Impact
WARD: 7
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Zoning Request Z14-003 - Rezoning from R-15 to RAD-Conditional - 4.38 Acre Tract - Land Lot 335 - 4105 North Cooper Lake Road - McLane Corporation
Body
ISSUE: McLane Corporation is requesting a rezoning from R-15 to RAD-Conditional for the development of a 12 home subdivision at 2.74 units per acre at 4105 North Cooper Lake Road.
BACKGROUND: The rezoning request was heard by the Planning and Zoning Board on January 13, 2014 and was recommended for approval by a vote of 7-0. Before the the rezoning request was scheduled to be heard at the February 17, 2014 Mayor and Council meeting, the council raise the question of whether or not Plant Road was a public right-of-way or a private driveway for North Cooper Lake Park. The City Attorney reviewed the issue and determined Plant Road was a private driveway for North Cooper Lake Park. The zoning case has been tabled by the Mayor and Council several times while the determination on Plant ROad was being made. The applicant has redesigned the site plan to have access to the subdivision coming off North Cooper Lake Road. Community Development has determined this change to be significant enough to warrant a review by the Planning and Zoning Board prior to the zoning case being hearing heard by the Mayor and Council.
RECOMMENDATION/REQUESTED ACTION: Community Development recommends approval the rezoning from R-15 to RAD-Conditional for the 12 single-family units at a density of 2.74 units per acre with the following conditions:
Standard Conditions
(Requirements #2, 8, 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 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. The grass buffer may be waived if it is deemed unnecessary by the City Engineer.
7. 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.
8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways.
9. No debris may be buried on any lot or common area.
10. 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".
11. 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.
12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances.
13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
14. 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
15. The development shall maintain the following setbacks:
Front - 20'
Side - 5'
Street Side - 10'
Rear - 20'
16. The development shall be developed with a minimum lot size of 7,000 square feet.
17. The proposed homes shall have a minimum floor area of 2,000 sq. ft.
18. All new homes shall be accessed from the new proposed public roads for the subdivision.
19. Driveway - 22' minimum length from building face to back edge of sidewalk. Each unit shall have a two-car garage.
20. The developer shall provide access from the 50' cul-de-sac to the existing 5' sidewalk along Plant Road to provide pedestrian access to the City park.
21. The developer shall be responsible for the installation of all water and sewer lines.
22. 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.
23. The proposed stormwater management facility shall be tied into the existing city stormwater system on Plant Road.
24. The developer shall be responsible for the provision and dedication of a sanitary sewer easement for the connection to the city sanitary sewer system at time of final platting. The City Public Works Director and Parks Director shall review and approval all easements.
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. 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 submitted site plan dated 5/22/2014 created by London Patterson Engineering Support Services.
27. The applicant shall be bound to the elevations submitted and dated 12/13/2013. Approval of any change to the elevations must be obtained from the Director of Community Development.