Archive for Zonings – Past, 2014

Petition Z-82

Kroger Co., represented by Jordan Kukler, 770-496-5302 and Garvis Sams, Jr. requests a rezoning from PSC, R-20 to CRC for Kroger Fuel Center.

Property is located on South side of Shallowford Road, east side of Johnson Ferry Road (3162 Johnson Ferry Road), District 16, Land Lots 467,468,469 & 470, Parcel 4.

Size of tract is: 14.04 acres

Current zoning:  PSC & R-20

Contiguous zoning is:  North: NRC; East: R-30; South: CRC; West: NRC.

Future Land Use: Neighborhood Activity Center

Case Manager: Jill Flamm/Trish Steiner

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Fuel Center

Staff Comments:

Please click for Preliminary Zoning

Please click for Final Zoning Analysis

Staff recommends: Delete to NRC

ECCA recommends: Approval for CRC for this use only and subject to the stipulation letters dated 11/21/14, 12/1/14, site plan renderings and traffic study.

Planning Commission Action: Approved 5-0 subject to the stipulation letters dated 11/21/14, 12/1/14, site plan, renderings, traffic study and no used car sales allowed plus staff comments where not in conflict.

Board of Commissioners Action: Approved 4-0 subject to the stipulation letters dated 11/21/14, 12/1/14, site plan, renderings, traffic study, no used car sales, fuel storage tanks to be removed if Kroger leaves, addition of “pork chops” on Shallowford Road entrances and all other staff comments where not in conflict.

Petition Z-78

Heathermoor HOA, Inc., represented by Nick Bhandari 404-966-7956 requests to reduce the Cemetery Buffer on Six Lots.

Property is located on the north side of Heath Hollow Lane, the northeast side of Heathermoor Hill Drive, north side of Roswell Road, east side of Willeo Rill Road, District 1, Land Lots 134 & 166, Parcels 55, 56, 57, 65, 66 & 67.

Size of tract is: 3 acres

Current zoning:  R-20

Future Land Use: Low Density Residential

Case Manager: Jill Flamm,

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Backyard

Staff Comments:

Please click for Preliminary Zoning

Please click for Final Zoning Analysis

Staff recommends: Denial

ECCA recommends: Denial

Planning Commission Action: Denied 4-0

Board of Commissioners Action: Denied 4-0 Have 90 days to come into compliance

Petition Z-71- Withdrawn

CCL Associates, LLC, (678) 352-0595, represented by Christian Pitts requests a rezoning from R-20 to RSL supported for a Residential Senior Living facility.

Property is located at the north intersection of Shallowford Road and

Wesley Chapel Road (3535 Shallowford Road), District 16, Land Lots 390 & 391, Parcel 1.

Size of tract is: 5.209 acres

Current zoning:  R-20

Contiguous zoning is:  North: R-15 & R-20 (Mountain Lake Estates Subdivision); East: R-20; South: R-20 (Winter Chase Subdivision); West: R-20 (Shallowford Heights Subdivision).

Future Land Use: Low Density Residential

Case Manager: Trish Steiner & Jill Flamm

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: RSL supported

Staff Comments:

Please click for Preliminary Zoning

Please click for Final Zoning Analysis

Staff recommends: Denial

ECCA recommends: Denial 

Planning Commission Action: Not Available 

Board of Commissioners Action: Not Available

Petition LUP-29

East Cobb Church of Christ, Inc., 678/478-7534, represented by Rhonda Hawkins, requests a Temporary Land Use Permit for a Morning Preschool.

Property is located on the south side of Roswell Road, east of River Forest Drive (5240 Roswell Road), District 1, Land Lots 165, 166, 205 & 206, Parcels 65, 4, 7 & 23.Size of tract is: 4.6 acres

Current zoning:  R-15 & R-30

Contiguous zoning is:  North: R-20 (Plantation Place Subdivision); East: R-20 (River Forest Subdivision); South: R-15 & R-20 (River Forest Subdivision); West: R-30 (Reverie Subdivision).

