Title
Hardship Variance - Grand Communities, Ltd. LL 975, 976, 1022, 1023, 1049, 1050 Request to allow clearing of greater than 10 acres and waive Stormwater Detention Requirements
Body
Prepared By: Community Development
Recommendation:
Approval of the request for a Hardship Variance with conditions:
1. That the applicant clear and grade in 3 phases up to 10 acres, in addition to the right-of-way
2. That any areas located in the required stream buffer be conserved within conservation easements and include a split rail or similar style fence and signage marking easement area.
3. Staff will continue to review the application regarding waiving certain stormwater requirements with professional consulting staff. If waiving the stormwater detention requirements is favorable in increasing floodplain management best practices and/or increasing the implementation of green infrastructure staff may administratively vary this requirement.
The applicant is required to meet all requirements of the Unified Development Code that were not specifically varied. Although a code requirement rather than a zoning stipulation, Staff includes the following as part of the recommendation to be maintained as applicable to this application
1) Grubbing, clearing, land disturbance, or development or property shall not take place until a development permit has been approved and issued by the Community Development Department. No clearing or land disturbing activity shall occur beyond the limits of clearing shown on approved development plans.
2) That before the next phase of a development can be built, 50% of the building permits from the previous phase must be issued and 25% of the Certificates of Occupancy must be issued.
Background:
The subject property is located in the Springbrooke Estates subdivision located along Lewis Road. Earlier phases of Springbrooke Estates were completed by Meritage Homes and McCar Homes. The applicant, Grand Communities, Ltd. has requested a variance from the phased clearing requirements. The applicant is requesting to clear and grade the right-of-ways and up to ten acres by phase. To do this, the applicant is requesting a variance to the Unified Development Code (UDC) Section 8-32(a) - Clearing limits be increased to 10-Acres of land. The applicant plans to develop 3 new phases to an already existing subdivision - Springbrooke Estates.
Fiscal Impact:
Staff does not foresee the proposed variance increasing the demand for public services or unduly burdening public infrastructure.
The applicant proposes that a phased development plan would achieve the intent of the UDC to not develop property in such a manner that creates potential for undeveloped portions of land to be cleared and remain vacant for extended periods of time. They believe that they proposed phases will responsibly develop smaller sections of land.
Analysis:
Variance Request #1 - Clearing Acreage Requirements
Sec. 8-32(a) of the UDC states: “(a) Clearing and land disturbing activities are subject to the limits of Sec. 12-13 of this development code. The community development director shall not authorize a development plan that proposes the clearing of more than 8 acres of land without the specific authorization of the Mayor and City Council. Clearing for other than installation of infrastructure, right-of-way, or parking areas (for commercial, industrial or institutional developments) on a subsequent phase may not begin until 50% of the structures in the previous phase have been issued building permits and 25% of the structures in the previous phase have been issued certificates of occupancy.
The purpose of this code section is to ensure that construction projects only clear and grade in phases. Clearing and grading in phases is an effective way to decrease the potential for soil erosion. The Environmental Protection Agency (EPA) has listed phased grading as one of their Best Management Practices (BMP’s) in their guide for developing stormwater prevention plans:
“Prior to construction initiation, activities should be broken into phases. Grading activities should be limited to the phase immediately under construction to decrease the time that soil is exposed, which, in turn, decreases the potential for erosion. Additional phases should begin only when the last phase is near completion and preferably exposed soil has been stabilized. Construction scheduling should facilitate installation of erosion and sediment control measures prior to construction start, detail time limits for soil stabilization after grading occurs, and schedule BMP maintenance.”
In short, by phasing construction and concentrating the work in certain areas, you are able to minimize the amount of soil that is exposed to the elements at any given time, limiting erosion.
Additionally, the City of Powder Springs Unified Development Code was amended in 2015 to require that all development greater than 8 acres be cleared in phases. This was added to the code in response to public input that was received when a number of development projects went stagnant during the recession. By limiting the acreage that can be cleared, this minimizes the risk of having cleared land that does not result in vertical construction.
Variance Request #2 - Waiving Stormwater Detention Requirements
The applicant has stated the following based on the preliminary stormwater review of the property.
“The majority of runoff from our site will flow directly to the Powder Springs Creek flood plain. The contributing drainage basin to Powder Springs Creek at this location is large, approximately 15,638 acres. In the event of a 100 yr-storm, the post-development runoff from our site will constitute only 4.1% of the total peak flow in Powder Springs Creek. Under these circumstances, detaining the post-developed runoff from our site will cause greater peak flow downstream impacts than the uncontrolled post-developed runoff conditions. This can be seen in the table provided below.
