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File #: PZ 21--018    Version: 5
Type: Rezoning Status: Passed
File created: 5/26/2021 In control: City Council
On agenda: Final action: 7/19/2021
Title: Rezoning: 2780 Lost Lakes Drive to remove 20’ undisturbed buffer along Shipp Rd to allow driveway access to the site from Shipp Road
Attachments: 1. 2780 Lost Lakes Dr., 2. Applicant Responses to Staff Recommendations.pdf, 3. Signed PZ 21-018.pdf

Staff Report: PZ 21-018           Application: Rezoning                       Applicant: Trusted Syndicate, LLC

Petition: To modify the conditions of zoning to allow a 20’ driveway easement through the 20’ undisturbed buffer (or landscaped buffer) and no access easement to allow driveway access to the property on Shipp Road (2780 Lost Lakes Drive).

Purpose of Request: To allow site to be developed for single family home with driveway access to the site through the 20’ undisturbed buffer on Shipp Rd.

Location: 2780 Lost Lakes Drive, within land lots 655 and 678 of the 19th District, 2nd Section, and Cobb County, Georgia. Within the Lost Mountain Lakes Subdivision. PIN: 19067800220

Background: The subject property was platted and included in the Lost Mountain Lakes subdivision. This subdivision was annexed into the City rezoned for the subdivision on December 7, 1998 with conditions. The stipulations are noted on the recorded final plat and City Council Minutes as follows:

On January 4, 2016 a hardship variance was approved to modify the requirement for tree removal requests. This request was approved with the following conditions:

1.                      That all debris from trees cut or substantially damaged shall be removed from the site, including the removal of any portion of the tree stump above the original natural grade or elevation of land.

2.                     The requirement for street trees be reduced to 1 tree per every 40 feet of frontage and that one street tree per lot may be replaced with a small or medium canopy tree.

3.                     Trees in the side or rear yard may be replaced by a small or medium canopy tree.

4.                     The homeowner’s association provide a list of approved trees subject to staff review.

5.                     That if city staff determines that the tree coverage requirements cannot be met due to a lack of suitable place on the property or some other condition renders it impractical to fully comply with the tree canopy requirements, the owners of the property may at their option purchase canopy credits from the Powder Springs Tree Bank to compensate for tree canopy deficits.

6.                     That root guards be used where feasible for trees in proximity to sidewalks and driveways.

7.                     That the HOA will support the City's requirement that all street tree removed prior to this application must be replaced as described above.

Staff notes that the above referenced variance was to address tree removal issues for front yards on the interior of the subdivision. Landscaping for this property fronting Shipp Road is recommended to be approved subject to staff review considering original zoning stipulations 7 and 16.

Surrounding Land Use:

The subject site is within the Lost Mountain Lakes Subdivision and is zoned R15C. Residential uses are predominant in the area. The adjacent properties to the north and east are within the city and zoned R15C. The property to the west is outside of city limits and zoned R30 in the county. The property to the south across Shipp Road is also in the county and is zoned R20.

 View of Shipp Road approaching from the east.

View of Shipp Road approaching from the west.

 

Analysis:

The application should be reviewed against the following standards:

 

a.                     Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?

Yes, the proposed use to develop a single-family home is compatible with the Comprehensive Plan. Single family structures are permitted in the R-15C zoning district.

 

b.                     Is the proposed use consistent with the stated purpose of the zoning district that is being requested?

Yes, the proposed use is consistent with R15C.

 

c.                     Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

Yes, it would allow the development of an additional single-family unit withing the subdivision. Driveway location will be confirmed during the permitting process.

 

d.                     Will the existing use or usability of adjacent or nearby property not be adversely affected by the proposed use?

The proposed uses will cause no adverse impact to adjacent or nearby properties. The location of the driveway will be reviewed during the permitting process. The landscaping buffer will be maintained, except for the encroachment for the driveway.

 

e.                     Are their substantial reasons why the property cannot or should not be used as currently zoned?

Under current stipulations the site is inaccessible via its frontages o Shipp Rd due to the presence of buffers and easements. As long as the driveway on Shipp Road meets safety requirements, it is a preferred location over Lost Lakes Drive. Access from Lost Lakes Drive will require approval to cross easements and will cross the dam breech zone for the adjacent lake.

 

The recorded stipulations when the subdivision was originally platted are as follows:

 

 

 

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?

Yes. Staff has not received comments regarding schools, water or sewer utilities or police and fire protection. The approved zoning allows for a single-family structure. As such, there is no increase in demand for public facilities. 

 

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?

No. The property will be used as originally zoned. The request is to modify a zoning condition to allow access from Shipp Road. The current use is consistent with current zoning and the property will remain in the Lost Mountain Lakes HOA. The addition of one single family unit will be adequately served by the Police Department and Sanitation Services.

 

 

Staff Recommendation

 

Staff recommends approval with conditions.

 

1.                     One 20’ driveway access will be permitted through the undisturbed buffer on Shipp Road.

2.                     The subject property will remain a part of the Lost Mountain Lakes subdivision. All other zoning stipulations placed on the subdivision will remain in effect.

3.                     City staff will review driveway location, right-of-way work, sidewalk, and landscaping requirements at the time of building permit. Coordination with Cobb County DOT may be required.

4.                     If the undisturbed buffer needs to be supplemented or modified, it shall be consistent with front landscape strip requirements and entry landscaping with Lost Mountain Lakes subdivision.  Landscaping is subject to staff review.

5.                     The plat be revised to show the access through the undisturbed buffer on Shipp Road, the buffer be relabeled as appropriate as (undisturbed buffer or landscaped buffer), the address of the parcel be updated to Shipp Road and the access from Lost Lakes Drive be removed and replaced with an undisturbed buffer.

6.                     Should minor modifications be required to the newly added undisturbed buffer on Lost Lakes Drive such as landscaping or pedestrian access, administrative review is required. Modifications shall not impact the dam breech zone.

7.                     Shipp Road requires a minimum right-of-way of 60 feet, 30 feet from centerline.  This right-of-way shall be confirmed prior to permit issuance. 

8.                     Curb and gutter and sidewalks will be required along the frontage.

9.                     Plans must show actual Right of Way in front of the property (should not be shown as variable in this portion of the road)

10.                     Placement of driveway is subject to sight distance profile and sight distance triangle review.

11.                     In the case that access from Shipp Road is denied due to sight distance profile analysis, then access from Lost Lakes Drive can be considered, subject to review and approval by the Community Development Director.