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Meeting Date: 09/18/2018  
Contact: Edlyn Vatthauer
File Number: Z-1374-18  
Date Filed: 07/18/2018  
Location: Located on the east side of Westmoreland Road and approximately two hundred (200) feet south of Belt Line Road.
Size of Request: 10.4 acres  
Number of Lots: 3  
Current Zoning: PD-168
Applicant: Grant Robinson  
Owner: SECBW Partners, LLC

Consider Zoning Case Z-1374-18; an amendment to Planned Development-168 (PD-168) regarding changes to the Site Plan, Landscape Plan, Elevation and revised deviations; and adopting Ordinance. The property is located to the east of Westmoreland Road and approximately 200 feet south of Belt Line Road; consisting of three (3) lots and containing approximately ten (10) acres. Applicant: Grant Robinson; Property Owner: SECBW Partners, LLC.
The property in question was zoned from Neighborhood Services (NS) to a Planned Development with Multi-Family (MF) as the base zoning in July of 2017.  The applicant for the current case, who was not the applicant in 2017, desires to change the Site Plan, Landscape Plan and Elevation. Because the applicant is also requesting deviations, an amendment to PD-168 is requested.

The property in question is currently zoned PD-168 with a base zoning of Multi-Family.  The property to the north is zoned General Retail (GR) and Neighborhood Services (NS).  To the south is PD-67, a single family Planned Development and Single Family-8 (SF-8) zoning.  To the east is SF-8 zoning as well.  To the west is NS zoning, and PD-101, a General Retail Planned Development, located on the west side of Westmoreland Road.

As seen on the Aerial Photo, the property in question is vacant.  To the north is a convenience store, and just east of the store is an undeveloped piece of land.To the east and south are single family homes. To the west of Westmoreland Road, is a emergency clinic and another piece of undeveloped land.

The applicant is asking for the following deviations:
  1. Allow the minimum square footage of a two (2) bedroom unit to be 900 square feet, rather than the requirement of 950 square feet.
  2. Allow a double-faced cement fiber fence to be used as the required screen between Multi-Family and Single Family, rather than the required masonry wall.
  3. Be allowed to use a material on the facades, other than masonry, as provided below.
    • Building #1
                        Front - 26.2% Fiber Cement
                        Sides - 11.1% Fiber Cement
                        Rear - 19.6% Fiber Cement
    • Building #2
                         Front - 30.9% Fiber Cement
                         Right end - 18.9% Fiber Cement
                         Left End - 19.5% Fiber Cement
                         Rear - 18.9% Fiber Cement
    • Building #3
                         Front - 29.7% Fiber Cement
                         Right end - 29.7 Fiber Cement
                         Left end - 29.7% Fiber Cement
                         Rear - 28.4 Fiber Cement
    • Amenity Center
                          Front - 10.2% Fiber Cement
                          Side (southwest) 35.8% Fiber Cement
                          Side (northwest) 17.4% Fiber Cement
                           Rear - 10.2% Fiber Cement
  4. Permit sixteen (16%) percent of the required parking to be in garages and thirty-eight (38%) percent to be in covered parking, rather than the requirement of fifty (50%) percent in garages and fifty (50%) percent in covered parking.
  5. Be allowed to have "tandem parking" spaces. Tandem parking: Where one parking space is located behind another parking space. In this case there is a parking space in the garage with another parking space at the front of the garage door.  The City does not allow this as it blocks the car in the garage from getting out. 
  6. Change Section 2. (A) Purpose, state seven (7) buildings instead of four (4) and to include an amenity center, grille house and two (2) detached handicap garages.
  7. Allow fifteen (15) units of efficiencies, rather than sixteen (16).
  8. Permit all one (1) bedroom units to be a minimum of six hundred and fifty (650) square feet. The existing PD allows forty (40) of the one (1) bedroom units to be six hundred and fifty (650) square feet and forty(40) to be seven hundred and fifty (750) square feet.  The minimum for a one (1) bedroom unit required in Zoning Ordinance is eight hundred (800) square feet.
  9. Allow a side setback of ten(10) feet for a one (1) story building, rather than fifteen (15) feet.
The proposed development will have seven (7) apartment buildings being three (3) stories in height.  There will also be an amenity center and grill house.  In the middle of the development will be a pond.  There will be an access point off of Belt Line Road and two points of access off of Westmoreland Road.  The Existing Site Plan is also attached to show the differences between the Existing and Proposed Site Plans.

The Landscape Plan is attached and meets the requirements of the Zoning Ordinance.

The Elevations are attached, and as denoted above, the applicant is asking for deviations to the masonry requirements.

Staff is not opposed to this request, however staff does not support deviation numbers two (2) and five (5). Deviation number two (2) is the request to use a double-faced cement fiber fence instead of a masonry wall to provide screening between the multi-family and single family. In staff's opinion, the cement fiber fence does not compare to the accepted apperance of a masonry fence. Also, no information was provided regarding the durability of this fence. Staff cannot recommend a material that may be easily damaged and subsequently results in a code enforcement issue. 

Second, staff cannot support deviation number five (5) to allow tandem parking. The Zoning Ordinance does not allow a parking space to be blocked in by another parking space. There must be unobstructed ingress and egress to each required parking space. Furthermore, because the tandem parking does not allow unobstructed ingress and egress into the garage parking within the buildings, these garage spaces cannot be counted as part of the required spaces. If the garages spaces cannot be counted, the development is twenty nine (29) spaces short, or eight percent (8%) of the total requirement. Staff has researched the multi-family planned developments that have been approved in the last ten years; there were several developments that received deviations to the required number of parking spaces.  The smallest deviation to required parking was to allow seven percent (7%) fewer spaces than required. In lieu of this, staff can support allowing a deviation of eight percent (8%) fewer spaces than required. 
Staff notified property owners within 200 feet and published “Notice of Public Hearing” as required by law. Forty-six (46) notices were mailed to adjoining property owners, zero (0) replies were received in favor and one (1) reply was received in opposition.


RECOMMENDATION: The Planning and Zoning Commission considered this request at their August 28, 2018 meeting and recommended the motion to: Approve Zoning Case Z-1374-18; an amendment to Planned Development-168 (PD-168) regarding changes to the Site Plan, Landscape Plan, Elevation and revised deviations.

Motion by Councilmember Moore with a second by Councilmember North to approve with the following stipulation regarding the 8% decrease in the parking spaces and panel screen fence. Motion passes 5-1.  Councilmember Raphiel opposed.
Attachments for Case Z-1374-18
Ordinance with Exhibits Z-1374-18
Ordinance without Exhibits Z-1374-18


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