Chestnut Place Condominiums
Staff Report
City of Doraville, Georgia
Planning and Zoning
Public
Hearing:MCC Public Hearing October 26, 2009 @ 6:30 p.m.
Planning
Commission:PC Public Hearing October 8, 2009 @ 7:00 p.m.
Previous
Notification:The City Council was notified by email notificationon or about September 17, 2009, and the Planning Commission on September 21, 2009.
Applicant:City of Doraville, Georgia Mayor and Council
Request:Rezoning from R-SFA (Residential Single Family Attached) Conditional to R-4(Multiple-Family Residence District (Condominiums Cooperatives and Townhomes) Conditional. The City is undertaking corrective action due to deviations which occurred at development whereby a Condominium Plat was filed.
Location:Land Lot296 of the 18th District, property situated along Chestnut Drive. The multitude of tax parcels are identified following:
Parcel ID:
18-296-14-048; 0 Chestnut Woods Circle
18-296-14-049; 0 Chestnut Woods Circle
18-296AO1-048; 0 Chestnut Woods Circle
18-296AO1-049; 0 Chestnut Woods Circle
18-296-05-108; 0 Chestnut Woods Circle
18-296-05-109; 0 Chestnut Woods Circle
18-296-05-061; 3120 Chestnut Woods Drive
18-296AO1-001; 3120 Chestnut Woods Drive
18-296-14-001; 3120 Chestnut Woods Drive
18-296-05-062; 3122 Chestnut Woods Drive
18-296AO1-002; 3122 Chestnut Woods Drive
18-296-14-002; 3122 Chestnut Woods Drive
18-296-05-063; 3124 Chestnut Woods Drive
18-296AO1-003; 3124 Chestnut Woods Drive
18-296-14-003; 3124 Chestnut Woods Drive
18-296-05-064; 3126 Chestnut Woods Drive
18-296AO1-004; 3126 Chestnut Woods Drive
18-296-14-004; 3126 Chestnut Woods Drive
18-296-05-065; 3128 Chestnut Woods Drive
18-296-14-005; 3128 Chestnut Woods Drive
18-296AO1-005; 3128 Chestnut Woods Drive
18-296-05-066; 3130 Chestnut Woods Drive
18-296AO1-006; 3130 Chestnut Woods Drive
18-296-14-006; 3130 Chestnut Woods Drive
18-296-05-067; 3134 Chestnut Woods Drive
18-296AO1-007; 3134 Chestnut Woods Drive
18-296-14-007; 3134 Chestnut Woods Drive
18-296-05-068; 3136 Chestnut Woods Drive
18-296AO1-008; 3136 Chestnut Woods Drive
18-296-14-008; 3136 Chestnut Woods Drive
18-296-05-069; 3138 Chestnut Woods Drive
18-296AO1-009; 3138 Chestnut Woods Drive
18-296-14-009; 3138 Chestnut Woods Drive
18-296-05-070; 3140 Chestnut Woods Drive
18-296AO1-010; 3140 Chestnut Woods Drive
18-296-14-010; 3140 Chestnut Woods Drive
18-296-05-071; 3142 Chestnut Woods Drive
18-296AO1-011; 3142 Chestnut Woods Drive
18-296-14-011; 3142 Chestnut Woods Drive
18-296-05-072; 3144 Chestnut Woods Drive
18-296AO1-012; 3144 Chestnut Woods Drive
18-296-14-012; 3144 Chestnut Woods Drive
18-296-05-073; 3148 Chestnut Woods Drive
18-296-AO1-013; 3148 Chestnut Woods Drive
18-296-14-013; 3148 Chestnut Woods Drive
18-296-05-074; 3150 Chestnut Woods Drive
18-296AO1-014; 3150 Chestnut Woods Drive
18-296-14-014; 3150 Chestnut Woods Drive
18-296-05-075; 3152 Chestnut Woods Drive
18-296AO1-015; 3152 Chestnut Woods Drive
18-296-14-015; 3152 Chestnut Woods Drive
18-296-05-076; 3154 Chestnut Woods Drive
18-296AO1-016; 3154 Chestnut Woods Drive
18-296-14-016; 3154 Chestnut Woods Drive
18-296-14-017; 3156 Chestnut Woods Drive
18-296-05-077; 3156 Chestnut Woods Drive
18-296AO1-017; 3156 Chestnut Woods Drive
18-296-14-018; 3158 Chestnut Woods Drive
18-296-05-078; 3158 Chestnut Woods Drive
18-296AO1-018; 3158 Chestnut Woods Drive
18-296-14-019; 3320 Chestnut Woods Drive
