements regarding a dedicated use for a church. Other uses permitted in the CRC zoning district with adequate parking will be permitted.
4. Review Criteria: Would relief, if granted, cause substantial detriment to the public good or impair the purpose and intent of the Development Code or the Comprehensive Plan?
The applicant seeks to use the existing site as a Church. As currently proposed, minimum acreage standards for a Church cannot be met. The requirement for minimum acreage is to ensure that all places of assembly similar to a church or other place of worship has adequate space for meeting code requirements including landscaping, parking, access and stormwater. A site plan showing all required details of the parking lot may reveal that not enough space exists on site. Additionally, having adequate land area ensures that assemblages of people are properly buffered from surrounding uses. Granting of this variance would impair the purpose and intent of the Unified Development Code. This property does not meet the requirements of the Unified Development Code. If a variance is granted for this property, staff recommends that the Mayor and Council consider a text amendment. Staff has researched codes in other jurisdictions and has found that similar, if not more stringent requirements exist in other areas.
Fiscal Impact:
Approval of the request may have an impact on traffic, place additional demand on water and sewer service and may impact other public services.
Recommendation:
Staff recommends denial of the application. If Mayor and Council should consider approval, staff recommends approval with the following conditions:
1. A full site plan will be required prior to the site being occupied or any permits being issued to be reviewed by City of Powder Springs staff and Cobb Fire Marshal approval. Additionally, if at that time the site plan reveals that parking does not meet the code requirements, additional variance(s) will be needed.
2. Said site plan be reviewed for conformance with the Unified Development Code and will be reviewed against Article 1 of Division VI of the Unified Development Code. At a minimum, landscaping and parking lot improvements will be required.
Attachments:
Aerial of the property showing existing conditions, insufficient parking lot site plan, and building floor plan