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Title:
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Variance Request. 5550 and 5556 Story Road. To consider Variance Requests to the following sections of Unified Development Code: Table 2-2 to reduce side setbacks; Sec. 15 – 108 (a) to reduce the minimum required conservation area for a Conservation Subdivision.
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STAFF REPORT: PZ 22 - 008. Variance Request: Story Road.
APPLICANT: David Pearson Communities, Inc. Represented by Kevin Moore.
VARIANCE REQUEST: Request to vary following sections of Unified Development Code:
1. Table 2-2 to reduce side setbacks from 10 feet to 5 feet.
2. Sec. 15 - 108 (a) to reduce the minimum required conservation area for a Conservation Subdivision from 40% to 20%.
RELATED CASES: Annexation Ordinance #: ORD 22 - 002. Rezoning Request: PZ 22 - 004.
LOCATION: 5550 and 5556 Story Road, within land lots 820, 821, 883, 882 of the 19th District, 2nd Section, and Cobb County, Georgia.
ZONING: R-30 (Cobb County) ACREAGE: 49.77ac PINs: 19088300010 (portion), 19088300150.
STAFF RECOMMENDATION: APPROVAL
BACKGROUND: The site plan under consideration does not comply with the minimum requirements for side setbacks and required conservation area for a Conservation Subdivision in the R-15 zoning district. The applicant proposes to develop 117 residential units at a density of 2.35 units per acre. The total tract acreage is 49.77 acres and the total open space to be placed in conservation is 10.45 acres or 21% where the minimum requirement is 40%. The proposed side setback is 5 feet where the minimum requirement is 10 feet. The applicable code sections are referenced below:
Sec. 15-105. Building Setbacks in Conservation Subdivisions. (Excerpt)
All lots within conservation subdivisions shall remain subject to the required minimum principal building setback from side property lines as established in Table 2-2 for the zoning district in which the conservation subdivision is located, with no reductions permitted except by variance.
Sec. 15-108. Specifications for Open Space in Conservation Subdivisions.
(a) Percentage of site. A conservation subdivision shall provide at least 40% of the total area to be subdivided as permanently protected open space.
Table 2-2. (Excerpt)
SETBACKS FOR PRINCIPAL BUILDINGS AND ACCESSORY STRUCTURES LARGER THAN 144 SQUARE FEET IN FLOOR AREA
R-30
R-20
R-15
MDR
PUD-R
Front (feet)
45
35
35
35
?
Side (feet)
12
10
10
10
?
Rear (feet)
40
35
30
20
?
Figure 1. Site Plan
SURROUNDING AREA:
Residential uses predominate in the surrounding area. The Cameron Springs Subdivision, zoned R-15 (Cluster, City) is adjacent to the north and east along Story Road. Adjacent to the east is the Jones Reserve Subdivision - Conservation Subdivision zoning in the county. Adjacent to the South is the Powder Springs Chase Subdivision - R-30 (County). Adjacent to the west are large residential lots with frontage on Hiram Lithia Springs Road, zoned R-30 (County).
ANALYSIS:
The application was reviewed against the following criteria:
1. There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.
The property is challenged by the existence of streams with impervious setback areas, however, these environmentally sensitive areas prevail throughout the area and impact adjacent developments as well.
2. A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.
A literal interpretation would not deprive the applicant of rights afforded to others in the area. The code requirements could be met by a reduction in density. It is worthy of note that Cameron Springs was developed with an open space requirement of 21%. However, the minimum side setback is 10 feet.
3. Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located.
Granting the variance will not confer special privileges to the applicant. be consistent with the pattern of development established by the three adjacent subdivisions. The proposed side setback of 5 feet is not consistent with adjacent subdivisions: Cameron Springs has a 10' side setback; Jones Reserve is zoned Conservation Subdivision(county) and has 10' side setback; Powder Springs Chase Subdivision appears to have a 10' side setback - inferred from visual inspection as this plat didn't provide setback details. Plats of the adjacent subdivisions are attached to the agenda.
4. The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare.
The requested variance will be in harmony with the development code. The applicant proposes preserving open space and providing recreational features and amenities that take advantage of the natural resources unique to this site. The purposes of the conservation subdivision:
To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure; to provide a by-right use as of right in selected residential zoning districts that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land; to preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, stream, steep slopes, woodlands and wildlife habitat; to permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development; to reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development; to promote interconnected greenways and corridors throughout the community; to promote greenspace contiguous with adjacent jurisdictions; to encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood; to encourage street designs that reduce traffic speeds and reliance on main arteries; to promote construction of convenient landscaped walking trails and bike paths both
within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles; to conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space; and to preserve important historic and archaeological sites. Sec. 15 -105
5. The special circumstances are not the result of the actions of the applicant.
The special circumstances are the result of the environmental features inherent to proposed development site.
6. The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed.
The requested variances would make possible the development of the proposed site plan and represent a reasonable reduction in the minimum requirements of the development code. Furthermore, the Conservation Subdivision designation is intended to promote clustering and provides for the reduction of various minimum requirements specified in table 2-2; for example: front and rear setback, minimum lot sizes, minimum lot widths, and maximum density of the residential zoning district in which the conservation subdivision is located.
7. The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.
The development of a clustered detached single family residential subdivision is permitted by right in the R-15 (within the city) zoning district that the applicant is requesting the site be rezoned to.
STAFF RECOMMENDATION: Staff recommends APPROVAL of PZ 22 - 008 with conditions:
1. Variance to reduce side setbacks from 10 feet to 5 feet to accommodate the development of a conservation subdivision within a R-15 zoning district.
2. Variance to reduce the minimum required permanently protected open space (conservation area) for a Conservation Subdivision from 40% to 20% of the site's acreage.
3. At the time of Land Disturbance Permitting, individual lots will be reviewed for potential drainage issues withing the side setbacks.