Table: Detained vs. uncontrolled flows at downstream property line (on Powder Springs Creek) for 1-100 year storm events.
Per Article 11 of the City of Powder Spring’s Unified Development Code, the detention requirement can be waived under these conditions. This does not however negate the water quality requirement. We are proposing to satisfy the water quality requirement by providing approximately 80,000 CF of storage in a stormwater pond.”
Because the Unified Development Code does not allow a procedure for staff to waive certain requirements, a variance is required. Staff is working with an engineering consultant to review this request. Because of evidence of flooding in the area, staff would not recommend waiving any requirements that may increase flooding. Staff recommends allowing this section to be administratively varied upon finding by the City’s consultant that this will benefit floodplain conditions and/or the implementation of Green infrastructure best practices.
(a) 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 applicant has stated that the lot size and the topography cause the need to clear and grade more than 8 acres per phase. The applicant states that clearing and grading in multiple phases would achieve the intent of the UDC because the builder would responsibly develop smaller sections of land. Staff is not aware of extraordinary circumstances unique to this property.
(b) 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;
The applicant, while not adhering to the strict application of the code, is proposing to clear and grade in phases, which would fulfill the purpose of the code to protect the soils from erosion and sedimentation. While phasing construction is a Best Management Practice for preventing erosion and sedimentation, the limitation of 8 acres would require the developer to mobilize multiple times per phase, as opposed to once. Additionally, due to the topography of the land, the developer may need to use fill from one phase to use in a separate area. The purpose of phasing is to ensure that the land that is cleared and graded is only that which is being worked on, and to lessen the potential for land to be cleared without vertical construction occurring. The application of the UDC in this instance might create an unnecessary hardship, because of the number of times they would need to clear vs the benefits of a phased approach.
(c) 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;
There do not appear to be any conditions peculiar to the property that adversely affect its reasonable use or usability as currently zoned.
(d) 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 applicant is proposing to clear and grade in phases up to 10 acres. Clearing and grading in phases would allow the applicant to better control the exposure of soils to the elements, limiting the amount of erosion. This code provision protects the city from land being cleared but not developed. In the past, there have been large amounts of land that were cleared but never built on. By setting a phasing requirement for housing developments, the city can ensure that large amounts of land are not cleared without vertical construction. To further protect the city from this mass clearing issue, the code also restricts the developer from clearing and grading the next phase until 50% building permits have been issued and 25% of Certificates of Occupancy have been issued. The applicant has agreed to limit the clearing to up to 10 acres in addition to the right-of-way. Limiting the disturbance to less than 10 acres in addition to the right-of-way helps meet the city’s goals of reducing the chance of clearing without vertical construction and addresses the builders concerns of multiple mobilizations and timing of the development.
(e) The special circumstances are not the result of the actions of the applicant;
Springbrooke Estates is an existing subdivision in which the original applicant, Century Communities requested a variance to clear 8-acres of land in phases. That variance request was granted, and thus allowing the new applicant Grand Communities to clear an additional 2 acres while adhering to Section 12-13 of the UDC could be granted. Century Communities planned to clear the entire right-of-way for the project up front. Grand Communities plans to clear the right-of way in phases. By phasing the construction of the right-of-way, they are limiting the extent of the variance.
(f) 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; and/or
The applicant is proposing to clear and grade in phases up to 10 acres. Clearing and grading in phases would allow the applicant to better control the exposure of soils to the elements, limiting the amount of erosion and adhere to the intentions of the UDC. This code provision protects the city from land being cleared but not developed. In the past, there have been large amounts of land that were cleared but never built on. By setting a phasing requirement for housing developments, the city can ensure that large amounts of land are not cleared without vertical construction. The applicant has reviewed the preliminary engineering and topography of the site and states that this is the minimum variance that will make this development possible. The applicant has agreed to limit the clearing to up to 10 acres in addition to the right-of-way. Limiting the disturbance to less than 10 acres in addition to the right-of-way helps meet the city’s goals of reducing the chance of clearing without vertical construction and addresses the builders concerns of multiple mobilizations and timing of the development. Without this variance, the proposed use of developing Unit I Phase 2 of an already existing subdivision would not be possible.
(g) 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 proposed use and existing zoning would stay the same. Only modifications to the concept plan and original zoning stipulations are changing.
Visuals: Site plan of the subdivision.
Summary:
The applicant has applied for a variance from UDC 8-32(a) in order to clear and grade up to ten acres concurrently. Staff is recommending approval with conditions.
Attachments:
The aforementioned site plan/phasing plan of Springbrooke Estates.