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MEMORANDUM

MEETING OF: August/07/2013

DISTRICT/COMMITTEE:Planning Commission

SUBMITTING DEPARTMENT: Community

Development

ISSUE/AGENDA ITEM TITLE:

Rz13-07: Residential South Partners, LLC, Seeks the Following: Rezoning of 2.92 Acres

Located at 1440 and 1448 Harts Mill Road, Atlanta GA 30319, from R-A5c to R-A5c (A Change

to Previously Approved Conditions) to Allow for the Construction of Twelve (12) Single Family

Detached Homes.

BACKGROUND/SUMMARY:

Location Map

BACKGROUND

The subject site is currently two adjacent lots, owned in common, totaling 2.92 acres. The lots

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are located at the north side of Harts Mill Road, at its intersection with Bubbling Creek Road. On

the far north side of the larger of the two lots is a two-story single family home with an accessory

one-story detached garage to its east. The home and garage take access from Harts Mill Road by

a driveway east of Bubbling Creek Road. The lots are fully wooded, generally increasing in

elevation towards the north, but with a pronounced low area on the southwest, essentially

comprising the entirety of the smaller of the two lots.

These lots were rezoned in 2002 by the current owner/occupant to R-A5c (Single Family

Residential, Conditional). That zoning was undertaken so that the properties could be subdivided

from two lots into ten lots, including the existing home which was to remain as a part of that

original zoning approval. The potential development density of the current zoning is 3.42

dwelling units per acre. The current proposal is to amend that earlier site plan with a new site

plan that creates 12 lots, including the demolition of the existing home and garage. The net

addition to the plan will be two additional home sites, for a revised dwelling unit density of 4.11

dwelling units per acre. The site is surrounded by single-family detached homes immediately

adjacent, zoned R-A5 (Single Family Residential District) to the west, north and east, and R-75

(Single Family Residential District) to the south (across Harts Mill Road).

SITE PLAN ANALYSIS

The submitted site plan indicates the demolition of the existing home and accessory detached

garage, to allow for the construction of 12 new single family detached homes. All of the

proposed new homes will face and take access from a new interior street, proposed to meet Harts

Mill Road at its intersection with Bubbling Creek Road. All of the new lots conform to the terms

of the zoning ordinance for lot area, lot width and setbacks.

ADJACENT LANDS ANALYSIS

Direction Zoning Current Land Use Current Density Future Land Use

North R-A5 Single family

residential, attached

2.1 DU/Acre Suburban

East R-A5 Single family

residential, detached

4.3 DU/Acre Suburban

South R-75 Single family

residential, detached

and attached

2.1 DU/Acre Suburban

West R-A5 Single family

residential, attached

2.1 DU/Acre Suburban

REVIEW STANDARDS AND FACTORS

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1. Whether the zoning proposal is in conformity with the policy and intent of the

Comprehensive Plan. This property is listed on the future land use map in DeKalb County’s

Comprehensive Plan 2005-2025 as ‘Suburban Character’. The Comprehensive Plan describes

the Suburban Character Area as an area where typical types of suburban residential

subdivision development have occurred and where pressures for the typical types of suburban

residential subdivision development are greatest. The Plan indicates that the intent of the

Suburban Character Area is to recognize those areas of the county that have developed in

traditional suburban land use patterns while encouraging new development to have increased

connectivity and accessibility. The proposed density for areas of this type is up to 8 dwelling

units per acre as described in the Plan policy. Of note, the property is also located in close

proximity to -but not within- a character area described as ‘Conservation/Greenspace’, due to

the presence of a stream to the north of the property. This character area is summarized in the

Comprehensive Plan as “Primarily undeveloped and environmentally sensitive lands not

suitable for development and areas of protected open space that follow linear features for

recreation, and conservation. It also includes lands used for active recreational purposes that

provide a wide range of activities.”

2. Whether the zoning proposal will permit a use that is suitable in view of the use and

development of adjacent and nearby properties? This proposal for a one-family detached

residential use planned for this development site is entirely consistent with the policy intent

of the Plan, as the Plan forecasts residential uses in this character area of the city, making

accommodations for homes to be built at a maximum density of eight units per acre.