Future Land Use: Low Density Residential

Case Manager: Jill Flamm

Planning Commissioner: Mike Terry

District Commissioner: Bob Ott

Proposed Use: Morning Preschool

Staff Comments:

Please click for Preliminary Zoning

Please click for Final Zoning Analysis

Staff recommends: Approval for 24 months

ECCA recommends: Approval subject to the stipulation letter dated 8/29/14, traffic plan, for 12 months

Planning Commission Action: Approved 5-0 subject to stipulation letter dated 8/29/14, max. of 50 children, Dist. Commissioner to approve temporary banner, for 24 months.

Board of Commissioners Action: Approved for 24 months subject to all Planning Commission recommendations.

Petition Z-56

Brooks Chadwick, LLC, represented by John Moore, 770-429-1499, of Moore, Ingram, Johnson & Steele, LLP requests a rezoning from R-30 to UVC for a mixed-use development.

Property is located on the South side of Shallowford Road, east of Johnson Ferry Road, District 16, Land Lots 468 & 469, Parcels 5 & 9.

Size of tract is: 13.736 acres

Current zoning:  R-30

Contiguous zoning is:  North: NRC; East: R-20 (Mountain Creek Subdivision); South: R-15 (Breckenridge Subdivision); West: PSC

Future Land Use: Low Density Residential

Case Manager: Jill Flamm & Trish Steiner

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Mixed-Use Development

Staff Comments:

Please click for Preliminary Zoning

Please click for Final Zoning Analysis

Staff recommends: Deletion to RA-5 

ECCA recommends: Approval of RM-8 subject to the stipulation letter dated 10/1/14 and site plan 

Planning Commission Action (Aug-Sept): Continued 

Planning Commission Action (Oct): Deletion to RA-5 approved 5-0

Board of Commissioners Action: Approved 5-0 for RA-6, 82 lots, site plan specific, and subject to stipulation letter dated 10/1/14 and 10/5/14 plus additional stipulations

Petition Z-47

Traton Homes, LLC, represented by J. Kevin Moore, 770-429-1499, of Moore, Ingram, Johnson & Steele, LLP requests a rezoning from R-30 to R-15 for a subdivision.

Property is located on the north side of Shallowford Road, east of Westfield Walk, District 1, Land Lots 27 & 52, Parcels 17 & 36.

Size of tract is: 5.87 acres

Current zoning:  R-30

Contiguous zoning is:  North: R-15 (Coventry Green Subdivision); East: R-30; South: R-20 (Mountain Creek Subdivision); West: R-20 (Westfield Subdivision)

Future Land Use: Low Density Residential

Case Manager: Jill Flamm & Doug Davis

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Subdivision

Staff Comments:

Please click for Preliminary Zoning

Please click for Final Zoning Analysis

Staff recommends: Delete to R-20 

ECCA recommends: Approval subject to stipulation letter and additional stipulations

Planning Commission Action (July): Continued

Planning Commission Action (Aug): Approved 5-0 subject to site plan, landscape plan, stipulation letter, our recommended stipulations and other stipulations.

Board of Commissioners Action: Not Available

Petition Z-27

Brooks Chadwick, LLC, (404) 281-4554, represented by John H. Moore, (770) 422-7016, of Moore Ingram Johnson & Steele, LLP requests a rezoning from RR to RM-8 for single family attached residences.

Property is located on the Southeast side of Audubon Drive, south of Fairfield Drive, District 16, Land Lots 976, Parcel 7.