18-296-05-079; 3320 Chestnut Woods Drive
18-296AO1-019; 3320 Chestnut Woods Drive
18-296-14-020; 3322 Chestnut Woods Drive
18-296-05-080; 3322 Chestnut Woods Drive
18-296AO1-020; 3322 Chestnut Woods Drive
18-296-14-021; 3324 Chestnut Woods Drive
18-296-05-081; 3324 Chestnut Woods Drive
18-296AO1-021; 3324 Chestnut Woods Drive
18-296-14-022; 3326 Chestnut Woods Circle
18-296-05-082; 3326 Chestnut Woods Circle
18-296AO1-022; 3326 Chestnut Woods Circle
18-296-14-023; 3330 Chestnut Woods Circle
18-296-05-083; 3330 Chestnut Woods Circle
18-296AO1-023; 3330 Chestnut Woods Circle
18-296-14-024; 3332 Chestnut Woods Circle
18-296-05-084; 3332 Chestnut Woods Circle
18-296AO1-024; 3332 Chestnut Woods Circle
18-296-14-025; 3334 Chestnut Woods Circle
18-296-05-085; 3334 Chestnut Woods Circle
18-296AO1-025; 3334 Chestnut Woods Circle
18-296-14-026; 3336 Chestnut Woods Circle
18-296-05-086; 3336 Chestnut Woods Circle
18-296AO1-026; 3336 Chestnut Woods Circle
18-296-14-027; 3342 Chestnut Woods Circle
18-296-05-087; 3342 Chestnut Woods Circle
18-296AO1-027; 3344 Chestnut Woods Circle
18-296-14-028; 3344 Chestnut Woods Circle
18-296-05-088; 3344 Chestnut Woods Circle
18-296AO1-028; 3346 Chestnut Woods Circle
18-296-14-029; 3346 Chestnut Woods Circle
18-296-05-089; 3346 Chestnut Woods Circle
18-296AO1-029; 3346 Chestnut Woods Circle
18-296-14-030; 3348 Chestnut Woods Circle
18-296-05-090; 3348 Chestnut Woods Circle
18-296AO1-030; 3348 Chestnut Woods Circle
18-296-14-031; 3350 Chestnut Woods Circle
18-296-05-091; 3350 Chestnut Woods Circle
18-296AO1-031; 3350 Chestnut Woods Circle
18-296-14-032; 3354 Chestnut Woods Circle
18-296-05-092; 3354 Chestnut Woods Circle
18-296AO1-032; 3354 Chestnut Woods Circle
18-296-14-033; 3356 Chestnut Woods Circle
18-296-05-093; 3356 Chestnut Woods Circle
18-296AO1-033; 3356 Chestnut Woods Circle
18-296-14-034; 3358 Chestnut Woods Circle
18-296-05-094; 3358 Chestnut Woods Circle
18-296AO1-034; 3358 Chestnut Woods Circle
18-296-14-035; 3360 Chestnut Woods Circle
18-296-05-095; 3360 Chestnut Woods Circle
18-296AO1-035; 3360 Chestnut Woods Circle
18-296-14-036; 3364 Chestnut Woods Circle
18-296-05-096; 3364 Chestnut Woods Circle
18-296AO1-036; 3364 Chestnut Woods Circle
18-296-14-037; 3366 Chestnut Woods Circle
18-296-05-097; 3366 Chestnut Woods Circle
18-296AO1-037; 3366 Chestnut Woods Circle
18-296-14-038; 3368 Chestnut Woods Circle
18-296-05-098; 3368 Chestnut Woods Circle
18-296AO1-038; 3368 Chestnut Woods Circle
18-296-14-039; 3370 Chestnut Woods Circle
18-296-05-099; 3370 Chestnut Woods Circle
18-296AO1-039; 3370 Chestnut Woods Circle
18-296-14-040; 3374 Chestnut Woods Circle
18-296-05-100; 3374 Chestnut Woods Circle
18-296AO1-040; 3374 Chestnut Woods Circle
18-296-14-041; 3376 Chestnut Woods Circle
18-296AO1-041; 3376 Chestnut Woods Circle
18-296-05-101; 3376 Chestnut Woods Circle
18-296-14-042; 3378 Chestnut Woods Circle
18-296AO1-042; 3378 Chestnut Woods Circle
18-296-05-102; 3378 Chestnut Woods Circle
18-296-14-043; 3380 Chestnut Woods Circle
18-296AO1-043; 3380 Chestnut Woods Circle
18-296-05-103; 3380 Chestnut Woods Circle
18-296-14-044; 3384 Chestnut Woods Circle
18-296-05-103; 3380 Chestnut Woods Circle
18-296-05-103; 3380 Chestnut Woods Circle
18-296-14-044; 3384 Chestnut Woods Circle
18-296-05-103; 3380 Chestnut Woods Circle
18-296AO1-044; 3384 Chestnut Woods Circle
18-296-05-104; 3384 Chestnut Woods Circle
