# 14-0156

PETITION NO. 2014ZM-0001 SFC
2014VC-0001 SFC
Project:
St. Joseph's Subdivision, Cedar Grove Road
Location:
St. Mark Way, St. David Street
Applicant's Intent:
To modify zoning condition 2.a. to revise the site plan in
order to combine lots 88 and 89 on St. David Street for an
amenity area and to modify condition 3.b. to reduce to the
minimum lot width for lot 79 on St. Mark Way from 60 to 51
feet. In addition the applicant requests a 3-part concurrent
variance for the proposed amenity area as follows:
Part 1. Reduce the landscape strip along St. David Street
for the proposed amenity area from 40 to 15 feet (Article
4.23.1 )
Part 2. Reduce the 25-foot undisturbed buffer and 10-foot
improvement setback for the proposed amenity area to a
15-foot undisturbed buffer with no improvement setback
along the west property line and a 15-foot landscape strip
planted to buffer standards along the east property line.
(Article 4.23.1 )
Part 3. Reduce the 50-foot undisturbed buffer and 10-foot
improvement setback along the north property line for the
proposed amenity area to a 25-foot undisturbed buffer with
no improvement setback. (Article 4.23.1)
Existing Petition No.:
2005Z -0063 SFC
Existing Zoning:
CUP (Community Unit Plan)
Overlay District:
Cedar Grove Overlay
Owner:
LGI Homes Georgia, Inc.
Applicant:
LGI Homes Georgia, Inc.
Representative:
LGI Homes Georgia, Inc., Seth Yurman
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PETITION
4-1
NO. 2014ZM-0001 SFC
BOC Meeting 03105/14
Department of Planning and Community Services
Recommendation
APPROVAL CONDITIONAL: 2014ZM-0001 SFC
APPROVAL CONDITIONAL: 2014VC-0001 SFC
Conditions To Be Modified:
2.
To the owner's agreement to abide by the following:
a.
3.
To the site plan received by the Department of Environment and Community
Development on June 28, 2005. Said site plan is conceptual only and must meet or
exceed the requirements of the Zoning Resolution and these conditions prior to the
approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first Certificate of
Occupancy.
To the owner's agreement to the following site development considerations:
b.
The applicant's proposed minimum setbacks and design standards are as follows:
Minimum Front Yard Setback
20 feet
Minimum Side Yard (Interior)
7.5 feet
Minimum Side Yard (adjacent to street) 10 feet
Minimum Rear Setback
20 feet
Minimum Lot Width
60 feet
Analysis and Recommendation:
The subject site is the St. Joseph's subdivision on Cedar Grove Road. The applicant seeks to
modify the conditions of zoning as follows:
Modification of condition 2.a.
Request to revise the site plan in order to combine lots 88 and 89 on St. David Street for an
amenity area.
The applicant seeks to revise the site plan in order to combine lots 88 and 89 on St. David Street
for an amenity area. The proposed amenity area would be a passive park which would include a
playground and a pavilion. The applicant has indicated that he is the majority lot owner of the
subdivision and declarant. He will record covenants in regards to the maintenance ofthe amenity
area. Given that St. Joseph's subdivision does not currently have an amenity area, Staff supports
the applicant's request to revise the site plan in order to add an amenity area.
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PETITION NO. 2014ZM-0001 SFC
BOC Meeting 03/05/14
In addition to the modification request, the applicant seeks a 3-part concurrent variance request to
reduce the required landscaping around the proposed amenity area as follows:
Part 1. Reduce the landscape strip along St. David Street for the proposed amenity area from 40
to 15 feet.
Part 2. Reduce the 25-foot undisturbed buffer and 10-foot improvement setback for the proposed
amenity area to a 15-foot undisturbed buffer with no improvement setback along the west property
line and a 15-foot landscape strip planted to buffer standards along the east property line.
Part 3. Reduce the 50-foot undisturbed buffer and 1 O-foot improvement setback along the north
property line for the proposed amenity area to a 25-foot undisturbed buffer with no improvement
setback.
