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Change in Conditions, Paran Homes
Lots 6 and 7, Silver Springs II, 4560 Silver Springs Blvd and 4562 Silver Springs Blvd. Land Lot 826
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Zoning, Change in Conditions, Paran Homes - To consider the change in zoning conditions/variance application by Paran Homes to change the front setback requirement for lots 6 and 7, Silver Springs II, 4560 Silver Springs Blvd and 4562 Silver Springs Blvd. respectively, Land Lot 826, 19th District, 2nd Section, Cobb County, Georgia.
Prepared By: Community Development
Recommendation:
Approval of change in conditions with the following stipulations:
1. That the Final plat be revised to reflect the change in zoning condition based on the Foundation Survey dated 7/19/17.
2. That all previous stipulations approved by Mayor and City Council except as herein modified remain in full force and effect.
3. That the front setbacks for Lots 6 and 7 be staggered in order to blend.
Background:
The subject property is located in Land Lot 826 and currently zoned Medium Density Residential (MDR). The property originally was rezoned as part of an overall mixed zoning development on June 19, 2000. The development consisted of two separate single family residential components and office/commercial component in the middle of the development, which currently is zoned NRC with direct access to Richard D. Sailors Parkway. The property has since been rezoned to MDR (Medium Density Residential).
This development already has existing homes, a commercial establishment, and an amenity area.
The residential portion of Phase II consists of development of detached single family residences and office/commercial space.
Of the 31 conditions of zoning stipulation approved the Mayor and Council in 2013 Paran Homes is seeking to change condition #17 indicated below to allow the maximum front setback to increase from 20 feet to 57.2 feet for the specific lots referenced.
#17 states that no lot on the property shall have a front set back that exceeds 20 feet”.
The applicant requests that the front setbacks on Lots 6 and 7 be changed to reflect compliance with easements in the front yard.
Analysis:
Change in zoning stipulation proposal:
The lots in question are impacted by both a drainage easement and utility easement. The applicant, Paran Homes is requesting to consider the change in zoning conditions for the front setback requirement on Lots 6 and 7. Zoning stipulations dated September 12, 2013 states that no lot on the property shall have a front set back that exceeds 20 feet (See Attachment). The house was flipped during the construction phase to avoid encroaching the setback required for both drainage and utility easements located on the property. The foundation and framing of the house has been completed. A stop work order was issued to the builder until the decision is rendered by the City Council for the change in the front setback.
In addition, the proposed distance in the front setback was submitted on a house location plan with the applicant to the city and was approved by staff for permitting.
Furthermore, staff notes that due to the location of the drainage and utility easements, other lots may be potentially impacted with the same problem, however this application is limited to lots 6 and 7.
Review Criteria Sec. 13-37. Criteria for Rezoning Decisions.
Assessment: Applications to amend the official zoning map shall provide a written analysis comparing the proposed action with the criteria in this section. The planning commission and the governing body will take into consideration these standards in making a recommendation and decision, respectively, on a rezoning application.
a) Whether the proposed zoning district and uses within that district are compatible with the purpose and intent of the comprehensive plan. The future development map and the future land use plan map of the city’s comprehensive plan shall be used in decision-making relative to amendments to the official zoning map, in accordance with Table 13-1:
Response: The property is located in an area with a future land use classification of Neighborhood Activity Center. Neighborhood Activity Centers are neighborhood focal points with a concentration of small commercial, civic, and public activities. Appropriate zoning classifications for the Neighborhood Activity Center is NRC, O-I or MXU. The property was rezoned in 2013 in conflict with the existing land use at that time. The City is currently in the process of updating its Comprehensive Plan. This Future Land Use will be updated to match the existing zoning. Therefore, the proposed change in zoning conditions will be compatible with the purpose and intent of the comprehensive plan.
b) Whether the proposed zoning district and uses permitted within that district are suitable in view of the zoning and development of adjacent and nearby property;
Response: The stipulations approved by the Mayor and City Council for the original rezoning on September 23, 2013 required that "the front setback not to exceed 20 feet”. The purpose for this stipulation was to keep the village atmosphere already established by the already completed portions of the development. The existing phase has a few units with similar larger setbacks. By staggering the front setbacks of lots 6 and 7, the apparent difference is setbacks may be less noticeable. Additionally, the larger setback will keep the structures out of the easements.
c) Whether the existing use or usability of adjacent or nearby property will be adversely affected by one or more uses permitted in the requested zoning district;
Response: No, approving the request will not adversely impact adjacent or nearby properties.
d) Whether there are substantial reasons why the property cannot or should not be used as currently zoned;
Response: The lot is part of a larger development consisting of a separate single family residential components and an office/commercial component. The current zoning stipulation regarding the maximum front setback may make the lot not developable without encroaching into the easements. As such, a change in conditions would be appropriate to allow construction on this specific lot.
e) Whether public facilities such as roads, schools, water and sewer utilities, and police and fire protection will be adequate to serve the proposed zoning district and uses permitted;
Response: Several of the homes in Phase II of this development are well under way of constructions. Many of the lots already are under contract. Reducing the front setback requirement on this particular lot is adequate to serve the residential use
f) Whether the proposed zoning district and uses permitted within that zoning district are supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties; and
Response: Staff notes that due to the required setbacks for drainage and utility easements, the applicant is seeking a change in zoning stipulations on the front setback requirement for this particular lot.
g) Whether the proposed zoning district and uses permitted within that zoning district reflect a reasonable balance between the promotion of the public health, safety, morality or general welfare and the right to unrestricted use of property.
Response: Based upon existing MDR zoned properties and the applicant’s limited request, the request presents a reasonable balance between promotion of public health, safety, morality and general welfare, and rights to unrestricted use of property.
Fiscal Impact:
The Silver Springs Subdivision is in Phase II development of single-family dwellings. Due to current construction, increase in traffic flow to and from the site is anticipated. However, the proposed change request to increase the front setback requirement will not increase demand for public services or unduly burden public infrastructure from what has been anticipated already.