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Rezoning Application
MDR Conditional to MDR Conditional - Change in stipulations of Approval
LL975 and LL1024
Grand Communities, Ltd.
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PETITION: The applicant, Grand Communities, Ltd. is initiating a Rezoning - Change in stipulations of approval for Springbrooke Estates Subdivision located in Land Lots 975, 976, 1022, 1023, 1024, 1049, 1050, 19th District, 2nd Section, Cobb County.
Application of Grand Communities, Ltd. To Rezone an approximate 21.30 acre tract (Unit I - Phase 2) from Conditional MDR to Conditional MDR (PZ No. 18-004). This change is zoning conditions only applies to parcels 19097500010, 19097500030, and 19102400010.
Recommendation:
Approval with Conditions:
(Underlined items are added by staff, based on applicant’s submittal of agreeable stipulations).
1. The stipulations and conditions set forth herein shall replace and supercede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter of the above- captioned application for rezoning for 19097500010, 19097500030, and 19102400010.
2. Applicant shall submit full LDP Plans and site plan to be reviewed and will comply with all requirements of the Unified Development Code. After review of floodplain requirements, the number of lots may be reduced.
3. Applicant shall comply with both the UDC and Cobb County Fire Marshal’s office’s requirements for guest parking and dead end streets.
4. The maximum number of homes shall be one hundred nine (109). The actual number of lots constructed may be after detailed plan review based on development and floodplain requirements.
5. A minimum of 26.68 (24.60%) acres of the total site (109.26 acres) shall be “open space” which shall be owned and maintained by the HOA unless otherwise agreed to, or desired by, the City of Powder Springs. The applicant will provide a letter from the HOA regarding the previous requirement regarding passive recreation areas or trails. No recreation areas or trails shall be required in stream buffers or floodplain areas.
6. The minimum square footage of the homes shall be twenty-four hundred (2,400) square feet.
STIPULATION 7 AMENDED AS FOLLOWS AFTER PLANNING AND ZONING COMMISSION HEARING
7. The architectural style and composition of the homes shall be consistent with the renderings/elevations being submitted concurrently with this letter (“Springbrooke Designer Collection”, dated February 5th, 2018). The homes shall be predominantly two-story traditional and shall have hard exterior facades consisting of brick, stacked stone, cedar shake or hardy plank.
8. Each home shall have, at a minimum, an attached two-car garage. Additionally, there shall be sufficient room on and within the driveways to park two (2) additional vehicles.
STIPULATION 9 AMENDED AS FOLLOWS AFTER PLANNING AND ZONING COMMISSION HEARING
9. The subject property shall be incorporated into the existing HOA. The builder will contribute to the HOA or improve common areas at a minimum of $150 per house constructed. adopt the existing covenants. All stipulations relating the covenants or HOA are assumed to be in compliance by the current covenants This shall include, but not limited to, the provisions governing “for sale” units, garages not being used for storage, the use of a third party management company and the agreement that the builder will fund an operating capital account for the mandatory Homeowners Association in the sum of $150.00 per home prior to the Homeowners Association prior to the Homeowners Association entity being transferred after the completion of the build-out and development of the residential community.
10. Final locations, configurations, and/or methodology for stormwater management and hydrology - including on-site detention and water quality - shall be in accordance with the regulations of the City of Powder Springs Unified Development Code (UDC) in affect at the time of the land disturbance plan approval. Development must occur within one year of plan approval, if not a new land disturbance plan will be required.
11. Maintain streambank buffers consistent with the City of Powder Springs’ and State of Georgia’s requirements, and voluntarily convey said buffers to the City of Powder Springs in the form of a Conservation Easement, with the understanding that utilization of previous variances on this property for buffer averaging will be allowed. Stream buffers will be separated by a split rail or similar fence and marked by signage. A confirmation showing that there is no net decrease in the square footage of the required buffer will be required prior to plan approval.
