RZ-17-009 (KLA)
Community Development
12000 Findley Road | Suite 400 | Johns Creek, GA 30097 | JohnsCreekGA.gov | 678 -512-3200 | Fax: 678-512-3303
Land Use Petition RZ-17-009 Date of Staff Recommendation Preparation: July 7, 2017
PROJECT LOCATION: 10880 Bell Road DISTRICT/SECTION/LAND
LOT(S): 1st District, 1st Section, Land Lots 385 and 386
ACREAGE: 13.417 acres
EXISTING ZONING: CUP (Community Unit Plan District) Conditional PROPOSED ZONING: CUP (Community Unit Plan District) Conditional
FUTURE DEVELOPMENT MAP
DESIGNATION: Character Area 9: Medlock Bridge Road (141 Corridor)
OWNER: Johns Creek 206, LLC
2805 N. Dallas Pkwy, Ste.
Plano, TX 75093
APPLICANT: Johns Creek 206, LLC
11340 Lakefield Drive, Ste. 250 Johns Creek, GA 30097
PROPOSED DEVELOPMENT: Change in Conditions to allow for: The addition of
Residential Area F (courtyard lots) as shown in the Design Guideline Book (page 13). The site plan configuration for Pod A to accommodate the new Residential Area F courtyard lots.
5 new courtyard style homes with a minimum of 1,800 square-feet heated floor area.
STAFF RECOMMENDATION: PARTIAL APPROVAL WITH CONDITIONS
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Zoning Map
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Aerial View
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Proposed site plan
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PROJECT OVERVIEW
The applicant is requesting a change of conditions from zoning case RZ-13-003, to allow for the addition of Residential Area F (courtyard lots) as shown in the Design Guideline Book (page 13). The site plan configuration for Pod A to accommodate the new Residential Area F courtyard lots, and 5 new courtyard style homes, with a minimum of 1,800-square-feet of heated floor area.
The 13.417 acre site is currently developed as CUP Conditional (Community Unit Plan), and part of the Bellmoore Park Subdivision. The previously approved land use petition, RZ-13-003, has eighteen conditions. The applicant is requesting a changing from the following, Condition 3: The property shall be developed in conformance with the site plan submitted on February 28, 2013 to the Community Development Department; Condition 4: The lot sizes and setbacks shall be developed in conformance with the Bellmoore Park design guidebook submitted on April 23, 2013 to the Community Development Department and shall include at a minimum for all pods; and Condition 7: minimum heated floor area per dwelling shall be 2,500-square feet except a maximum of 15% of the homes may be 2,250-square feet.
The proposed change of conditions will not create any additional traffic along Bell Road.
The surrounding area is characterized by commercial and institutional uses extending from Medlock Bridge Road and Technology Park and established and emerging residential developments to the north, east and across Bell Road to the southwest. Adjacent to the west is the Johns Creek United Methodist Church, zoned O-I Conditional, north are properties in Technology Park, including a Georgia Power station, Alcon (Ciba)Vision, zoned M-1A Conditional, Brookhaven at Johns Creek, zoned CUP Conditional for detached residences and quadruplexes and the Gates at Johns Creek, zoned CUP Conditional for detached residences and townhomes. East are the Laurelwood and Devonhall Subdivisions, zoned R-4A Conditional. South are properties containing residences on acreage, zoned AG- 1, and across Bell Road to the southwest is the Reserve at Foxdale subdivision, zoned CUP Conditional.
A neighborhood meeting was held for this application on Thursday, July 6, 2017. There were approximately 43 residents in attendance and issues were raised on access of the lots, lot configuration, the number of single-family dwellings being proposed, the impact on schools, fire accessibility, and the minimum heated floor area of each single-family dwelling, as proposed by the applicant. The applicant addressed many of these issues during the Public Participation meeting and stated he would be setting up another meeting with the residents of Bellmoore Park, for the following week for any additional questions.
SEVEN STANDARDS OF REZONING REVIEW (STEINBERG ACT)
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Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property?
