Impact
WARD: 3
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Zoning Request Z14-012 - Approval of a zoning amendment to eliminate zoning condition #9 that requires the new homes to have rear entry garages - 0.641 Acre Tract - Land Lot 489 - 2619 Hughes Street and 1146 & 1150 Fleming Street - 242 Development, LLC
Body
ISSUE: The applicant is requesting to eliminate zoning condition #9 from Zoning Case Z06-042 to allow the home builder the opportunity to choose between providing either a front-entry garage or rear-entry garage. Zoning condition #9 from Z06-042 requires the new homes to have rear-entry garages. The applicant believes eliminating this requirement will provide the home builder the opportunity to provide a variety of options when it comes to home product and if the homes are front entry homes, they will reduce the amount of impact on the critical root zone of the 55" oak tree. In addition, this request is similar to other zoning amendments approved in the immediate area (i.e. Hill Street).
BACKGROUND: The Mayor and Council approved the rezoning of the subject property from R-15 to RAD-Conditional on November 6, 2006 by a vote of 5-2.
RECOMMENDATION/REQUESTED ACTION: Community Development recommends approval of the zoning amendment to eliminate zoning condition #9 from Zoning Case Z06-042 (changes are highlighted in yellow):
Standard Conditions
(Requirements # 2, 3, 4, 5, 6, 8, 9, 10, 12, 14, 15, 16 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.
2. 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.
3. No debris may be buried on any lot or common area.
4. 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.
Special Conditions
5. The final plat for the development shall include a right-of-way dedication of 10' along Flemming Street and 10' along Hughes Street per the City Engineer. Setbacks shall be taken from the existing right-of-way.
6. The existing home is to remain on site.
7. Each residence will be a minimum of 2,500 square feet in area.
8. The shared driveways shall have a minimum width of 15'.
9. Each residence shall have rear entry garages.
10. The developer shall create deed covenants for the shared driveways in which the ownership, maintenance, and utilization are the shared responsibility of each homeowner. These covenants must be supplied to the City prior to the issuance of a building permit.
11. All utilities within the development shall be underground and will not be permitted in the tree save areas of the specimen trees on site.
12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for this site.
13. All yards and common areas are to be sodded, and landscaped. Irrigate with an automatic irrigation system. The Automatic irrigation system is not permitted with tree save areas. A landscape and irrigation plan must be submitted simultaneously to the Department of Community Development.
14. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either three 4" caliper trees. 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.
15. The development shall maintain the following setbacks:
Lot 1:
Front - 20'
Rear - 108'
Interior Side - 5' (Minimum of 15' between buildings)
Exterior Side - 10'
Lot 2:
Front - 20'
Rear - 45'
Side - 5' (Minimum of 15' between buildings)
Lot 3:
Front - 30'
Rear - 20'
Interior Side - 5' (Minimum of 15' between buildings)
Street Side - 30'
Lot 4:
Front - 20'
Rear - 60'
Side - 5' (Minimum of15' between buildings)
16. A 6' chain link fence shall be installed for tree protection instead of the 4'-tall orange tree fence around the critical root zones of all specimen trees that will remain on the property and the 44" White Oak on the adjacent property to the east. The chain link fencing shall be placed outside the trench used for root pruning. The fencing shall be constructed immediately after root pruning has occurred.
17. All preventative measures must be in place before the issuance of any land disturbance permits. The preventative measures that must be in place include: (1) the cultivation of the soil to a depth of approximately six inched around the stem of the 55" White Oak and the 44" White Oak on the adjacent property to the east to a distance of 15 feet and selected portions of the root zone to approximately the edge of the canopy using air excavation, (2) Compost and other amendments will be incorporated per the soil analysis report to promote root development and plant health, and (3) Mulch will be applied to the treatment area to a depth of approximately three inches upon the completion of the work.
18. A five-year letter of credit or Insurance bond shall be provided to the City equal to the replacement cost (recompensing inch-for-inch with 4" caliper trees) associated with the specimen tree up to a density of 20 units per acre and to the removal cost of the tree to be determined by the Community Development Department. The five-year letter of credit or insurance bond will take affect the day in which a land disturbance permit is issued. After five years, when the letter of credit or insurance bond is requested to be released, an inspection and resistograph test preformed by a Certified Arborist will be performed to assess the tree's vigor or decline. The resistograph will be compared to the resistograph conducted in September of 2006. If the arborist determines the tree to be in good health the letter of credit or insurance bond shall be released. If the arborist determines the tree to be in poor health or in decline, the tree must be removed with use of the letter of credit or insurance bond. The applicant must submit the results of the resistograph conducted in September 2006 to the Department of Community Development prior to the issuance of a land disturbance permit.
19. The developer shall provide arboricultural services from a certified arborist for a period of five years beginning prior to any type of construction or disturbance on the site. This service shall be provided in an attempt to help maintain the tree in its time of stress and to attempt to save the tree from decline. The maintenance plan submitted to the Department of Community Development on 10/31/2006 by the applicant shall serve as the maintenance required for the subject tree. Proof of Payment and the terms of the agreement of the services provided by the certified arborist must be submitted to the Department of Community Development prior to the issuance of the land disturbance permit. (The maintenance plan is attached to the zoning)
20. The subject tree shall not be counted towards the density requirement per the City of Smyrna's Tree Ordinance.
21. The City shall waive recompense for the 55" White Oak and the 33" Red Oak located along the southern shared property line.
22. The per unit value of the recompense shall be $785.00 by the recommendation from the City Arborist. This recommendation accounts for the current cost of an installed 4" caliper tree (approximately $550.00 per installed 4" tree).
23. Any specimen tree on site other than the 55" White Oak in question must be removed if encroachment of the Critical Root Zone (CZR) is 20% or greater.
24. Driveway - 22' minimum length from building face to back edge of sidewalk. Each unit shall have a two-car garage.