12. The submission of a landscape plan during the Plan Review Process which shall be subject to City Staff review and approval, and which shall include the following:
a. Sodded front, side, and rear yards.
b. At both points of ingress/egress onto Lewis Road, as shown on the “Rezoning Sketch Plan”, the installation of ground-based, monument-style entrance signage which shall be landscaped, lighted, and irrigated.
c. The dedication of a ten foot (10’) wide no access easement along the Lewis Road frontage except, of course, with respect to the ingress/egress locations.
d. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style.
13. The Community Development Director shall have the authority to approve minor
modifications to the “Revised Sketch Plan”, architecture, zoning conditions, and other issues as the Application proceeds through the Plan Review Process and thereafter, as long as those modifications are in substantial conformance with the intent of this Application.
14. Prior to the issuance of a land disturbance permit or approval of any plans, the builder shall provide proof of compliance with stipulations relating to the dedication and improvement regarding Lewis Road.
15. All water lines serving the subject property shall be made of ductile iron and shall be designed to meet the City of Powder Springs Design and Detail specifications.
Background
Springbrooke Estates Subdivision located along Lewis Road in Land Lots 975, 976, 1022, 1023, 1024, 1049 and 1050 is currently located in the MDR (Medium Density Residential) - Conditional zoning district. Medium density residential refers to single-family detached dwellings on smaller lots, townhomes, duplexes, triplexes, and multi-family housing. The comprehensive plan specifically prescribed that these areas stay up to 3.2 dwelling units per acre (DUA) for single-family detached lots, and 5 DUA for all other housing types. The subject property is part of an overall 109.62 acre tract which was originally rezoned by the Mayor and Council of Powder Springs on February 21st, 2005. Since that time, portions of the subject property have been developed and built upon, and is now known as the Springbrooke Estates Subdivision. Springbrooke Estates has an active Homeowners Association (HOA).
The MDR zoning district is intended to provide for dwellings at densities not exceeding 3.2 dwelling units per acre for single-family detached residences. Conservation subdivisions, which may be constructed at densities slightly higher than that permitted for conventional single-family residential development, are also permitted subject to compliance with the provisions of article 15, Division IX of this code. This district also permits duplexes, triplexes, quadraplexes, townhouses, and condominiums by right at densities not exceeding 5 dwelling units per acre. Density increases are also permitted by special use not exceeding 8 dwelling units per acre, provided development incorporates exceptional traditional neighborhood development design and amenities into the site plan. Institutional and park, recreation, and greenspace uses are also accommodated.
The applicant is proposing a change in stipulations of approval for three additional phases in an approximately 21.30 acre tract. The original rezoning request on this property occurred on February 21, 2005, with a subsequent change in conditions on February 6, 2006. Design review was approved for McCar Homes on May 7, 2007 and November 3, 2008. On March 4, 2013, the city council approved with conditions a variance application regarding the required number of homes with full brick fronts, the limits on repeating models, and to allow 3 story houses. Lastly, on November 16, 2015, the city council approved a hardship variance to allow clearing of greater than 5 acres.
Analysis
Per the applicant, they are requesting the following modifications to the site plan:
1. The proposed number of homesites is one hundred six (106) versus the approved plan showing one hundred nine (109).
2. The road crossing between areas north and south of the utility easements has been moved west to avoid impacts to an existing stream and wetland. The stream and wetland were delineated by our consultant and have been confirmed as Waters of the United States by the Army Corps of Engineers.
3. The "landscaped islands" south of the utility easements have been removed because they would not meet current UDC.
4. The street layout north of the utility easements have been rearranged into a series of three (3) cul-de-sacs rather than a large "loop street." This arrangement works better with the existing topography (i.e. reduces earthwork and tree clearing) and creates more desirable/valuable homesites because they are on cul-de-sacs.
5. Eliminate the cul-de-sac at the northwest corner of the subject property which required a stream crossing/wetland impacts.
The applicant states that their consultant delineated the streams and wetlands shown on the proposed Concept Plan, and these boundaries have been confirmed as Waters of the United States by the Army Corps of Engineers.
The original zoning stipulations for the development in reference to the February 21, 2005 Mayor and Council Minutes are listed below. Stipulations that are affected by this application are underlined.
