MEMO

To: Honorable Mayor and City Council Members

From: Courtney Smith, Planning and Zoning Director
CC: Tami Hanlin, City Manager
Date: November 3, 2021
RE: RZ-21-0002; 3281 Tucker Norcross/Spring Valley Change of Conditions

Issue:
The applicant is requesting a major modification to a large, unfinished, single-family attached development site,
to remove and amend several conditions of zoning that currently exist on the property. The subject site is
approximately 8.43 acres and was rezoned in DeKalb County, most recently in 2015, pursuant to CZ-15-19934, to
allow for a development that was never constructed. The requested amendments to existing conditions
specifically relate to allowing the proposed development to consist of 80 rental townhomes rather than fee-
simple, owner-occupied, townhomes.

Recommendation:
Staff recommends denial of RZ-21-0002.

Planning Commission recommended denial at their October 21, 2021 meeting.

Background:
In 1978, the subject property was rezoned from R-85 to OI and was developed as a tennis center (CZ-78020). In
2003, the parcel was rezoned from O-I to RM-100, pursuant to CZ-02042, to allow for the development of 100
townhomes. Additional condition changes/rezoning requests followed in 2006, 2009, 2012, and 2015 (see staff
report for more detail).

In 2020, the subject property received a Land Disturbance Permit (LDP) from the City of Tucker. Rocklyn Homes
acquired the site and began development. During the land development stage, Rocklyn submitted the current
application to amend several conditions in order to create a rental townhome product rather than a fee-simple
development.

Summary:
While this proposed type of rental development would offer a unique housing type in the city, the proposed
development and the modification requests do not meet the intent of the comprehensive plan nor does it provide
sufficient protection to the surrounding residential properties. The condition changes that have been requested
would further intensify the development and remove
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 Land Use Petition: RZ-21-0002
Date of Staff Recommendation Preparation: September 28, 2021
Planning Commission: October 21, 2021
Mayor and City Council, 1st Read: November 8, 2021
Mayor and City Council, 2nd Read: December 13, 2021

PROJECT LOCATION: 3281 Tucker Norcross Road

APPLICATION NUMBER RZ-21-0002

DISTRICT/LANDLOT(S): Land District 18, Land Lot 288

ACREAGE: 8.43 acres

EXISTING ZONING MR-1 (Medium Density Residential – 1) CZ-15-19934

EXISTING LAND USE Townhome Development Site

FUTURE LAND USE MAP
Suburban
DESIGNATION:
OVERLAY DISTRICT: N/A

APPLICANT: Dennis Webb Jr. – Smith, Gambrell & Russell, LLP

OWNER: Rocklyn Homes, Inc.

Major modification to approved conditions of zoning for CZ-15-
PROPOSED DEVELOPMENT:
19934

STAFF RECOMMENDATION: Denial of RZ-21-0002

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 RZ-21-0002
Background

In 1978, the subject property was rezoned from R-85 to OI and was developed as a tennis center (CZ-
78020). In 2003, the parcel was rezoned from O-I to RM-100, pursuant to CZ-02042, to allow for the
development of 100 townhomes. With this rezoning, 25 conditions were placed on the property
regarding required materials, minimum square footage requirements, sidewalks throughout the
development, maximums on the number of bedrooms, guest parking spaces, additional plantings and a
fence along properties to the south, and 50’ landscape strips along the boundaries common to single-
family residential zoning districts.

In 2004, the property changed hands and in 2006, the new owner, Spring Village Holdings, LLC, requested
a change in conditions to delete condition 17, which limited the number of townhome units to 100 and
prohibited more than 15% of the units be developed as three bedroom units. The change in conditions
was approved, pursuant to Z-06-1164, to delete the 15% limitation on three-bedroom units and to
reduce the total number of units to be developed from 100 to 88 units. In 2006, the infrastructure for
the townhomes had been constructed, including street, curb, and gutter.

