PETITION
NO. 2006ZM-0032 SFC
Project:
Location:
Applicant's
Intent: To modify the
following zoning conditions:
1.d.
– To delete the approved maximum 128 apartment units.
1.e.
– To increase the number of townhouse units from 26
to 110.
1.m.
– To delete the approved 92-bed assisted living facility.
2.a.
– To revise the approved site plan, dated August 22, 2003.
3.n.
– To allow townhouses to have either front or rear entry garages.
Existing
Petition No.: 2002Z -0012 SFC
Existing
Zoning: MIX (Mixed Use)
Owner: Rahim Charania
Applicant: CRM Ventures
Representative: Kieth Quarles
Department of
Environment and Community Development
Recommendation
APPROVAL CONDITIONAL: 1.d.,
1.e., 1.m. & 2.a.
DENIAL: 3.n.
Board of Commissioners
Meeting
September 6, 2006
DEFERRED FOR 30 DAYS
This will be the second
public hearing before the Board of Commissioners.
Conditions To Be Modified:
1. To the owner's agreement to restrict
the use of the subject property as follows:
d. No
more than 128 apartments dwelling units. Apartment dwelling units shall be
calculated as a part of the total dwelling units allowed in Condition 1.b.
e. No more than 26 townhouse dwelling
units. Townhouse dwelling units shall be calculated as a part of the total
dwelling units allowed in Condition 1.b.
m. A 92-bed assisted living facility.
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 August 22,
2003. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning Resolution and these
conditions prior to the approval of a Land Disturbance Permit. 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:
n. Townhouses shall have rear entry
garages.
Planning
Analysis:
The subject site is located in Land Lot 33 of District
14FF, at the southeast intersection of
Staff notes that pursuant to 2006ZM-0020 SFC, the
Board of Commissioners denied the applicant's request to modify conditions
1.d., 1.e., 1.f., 1.g., 1.m., 2.a., and 3.n. on June 7, 2006. The applicant has revised his request from
the previous petition and is now requesting to only modify conditions 1.d.,
1.e., 1.m., 3.n. and 2.a. as follows:
Conditions 1.d.& 1.m.
The applicant is
seeking to delete the 128 apartments, the 92 bed assisted living facility from
the approved mixed use development. Staff
is of the opinion that the applicant's request is in harmony with the existing
low density development in the surrounding area as well as the general purpose
and intent of the Fulton County Zoning Resolution. Therefore Staff recommends the APPROVAL CONDITIONAL of the proposed
modification of zoning conditions 1.d. & 1.m.
Condition 1.e.
The applicant is also requesting to modify zoning
condition 1.e. in order to increase the number of townhouse units from 26 to 110.
The revised site plan received August 15, 2006 indicates that the 110
townhouses will occupy the majority of the center portion of the subject site,
with the lots for the 25 approved single family units situated along the
southern property line, and several retail/commercial buildings located along
the west property line. Given that the applicant has requested to delete the apartments
and the 92-bed assisted living facility, Staff is of the opinion that the
applicant's request is in harmony with the general purpose and intent of the
Fulton County Zoning Resolution, and the surrounding community. Therefore
recommends the APPROVAL CONDITIONAL
of the proposed modification of zoning condition 1.e. Staff further notes that the deletion of the
apartments and the assisted living facility, as well as the increase in
townhouse units decreases the overall total number of approved units and
reduces the overall density for the entire development. Twenty-five (25) single
family units, 110 proposed townhouse units and 66 independent living units
results in a total of 201 dwelling units for the mixed development. Based on a total of 39.20 acres, the density
is reduced to 5.13 units per acre. Therefore, Staff shall modify condition 1.b.
to reflect a total of 201 dwelling units at a maximum density of 5.13 units per
acre. This shall be included in Staff's
revised conditions.
Condition 2.a.
The applicant has requested to modify zoning
condition 2.a. to revise the approved site plan to reflect the deletion of the
apartments and the assisted living facility, as well as the increase in townhouse
units. Staff is of the opinion that the applicant's request is in harmony with
the general purpose and intent of the Fulton County Zoning Resolution. Therefore
Staff recommends APPROVAL CONDITIONAL
of the proposed modification of zoning condition 2.a. to reflect the revised
site plan submitted on August 15, 2006.
Condition 3.n.
The applicant is
seeking to delete the condition for townhouses to have rear entry garages. Staff notes that rear entry garages are part
of a private agreement signed on September 3, 2003 between the applicant (CRM Ventures) and the Sandtown Community
Association and Old Fairburn Association.
Therefore, Staff recommends DENIAL of the request to delete
condition 3.n.
OTHER CONSIDERATIONS:
The applicant's development is exempt from the Steep
Slopes and Grading Ordinance since it was approved prior to the adoption by the
Board of Commissioners on April 5, 2006. Therefore, Staff has included in the
revised Recommended Conditions that the grade or slope within 30 feet of any
residential structure shall be no greater than 5 percent, that site grading
shall be no greater than a 3 to 1 slope, and that existing grading shall be
modified to meet this requirement as appropriate.
SINCE BOARD OF COMMISSIONERS' MEETING - 09/06/96
The
Board of Commissioners deferred this petition for 30 days to allow Staff to
determine if the Steep Slopes and Grading Ordinance was applicable to the
subject site. Following a review by
Planning Staff, it was determined that the ordinance did not apply to the
development. However, Planning Staff met
with the applicant to discuss the grading of the property. As a result, condition 5.i. was revised.
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:
b. No more than 245 201 total dwelling units,
at a maximum density of 6.22 5.13 dwelling units per acre, whichever is less, based on the
total acreage zoned. (2006ZM-0032 SFC)
d. Deleted. (2006ZM-0032 SFC)
e. No more than 26 110 townhouse dwelling
units. Townhouse dwelling units shall be calculated as a part of the total
dwelling units allowed in Condition 1.b. (2006ZM-0032 SFC)
m. Deleted. (2006ZM-0032 SFC)
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 August 22, 2003
August 15, 2006. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning Resolution and these conditions
prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy. (2006ZM-0032
SFC)
5. To the owner's agreement to abide by
the following:
i. The
grade or slope within 30 feet of any townhouse structure shall be no greater
than 5 percent or as may be approved by the Director of Environment and
Community Development. (2006ZM-0032
SFC)