16. The stipulations and conditions set forth herein shall replace and supercede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter of the above- captioned application for rezoning.
17. The rezoning of the subject property to the LRO & MDR Districts in accordance with that certain revised site plan, prepared by Lancaster & Associates, Inc. being submitted contemporaneously herewith.
18. The LRO component, comprising a total building area of 52,000 square feet, shall provide a transition/step-down from existing commercially zoned properties and shall consist of premiere office space and a day care facility on 5.71 acres.
19. The architectural style and composition of the LRO component shall be residential in appearance with the office buildings being predominantly two-story traditional with pitched roofs, architectural shingles and hard exterior surfaces consisting of either brick, stacked stone, cedar shake or hardy plank and consistent with the photograph which was submitted under separate cover, dated January 4, 2005. (In all respects, the architectural style and composition will be complementary to the architectural style and composition of the residential component as hereinafter described).
20. The establishment of a mandatory Business Owners Association, which shall include strict architectural control oversights and the submission of Declaration of Covenants applicable to the office component. The mandatory Business Owners Association shall be responsible for the upkeep and maintenance of all common areas within the office component including, but not limited to, landscaped areas, fences, signage and decorative lighting.
21. The residential component reflects 199 homes at a maximum density of 2.35 homes per acre. (The overall calculation of density of the entire residential community is 1.83 units per acre.
22. The minimum square footage of the homes shall be 2,400 square feet and shall range up to 3,200 square feet and beyond. (Anticipated price points shall range from $280,000 to $360,000).
23. The architectural style, composition and footprints of the homes shall be consistent with the renderings previously submitted to staff. The homes shall be predominantly two-story traditional and shall have hard exterior facades consisting of brick, stacked stone, cedar shake or hardy plank. (MDC’s Masters Series).
24. Each home shall have, at a minimum, an attached two-car garage. The garages shall be used for the parking and storage of vehicles and a provision shall be contained within the Covenants ensuring same. An agreement that all of the homes shall be “for sale” only. Additionally, leasing of any of the homes thereafter shall be limited to no more than ten percent (10%) of the total number of homes and for no lease term of less than one (1) year in duration with this recital being included in the Declaration of Covenants.
25. The establishment of a mandatory Homeowners Association, which shall include strict architectural control oversights and the submission of Declaration of Covenants, Conditions and Restrictions. The mandatory Homeowners Association shall be responsible for the upkeep and maintenance of all common areas, open space, landscaped areas, amenity areas, (swimming pool, tennis courts and clubhouse) fences, signage and decorative lighting within the proposed residential community.
26. A Third-Part Management Company shall be hired to manage the day-to-day operations of the Homeowners Association, including the responsibility for all commonly owned properties and all amenities within the subject property. The Third-Party Management Company shall also be responsible for the management of all Association monies as well as ensuring that the Association is properly insured.
27. An agreement that MDC Homes shall fund an operating capital account for the mandatory Homeowners Association in the sum of $150.00 per home prior to the Homeowners Association entity being transferred after the completion of the build-out and development of the residential community.
28. An agreement to preserve 26.68 acres (24.6% of the total site area) as “Open Space” which shall include passive recreational areas and strategically positioned pathways which will provide pedestrian connectivity throughout the residential and office communities and connectivity to commercially zoned properties on both sides of Lewis Road at its intersection with C.H. James Parkway (Austell By-Pass). Said Open Space and the pathways, trails and passive recreational amenities therein, shall be the responsibility of the Mandatory Homeowners Association with respect to upkeep and maintenance.
29. Subject to recommendations from the City of Powder Springs Public Works Department with respect to stormwater Management, hydrology and downstream considerations, including the following:
a. Following the directives from the City with respect to the ultimate location, configuration and methodology of on-site detention and water quality ponds.
b. Maintaining stream bank buffers consistent with Powder Springs and State of Georgia requirements and an agreement to voluntarily convey said buffers to the City of Powder Springs in the form of a Restrictive Easement in order that the buffers remain inviolate in perpetuity.
c. An agreement that those portions of the subject property wherein slopes range from twenty-five percent (25%) to thirty-five percent (35%) shall be developed in accordance with the best management and construction practices consistent with the manual for Erosion and Sediment Control in Georgia, subject to staff review and approval.
