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06202005 June 20, 2005 Attachments June 29, 200~ .y~ A. MAX BACON, MAYOR b4~~~- BILL SCOGGIN RD 3 t?~ ~~ CHARLES PETE WOOD, WARD 7 10 ~ ~-UoA1M1J Q Y6~ SUSA D. HIOTT, CITY CLERK - ~.,~ RON NEWCOMB, WARD 2 YYl~ m~ Ji- MICHAEL McNABB, WA'r:J:.4 uJ&~ WADE S. LNENICKA, WARD 6 - -, . June 20, 2005 ",.... :BROCK . CLAY Exhibit "A" BROCK,CLAY & CALHOUN, P.c. 49 Atlanta Street Marietta Georgia 30060 Telephone: 770.422.1776 Facsimile: 770.426.6155 www.brockclay~com Attornegs at Law Richard W. Calhoun E-mail: rcalhourutllbrockclaV.com Direct Dial: 678.784.3502 June 20, 2005 Mayor Max Bacon City of Smyrna 2800 King Street Smyrna, GA 30080 RE: Variance Application No. V05021 Pine Ridge Development Group, LLC ("Owner") 4000 Lee Road (7.542 acres) Dear Mayor Bacon and Council Members: ",... Please accept this as the owner's proposed conditions to the grant of the above-referenced variances. This letter is the product of a meeting and agreement reached June 18, 2005 between the Owner and various residents and members of the Old Vinings Mill (OYM) Homeowners Association, (HOA) including the von Kleydorns, whose home is closest to the proposed development. This letter supersedes the Owner's June 16, 2005 letter of proposed conditions. To the extent that the requested variances are in conflict with this letter, the conditions set forth in this letter shall control. All references herein are to the 5-18-05 site plan 1 for Vinings Heritage Manor by Paul Lee Engineering & Consulting, and to the recorded subdivision plat for Old Vinings Mill recorded @ P.B. 162 p. 49. 1. Minimum house size: 2,400 square feet 2. Minimum two-car garages, with some homes having three-car garages. 3. Traditional architecture on all homes, with minimum three sides being a mixture of brick, stone, or stucco. Homes adjacent to Old Vinings Mill Subdivision shall have hard exteriors on all sides. 4. Mandatory homeowners association with strict architectural controls. Sadler Drive shall be a private road and shall be maintained by said homeowners association. ,... 5. Sodded front, side and rear yards. IPlease note that the listing of"E}.1:erior fl'rent Setbacks" for lots 10-19 contains an error, and should be described at 25' to 10' as is shown on said plan. r ~ Mayor Max Bacon June 20,2005 Page 3 6. Underground utilities. 7. Landscaped and irrigated features throughout the development and at its entrance on Pine Ridge Road. 8. Subdivision entrance signage on Pine Ridge Road shall be ground-based, monument style, irrigated, and consistent with provisions of the City's Sign Ordinance. 9. On lot 13 of the proposed development a 20 foot rear building set back adjacent to OVM shall be observed. 10. On proposed lot 14 adjoining the von Kleydorff property (lot 22 OYM) a 30 rear foot building set back line shall be observed, and the Owner shall provide to the von Kleydorffs $7,000 to be expended toward planting of additional vegetative screening material on thevon Kleydorff property. ,.. 11. The Owner will convey to the OYM HOA by Quit Claim Deed all right title and interest which it may have to the area comprising the foundation of the old mill building as shown on the owner's proposed subdivision site plan. 12. Along the western boundary of the subject property (from the northeast corner of the von Kleydorff property to the northwest corner of the subject property, the Owner will plant a single row of 10 foot Leland Cypress or Cryptomeria. In areas adjacent to existing Leland Cypress on the OYM HOA property, these plantings shall be staggered to fill in between the OVM HOA trees. Said plantings shall be maintained by the new homeowner's association which will be established by the Owner for the proposed new subdivision. 