In 2009, Spring Village Holdings, LLC, requested to rezone the property from RM-100 to RM-75 for the
development of an apartment community, consisting of 150 multi-family units, at a density of 17.80 units
per acre. The applicant hosted a community meeting in which at least 32 community members attended.
Through documentation obtained from DeKalb County, the applicant withdrew the 2009 application
after being heard by the Board of Commissioners, however the reason for and date of the withdrawal
were not included.

In 2011, a new owner, Cornerstone Bank, obtained the property. In 2012, Cornerstone Bank filed a major
modification to allow for a change in conditions to eliminate the requirement for an
acceleration/deceleration lane. The application was approved, pursuant to CZ-12-17717, with two
additional conditions which required a sidewalk along the Norcross-Tucker Road frontage and required
mitigation of stormwater run-off from the Spring Meadows subdivision to the north.

In 2015, Lifestyle Family Group, LLC was granted a major modification of approved zoning conditions,
pursuant to RZ-15-19934. With this modification, 24 conditions were amended/added to the property
including a reduction in the number of allowed units from 88 to 84, additional material standards for the
townhomes, elimination of the requirement for internal sidewalks for lots adjacent to the detention
pond, reduction in the number of required guest parking spaces, reduction in the required landscape
strips adjacent to the Arbor Cove subdivision, and the addition of “a deed restriction to establish that a
maximum of 25% of the units can be rented, including to tenants with hardships.”

The previous zoning cases have had extensive neighborhood involvement, with many conditions being
agreed upon by the North Tucker Neighborhood Alliance, the Spring Meadow Neighborhood
Association, and DeKalb County. These conditions include the one limiting 25% of the units as rentals.

In 2020, the subject property received a Land Disturbance Permit (LDP) from the City of Tucker. Rocklyn
Homes acquired the site and began development. During the land development stage, Rocklyn
submitted the current application to amend several conditions in order to create a rental townhome
product rather than a fee-simple development.

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Project Data
The applicant is requesting a major modification to a large, unfinished, single-family attached
development site, to remove and amend several conditions of zoning that currently exist on the
property. The subject site is approximately 8.43 acres and was rezoned in DeKalb County, most recently
in 2015, pursuant to CZ-15-19934, to allow for a development that was never constructed. The requested
amendments to existing conditions specifically relate to allowing the proposed development to consist
of 80 rental townhomes rather than fee-simple, owner-occupied, townhomes.

The subject property is a large, somewhat triangularly shaped parcel, located on the southeastern side
of Tucker-Norcross Road, along the northern boundary of the city of Tucker. The site is completely
graded and partially developed, consisting of a single-full access curb cut, at the northern end of the
parcel, streets, curb and gutter. Proposed access to the site would be provided via two drives, a full
access curb cut and a right-in/right-out only curb cut. A wireless telecommunications facility exists along
the southern property line, near the southwestern corner of the parcel. A stream and its buffers are
located in the northern portion of the site, adjacent to the northeastern property line.

The City of Tucker approved an administrative modification to condition 10 in December of 2019. This
condition previously required a sidewalk to be constructed along the Tucker Norcross frontage of the
subject parcel and also required that the sidewalk be extended to the south to Pleasentdale Road and
north to the Gwinnett County boundary line. The modification allowed the cost of the sidewalk
extensions (beyond the Tucker Norcross frontage) to be paid to the City of Tucker sidewalk fund in lieu
of constructing the extensions. This was approved based on the challenges presenting with installing an
off-site sidewalk.

The applicant is currently proposed to remove the words “fee-simple” from condition one and remove
conditions 14 and 24 entirely.

1. The development shall consist of 87 fee-simple townhome units.

14. The developer shall establish a mandatory homeowners’ association and shall record a declaration of
covenants, conditions, and restrictions. (CZ-02042)

24. The developer shall execute a deed restriction to establish that a maximum of 25% of the units can be
rented, including to tenants with hardships.