30. The submission of a landscape plan during the Plan Review process which shall be subject to staff review and approval and which shall include the following:
d. The installation of ground-based, monument-style entranceway signage at all points of ingress/egress on Lewis Road, which shall be landscaped and irrigated.
e. The installation of underground utilities and the utilization of decorative lighting themed to the architectural style.
f. Sodded front, side and rear yards.
31. Coordination with the City of Powder Springs Public Works Department and the Cobb County and State of Georgia Departments of Transportation with respect to traffic/transformational issues. (The revised site plan incorporates the proposed Lewis Road realignment and improvements based upon preliminary plans prepared by Powder Springs consultant W.K. Dickson & Associates).
g. The construction of deceleration lanes and appropriate tapers on Lewis Road at the subject property’s entrances located thereon.
h. The installation of a ten-foot (10’) no access easement along Lewis Road except, of course, with respect to the community’s entrances located thereon.
Modifications to the zoning conditions were made on February 6, 2006:
1. No improvements or structures of any kind will be placed within the proposed right-of-way of the realigned Lewis Road, with the exception of gravel and an appropriate base mixture at the defined points of ingress and egress to the subject property as shown on that certain site plan by J. Lancaster Associates, Inc., entitled Preliminary Plat for Springbrooke Estates - Unit I, dated 5-10-05, last revised 12-05-05 and Unit II dates 7-5-05, last revised 12-05-05.
2. No activity of any kind or in any manner associated with the development of the subject property (all that property shown on those certain site plans referenced above, less and except “Outparcel Trace 3 Zoned LRO” and “Outparcel Tract 4 Zoned LRO”) shall jeopardize the construction, the positioning, or progress of the proposed realignment of Lewis Road.
3. The configuration of lots within the subject property shall be described by legal descriptions positioning the properties in direct contiguity with the proposed future right of way of the realigned Lewis Road, subject to applicable setbacks within the MDR Zoning District and subject to the installation of a 10’ no access easement along the realigned Lewis Road.
4. All water lines serving the subject property shall be made of ductile iron and shall be designed to meet the City of Powder Springs Design and Detail specifications.
5. Applicant shall comply with Section 8-7©(2) of the Powder Springs UDC, which requires a donation of right of way consisting of 40 feet from the centerline of existing Lewis Road (a major collector street) for those areas of subject property which adjoin Lewis Road. Said donation shall be completed prior to the issuance of any Land Disturbance Permit for the subject property. For any additional right of way needed for the proposed Lewis Road project beyond that stated above, Applicant shall comply with Powder Springs UDC Section 8-7 (d) (4) (b) which requires that the applicant sell said additional right of way to the City at the pro rata per acre fair market value shown on the Cobb County tax digest for the subject property for tax year 2006. The City shall have until 12-31-07 to complete the purchase of said additional right of way. Applicant shall execute a development agreement consistent with these zoning conditions before issuance of any Land Disturbance Permit for any portion of the proposed development.
6. Upon the City’s purchase of additional right of way from Applicant. Applicant will place a total of $30,000 in escrow with the City, which funds may be drawn upon by the City for actual costs incurred in traffic safety and coordination as the result of Applicant’s commencement of development adjoining the existing Lewis Road right of way. Any unused amounts shall be refunded to Applicant when Lewis Road is opened for public travel.
In response to the original zoning conditions, the applicant’s proposed zoning conditions are as follows:
1. The zoning conditions set forth herein shall replace and supersede any and all prior conditions currently in-place on the subject property.
2. The maximum number of homes shall be one hundred nine (109).
3. A minimum of 26.68 (24.60%) acres of the total site (109.26 acres) shall be “open space” which shall be owned an maintained by the HOA unless otherwise agreed to, or desired by, the City of Powder Springs.