The surrounding zoning, land uses and development criteria are as follows:
The current use will not change as a result of this request to change conditions for the addition of Residential Area F (courtyard lots) as shown in the Design Guideline Book (page 13). The site plan configuration for Pod A to accommodate the new Residential Area F courtyard lots. The subject property is positioned between a mixture of institutional and industrial uses found to the north and west and subdivisions and residences on acreage found to the southwest, south and east. The single-family subdivisions to the east and west are between 2.44 and 2.54 units per acre while the two adjacent subdivisions in Technology Park are 3.65 and 3.82 units per acre. The proposed project will be suitable in view of the use and development of adjacent and nearby properties.
Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property?
The proposed project will not adversely affect the existing use or usability of adjacent or nearby property, as the current use will not change from this zoning proposal.
Whether the property to be affected by the proposal has a reasonable economic use as currently zoned?
Adjacent & Surrounding
Properties Zoning
(Petition Number)
Land Use Density
(Dwelling units/acre)
North M-1A Cond.
1983Z-0141 Alcon(CibaVision) (Industrial) N/A
North M-1A Cond.
1983Z-0141 Vacant Industrial N/A
North CUP Conditional
RZ-10-007
Brookhaven at Johns Creek Single-Family/Quadruplex
Subdivision 3.82 units/acre
North CUP Conditional
AMOD-07-001
Gates at Johns Creek Single- Family
Subdivision/Townhomes 3.65 units/acre
East CUP Conditional
1989Z-0014 The Reserve at Foxdale
Single-Family Subdivision 2.54 units/acre
South AG-1 Residences on Acreage 1 unit/acre
Southwest CUP Conditional
1992Z-046 The Reserve at Foxdale 2.54 units/acre Southwest O-I Conditional
1994Z-031 Church of the Hills Presbyterian N/A
West O-I Conditional
RZ-09-006 Johns Creek United Methodist
Church N/A
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The property has a reasonable economic use as currently zoned CUP.
Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?
The proposed change in conditions will not cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools as the proposed site plan results in the same number of units as was previous approved under RZ-13-003 and the previous traffic study and DRI conducted for RZ-13- 003 resulted in several roadway improvement requirements which are still in force.
Whether the proposal is in conformity with the policy and intent of the Comprehensive Plan including the land use element?
The subject property is part of a larger subdivision known as Bellmoore Park and is located in Character Area 08: Shakerag of the Johns Creek Future Development Map. Policies for this character area suggest residential uses at a density of 1 to 3 units per acre. The Bellmoore Park subdivision was approved with 2.88 units per acre, the proposed change in conditions for Pod A within Bellmoore Park still complies with the recommended policies for the area.
Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal?
The current use will not change as a result of this zoning proposal. The applicant is requesting a change in conditions to allow for the addition of Residential Area F (courtyard lots) as shown in the Design Guideline Book (page 13). The site plan configuration for Pod A to accommodate the new Residential Area F courtyard lots, and 5 new courtyard style homes, with a minimum of 1,800-square-feet of heated floor area.
Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment, and citizens of the City of Johns Creek.
The zoning proposal will not permit a use which can be considered environmentally adverse to the natural resources, environment, and citizens of the City of Johns Creek.
ANALYSIS
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The surrounding area is characterized by commercial and institutional uses extending from Medlock Bridge Road and Technology Park and established residential developments to the north, east and across Bell Road to the southwest. Adjacent to the west is the Johns Creek United Methodist Church, zoned O- I Conditional, north are properties in Technology Park, including a Georgia Power station, Alcon (Ciba)Vision, zoned M-1A Conditional, Brookhaven at Johns Creek, zoned CUP Conditional for detached residences and quadruplexes and the Gates at Johns Creek, zoned CUP Conditional for detached residences and townhomes. East are the Laurelwood and Devonhall Subdivisions, zoned R-4A Conditional. South are properties containing residences on acreage, zoned AG-1, and across Bell Road to the southwest is the Reserve at Foxdale subdivision, zoned CUP Conditional. The proposed change in conditions to allow for courtyard lots, a different lot configuration, would be consistent with other established development patterns found in the area most notably the quadraplexes in Brookhaven. The reconfiguration of lots in Pod A will not cause any detriment to the surrounding schools, utilities, roads, etc., as the number of lots proposed will remain the same (66 lots) as shown on the February 28, 2013 site plan, as was approved for zoning case RZ-13-003, Pod A.