If approved, the townhomes will remain under single ownership and will be leased individually to
residents. Therefore, the developer is proposing to have all 80 units on one lot, similar to an apartment
development. In discussions with the owner, Rocklyn Homes would be amenable to a condition placed
on the property regarding short-term rentals and minimum lease lengths. Staff has included a condition
regarding a 6-month lease minimum, per the applicant’s statement. A growing model in Georgia, the
rental townhomes will be marketed to those with the means to own, but with the desire to rent.

The Tucker Zoning Ordinance does not define building types by ownership. A townhouse is defined as
“one of a group of three or more single-family dwelling units, attached side-by-side by a common
wall.” A multifamily dwelling unit is defined as “one or more rooms with a private bath and kitchen

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facilities comprising an independent, self-contained residential unit in a building containing four or
more dwelling units.”

CHARACTER AREA (Future Land Use)

The subject parcel is in the Suburban Character Area on the Future Land Use Map. Primary Land Uses in
the Suburban Character Area include single-family residential, townhomes, lower density multi-family
uses, and institutional uses, such as places of worship and schools. Development strategies include
preserving the character of single-family neighborhoods by preventing the encroachment of higher
density residential development and ensuring that new development does not diminish the character of
existing neighborhoods. While a greenspace is proposed central to the development, the comprehensive
plan specifically states “higher density developments should incorporate suburban aesthetic of
increased greenspace, such as cottage and courtyard developments, with large greens and an expanse
of open and natural spaces.” The proposed development does not meet the intent of the Comprehensive
Plan in terms of density, as the design considerations of the Suburban Character Area state up to 4 units
per acre may be allowed. The proposed project would have a density of approximately 9.5 units per acre,
more than double the recommended amount for this area. While the density is not increasing with this
proposal, it is important to note that the development is not consistent with the Tucker Tomorrow
Comprehensive Plan.

PUBLIC PARTICIPATION PLAN REPORT

The applicant hosted two virtual public participation meetings. Because of improper notification to the
City of the first meeting, a second public participation was required. Both meetings were held via zoom
and lasted approximately an hour on August 5, 2021 and September 9, 2021, respectively. Prior to both
meetings, the applicant mailed a letter and site plan explaining the proposed project to all property
owners within 500 feet of the subject parcel. Forty people were in attendance for the August 5th meeting
and 26 people were in attendance on September 9th.

During the meeting the project and site plan were explained to the audience, then questions were taken.
Several questions were asked regarding traffic, schools, plans for a traffic signal at the entrance,
limitations on guest occupancy, lease terms, onsite management, parking for residents and visitors, the
leasing model (as opposed to a for-sale product), and screening for the residents in the neighboring
homes. Other concerns related to sidewalks, the size of the units, amenities, and rental increases were
also discussed. It does not appear that any changes were made to the site plan as a result of the Public
Participation Meeting, although the request is only to change the conditions of approval, not the site
plan

NEARBY/SURROUNDING LAND ANALYSIS

Adjacent & Surrounding Zoning
Existing Land Use
Properties (Petition Number)
Adjacent: North OI (Office-Institution) Residential structure

Adjacent: East Unincorporated Gwinnett County Single-family detached homes

C-1 (Local Commercial) and MR-1 Commercial shopping center and Arbor
Adjacent: South
(Medium Density Residential -1) Cove Subdivision
Adjacent: West Unincorporated DeKalb County Condominiums

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Zoning and Aerial Exhibits showing surrounding land uses.

Major Modification/Rezoning (RZ-21-0002)

The process and regulations for modifications and changes to approved conditions of zoning are outlined
in Sec. 46-1565 of the City of Tucker Zoning Ordinance. This section falls under Division 3: Zoning and
Comprehensive Plan Amendments and Procedures. Minor changes can be handled administratively, but
major changes such as changes to conditions of approval require the full public hearing process and
review. Criteria (standards and factors) for rezoning decisions are provided in Section 46-1560 of the City
of Tucker Zoning Ordinance. The applicant is required to address these criteria (see application); below
are staff’s findings which are independent of the applicant’s responses to these criteria.

