PETITION
NO. 2006ZM-0042 SFC
2006VC-0165 SFC
Project: Southpark
Location:
Applicant's
Intent: To modify conditions 2.a.
to revise the site plan, 1.c. to reduce the total number of apartments to 302,
and 3.a. to delete the multi-family development standards in lieu of current
standards under the Georgia Building Code and a concurrent variance as follows:
To
delete the 10-foot landscape strip adjacent to the property proposed for A-L
(Apartment Limited) zoning, pursuant to 2006Z -0106 SFC. (Article 4.23.1)
Existing
Petition No.: 2002Z -0124 SFC
Existing
Zoning: MIX (Mixed Use)
Owner: SPJC Holding, LLC
Applicant: SPJC Holding, LLC
Representative: Nathan V. Hendricks, III
Department of Environment and
Community Development
Recommendation
APPROVAL CONDITIONAL: 2006ZM-0042
SFC
APPROVAL CONDITIONAL: 2006VC-0165
SFC
Conditions To Be Modified:
1. To the owner's agreement to restrict the use of the subject
property as follows:
c. No more than 350 multi-family
dwellings, at a maximum density of 2.33 dwelling units per acre based on the
total acreage zoned, whichever is less.
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the Department of
Environment and Community Development on July 30, 2003. Said site plan is not
conceptual; the developer must strictly adhere to the site plan as submitted.
Any changes to the site plan must be approved by the Director of Environment
and Community Development and must meet or exceed the requirements of the
Zoning Resolution and these conditions. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy.
3. To the owner's agreement to the following site development
considerations:
a. Development Standards as follows:
Front:
30 feet
Side
corner: 30 feet
Side:
15 feet
Rear:
20 feet
Parking
Setback: 10 feet adjacent to public right-of-way or property line
Proposed
Interior Setbacks
Townhouses
Front
to Front: 50 feet
Front
to Rear: 50 feet
Rear
to Rear: 35 feet
Rear
to Side: 15 feet
Front
to Side: 25 feet
Side
to Side: 14 feet
Multi-Family
Front
to Front: 50 feet
Front
to Rear: 50 feet
Rear
to Rear: 45 feet
Rear
to Side: 40 feet
Front
to Side: 40 feet
Side
to Side: 25 feet
Planning
Analysis:
The subject site is Southpark located at the
intersection of
applicant is also seeking to incorporate a 2.80
acre outparcel which is completely surrounded by this mixed use
development. In order to incorporate the
2.80 acre parcel, the applicant is requesting to rezone the parcel from AG-1
(Agricultural) & MIX (Mixed Use) to A-L (Apartment-Limited) for 48 units,
pursuant to 2006Z -0106 SFC. Staff is
recommending APPROVAL CONDITIONAL
of that petition. Should petition 2006Z
-0106 SFC be approved, the applicant is requesting that the following
conditions of zoning for 2002Z -0124 SFC and concurrent variance be modified in
order to incorporate that 2.80 acre parcel with the surrounding mixed use
development.
Condition 1.c.
The applicant is requesting to reduce the number
of apartments from 350 to 302 units.
Given the applicant's request to reduce the number of apartments for the
mixed use development by 48 units, Staff notes that the addition of the 2.80
acre parcel for 48 units will effect no change in the overall unit apartment
count. Therefore, Staff recommends APPROVAL of the request to
modify 1.c.
Condition 2.a.
The applicant is proposing to revise the site
plan in order to incorporate the 2.80 acre outparcel with the surrounding mixed
use development. Staff is of the opinion
that the request is consistent is in harmony with the intent of the Zoning
Resolution. Therefore, Staff recommends APPROVAL.
Condition 3.a.
The applicant is requesting to delete the
multi-family development standards referenced under condition 3.a. in lieu of
the current standards under the
CONCURRENT VARIANCE
The revised site plan shows apartments and
townhouses surrounding the 2.80 acre parcel requesting apartment use. Since it is the applicant's intent to
incorporate the 2.80 acre parcel with the mixed use development, the applicant
is requesting to delete the 10-foot landscape strip adjacent to the parcel. Staff is of the opinion that the request is
in harmony with the intent of the Zoning Resolution. Therefore, Staff recommends APPROVAL of the concurrent
variance.
CONCLUSION:
Should
the Board of Commissioners approve this petition, the Recommended Conditions
should be revised to read as follows:
1. To the owner's agreement to restrict the use of the subject
property as follows:
c. No more than 350 302 multi-family
dwellings, at a maximum density of 2.33 2.01 dwelling units per acre based on the total
acreage zoned, whichever is less.
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the Department of
Environment and Community Development on July 30, 2003 October 31, 2006. Said
site plan is not conceptual; the developer must strictly adhere to the site
plan as submitted. Any changes to the site plan must be approved by the
Director of Environment and Community Development and must meet or exceed the
requirements of the Zoning Resolution and these conditions. Unless otherwise
noted herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3. To the owner's agreement to the following site development
considerations:
a. Development Standards as follows:
Front:
30 feet
Side
corner: 30 feet
Side:
15 feet
Rear:
20 feet
Parking
Setback: 10 feet adjacent to public right-of-way or property line
Proposed
Interior Setbacks
Townhouses
Front
to Front: 50 feet
Front
to Rear: 50 feet
Rear
to Rear: 35 feet
Rear
to Side: 15 feet
Front
to Side: 25 feet
Side
to Side: 14 feet
Multi-Family
Front
to Front: 50 feet
Front
to Rear: 50 feet
Rear
to Rear: 45 feet
Rear
to Side: 40 feet
Front
to Side: 40 feet
Side
to Side: 25 feet
h. Delete the 10-foot landscape strip adjacent to the
property zoned A-L (Apartment Limited), pursuant to 2006Z -0106 SFC.
(2006VC-0165 SFC)