Additionally, the Gates at Johns Creek and Brookhaven at Johns Creek both contain attached residential units and the Gates at Johns Creek have a minimum lot size of 2,800 square feet. The proposed density and lot sizes in Pod A would be consistent with Bellmoore Park and other established residential developments near Bellmoore Park. However, the proposed minimum dwelling size of 1,800 square feet would not be consistent with the existing home sizes found within Bellmoore Park, East Haven and Brook Haven, all of which have a higher minimum square foot requirement. The Foxdale subdivision, directly across from Pod A on the south side of Bell Road does contain homes with minimum heated floor areas of 1800 SF.
The City of Johns Creek Future Development Map indicates that the subject property lies within Character Area 08 – Shakerag. Policies for this character area suggest residential development at one to three units per acre and planned developments. The most recent residential approvals in the immediate area include 3.82 units per acre for Brookhaven at Johns Creek and 3.65 units per acre for The Gates at Johns Creek and 2.79 units per acre for East Haven...The Bellmore Park development has a density of 2.88 units per acre, and thus conforms to the policies for the area. Additionally, the proposed diversity in lot sizes would conform to the policies in the area, which have zoned lots as small as 2,800 square feet. As a planned development with several distinct pods and associated amenities and open space, the request would conform to the recommended policies of planned developments for the area. With proper conditions to ensure architectural and dwelling size compatibility with the projects found in the area, the proposed development would be consistent with the policies for the area.
The subject property is located at the northeastern intersection of Bell Road and Bellmore Park Lane. The parcel is located within the Bellmore Park subdivision and is surrounded by single-family homes as well as office-institutional uses. The proposed change in conditions from zoning case RZ-13-003, to allow for the addition of Residential Area F (courtyard lots) as shown in the Design Guideline Book (page 13). And the site plan configuration for Pod A to accommodate the new Residential Area F courtyard lots will meet the policy and intent of the Comprehensive Plan, as the Shakerag Character Area suggests residential developments at one to three units per acre. The third proposal, of allowing 5 new courtyard style homes, with a minimum of 1,800 square-feet of heated floor area, however, does not meet the policy and intent of the Comprehensive Plan, as the surrounding single-family homes have a minimum of 2,250 heated square-feet, with the majority of surrounding dwellings having a minimum of 2,500 heated square-feet.
Because of the scope of this project, the change in conditions to allow a different site layout, and courtyard style homes is not likely to have impacts on existing traffic congestion already occurring on Bell Road, as the number of new single-family homes will not increase. Because the proposed zoning would be in keeping with the policies and intent of the Comprehensive Plan and would be suitable in view of its
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impacts on adjacent and nearby properties, as well as the intensity of the project, the Department of Community Development recommends PARTIAL APPROVAL of RZ-17-009, to allow for the addition of Residential Area F (courtyard lots) as shown in the Design Guideline Book (page 13).
And the site plan configuration for Pod A to accommodate the new Residential Area F courtyard lots, and DENIAL of the change in conditions to allow for a minimum of 1,800 square-feet of heated floor area.
DEPARTMENT COMMENTS PUBLIC WORKS
No comments.
FIRE MARSHAL
1. No obvious concerns from fire at this point in the submittal process
2. Shall provide a current water flow report for this proposed area by LDP submittal that is no greater than 6 months old
3. LDP submittals shall provide identify water main sizes and fire hydrant locations that provide their GPS locations (Lat. And Long.)
ARBORIST
1. The landscape strip adjacent to Bell Road was designed and installed as part of the land disturbance permit associated with LDP2013-09 (13-100); any changes to this will require a revision to the this permit.
2. The landscape strip adjacent to Bell Road Connector shall be designed and approved with the land disturbance permit for this pod.