3. Whether the property to be affected by the zoning proposal has a reasonable economic

use as currently zoned? Both the Comprehensive Plan and Zoning Ordinance make

provisions that allow for greater development density of the subject properties. The current

approved development density allows for economic use; however, the proposed density of

4.11 units per acre is more in line with suburban development density in this area of the city

and is a more reasonable economic use for the subject property.

4. Whether the zoning proposal will adversely affect the existing use or usability of

adjacent or nearby property? The proposal is to build single family detached infill

housing, which is exactly the same land use pattern that abuts the project to the east, at a

comparable development density. It appears the proposed development will not adversely

affect the area.

5. Whether there are other existing or changing conditions affecting the use and

development of the property which gives supporting grounds for either approval or

disapproval of the zoning proposal? As noted in item #4 above, the existing land use

pattern to the east provides additional supporting grounds for approving the zoning proposal.

6. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or

archaeological resources? There are no such known historic buildings, sites, districts or

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archaeological resources identified, or known by staff, to be on or near this property.

7. 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? Harts

Mill Road carries east-west traffic through this part of the city, between Ashford-Dunwoody

and Road and Chamblee-Dunwoody Road. The applicant has proposed the addition of a

deceleration lane from westbound Harts Mill Road into the project, but the Public Works

Director has noted that with only the addition of 12 new homes, that improvement is not

required. Instead, staff would require that the applicant add new paving in front of the entire

road frontage, so that a new left turn lane from westbound Harts Mill onto southbound

Bubbling Creek could be constructed at some point in the future, thereby reducing a potential

point of conflict along this section of Harts Mill Road. Further, Pubic Works will require

additional right-of-way dedication so that a minimum distance of 12.5 feet from the back of

curb of any additional pavement, and that the sidewalk along Harts Mill be built five feet

wide with a two-foot beauty strip, per the current code.

The City Engineer’s office has no objections to the plan as submitted.

Brookhaven Police staff commented that this project should have no impact on current police

services and would not require any additional personnel. Staff also agree with the

requirement to plan for a future turn lane on Harts Mill at Bubbling Creek to address

concerns with traffic nearing that intersection with its proximity to Ashford Dunwoody Road.

The City of Brookhaven has indicated no concerns in the ability to provide services as a

result of the requested rezoning.

FISCAL IMPACT: (Budgeted – over or under) FINANCIAL IMPACT:

NONE

STAFF RECOMMENDATION:

Community Development Department Recommendation

Approval (Subject to Recommended Conditions) _____X______

Denial _____________

Should this application be approved, staff recommends the following conditions:

RECOMMENDED CONDITIONS

1. The site shall be developed in substantial accordance with the site plan entitled “Zoning

Plan for 1440 and 1448 Harts Mill Road” by Crescent View Engineering, LLC, received

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June 05, 2013. Any future variances required, if authorized by the Zoning Board of

Appeals, may result in altering the site plan to the degree necessary to incorporate

revisions.

2. Developer/Owner shall install pavement along the Harts Mill Road frontage to

accommodate the future construction of a left turn lane from westbound Harts Mill Road

onto southbound Bubbling Creek Road.

3. The owner/developer shall re-construct the sidewalk on Harts Mill Road along the

development frontage, with five (5) feet of pavement width and a two (2) foot beauty

strip between the curb and sidewalk. The required improvement shall be installed prior

to the issuance of the first Certificate of Occupancy.

4. Developer/owner shall dedicate sufficient right-of-way to maintain twelve and one-half

(12 ½) feet of right-of-way behind the back-of-curb along the total property frontage

adjacent Harts Mill Road. This right-of-way shall be submitted to the City of Brookhaven

prior to the issuance of a development permit.

ATTACHMENTS:

ATTACHMENTS:

harts mill (PDF)

Harts Mill Site Plan 6-3-13 (1) (PDF)

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