Petition Z-12

Search Tags<Community Bank of the South, RSL with Stipulations, Roswell Road, Rushmore Drive, Residential Development>

Community Bank of the South, 770-436-4567, represented by John Moore, Moore Ingram Johnson & Steele, LLP, 779-429-1499 request a change in zoning from RSL with Stipulations to RSL with Stipulations for a residential development.

Located on the north side of Roswell Road, east of Rushmore Drive, District 1, Land Lot 205, Parcels 24 thru 39.

Size of tract is 4.2 acres

Current zoning: RSL with Stipulations

Contiguous zoning is:  North: R-20 (Plantation Place Subdivision); East: Willeo Creek; South: R-20 (River Forest Subdivision); West: R-30 (Church)

Current Land Use: Low Density Residential

Case Manager: Jill Flamm / Lee O’Neal
Planning Commissioner: Christie Trombettii
District Commissioner: Tim Lee

Proposed Use: Residential Development

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Deletion to RA-5

ECCA recommends (May):  Oppose.  Sets a bad precedent for future RSL cases and undermines the purpose of the RSL code.

ECCA recommends (June): Oppose.  Need to have 15 lots in application, otherwise have spot zoning of RSL for 2 and RA-5 for others.  Want the four lots in the island to be turned into green space to lower the density of the RA-5.  Need to have a new site plan to make sure other 9 undeveloped lots conform to all setbacks and impervious surface limitations in the RA-5 zoning code.  Deceleration lane needs to be added.

ECCA recommends (July):  Oppose We would like all the lots in the island to be turned into green space to lower the density of the RA-5 project closer to LDR.  With the island turned into green space and the additional lot on the perimeter being eliminated, the new density would be 2.75 (10 homes/ 3.64 acres).  The flood plain area is not included in this calculation per the Cobb County Code. This brings it in closer to the density of 2.1 units/acre avg. allowed in R-15, which is the highest density in that area. We would also like a stipulation added that no contemporaneous variances are needed or anticipated in the future.  We would like to see enhanced landscaping added along the front of the development along Roswell Road to improve the viewscape from River Forest subdivision. Finally, we would like a deceleration lane to be added along Roswell Road. Without these conditions, we recommend denial of this petition.

Planning Commissioners Action (May): Hold Applicant to consider revising application for all 15 lots, requesting RA-5 and giving up some lots to reduce density.

Planning Commissioners Action (Jun): Hold until July.  Need to consider giving up 4 lots to green space.  New site plan need showing new building footprints and if they will conform to RA-5.  Need to contact owner of other two properties.

Planning Commissioners Action (Jul): Approved 5-0 for RA-5 subject to stipulation letter dated June 25, 2010.

Board of Commissioners Action:  Approved 4-0 for RA-5 subject to stipulation letter dated June 25,2010, additional landscaping at entrance and staff comments.