3. Tree Ordinance and Administrative Guidelines requirements to be met through land disturbance permit. Landscape strips, density requirements, zoning buffers, and any specimen recompense are to be protected and/or planted per the Guidelines.
a. The tree density required for this site is 20 units per acre.
b. Landscape strip widths and zoning buffers are determined by zoning. Landscape strips are measured from the dedicated rights-of-way or interior property lines, and the planting requirements are found in the Administrative Guidelines.
c. Specimen-sized trees are defined as follows, and are required to be show on the land disturbance permit drawings:
i. Large hardwoods = 27-inch dbh (Oak, hickory, Yellow Poplar, Sweetgum, etc.) ii. Large hardwood = 24-inch dbh (Beech)
iii. Large softwoods = 24-inch dbh (Pine, Deodar Cedar)
iv. Small native flowering = 10-inch dbh (Dogwood, Redbud, Sourwood) SITE DEVELOPMENT
1. New layout to provide proper setbacks for any required detention easements.
2. Verify the dentition facility is designed with the revised impervious surfaces.
WATER AND SEWER
NOTE: Various Fulton County departments or divisions that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant's conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved, are required to complete the Johns Creek Plan Review process
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and the Fulton County Review process for sewer (and/or water) prior to the commencement of any construction activity.
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: 270 gallons per day (gpd) per lot x 66 residential units = 17,820 square feet gallons per day (gpd).
This project is within the Fulton County Government water service jurisdiction. There is a 12-inch water line along the west side of Bellmoore Park Lane and there is a 12-inch water line along the north side of Bell Road that can service this location.
SEWER:
Basin: Big Creek
Treatment Plant: Big Creek
Anticipated sewer demand: 16,038 gallons per day
There is a sanitary sewer manhole along the western property line of the 30.55-acre tract (“0” (10880) Bell Road (Parcel ID: 11 108003850037)) (Sewer manhole #SMJC4009380). Also, there are five sanitary sewer manholes located southeast of the 30.55 acre tract along Bellmoore Park Lane (Sewer manholes # SMJC4052037 to #SMJC4052039 in land lots 385, 386, district 1-1 that can service this project.
FULTON COUNTY DEPARTMENT OF HEALTH SERVICES
1. If the owner/developer is required to submit a plat, then the Fulton County Department of Health and Wellness requires that plats be submitted for review and approval regarding water supply and sewage disposal prior to the approval by the appropriate jurisdiction. The owner may not sell, offer for sale, lease, begin construction or begin physical improvements of a residential development, nor shall a building permit be issued until this Department has reviewed and approved the plat.
2. The Fulton County Department of Health and Wellness will require that the applicant connect the proposed residential development to public water and public sanitary sewer available to the site.
3. Since this proposed development constitutes a premise where people live, onsite sanitary facilities will be mandatory prior to use or occupancy.
4. Since this proposed development includes a public swimming pool as defined in the regulations including spas, whirlpools, etc., the owner or contractor must submit plans for review and approval by this department and must obtain a Department of Health Services permit to construct before issuance of a building permit. Also, the owner of the facility must obtain a Department of Health and Wellness permit to operate the pool prior to opening.
5. If the solid waste from the common areas will be stored for disposal in a dumpster, this department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval.
EJ Comments
• The Fulton County Department of Health and Well ness does not anticipate any adverse impacts to the health of humans or the environment by allowing the rezoning of the subject property from CUP (Community Unit Plan) Conditional to CUP (Community Unit Plan) Conditional to allow for the construction of the five (5) proposed courtyard-style homes.
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FULTON COUNTY BOARD OF EDUCATION
1. The proposed change in conditions will have no impact on Fulton County Schools.
STAFF RECOMMENDATION
Based upon the findings and conclusions herein, Staff recommends PARTIAL APPROVAL of Land Use Petition RZ-17-009, subject to the following conditions:
1. All conditions/requirements placed on the property from previous zoning case, RZ-13-003, shall remain in effect.
2. Each single-family dwelling shall have a minimum of 2,250 square-feet heated floor area and a two-car garage. Twenty percent (20%) of the homes in Pod A may have heated floor areas of a minimum of 1800 SF.
3. The property shall be developed in conformance with the conceptual site plan submitted on June 9, 2017 to the Community Development Department.