In the letter of intent the applicant notes that the minimum required widths of the buffer and
landscape requirements restrict the placement of the proposed pavilion and playground area, and
do not allow an adequately sized pavilion and playground to such an extent that it would impede
the use and enjoyment of the amenity for the neighborhood.
The applicant states that he has
carefully reviewed the placement of the playground and pavilion to minimize the impact to the
surrounding homes.
Staff notes the proposed amenity area is adjacent to one single family lot to the west and the back
yards of two lots on the east side. The rear of the amenity area is adjacent to common area. The
applicant requests to grade along the east property line to improve drainage and to replant the
area to buffer standards. Staff notes that the lot has been graded and there are no trees in the
side or rear yards of the lot. The applicant will be required to plant both buffer areas to buffer
standards.
The applicant is of the opinion that the addition of an amenity area would benefit the subdivision
and the relief would be consistent with Article 22.3.1.A. which states that relief, if granted, would
be in harmony with the general purpose and intent of the Zoning Resolution. Given the amenity
area would benefit the subdivision, Staff supports the request provided additional conditions are
required.
The rear of the lot is adjacent to common area, but the side yards are adjacent to single family
lots. To mitigate any impact to adjacent property owners, Staff recommends a minimum 6-foot
high fence be required along the side and rear property lines. Staff recommends that the fence
along the side yards which is adjacent to single family lots, be opaque to add additional
screening. In regards to the fence material, Staff recommends a vinyl, composite or similar type
material. Staff has included these provisions in the recommendations.
The applicant also seeks the following modification.
Modify condition 3.b. to reduce to the minimum lot width for lot 79 on St. Mark Way from 60 to 51
feet.
Lot 79 on st. Mark Way is on a cul-de-sac. Due to the lot configuration and the location of the lot
on the cul-de-sac, the applicant requests that the minimum lot width at the building line be
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4-3
PETITION NO. 2014ZM-0001 SFC
BOC Meeting 03/05/14
reduced. Reduction in the lot width at the building line would allow the house to be placed closer
to the street while maintaining the front and rear setbacks which are required perthe conditions of
zoning. Due to the hardship due to the unique lot configuration, Staff supports the applicant's
request.
CONCLUSION
Should the Board of Commissioners approve this modification and concurrent
the conditions should be revised to read as follows:
2.
variance request,
To the owner's agreement to abide by the following:
a.
To the site plan received by the Department of Environment and Community
Development on June 28, 2005 and amended site Qlan for amenit~ area (lots 88 &1
89 received on Janua 27,2014L Said site plan is conceptual only and must meet
or exceed the requirements of the Zoning Resolution and these conditions prior to
the approval of a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
3.
To the owner's agreement to the following site development considerations:
b.
The applicant's proposed minimum setbacks and design standards are as follows:
Minimum Front Yard Setback
20 feet
Minimum Side Yard (Interior)
7.5 feet
Minimum Side Yard (adjacent to street) 10 feet
Minimum Rear Setback
20 feet
Minimum Lot Width
60 feet, exceQt 51 feet for lot 79
----------------~
I.
Reduce the landscape strip along St. David Street for the QroRosed amenity are
from 40 to 15 feet. (2014VC-0001 SFC, Part 1 ~
m.
Reduce the 25-foot undisturbed buffer and 10-foot improvement setback for th
proposed amenity area to a 15-foot landscape strip planted to buffer standards
along the west and east property lines. Install a minimum 6-foot minimum high
opaque fence along the property lines. Said fence shall be constructed of vinyl,
composite or similar type material. The finished side of said fence shall face the
exterior property lines. All fences shall reguire a seRarate Building Permit.
(2014VC-001 SFC, Part 2)
n.
educe the 50-foot undisturbed buffer and 1 O-foot improvement setback along the
Inorth property line for the proposed amenity area to a 25-foot landscape stri~
planted to buffer standards. Install a 6-foot minimum high fence along the rean
roperty line. The finished side of said fence shall face the exterior property lines.
~II fences shall reguire a seQarate Building Permit. (2014VC-001 SFC Part 3)
I
PI
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4-4
PETITION NO. 2014ZM-0001 SFC
BOC Meeting 03/05/14
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