13. A 30 foot rear building set back line shall be observed on proposed lots 15 and 16. In the event that any portion of proposed lot 17 adjoins the pool or pool patio area of the OYM HOA, a 30 foot rear set back shall also be observed for lot 17. On any oflots 15, 16, or 17 for which a 30 foot rear set back line is observed, a corresponding front set back line of5 feet shall also be observed. 14. On lot 18 (and on lot 17 ifno portion oflot 17 adjoins the OVMHOA pool or pool patio) a 20 foot rear building set back line shall be observed. 15. The owner of the subject property shall remove from its property the old chain Iink/barbed wire fence along the OVM subdivision boundary, and shall replace same with a 6 foot wooden fence parallel to the OVM subdivision fence, leaving sufficient room between said fences for maintenance. Care will be used to avoid damaging any large trees in the area where the new fence is to be installed. ,... ,... Mayor Max Bacon June 20, 2005 Page 3 We are pleased that we were able to reach an acceptable compromise with respect to the requested rear building line set back variances adjacent to the Old Vinings Mill Subdivision, and respectfully request that Pine Ridge Development Group, LLC' s requested variances, as modified by this letter, be granted. Yours truly, BROCK, CLAY & CALHOUN, P.C. Richard W. Calhoun For the Firm R WC :jkc ,... cc: Mark Fagiola Brian Sadler Michael Finn Chris Miller, Community Development Director Scott Cochran, Esq. Old Vinings Mill HOA Andrew von KIeydorff f:'h0me\clientslFine Ridge Deve,r0pment P1NRD-05243\Max Bamn Itr. 6.20-05.wpd.wpd ,... June 20, 2005 -- Variance Request V05-02 I - Reduction of Setback Requirements - 4000 Lee Road - Pine Ridge Development Group Exhibit "BOO . Lots 1-2 and 13: Request to reduce the exterior front setback from 25' to 20'. . Lots 1-28: Request to reduce the side interior setback from 7.5' to 5'. . Lots 1,3,12, 13, and 28: Request to reduce the exterior side setback from 25' to 20'. . Lots 2-3 and 10-14: Request to reduce the rear interior setback from 30' to 15'. . Lots 1 and 19: Request to reduce the rear exterior setback from 40' to 20'. . Lot 14: Request to reduce the rear yard exterior setback from 40' to 30' . Lots IS - 17: Reduce the rear yard setback from 40' to 30' adjacent to the Old Vinings Mill pool area. . Lots 17 - 18: Reduce the rear yard setback from 40' to 20' adjacent to the Old Vinings Mill tennis court area. The following stipulations shall be added as well: 1. A row of 10 foot tall Leyland Cypress, Cryptomeria or other screening material approved by the Community Development Director will be planted along the common rear lot line from the northeast corner of Lot 22 - Old Vinings Mill and Lot 14 - Vinings Heritage Manor to the northern property boundary of the Vinings Heritage Manor. The new Vinings Heritage Manor HOA will be required to maintain this buffer landscaping. Where existing Leyland Cypress trees are present on the Old Vinings Mill side, new ones will be staggered to fill-in between the Old Vinings Mill trees. The developer reserves the right to plant additional landscape materials on their side of the boundary line, at their discretion. .... 2. The developer shall take down the old chain link / barbed wire fence along the Old Vinings Mill boundary and install a 6' tall wood fence parallel to the Old Vinings Mill fence, leaving room between them for periodic maintenance. Care will be taken to avoid damaging any large trees that should are preserved during construction. 3. The developer shall Quit Claim any interest in the property located in the Old Vinings Mill recreation area (where the water wheel and old metal building were located before they burned-down). Because ownership of this property is uncertain, the developer shall give-up any interest or ownership they might have in the property. 4. Each driveway shall have a minimum length of 20' from the back of curb to the garage door. 5. All stipulations from July 28, 2004 letter (from Garvis Sams to Cobb County) and June 20,2005 letter from Richard Calhoun (see file) shall remain in effect. .....