4. Residential Area F, Courtyard Lots, shall be added to the Bell Road Tract (Bellmoore Park) Master Plan and Design Guideline Book. The minimum lot size shall be 3,500 SF. The minimum lot width shall be 35 feet. The maximum building lot coverage shall be eighty percent (80%). Each lot shall have the minimum setbacks: front yard – 10 feet; rear yard – 3 feet; and side yard – 3 feet.
Minimum building separation shall be 10 feet.
5. Sidewalks shall be included on both sides of all internal streets within Pod A.
6. Each dwelling unit’s driveway shall be a minimum of 20 feet in length from the back edge of the sidewalk to the face of the garage door.
7. The new site plan layout shall provide proper setbacks for any required detention easements.
8. The Applicant shall be required to verify the dentition facility is designed with the revised impervious surfaces.
9. The landscape strip adjacent to Bell Road was designed and installed as part of the land disturbance permit associated with LDP2013-09 (13-100); any changes to this will require a revision to the this permit.
10. The landscape strip adjacent to Bell Road Connector shall be designed and approved with the land disturbance permit for this pod.
A complete audio and video recording of the meeting is available at www.johnscreekga.gov/Residents/City- Clerk/Meeting-Agendas-Minutes
CITY OF JOHNS CREEK PLANNING COMMISSION MINUTES
Tuesday, August 1, 2017
Call to Order: Vice Chairwoman Sanders called the meeting to order. Vice Chairwoman Sanders read the policies and procedures for the record.
Roll Call: Chip Floyd, Absent
Lea Taylor
Irene Sanders/ Vice Chair Ruth Carr / Absent Emmett Shaffer / Absent Steve Parham
Steve Zedeck
Staff Present: Jennifer Glenn, Senior Planner Kylie Adams, Planner
Keyonna Calloway, Administrative Assistant
Approval of Minutes: Commissioner Taylor made a motion to approve minutes from the July 5, 2017 meeting. Commissioner Parham seconded. Minutes approved 4-0.
A. New Business – Land Use Petitions
LAND USE PETITION: RZ-17-009
PETITIONER: Johns Creek 206, LLC
LOCATION: 10880 Bell Road
CURRENT ZONING: CUP (Community Unit Plan) Change in Conditions PROPOSED ZONING: CUP (Community Unit Plan) Change in Conditions
PROPOSED DEVELOPMENT: Change in conditions to allow for; The addition of
Residential Area F (courtyard lots) as shown in the Design guideline Book (page 13); the site plan configuration of Pad A to accommodate the new residential Area F courtyard lots; and 5 new courtyard style homes with a minimum of 1800 square-feet heated floor area.
Kylie Adams, Planner, presented the Applicant’s request to withdraw land use petition RZ-17- 009.
A complete audio and video recording of the meeting is available at www.johnscreekga.gov/Residents/City- Clerk/Meeting-Agendas-Minutes
No Public Hearing was held due to the request to withdraw.
Vice Chair Sanders had questions for the Applicant, Jeff Kingsfield representing Johns Creek 206, LLC on why they were requesting a withdrawal. Jeff Kingsfield stated that they wanted to take time to re-evaluate their plan and would bring it back to the City for consideration when they had support from the Bellmoore Park community.
Commissioner Taylor made a motion to approve the Applicant’s request to withdraw RZ-17-009.
Commissioner Parham seconded the motion. Commissioner Zedeck abstained. Motion carried 3-0-1.
B. Departmental Updates
Senior Planner Glenn stated that due to City Hall being moved to a new temporary location in September all City of Johns Creek meetings will now be held at the Municipal Court building located on Lakefield Drive starting in October 2017. She asked the Planning Commissioners on their thoughts to moving the Planning Commission meetings from the first Tuesday of the month to the first Wednesday of the month due to scheduling conflicts with existing meetings already occurring on Tuesday nights at the Municipal Court building. Additional discussion will continue at the September 5th Planning
Commission meeting.
C. Adjournment
Chairman Parham made a motion to adjourn. Commissioner Zedeck seconded. Motion Carried 4-0.
_______________________________
Chairman