Size of tract is: 2.802 acres

Current zoning: RR

Contiguous zoning is:  North: RM-8 & R-20 (Indian Hills & Fawn Ridge Subdivision); East: RM-8 (Pinecrest Subdivision); South: RM-8 (Fawn Ridge & Pine Crest Subdivisions); West: RM-8 (Fawn Ridge Subdivision)

Future Land Use: Parks

Case Manager: Jill Flamm

Planning Commissioner: Mike Terry

District Commissioner: Bob Ott

Proposed Use: Single Family Attached Residences

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval for 14 lots and other stipulations 

ECCA recommends: Approval subject to stipulation letter dated 5/5/14 plus additional stipulations. 

Planning Commission Action: Approval 5-0 subject to stipulation letter dated 5/5/14 for 18 lots plus additional stipulations. 

Board of Commissioners Action (May & June): Continued

Board of Commissioners Action (July): Approved 5-0 for 20 town homes plus additional stipulations

Petition Z-22 SLUP-6 – Withdrawn

3700 Roswell Road, LLC, represented by Garvis L. Sams, Jr., (770) 422-7016, of Sams, Larkin, Huff & Balli, LLP requests a rezoning from LRO to O & I and a special land use permit for a self-service storage facility.

Property is located on the south side of Roswell Road, west of Robinson Road (3700 Roswell Road), District 16, Land Lots 967, Parcel 4.

Size of tract is: 1.535 acres

Current zoning: LRO

Contiguous zoning is:  North: O & I; East: O & I; South: RA-5; West: RA-5 (Glenside Subdivision)

Future Land Use: Neighborhood Activity Center

Case Manager: Doug Davis & Trish Steiner

Planning Commissioner: Mike Terry

District Commissioner: Bob Ott

Proposed Use: Self-Service Storage Facility

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Denial 

ECCA recommends: Not Available 

Planning Commission Action (May): Continued

Planning Commission Action (Jun): Continued

Board of Commissioners Action: Not Available

Petition Z-17

CRP EAH MD, L.L.C., (770) 541-5256, represented by John H. Moore, (770) 429-1499, requests a rezoning from R-20 to R-15 for a subdivision.

Property is located West side of Murdock Road, across from Bunker Hill Road (2001 Murdock Road), District 16, Land Lot 746, Parcel 2.

Size of tract is: 8.68 acres

Current zoning:  R-20

Contiguous zoning is:  North: R-20 (Folkstone Subdivision); East: R-20 (Bunker Hill Subdivision; South: R-20; West: R-15 (Saddle Ridge Lake Subdivision)

Future Land Use: Low density residential

Case Manager: Trish Steiner/Doug Davis

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Subdivision

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval 

ECCA recommends:

Approval subject to the stipulation letter dated 3/26/14, site plan, changes agreed to the stipulation letter by the applicant, plus one additional change:

Stipulation 10 – agreed to sod 30 ft. of backyard and pine straw

Stipulation 13- agreed to irrigate the front entrance

Stipulation 17 – 6 foot fence in detention and stone facade on detention walls

Stipulation 20 – no deliveries on Saturday or Sunday

no deliveries before 8:00 AM Monday through Friday

Stipulation 24 – fence to be maintained by HOA and the smooth correct side facing Folkstone

Stipulation 26 – irrigate the detention pond area landscaping and front entrance

Stipulation 29 – must be replanted if disturbed or penetrated

Stipulation 30 – add reversion clause to state curbs, gutters and one house under construction in 24 months

In addition, while ECCA does not have any problem with the 5/15 side setbacks as long as 20’ feet between houses is being maintained, we do have a problem with moving the houses forward without increasing the rear setback, thus increasing the total buildable area of each lot. We believe a compromise would be to increase the rear setback to 45’ (offsetting the  20’ front setback), but granting a variance for the keeping room behind the kitchen for 10’ onto the rear setback. This would also benefit the Folkstone residents who would then have homes on top of their backyard and closer to their homes.

Planning Commission Action: Approval 5-0 subject to stipulation letter dated 3/26/14, site plan and the additional stipulations listed above. 

Board of Commissioners Action: Approved 4-0 subject to stipulation letter dated 4/5/14, site plan and additional stipulations.