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File #: 2014-295    Version: 1 Name: Zoning Request Z14-021 - M&C
Type: Authorization Status: Passed
File created: 9/4/2014 In control: City Council
On agenda: 10/6/2014 Final action: 10/6/2014
Title: Public Hearing - Zoning Request Z14-021 - Rezoning from R-15 and RTD to RTD-Conditional for the development of a 49 unit townhome subdivision - 13.203 Acre Tract - Land Lots 342 and 379 - 619 Church Road - Venture Homes, Inc.
Sponsors: Susan Wilkinson
Attachments: 1. Staff Memo_Z14-021_V.3, 2. Zoning Vicinity Map Template_Z14-021, 3. Land Use Vicinity Map_Z14-021, 4. Rezoning Application_Z14-021, 5. Existing Survey_Z14-021, 6. Proposed Site Plan_V.3_Z14-021, 7. Proposed Tree Plan_V.2_Z14-021, 8. Proposed Bldg Elev. & Flr Plans_Z14-021, 9. Facade Description_Z14-021, 10. Paid Tax Receipts_Z14-021, 11. Smyrna Water & Sewer Letter_Z14-021, 12. Warranty Deed_Z14-021, 13. Cobb Water & Sewer Letter_Z14-021, 14. Legal Description_Z14-021, 15. Legal Ad_Z14-021, 16. Correspondence_Z14-021
Impact
WARD:  5
 
COMMITTEE:  Community Development
 
$ IMPACT:  N/A
 
Title
Public Hearing - Zoning Request Z14-021 - Rezoning from R-15 and RTD to RTD-Conditional for the development of a 49 unit townhome subdivision - 13.203 Acre Tract - Land Lots 342 and 379 - 619 Church Road - Venture Homes, Inc.  
 
Body
ISSUE:  Venture Homes, Inc. is requesting a rezoning from R-15 and RTD to RTD-Conditional for the development of 49 townhomes at a density of 3.71 units per acre at 619 Church Road. This rezoning will not require a land use change of the Future Development Map from Medium Density Residential.
 
BACKGROUND:  The zoning request was tabled at the August 11, 2014  Planning and Zoning Board meeting to provide the applicant the opportunity to address staff comments and concerns. The rezoning request was heard by the Planning and Zoning Board of September 8, 2014.  September 15, 2014, Mayor and Council tabled this item to October 6, 2014
 
RECOMMENDATION/REQUESTED ACTION:  Community Development recommends approval of the request rezoning from R-15 and RTD to RTD-Conditional for the development of a 49 unit townhome subdivision at a density of 3.71 units per acre with the following conditions:
 
Standard Conditions
(Requirement #2 and 16 from Section 1201 of the Zoning Code is not applicable)  
 
1.      The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco.  No elevation shall be comprised of 100% hardy plank siding.  The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads.
 
2.      There shall be protective covenants on all lots. These protective covenants shall be supplied to the city prior to the issuance of a building permit.
 
3.      The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association.
 
4.      The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development.  The storm water detention plan shall be designed to create at least a 10% reduction in a 2-year to 100-year storm event. The City Engineer shall approve all plans.
 
5.      All utilities within the development shall be underground.
 
6.      The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review.  Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development.  A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk.
 
7.      The developer shall install a deceleration lane at the entrance for the subdivision. The deceleration lane shall have a minimum length of 150 feet with a 50-foot taper.
 
8.      A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet.
 
9.      The development of any streets (including private) shall conform to the city's standards for public right-of-ways.
 
10.      No debris may be buried on any lot or common area.
 
11.      The developer will install decorative streetlights within the development, subject to approval by the city engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting".
 
12.      The developer will comply with the City's current tree ordinance (unless noted elsewhere).  All required tree protection measures shall be adhered to by the developer during construction.
 
13.      All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances.
 
14.      All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
 
15.      A Level I Archeological Study shall be provided for the development. The developer shall verify to the city that any historical or archeological features (including civil war trench lines or evidence of encampments) identified in the study will be protected from development prior to the issuance of a permit for any land disturbance activities.
 
Special Conditions
 
16.      The development shall maintain the following setbacks:
Front - 20' (from the existing Right-of-way)
Side - 20'
Rear - 40'
 
17.      The buildings within the development shall maintain the following building separations:
 
Front to Rear - 50'
Front to Side - 40'
Side to Rear - 40'
Side to Side - 20'
 
18.      Driveway - 22' minimum length from building face to back of sidewalk or back of curb if no sidewalk is present.
 
19.      Each home shall have a fire sprinkler system approved by the City's Fire Marshal.
 
20.      The developer shall provide a right-of-way dedication along Church Road for the installation of a deceleration lane and sidewalk.
 
21.      The developer shall provide a 5' sidewalk with a 2' grass buffer along Church Road and a 4' sidewalk with a 2' grass buffer within the development.
 
22.      The developer shall provide a 10' landscape buffer per Section 503 of the Zoning Ordinance along the eastern property line.
 
23.      No stormwater management facility or portion thereof shall be located on any portion of the proposed lots. The stormwater management facilities shall be solely located on the HOA's property.
 
24.      Trees shall be planted the entire length of Church Road at an average spacing of no more than 40'.
 
 
25.      All trees within the limits of disturbance and not located within a tree protection area must be removed during the land clearing and grading phase of the development.
 
26.      No development permits shall be issued until the completion of the FEMA map revision.
 
27.      Approval of the subject property for the Residential Townhome District (RTD) zoning district shall be conditioned upon the development of the property in substantial compliance with the site plan submitted 9/30/2014 created by BH&D Engineering, Inc.
 
28.      The applicant shall be bound to the elevations submitted and dated 7/11/2014. Building fronts shall have a staggered appearance. Approval of any change to the elevations must be obtained from the Director of Community Development.