STAFF REPORT: PZ 21 - 048
APPLICANT: David Pearson Communities, LLC.
PETITION: To consider rezoning from R-30 in the County to PUD-R in the City.
LOCATION: 5550 Story Road, within land lots 820, 821, 883, 882 of the 19th District, 2nd Section, and Cobb County, Georgia
ZONING: R-30 (Cobb) ACRES: 46.02. Proposed Density: 3.3 units/ac. PIN: 19088300010.
STAFF RECCOMMENDATION: Staff Recommends TABLING to allow time for informal negotiations with the County.
BACKGROUND: The applicant proposes developing 152 residential units in a subdivision development. The proposed density is 3.3 units per acre. The county has submitted a Notice of Intent to Object (dated 11/19/2021 - full notice attached in the appendix) for the following reasons:
1. The proposed density of 3.33 units/acre exceeds the allowed density cap of 2 units/acre in the HB 489 agreement for this area. The Cobb County Future Land Use Plan indicates this parcel as Very Low Density Residential (VLDR). This category has a recommended density of 0-2 units/acre in the Cobb County Comprehensive Plan. The HB 489 intergovernmental agreement between the city and the county limits the city upon annexation to 2 units/acre for VLDR. The agreement also indicates that PUD-R is not allowed in VLDR.
2. The applicant submitted a survey map showing two "cut-out areas" that are 2.5 acres on "Tract 1" and 1.25 acres on "Tract 2." However, because the tract 1 Cut-Out area includes another parcel addressed as 5556 Story Road that is not in the application, it is incomplete. The proposed subdivision map does not show the existing parcel lines that separates 5550 Story Road from 5550 Story Road. The proposed new property lines would leave two dwellings on the same property, which violates the Cobb County Zoning Ordinance Section 134-1.
SURROUNDING AREA: R-30 in the County predominates to the west and south. Within the City is R-15C zoning, which i...
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