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

The proposed development does not meet the policy and intent of the Tucker Tomorrow
comprehensive plan. The subject property is located within the Suburban Character Area. The plan
specifically states, “along major corridors, in areas of existing commercial development or with the
redevelopment of existing multi-family developments, up to 6 units per acre may be allowed.” While
townhomes are consistent with the Suburban Character Area, the proposed density, at
approximately 9.5 units per acre, is too great for this area.

Although the property was most recently rezoned in 2015, prior to the incorporation of Tucker, with
an allowable density of over 9 units per acre, conditions were placed on the property ensuring that
surrounding property owners were protected. Altering conditions that intensify the development
would not appropriate in the Suburban Character Area.

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2. Whether the zoning proposal will permit a use that is suitable in view of the use and development
of adjacent and nearby property or properties.

Amending and eliminating several conditions of zoning to allow for the development of an 80-unit
rental townhome community that is under common ownership will permit a use that is not suitable
in the view of the use and development of adjacent and nearby properties at the present time. The
surrounding properties include neighborhood commercial uses to the south and are surrounded by
single-family detached homes to the north, east, and part of the south. While townhomes do serve
as an appropriate use transition from commercial to residential, incorporating a rental component
more typically seen with multifamily would not be appropriate abutting single-family residential.

In 2003, a condition of zoning was placed on the property requiring “a 50-foot landscape strip to
be placed along the boundaries common to single-family attached residential zoning districts to
provide for infill plantings and additional landscaping”. In 2015, the condition was revised to read
“a 30-foot landscape strip be provided along the southeastern boundary common to the Arbor Cove
subdivision, and a 20-foot landscape strip shall be provided along the southern boundary common
to the Arbor Cove subdivision.” The protection to adjacent single-family residences has already
diminished during previous modifications. Increasing the intensity of the development while
maintaining smaller buffers would not be suitable and could adversely impact adjacent residential
properties.

3. Whether the property to be affected by the zoning proposal has a reasonable economic use as
currently zoned.

The subject property does have a reasonable economic use as currently zoned. The existing parcel
is conditionally zoned to allow for fee simple, single-family attached homes. The developer
purchased and began developing the site under the existing conditions.

4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or
nearby property or properties.

The zoning proposal may adversely affect the existing use or usability of nearby properties as it
intensifies a legal non-conforming development with limited buffers to protect neighboring
properties.

5. Whether there are other existing or changing conditions affecting the use and development of the
property which give supporting grounds for either approval or disapproval of the zoning proposal.

There are no known existing or changing conditions that affect the use and development of the
parcels that are a part of this rezoning application. The developer closed on this property on
December 14, 2020 and began developing the site under the 2015 zoning conditions.

Staff will note that there have been some delays in developing this site over the years. One big issue
has been access to sewer. This portion of Tucker is currently served by Gwinnett Water Resources
(DWR). However, Gwinnett County has demanded DeKalb Watershed find a way to divert all sewer
back to DeKalb County treatment facilities. The developer previously had a written agreement with

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Gwinnett, but the agreement was never signed so Gwinnett refused to honor it. The applicant is
having to construct a pump station on site to address these issues. Staff does not consider these
conditions to affect the condition changes that are a part of this application.

6. Whether the zoning proposal will adversely affect historic buildings, site, districts, or
archaeological resources.

There are no known historic buildings, sites, districts or archaeological resources on the subject
properties.

7. 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, or schools.

When fully constructed, this development would be expected to generate 19 students: 6 at Livsey
Elementary, 2 at Tucker Middle School, 6 at Tucker High School, 2 at other DCSD schools, and 2 at
private schools. Although enrollment at Tucker HS, Tucker MS, and Livsey Elementary are already
over capacity, the development is expected to have minimal impact.

A previous zoning condition required a minimum of a one-car garage. The City of Tucker code
requires a two-car garage to provide ample parking. Providing one car garages could be burdensome
on the streets within this development.

8. Whether the zoning proposal adversely impacts the environment or surrounding natural
resources.

The proposed zoning modification request will not impact the physical site. However, it is important
to note that there is a stream and associated buffers on the site.

