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File #: PZ 22--004    Version:
Type: Rezoning Status: Passed
File created: 1/7/2022 In control: City Council
On agenda: Final action: 4/18/2022
Title: Rezoning Request: 5550 and 5556 Story Road. To consider rezoning from R-30 in the County to PUD-R in the City. The property is located within land lots 820, 821, 883, 882 of the 19th District, 2nd Section, and Cobb County, Georgia. Related Annexation Petition: ORD 22 - 002
Attachments: 1. DRAFT MOTION. PZ 22-004. April 18 2022., 2. STORY ROAD PUD-R SITE PLAN 4-7-22.pdf, 3. Vicinity Map, 4. REVISED ALTA SURVEY - 10-20-21, 5. Application for Rezoning, 6. SIGNED_Notice_of_Non-Objection_5550_Story_Rd_2022_01.pdf, 7. Elevations. Story Road.pdf, 8. Environmental Report: State Waters and Wetlands Delineation 10-5-21.pdf, 9. lot-detail-2-18-22.pdf, 10. Written comments in opposition. JOYCE CORN 4016 FINCH RD.pdf, 11. Signed PZ 22-004 Motion to Table to 03-21-2022.pdf, 12. Written comments in opposition. Jim and Naomi Storey.pdf, 13. Draft Motion to Table 3/21/22, 14. PZ 22--004. Motion to table to April 18 2022.doc, 15. Signed PZ 22-004 Motion to table to 04-18-22.pdf, 16. Signed PZ 22-004.pdf
Related files: RPT 24-077
CASE NUMBER: PZ 22 - 004. Rezoning: Story Road.

APPLICANT: David Pearson Communities, Inc. Represented by Kevin Moore.

PETITION: Annexation and Rezoning: To annex into the City of Powder Springs and rezone from R-30 in the County to R-15 Conservation in the City. Annexation Ordinance #: ORD 22 - 002.

LOCATION: 5550 and 5556 Story Road, within land lots 820, 821, 883, 882 of the 19th District, 2nd Section, and Cobb County, Georgia.

ZONING: R-30 (County ACRES: 49.77 acres PINs: 19088300010 (portion), 19088300150.

VARIANCES REQUESTED: Variance requests to be heard separately via the planning and zoning process. Approval of Variances will not be included with the rezoning request approval, as is the case for PUD-R rezoning requests.
1. Table 2-2 to reduce side setbacks from 10 feet to 5 feet.
2. Sec. 15 - 108 (a) to reduce the minimum required conservation area for a Conservation Subdivision from 40% to 20%.

STAFF RECOMMENDATION: APPROVAL
PLANNING AND ZONING COMMISSION RECOMMENDS DENIAL

BACKGROUND: The applicant proposes to develop 117 residential units at a density of 2.35 units per acre. The total tract acreage is 49.77 acres and the total open space to be placed in conservation is 10.45 acres (21%). The county initially objected to the annexation on the grounds that the initial site plan had a proposed density of 3.33 units/acre, which exceeded the density cap for the area of 2 units/acre. The county's future land use designation for the area is Very Low Density (VLD), and per the HB 489 agreement, a density cap of 2.3 units/acre is allowable with 20% of the site placed in conservation. The applicant subsequently resubmitted the petition to annex and rezone. The notice of non-objection to the annexation petition, has been received from the County.

The City's storm water engineer, Jennifer Kobylus, conducted a state waters determination at the proposed site and noted ...

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