18-296-14-045; 3386 Chestnut Woods Circle
18-296AO1-045; 3386 Chestnut Woods Circle
18-296-05-105; 3386 Chestnut Woods Circle
18-296-14-046; 3388 Chestnut Woods Circle
18-296AO1-046; 3388 Chestnut Woods Circle
18-296-05-106; 3388 Chestnut Woods Circle
18-296-14-047; 3390 Chestnut Woods Circle
18-296AO1-047; 3390 Chestnut Woods Circle
18-296-05-107; 3390 Chestnut Woods Circle
Tract Size:Approximately 6.93 +/- acres (parent tract) – being a condominium regime, the properties are located on one (1), un-subdivided tract.
Infrastructure:Water Service: public, DeKalbCounty
Sewer Service: public, DeKalbCounty
Electricity: Unknown
Telephone: Unknown
Schools: At this time, no further affect.
Environmental:Wetlands and Floodplain: There are wetlands and/or floodplain per the certified survey supplied by the Applicant.
Water Supply Watersheds: Not affected (Source Datum: Robert and Company).
2006 Comp Plan:Not generally applicable due to developed site. The site was identified as a “Neighborhood Preservation District.”
LCI:The site is not part of the identified LCI plan area.
Transportation:The property is bordered on thesouth by Chestnut Drivewith an existing curb-cut serving the interior private drives. Apparently, a Performance Bond is still outstanding with DeKalbCounty for infrastructure within this development.
Pedestrian
Accessibility:Although there are no interior sidewalks fronting the private, interior roads, there are sidewalks along Chestnut Drive and to Aztec Road as required by Conditions of Zoning.
Zoning History:The property is presently zoned R-SFA per the current, signed City zoning map.This is consistent with the actions of Mayor and Council on January 18, 2005 (see attachment, minutes). The original plan specific zoning indicates that all internal roads are private and are thus to be owned/maintained by the Homeowner’s Association.
If one reviews the original zoning concept plan (which was also a Condition of Zoning), one would believe the project was being developed as single-family attached, fee simple, dwelling units. Thus, each “townhome” owner would also own the land upon which their respective unit is located.
Additionally, the Land Disturbance Permit issued by DeKalb County, Georgia, on behalf of the City would also be indicative of fee simple ownership.
The inconsistency of the original zoning as compared with post development outcomes is related by way of the use of RSFA zoning to also allow hybrid R-4 (Condominium and RSFA uses). If one reviews the condominium plat filed, it can be noted that some units are depicted as pad sites with no individual land ownership or individual unit demarcation while others are shown as traditional, individual pad sites (attached) common in conventional townhome construction. This controversy arises by a common misconception of classifying all of these type uses as “multi-family.” Would the site have been best served by being originally zoned R-4 which is the zoning category for condominiums? The answer is affirmatively yes; however, recall the project management failures were largely developer created by failing to follow approved plans and to divulge their intentions of condominium form of ownership. Regardless, all these sites (whether individual units or common pads) are not physically adjacent to or front a street. All unitsare located within common property.