CONCLUSION
While this type of rental development would offer a unique housing type in the city, the proposed
development and the modification requests do not meet the intent of the comprehensive plan nor does
it provide sufficient protection to the surrounding residential properties. The condition changes that
have been requested would further intensify the development and remove conditions that were
fundamental in previous approvals.

Therefore, Staff recommends DENIAL of the requested rezoning.

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Staff Recommendation

Based upon the findings and conclusions herein, Staff recommends DENIAL of Land Use Petition RZ-21-
0002.

Should the governing bodies choose to approve the major modification/rezoning request, Staff
recommends the request be approved subject to the following conditions, with amendments that no
longer are relevant to the development (changes in italics):

1. The development shall consist of 80 rental townhouse units.

2. The development shall substantially comply with the site plan received by the City of Tucker
Community Development Department on September 15, 2021.
3. Where sidewalks cross driveways, pedestrian crossing strips shall be demarcated with striping, a
contrasting textureor color, or a contrasting material.
4. An entrance door shall be provided for each of the units located in the nine-unit building next to
Tucker-Norcross Road. A walkway shall connect each door to the sidewalk along Tucker-
Norcross Road. At least 60% of each façade that faces Tucker-Norcross Road shall consist of
window and door openings.
5. At least 30% of the side walls of the units with their sides to Tucker-Norcross Road shall consist of
window or dooropenings.
6. A 30-foot landscape strip shall be provided along the southeastern boundary common to the Arbor
Cove subdivision, and a 20-foot landscape strip shall be provided along the southern boundary
common to the Arbor Cove subdivision. No structure or patio shall encroach into the required
landscape strips.
7. Sidewalks shall be installed along public streets within the development, except in front of the
lots that abut the detention structure located in the center of the development.
8. There shall be a minimum of 22 visitor parking spaces in addition to the spaces required for the
townhouse units.
9. No acceleration and deceleration lane shall be required, in accordance with the letter dated April
4, 2012 from David W. Pelton to Michele L. Battle re: Spring Meadow Village Development on
Tucker Norcross Road.
10. A sidewalk shall be constructed along the Tucker-Norcross Road frontage of the subject
property and shall be extended to connect with the curb ramp at the Pleasantdale Road
signal and with the existing sidewalk at the Gwinnet County line. The cost of the sidewalk
extensions (beyond the Tucker Norcross frontage) can be paid to the City of Tucker sidewalk
fund in lieu of constructing the extensions.
11. The storm water drainage system shall be modified to prevent stormwater runoff from the
subject property fromflowing to the northwest side of Tucker-Norcross Road, as follows:
a. Stormwater catch basins located on the southeast side of Tucker-Norcross Road, which abut
the subject property, shall be connected to appropriately-sized and engineered stormwater
drainage and detention pond facilities located on the Subject Property, in substantial
accordance with the Grading and Drainage Plan for Spring Meadow Village dated June 12, 2012,

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prepared by Southeast Engineering, Inc., dated and submitted to the Board of Commissioners
on June 26, 2013, subject to any amendments and modifications required bythe Dekalb County
Land Development Department, and in accordance with all Dekalb County and Georgia
regulations.
b. Stormwater modification requirements shall be attached to the subject property in perpetuity.
c. Pursuant to Section 14-40(b)(16)(G), the County shall assume maintenance responsibility for
the detention pond one (1) year after the release of the performance bond for subdivision
streets.
d. The modifications to the stormwater drainage facilities must be completed prior to the
issuance of any buildingpermits for the subject property.
12. Exterior walls shall be finished in brick, stacked stone, hardi-plank siding, or a combination of
same. No stucco orvinyl siding shall be used. The buildings that front Tucker-Norcross Road shall
have the same exterior materials onall four sides and shall have rear garages.
13. The average size of the townhouse units, calculated as an average of all the units in the
development, shall be a minimum of 1,400 square feet.
14. Each unit shall have a garage with space for a minimum of one passenger vehicle.
15. The entrance sign(s) shall be constructed of brick or stacked stone and shall comply with the Sign
Ordinance.
16. Lights that illuminate all signs in the development shall be designed to eliminate glare.
17. Utilities shall be underground.
18. The southernmost access point on Norcross-Tucker Road shall be right-in, right-out only, subject
to approval by the Department of Transportation.
19. There shall be no access to the proposed development from Skylar Place or Skylar Way.
20. In order to avoid confusion with the single-family subdivision across the street from the Subject
Property, the words“Spring Meadow” will not be used in the name of the subdivision.
21. The minimum lease tern shall not be shorter than 6 months.
22. An on-site leasing office with property maintenance staff shall be provided to serve as a contact
point for residents and local authorities.