4. The minimum square footage of the homes shall be twenty-four hundred (2,400) square feet.
5. The architectural style and composition of the homes shall be consistent with the renderings/elevations being submitted concurrently with this letter (“Springbrooke Designer Collection”, dated February 5th, 2018).
6. Each home shall have, at a minimum, an attached two-car garage. Additionally, there shall be sufficient room on and within the driveways to park two (2 additional vehicles.
7. The subject property shall be incorporated into the existing HOA.
8. Final locations, configurations, and/or methodology for stormwater management and hydrology - including on-site detention and water quality - shall be in accordance with the regulations of the City of Powder Springs Unified Development Code (UDC) in affect at the time of the zoning approval.
9. Should the City revise the UDC following this zoning approval, the developer and home builder can comply with the standards and requirements of the current or future UDC, whichever is less restrictive.
10. Maintain streambank buffers consistent with the City of Powder Springs’ and State of Georgia’s requirements, and voluntarily convey said buffers to the City of Powder Springs in the form of a Conservation Easement, with the understanding that utilization of previous variances on this property for buffer averaging will be allowed.
11. The submission of a landscape plan during the Plan Review Process which shall be subject to City Staff review and approval, and which shall include the following:
a. Sodded front, side, and rear yards.
b. At both points of ingress/egress onto Lewis Road, as shown on the “Rezoning Sketch Plan”, the installation of ground-based, monument-style entrance signage which shall be landscaped, lighted, and irrigated.
c. The dedication of a ten foot (10’) wide no access easement along the Lewis Road frontage except, of course, with respect to the ingress/egress locations.
12. The Community Development Director shall have the authority to approve minor modifications to the “Revised Sketch Plan”, architecture, zoning conditions, and other issues as the Application proceeds through the Plan Review Process and thereafter, as long as those modifications are in substantial conformance with the intent of this Application.
Staff Response:
The proposed zoning conditions are in substantial agreement with the previously approved zoning conditions.
Previously approved zoning conditions NOT included in the newly proposed conditions mostly relate to properties zoned OI, a Business Owner’s Association and its authority and a Homeowners Association and its authority.
The sketch plans submitted with this application preliminarily appear to comply with City code but require a full review once a complete set of plans are submitted.
The change in zoning only affects the specific parcel ids referenced above. The existing developed lots and undeveloped commercial parcels are not affected by this zoning .
Regarding item Number 3, the following language was excluded:
“which shall include passive recreational areas and strategically positioned pathways which will provide pedestrian connectivity throughout the residential and office communities and connectivity to commercially zoned properties on both sides of Lewis Road at its intersection with C.H. James Parkway (Austell By-Pass). Said Open Space and the pathways, trails and passive recreational amenities therein, shall be the responsibility of the Mandatory Homeowners Association with respect to upkeep and maintenance.”
If property is located in the required streambuffer or in the floodplain, staff does not recommend passive recreational areas. Staff would recommend an agreement with the HOA before removal of this provision.
Regarding item number 9, this stipulation would allow this zoning approval to govern over the Unified Development Code. If this development is not constructed in the near future, this could lead to a development not meeting code requirements. The code is updated to reflect best practices and this could lead to a development that would not meet the city’s standards. Staff recommends that the applicant have one year from zoning approval to provide plans for review and begin construction. If that does not occur the applicant will need to meet current code requirements. If after beginning construction, if the project stalls for six months or more it may be subject to current code requirements. Staff does not recommend including this condition in the approval.
The application should be reviewed against the following standards:
a. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?
Medium density residential refers to single-family detached dwellings on smaller lots, townhomes, duplexes, triplexes, and multi-family housing. What keeps this designation medium density and not high density is that the last comprehensive plan specifically prescribed that these areas stay up to 3.2 dwelling units per acre (DUA) for single-family detached lots, and 5 DUA for all other housing types. The proposed density of this development including the open space areas is 1.92 lots per acre.
b. Is the proposed use consistent with the stated purpose of the zoning district that is being requested?