Condominium forms of ownership are regulated by the Georgia Condominium Act. Condominiums are characterized byrespective unit owners also owning a pro rated share of the common property and amenities are set forth as common elements (guest parking) and limited common elements (e.g. individual unit balcony and decks).Usually, an association fee addresses care and maintenance of the “property.”
Regulations:Zoning Ordinance, Building and Development Ordinance, Soil Erosion and Sedimentation Control Ordinance, and Tree Preservation.
Comments:Existing Development Conditions:
Approximately twelve (12) pad sites remain – two (2) six packs of attached dwelling units (modules) have not been built. These are located on the northwest side of the project entrance at Chestnut Drive. The footing for module 1 (located nearest the entrance) was previously poured; however, module 2 (the next sequential set of attached units) has no previous activity. There is no known archival proof that the abandoned footings were inspected.
Code Compliance:
The site has is not constructed in compliance with the City approved site plan.This is not surprising giving the City’s past history of relying on DeKalb County, Georgia via inter-local agreement for plan review, permitting, and inspections.The results the Council has thus experienced thus far (on this and other projects) have been less than favorable to the City. The site was issued its Land Disturbance Permit by DeKalb County, Georgia on 7/7/05 by Gerry Chambers – Land Development Division.
Environmental:
The Condominium Plat indicates a building of attached units (module 1) is to be located within the City’s 75 foot stream buffer. Staff finds no proof that either the City Council ever authenticated this plat (e.g. signed) or that it, as the legislative authority, ever granted a stream buffer variance. Thus, the plat is suspect as to vesting any building location within the City’s stream buffer requirement.
Standards of Review (Section 1603);
(1) The existing uses and zoning nearby.
The property is bordered on three (3) sides – north, east, and west by properties zoned R-1. The southern boundary of the site is Chestnut Drive.
(2)The extent to which property values are diminished by their particular zoning restriction.
Not applicable due to the preponderance of the site already developed as attached dwelling units but pursuant to condominium regime rather than fee simple ownership.
(3)The extent to which the destruction of property values of the subject property promotes the health, safety, morals, or general welfare of the public.
The site is an evolving (yet integral) part of a stable residential neighborhood.
(4)The relative harm to the public as compared to the hardship imposed upon the individual property owner.
There are undetermined hardships for all parties involved.
(5)The suitability of the subject property for the zoning proposed.
Not applicable due to already being mostly developed and completed as an R-4 use.
(6)The length of time the property has been vacant as zoned, considered in the context of land development of adjacent and nearby property.
Not applicable. It is not uncommon for master development sites of townhome style development to have protracted development timeframes.
(7)Whether the proposed zoning will permit a use that is suitable in view of the use and development of adjacent and nearby property.
The subject property is a hybrid of single-family uses and homeownership catering to those who do not desire individual responsibility for exterior upkeep common within single-family detached. Thus, it is an acceptable element (site specific) to a residential neighborhood.
(8)Whether the zoning proposal will adversely affect the existing use or unsuitability of adjacent or nearby property.
No affect that has not already been produced given longevity of the development.
(9)Whether the property to be affected by the zoning proposal has a reasonableeconomic use as currently zoned.
The property has reasonable economic use as currently zoned but care should be taken to ensure continuity of development and to place it within a zoning category which does not put forth legal non-conformity concerns.
(10) Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, orschools.
Streets and transportation facilities: no affect given as-built conditions of the site.
Utilities: no affect as presently developed.
Schools: no affect, no change as previously developed.
(11)Whether the zoning proposal is in conformity with the policy and intent of the land useplan.
The property is presently part of the evolving intermediate land use plans asdeveloped.
(12)Whether there are existing or changing conditions affecting the use anddevelopment of the property which gives supporting grounds for either approval or disapproval of the zoning proposal.
With conditions of zoning to preserve the continuity of development and to address environmental concerns,the City initiated rezone should further the causes of securing the development scenario already begun.
(13) The possible effects of the change in the regulations or map on the character of azoning district, a particular piece of property, neighborhood, a particular area, or the community; and:
The property’s rezoningwill have no effect other than placing existing development within the appropriate zoning classification.
(14) The impact of the proposed zoning change upon pedestrian and vehicular circulation and traffic thoroughfare capacities and capabilities.
