On November 22, 2021, the Board of Commissioners approved Ordinance 2021-23 on second and final reading. The ordinance established a new zoning district designated the Agricultural Residential Estate -- Innovative Project (AR-IP) district.
The new district is intended to provide greater flexibility by allowing a minimum lot size of two acres, while still maintaining the overall one unit per three-acre density of the AR district.
Section 78-132 of the new Code allows a developer the option to submit a preliminary concept plan for review and comment by the Board of Commissioners and the Planning Commission to seek guidance on the worthiness and obtain direction related to the plan's design before beginning the financial investment to prepare a detailed preliminary plan.
CPS Land LLC has submitted a preliminary concept development plan for an AR-IP development.
The subject property is located at 9227 and 9229 Old Smyrna Road, (Parcel Numbers 011 07100 & 029 05600), which are situated on the south side of the road, slightly east of the existing access to the Harlan Subdivision. The property includes an overall area of 40 +/- acres. The southern portion of the property is encumbered by the Hillside Protection Overlay district. The property is owned by OSR Land LLC (0112 07100) and Doyle and Ranelle Gaw (029 05600). There is a home located atop the hill in addition to several accessory structures. The submitted plan proposes the demolition of all existing structures.
The attached concept plan shows a total of ten lots ranging in area from 2.0 acres to 8.0 acres. The average lot size is 3.28 acres.
STAFF COMMENTS
- The concept plan does not accurately reflect the current property boundaries. A later boundary survey will be required to address this issue.
- The southern portion of the property is encumbered by the Hillside Protection Overlay.
- The plan also proposes an "Observation Terrace" apparently located on private property at the end of the cul-de-sac. No additional information is provided.
- The proposed cul-de-sac appears to exceed 1,000 feet in length. In an effort to meet the 1,000-foot length requirements an "eyebrow" was added. Staff would not consider this eyebrow an intersecting street. Refer to Article 6.3(5) of the subdivision Regulations.
6.3 Street Right-of-Way Widths.
5.Dead-End Streets (Cul-de-Sac)-Residential – The minimum radius of the right-of-way is 50 feet, and the radius of the edge of pavement is 35 feet, or 37 feet to face of curb. The maximum length of a dead-end street shall be 1,000 feet, as measured from the end of the cul-de-sac to the radius return of the curb line of the last intersecting street. Public utility and drainage easements are required outside the right-of-way limits for the extension of utilities and drainage infrastructure. If a landscaped island is proposed within a cul-de-sac the overall diameter of the cul-de-sac and the central island must meet the requirements for roundabouts (refer to Article 6.6 of these Regulations).
- The project shows homes with other improvements on all lots. Lots five through seven will be accessed via a shared access easement. Because of the topography the driveway winds down the hill to access the lots. The developer proposes that these lots be accessed from the access easement and has drawn the front yard setback accordingly. The streets will be publicly maintained. The front yard setback for these lots should be measured from the public street. The pools are technically not compliant as are shown in the front and/or side yards. Section 78-122(6) requires that all swimming pools be located in the rear buildable yard. Refer to the following Code section.
Sec. 78-122. Uses permitted.
(6) Accessory uses such as:
a. Swimming pools, tennis courts, pet enclosures, play structures and satellite dish antennas, including related pads, decks, patios, hard surfaces and enclosures. Such accessory uses shall not be subject to the standards and limitations set forth in sections 78-22 and 78-128 (except as specified for certain pet enclosure structures and play structures) but must be placed within the buildable area of the rear yard.
- The only open space area is located at the front of the proposed subdivision, which will also serve as a public utility and drainage easement. Its area cannot accurately be determined.
- A right-of-way dedication will most likely be required along Old Smyrna Road.
- Per Code, a 50-foot wide landscape buffer is required along Old Smyrna Road. A line indicating the buffer is provided, but it is not labeled.
- Few dimensions are provided as part of the plan, staff is unable to accurately verify the required setbacks -- F = 100', S = 45', R= 50'.
Additional comments will be forthcoming if the proposed plan is presented for rezoning. It is expected that the submitted development plan will comply with all the requirements for the AR, AR-IP and Hillside Protection Overlay districts.
No formal vote of the commission is required at this point. Positive comments/guidance from the Board of Commissioners and Planning Commission of the submitted concept plan shall not be construed as official endorsement or approval of a future rezoning application.
|