The proposed use for residential detached single-family dwellings is consistent with the zoning district that is requested and the future land use map of the comprehensive plan. The MDR- Conditional zoning district is intended to provide for dwellings at densities not exceeding 3.2 dwelling units per acre for single-family detached residences. Conservation subdivisions, which may be constructed at densities slightly higher than that permitted for conventional single-family residential development, are also permitted subject to compliance with the provisions of article 15, division IX of this code. This district also permits duplexes, triplexes, quadraplexes, townhouses, and condominiums by right at densities not exceeding 5 dwelling units per acre. Density increases are also permitted by special use not exceeding 8 dwelling units per acre, provided development incorporates exceptional traditional neighborhood development design and amenities into the site plan. Institutional and park, recreation, and greenspace uses are also accommodated. The proposed total density for this development is 1.92 lots/AC, and the maximum allowable density per the rezoning stipulations is 2.35 lots/AC. Therefore, the proposed uses are consistent with the purpose and intent of the MDR - Conditional zoning District.
c. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The proposed uses are consistent with the zoning district that is requested. The proposed use is not changing. The applicant is requesting modifications to the Concept Plan and zoning conditions. Therefore, the proposed use are consistent with the purpose and intent of the MDR - Conditional zoning District. The subject property is surrounded by Residential zoning districts and abuts commercial zoning districts: Business Park (BP), Office-Institutional (OI) and Community Retail Commercial (CRC).
d. Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?
The existing use and usability by the adjacent or nearby properties will not be adversely affected by the proposed use. The proposed use is not changing, and the proposed modifications to the Concept Plan and zoning conditions will not adversely affect the existing residential uses and/or existing residents.
e. Are their substantial reasons why the property cannot or should not be used as currently zoned?
The existing Concept Plan impacts streams and wetlands that can be, and are, avoided through proposed modifications. In addition, the existing zoning conditions are specific to the previous builders’ product and cannot be built by the current applicant’s homebuilding operations. Some portions of the subdivision are located in flood zone AE. Because of this designation, some parcels shown on the concept plan may not be able to be constructed. The applicant has provided information which is currently being reviewed by the city.
f. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?
Public facilities may be adequate to serve the proposed use, as the development was originally intended to cover the current applicant’s land area; however, due to the recession was never accomplished. Further review of the water and sewer system is required to determine true availability. The applicant is in discussions with the public works director.
Cobb FMO, City of Powder Springs Public Works, and other relevant departments will review the proposed concept plan to ensure public facilities are adequate.
Cobb Fire Marshal Comments: Applicant shall meet the guest parking criteria will limit the dead-end roadways to a maximum of 150-ft. Staff notes that dead end roads are also required to comply with Section 8-70 of the City of Powder Springs Unified Development Code.
Guest Parking Criteria:
1. Where driveways to two car garages exceed 50 feet in length, no additional guest parking is required.
2. Where driveways to two car garages are at least 22 feet long and 20 feet wide, additional parking shall be required at .5 spaces per dwelling unit.
3. Where driveways to two car garages are less than 22 feet long and 20 feet wide, additional parking shall be required at 1 space per dwelling unit.
4. Where only single car garages are provided, additional parking shall be required at 2 spaces per dwelling unit.
5. Guest parking spaces must be evenly distributed throughout the project.
g. Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties?
Some of the existing zoning conditions are specific to another builders’ product and cannot be built by the applicant’s homebuilding operations. The proposed concept plan also proposes changes that allow less impact to environmentally sensitive areas.
h. Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?
The proposed use is not changing. The applicant is requesting modifications to the Concept Plan and zoning conditions. Therefore, the proposed use is consistent with the purpose and intent of the MDR - Conditional zoning District, and will provide a reasonable balance between the promotion of the public health, safety, morality, or general welfare.
Fiscal Impact:
An increase in traffic flow to and from the site is highly anticipated by this application. Plans will be reviewed by the Cobb FMO, COPS Public Works Department, and any other pertinent agency. Furthermore, the applicant is proposing a reduction of 3 (106 total) lots from the original approved site plan for this development (109).
Recommendation:
Approval with proposed zoning conditions and site plan modifications.