The road infrastructure is existing, in use, and private as envisioned by the rezoning concept plan. The City initiated zoning action shall not address any change to roadway situation which is a separate legislative attempt.
Recommendation:
Staff recommends Approvalof the City Initiated rezoning of Chestnut Place Condominiums from R-SFA Conditional to R-4 Conditional per the revised conditions described below:
The only variance recommended by Staff is to decrease the front building setback (minimum front yard) on module 1 from 35 feet to 0 feet. Module 1 shall be enfronted to the private right-of-way although slight variations in setback (no greater than ten (10) feet) may be entertained by the City Council with site specific architectural façade review provided no building, unit, or appurtenance is located within the 75 foot City stream buffer. Ample guest parking has been provided elsewhere on-site; and, therefore no parking needs to be located in front of a unit’s garage.
NOTE: In reviewing the definition of building setback line (Section 402), it is clear a building setback line also applies to a private street.
Unless R-4 is rewritten, the development will remain legally non-conforming relative to dimensional and space limits which is fine given there will never be any expansion of existing footprints.
1.The only permitted use of the property is condominium development of single-family attached dwelling units whereby each dwelling unit is arranged in a horizontal and vertical fashion which precludes any other dwelling unit from encroaching upon any other dwelling unit’s footprint. No Conditional Uses shall be permitted.
2.Existing vegetation shall be preserved with all buffer areas. The Chestnut Drivefrontage shall preserve a 20 foot landscape strip between the dwelling unit and the street which shall include a three (3) tiered effect of over story evergreen trees adjacent to the dwelling unit, followed by uniform fencing with brick hard scapes at project entrance, and then shrubbery in the foreground with sod strips to sidewalk.
3.Minimum dwelling unit size shall be 2,000 heated square feet, exclusive of garage. Each dwelling unit shall be three (3) stories – inclusive of garage.
4.Each dwelling unit shall have a two-car attached garage which is located on the first story of the dwelling unit.All driveways and at-grade walkways serving units shall be of brushed finished concrete construction which is consistent with built units (exposed aggregate shall not be utilized).
5.No garage doors shall be allowed to face (in a parallel fashion) Chestnut Drive frontage. Garage doors shall be of the same flat panel design (without windows) as those found on-site.
6.Existing mature trees shall be preserved onsite in accordance with the City’s Tree Protection Ordinance.
7.A minimum five (5) foot sidewalk shall be installed along the entire frontage and continuing to the intersection of Chestnut Drive and Aztec Road. Interior roads shall not be required to have sidewalks. This item has been completed as of October 2, 2009.
8.Building exterior cladding shall be full brick elevations on the front, side, and rear facades. No more than ten (10) percent of any dwelling unit shall be masonry cement board siding as reflected on City approved architectural elevations.
9.Interior roads shall be private unless subsequently accepted by the City or County for dedication. The homeowner’s association or holder of the common elements shall be responsible for all dedication costs.
10.The remaining dwelling unit site shall be completed within one (1) year or the pad sites shall be sodded with turf grass as common open space.
11.A maximum of 47 dwelling units shall be constructed which shall only be attached dwelling units. No individual dwelling unit shall be constructed without its attendant attached dwelling units also being permitted and constructed simultaneously. No individual dwelling unit shall receive a Certificate of Occupancy until its attached units (the building) has received a Certificate of Completion.
12.No remaining floodplain shall be disturbed or filled in. There shall be no encroachment of any kind (building, deck, etc) within the City’s 75 foot stream buffer.
13.Unreserved visitor parking spaces shall be provided as presently constructed; however, these shall be striped and be reflective of a minimum 9 foot wide by 20 feet in depth parking space which is a minimum of 180 square feet in area.
14.A mandatory Homeowner’s Association shall be required for the ownership and maintenance of all common elements.
15.Homeowner’s Association shall erect a sign at the project entrance indicating Private Streets” until such time (if any) the streets are accepted for public dedication.
16.No dwelling unit shall have its own accessory structure.
17.Each attached set of dwelling units shall be composed of the same brick and mortar combination with a unified shingle color. The remaining pad sites shall utilizeone of the brick and mortar combinations found on-site; however, no attached dwelling unit building shall be located adjacent to the same brick and mortar selection as used on its adjacent neighboring building.