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PLANNING COMMISSION RECOMMENDATION

Based upon the findings and conclusions herein, at its October 21, 2021 public hearing, the Planning
Commission recommends DENIAL of RZ-21-0002.

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Department Comments

DEKALB COUNTY DEPARTMENT OF WATERSHED MANAGEMENT

Applicant has addressed sewer capacity.

DEKALB COUNTY FIRE MARSHAL OFFICE

 If building height is greater than 30 ft, the access road shall be 26 feet wide.
 Fire Lane signs shall be posted along fire apparatus access roads that are 20 to 26 feet wide.

DEKALB COUNTY SCHOOL SYSTEM

When fully constructed, this development would be expected to generate 19 students: 6 at Livsey
Elementary, 2 at Tucker Middle School, 6 at Tucker High School, 2 at other DCSD schools, and 2 at
private schools. Although enrollment at Tucker HS, Tucker MS, and Livsey Elementary are already over
capacity, the development is expected to have minimal impact.

CITY ENGINEER
No comments.

LAND DEVELOPMENT
No comments.

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 Rocklyn Homes, Inc.
(RZ-21-0002)

FIRST SUPPLEMENT TO NOTICE OF CONSTITUTIONAL

CHALLENGE AND PRESERVATION OF CONSTITUTIONAL RIGHTS

COMES NOW, Rocklyn Homes, Inc., and hereby supplements its Notice of

Constitutional Challenge and Preservation of Constitutional Rights by adding the

following additional objection:

The practical effect of a denial or conditioning of the Applicant’s application

will be to drive up the cost of housing and/or limit the types of housing which will

have the effect of discriminating on the basis of race, age and familial status in

violation of the Fair Housing Act of the United States and of Georgia and the rules

and regulations of the Housing and Urban Development Department.

RECEIVED
CITY OF TUCKER

10/19/2021

PLANNING & ZONING

DEPARTMENT

SGR/26235119.1
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STATE OF GEORGIA
CITY OF TUCKER ORDINANCE O2021-11-23

AN ORDINANCE FOR A MAJOR MODIFICATION (RZ-21-0002) TO ALLOW FOR

CHANGES IN APPROVED CONDITIONS OF CZ-15-19934 IN LAND LOT 288 OF THE
18TH DISTRICT.

WHEREAS: Notice to the public regarding said special land use permit have been
duly published in The Champion, the Official News Organ of Tucker;
and

WHEREAS: A Public Hearing was held by the Mayor and City Council of Tucker on
November 8, 2021 and December 13, 2021;

WHEREAS: The Mayor and City Council is the governing authority for the City of
Tucker;

WHEREAS: The Mayor and City Council has reviewed the major
modification/rezoning request based on the criteria found in Section 46-
1560 of the Zoning Ordinance of the City of Tucker;

NOW THEREFORE, the Mayor and City Council of the City of Tucker while in Regular Session
on December 13, 2021 hereby ordains and approves Rezoning RZ-21-0002 to allow for the
following changes in conditions:

1. The development shall consist of 80 rental townhouse units.

2. The development shall substantially comply with the site plan received by the City of
Tucker Community Development Department on September 15, 2021.
3. Where sidewalks cross driveways, pedestrian crossing strips shall be demarcated with
striping, a contrasting textureor color, or a contrasting material.
4. An entrance door shall be provided for each of the units located in the nine-unit building
next to Tucker-Norcross Road. A walkway shall connect each door to the sidewalk along
Tucker-Norcross Road. At least 60% of each façade that faces Tucker-Norcross Road shall
consist of window and door openings.
5. At least 30% of the side walls of the units with their sides to Tucker-Norcross Road shall
consist of window or dooropenings.
6. A 30-foot landscape strip shall be provided along the southeastern boundary common to the
Arbor Cove subdivision, and a 20-foot landscape strip shall be provided along the southern
boundary common to the Arbor Cove subdivision. No structure or patio shall encroach into
the required landscape strips.
7. Sidewalks shall be installed along public streets within the development, except in front
of the lots that abut the detention structure located in the center of the development.

Page 1 of 3

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8. There shall be a minimum of 22 visitor parking spaces in addition to the spaces required
for the townhouse units.
9. No acceleration and deceleration lane shall be required, in accordance with the letter dated
April 4, 2012 from David W. Pelton to Michele L. Battle re: Spring Meadow Village
Development on Tucker Norcross Road.
10. A sidewalk shall be constructed along the Tucker-Norcross Road frontage of the
subject property and shall be extended to connect with the curb ramp at the
Pleasantdale Road signal and with the existing sidewalk at the Gwinnet County line.
The cost of the sidewalk extensions (beyond the Tucker Norcross frontage) can be
paid to the City of Tucker sidewalk fund in lieu of constructing the extensions.
11. The storm water drainage system shall be modified to prevent stormwater runoff from
the subject property from flowing to the northwest side of Tucker-Norcross Road, as
follows:
a. Stormwater catch basins located on the southeast side of Tucker-Norcross Road, which
abut the subject property, shall be connected to appropriately-sized and engineered
stormwater drainage and detention pond facilities located on the Subject Property, in
substantial accordance with the Grading and Drainage Plan for Spring Meadow Village
dated June 12, 2012, prepared by Southeast Engineering, Inc., dated and submitted to the
Board of Commissioners on June 26, 2013, subject to any amendments and modifications
required bythe Dekalb County Land Development Department, and in accordance with
all Dekalb County and Georgia regulations.
b. Stormwater modification requirements shall be attached to the subject property in
perpetuity.
c. Pursuant to Section 14-40(b)(16)(G), the County shall assume maintenance
responsibility for the detention pond one (1) year after the release of the performance
bond for subdivision streets.
d. The modifications to the stormwater drainage facilities must be completed prior to the
issuance of any buildingpermits for the subject property.
12. Exterior walls shall be finished in brick, stacked stone, hardi-plank siding, or a combination
of same. No stucco or vinyl siding shall be used. The buildings that front Tucker-Norcross
Road shall have the same exterior materials on all four sides and shall have rear garages.
13. The average size of the townhouse units, calculated as an average of all the units in the
development, shall be a minimum of 1,400 square feet.
14. Each unit shall have a garage with space for a minimum of one passenger vehicle.
15. The entrance sign(s) shall be constructed of brick or stacked stone and shall comply with
the Sign Ordinance.
16. Lights that illuminate all signs in the development shall be designed to eliminate glare.
17. Utilities shall be underground.
18. The southernmost access point on Norcross-Tucker Road shall be right-in, right-out only,
subject to approval by the Department of Transportation.

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 19. There shall be no access to the proposed development from Skylar Place or Skylar Way.
20. In order to avoid confusion with the single-family subdivision across the street from the
Subject Property, the words “Spring Meadow” will not be used in the name of the
subdivision.
21. The minimum lease term shall not be shorter than 6 months.
22. An on-site leasing office with property maintenance staff shall be provided to serve as a
contact point for residents and local authorities.

SO EFFECTIVE this 13th day of December 2021.

Approved by:

________________________
Frank Auman, Mayor

Attest:

________________________
Bonnie Warne, City Clerk SEAL

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