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File #: 2014-054    Version: 1 Name: Zoning Request Z14-007
Type: Zoning Status: Approved
File created: 2/25/2014 In control: City Council
On agenda: 3/17/2014 Final action: 3/17/2014
Title: Public Hearing - Zoning Request Z14-007 - Approval of a zoning amendment to modify zoning condition #1 of Z13-008 - 1.35 Acre Tract - Land Lot 593 - 1523 and 1531 Spring Street - JWB Properties, LLC
Sponsors: Teri Anulewicz
Attachments: 1. Z14-007_Memo, 2. Zoning Vicinity Map_Z14-007, 3. Land Use Vicinity Map_Z14-007, 4. Zoning Amendment Application_Z14-007, 5. Legal Description_Z14-007, 6. M&C Minutes_August 19, 2013 (Z13-008), 7. Approved Building Elevations_Z13-008
Impact
WARD:  3
 
COMMITTEE:  Community Development
 
$ IMPACT:  N/A
 
Title
Public Hearing - Zoning Request Z14-007 - Approval of a zoning amendment to modify zoning condition #1 of Z13-008 - 1.35 Acre Tract - Land Lot 593 - 1523 and 1531 Spring Street - JWB Properties, LLC
 
Body
ISSUE:  JWB Properties, LLC is seeking approval of a zoning amendment to modify zoning condition #1 from Zoning Case Z13-008. The proposed modification will allow for the use of hardy plank siding on the home elevation that fronts on Spring Street. This amendment will allow the homes to be constructed as originally proposed in Z13-008.
 
BACKGROUND:  The Mayor and Council approved the original rezoning (Z13-008) from R-15 to RAD-Conditional for the development of four (4) single-family homes by a vote of 7-0 at the August 19, 2013 meeting.
 
RECOMMENDATION/REQUESTED ACTION:  Community Development recommends approval of the proposed zoning amendment for 1523 and 1531 Spring Street for the modification of zoning stipulation #1 Zoning Case Z13-008. The modification to the zoning conditions is provided below (Highlighted in yellow):
 
Standard Conditions
(Requirements #2, 8, 9, 10, 12 and 17 from Section 1201 of the Zoning Code are 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 with a mandatory homeowners association 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 or 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.  The grass buffer may be waived if it is                   deemed unnecessary by the City Engineer.
 
7.            No debris may be buried on any lot or common area.
 
8.            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.       
 
9.            All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or            entrances.
 
10.            All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
 
11.            All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees             or three 4" caliper trees, unless otherwise approved by the City's Arborist.  The following species of trees may be used:  Nuttall Oak,                   Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City.
 
Special Conditions
 
12.            The development shall maintain the following setbacks:
      Front - 20'
      Side (exterior) - 7'
      Side (interior) - 5' with a minimum of 10' between buildings
      Rear - 40'
 
13.            The development shall be developed with a minimum lot size of 10,200 square feet.
 
14.            The proposed homes shall have a minimum floor area of 2,200 sq. ft.
 
15.            Driveway - 22' minimum length from building face to edge of shared driveway.  Each unit shall have a two-car garage.
 
16.            The final plat for the development shall include a right-of-way dedication of 5' along Springs Street.
 
17.            A new 5' sidewalk shall be constructed along Spring Street.
 
18.      Water quality shall be provided in accordance to the City's Stormwater Management Ordinance.
 
19.      The applicant shall work with the City Engineer to remedy sight distance issues along Spring Street. The applicant shall be responsible for       any improvements deemed necessary by the City Engineer.
 
20.      The developer shall create deed covenants for the shared driveway in which the ownership, maintenance, and utilization are the shared      responsibility of the HOA. These covenants must be supplied to the City prior to the issuance of a building permit.       
 
21.      Approval of the subject property for the Residential Attached Detached (RAD) zoning district shall be conditioned upon the development       of the property in substantial compliance with the site plan submitted 7/25/2013 created by DGM Land Planning Consultants. The       Community Development Director shall review and approve all minor changes and revision to the site plan during the plan review process.
 
22.      The applicant shall be bound to the elevations submitted and dated 7/25/2013. Approval of any change to the elevations must be obtained       from the Director of Community Development.
 
23.      The approval of the rezoning is subject to the stipulations agreed upon by the applicant in the letter submitted and dated July 25, 2013 by       Garvis Sams with Sams, Larkin, and Huff, LLP. If there should be a discrepancy between the stipulations in the July 25, 2013 letter and the       stipulations stated above, the stipulations stated above shall apply.