THE CITY OF STONECREST GEORGIA REZONING APPLICATION ANALYSIS Prepared By: Ellis Still, Deputy Director Petition Number: RZ25-001 Applicant: Robert F. Bullard 1235 Prospect Road Lawrenceville, GA 30043 bipbohby@belsouth.net Owner(s): Boris Besay Allison Besay Michele Besay 2474 Kings Arms Dr., Atlanta, GA 30345 besayb2@yahoo.com Project Location: 1455 Rogers Lake Road, Stonecrest, GA 30058 (Parcel ID # 16 131 03 012) District: 1- Councilman Tara Graves Acreage: 14.79 acres Existing Zoning: R-100 District (Residential Med Lot) Future. Land Use: Suburban (SUB) Overlay District: N/A Proposed Development/Request: The applicant is seeking a rezoning and map amendment of 14.79 acres from R-100 (Residential Med Lot) district to RSM (Small Lot Residential Mix) district to construct 75 townhomes. CPIM: March 13, 2025 Planning Commission (PC): April 1, 2025 Mayor & City Council: April 24, 2025 Sign Posted/ Legal Ad(s) submitted: March 18, 2025 Staff Recommendation(): DENIAL PC Recommendation: TBD RZ25 001 1455 Rogers Lake Road 1 I Page THE CITY OF STONECREST GEORGIA PROJECT OVERVIEW Location The subject properties are located at 1455 Rogers Lake Road with a parcel identification of 16 131 03 012. The subject property is currently vacant and was partially cleared in 2021 in accordance with permit number LD21- 004. The property abuts R-100 (Residential Med Lot) District to the west, south and east. The abutting property to the - P Pictag - 0 / north is R-100 (Residential Med Lot) C * c and RSM (Small Lot Residential) Ragencsuighr gecmigtr saynbuiyn districts. o MrgHune SESTTNS 0 o atA CRMIEE Background OMSa The City of Stonecrest Zoning Map has the properties zoned R-100 (Residential Med Lot) District. The properties are partially wooded and vacant. There are no wetlands or floodplain areas on the property. The snday o applicant is requesting to rezone Tax cGdiye Parcels 16 131 03 012 (1455 Rogers Lake Road) from R-100 (Residential Med Lot) to RSM (Small Lot Residential). RZ 25 001 1455 Rogers Lake Road 2 I Page THE CITY OF STONECREST GEORGIA LOCATION MAP DN E P 6 01 9 I TD E sjaf I - TIII - - E 9 DI BDPUUAT - - 9 a AoyersLakeRd: E L J = 3 - AEM ABUOISIWE 2 a A E * & & RZ 25 001 1455 Rogers Lake Road 3 Page THE CITY OF STONECREST GEORGI A RZ25-00001 ADDRESS: 1455 Roger's Lake Road CURRENT: ZONING: R-100 (Residential Med Lot) District OVERLAY: DISTRICT: N/A FUTURE, LAND USE: Suburban SUBJECT PROPERTY: 6 5 8 5 S S 2 e - - a GNALEE uA RZ 25 001 1455 Rogers Lake Road 4 I P age THE CITY OF STONECREST 3 3 Google RZ 25 001 1455 Rogers Lake Road 5/Page THE CITY OF STONECREST GEORGIA Adjacent and Surrounding Properties Zoning Land Use (Petition Number) R-100 (Residential Med Lot) Vacant Land Applicant District R-100 Adjacent: North (Residentiall MedLot) Single-Family Homes District & RSM (Small Lot Residential) R-100 (Residential Med Adjacent: West Single-Family Homes Lot) & RSM (Small Lot Residential) R-100 Adjacent: East (DeKalb County) Single-Family Homes (DeKalb County) Adjacent: South R-100 (Residential Med Single-Family Homes on Large Lot)District Lots DIVISION 5. R-100 (RESIDENTIAL MEDIUM LOT-100) DISTRICT Sec. 2.5.1. Statement of purpose and intent. The purpose and intent oft the City Council in establishing the R-100 (Residential Medium Lot-100) District is as follows: A. To provide for the protection of neighborhoods within the city where lots have a minimum area of 15,000 square feet; B. To provide for compatible infill development in neighborhoods; C. To provide "For Sale", Single family detached residential subdivisions and For Sale Communities; D. To provide flexibility in design on the interior of new development while protecting surrounding development; E. To ensure that the uses and structures authorized in the R-100 (Residential Medium Lot-100) District are those uses and structures designed to serve the housing, recreational, educational, religious, and social needs of the neighborhood; RZ 25 001 1455 Rogers Lake Road 6 - Page THE CITY OF STONECREST F. To provide for appropriately sized acéessibload GsehbRe open space in new developments for health, recreational and social opportunities for city residents; and G. To implement the future development map ofthe city's comprehensive plan. (Ord. of 8-2-2017, $ 1(2.5.1); Ord. No. 2022-10-03, $ 2(Exh. A), 10-24-2022) Sec. 2.5.2. Permitted and special land uses. Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 ofthis chapter, such regulations shall also apply. A. Permitted Uses. The following uses are permitted as of right under this Code: 1. Agricultural Activities. a. Keeping ofl livestock; see section 4.2. b. Keeping of poultry/pigeons; see section 4.2. C. Riding academies or stables; see section 4.2. d. Urban Community Garden, up to 5 acres; see section 4.2. 2. Residential. a. Dwelling, single-family (detached). 3. Institutional/Public. a. Golf course or clubhouse, public or private; see section 4.2. b. Government facilities. C. Neighborhood or subdivision clubhouse or amenities; see section 4.2. d. School, public kindergarten, elementary, middle or high schools. 4. Communications- -Utility. a. Essential services. b. Satellite television antenna; see section 4.2. 5. Wireless Telecommunications. a. Carrier on Wheels (declared emergency); see section 4.2. B. Special Administrative Uses. The following uses are permitted only with administrative approval: 1. Agricultural. a. Urban, community garden, over 5 acres. 2. Residential. a. Home occupation, no customer contact; see section 4.2. 3. Commercial. a. Farmer's market, temporatylseasonali; see section 4.2. b. Food' Trucks, Mobile Vending/Food Carts; see section 4.2. C. Temporary outdoor retail sales; see section 4.2. d. Temporary outdoor sales or events, seasonal; see section 4.2. e. Temporary produce stand; see section 4.2. RZ: 25 001 1455 Rogers Lake Road 7 IPage HE CITY OF STONECREST f. Temporary trailer, as hon skle9oficeot cênstruction trailer; see section 4.2. 4. Wireless Telecommunications. a. Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential). b. Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2. C. Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2. C. Special Land Use Permit. The following uses are permitted only with a special land use permit: 1. Residential. a. Bed and breakfast establishment; see section 4.2. b. Home occupation, with customer contact; see section 4.2. C. Child care home, 5 or less; see section 4.2. d. Convents or monasteries; see section 4.2. e. Personal care home, 6 or less; see section 4.2. f. Senior housing; see section 4.2. g. Short-term vacation rental. 2. Institutional/Public. a. Cemetery, columbarium, mausoleum; see section 4.2. b. Places ofv worship; see section 4.2. C. Recreation club; see section 4.2. d. School, private kindergarten, elementary, middle or high schools; see section 4.2. e. Swimming pools, commercial; see section 4.2. 3. Commercial. a. Adult daycare facility, up to 6; see section 4.2. b. Child day care facility, up to 6; see section 4.2. C. Kennel, noncommercial. 4. Communication- - -Utility. a. Amateur radio service or antenna; see section 4.2. 5. Wireless Telecommunication. a. New support structure from 51 feet to 150 feet; see section 4.2. D. Permitted Accessory. The following uses are permitted as accessory only to a principal use: 1. Residential. a. Accessory uses or structures. b. Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2. 2. Institutional/Public. a. Educational use, private; see section 4.2. b. Tennis courts, swimming pools, play or recreation areas, community; see section 4.2. 3. Commercial. RZ 25 001 1455 Rogers Lake Road 8 Page THE CITY OF STONECREST a. Fitness center. E ORG - A (Ord. of8 8-2-2017, $ 1(2.5.2); Ord. No. 2022-06-01, $ 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, $ 1(Exh. A), 2- 26-2024) Sec. 2.5.3. Dimensional requirements. Dimensional requirements for the R-100 (Residential Medium Lot-100) District shall be as provided in Table 2.2, Residential Zoning Districts Dimensional Requirements. (Ord. of 8-2-2017, $ 1(2.5.3)) Sec. 2.5.4. Site and building design standards. Design standards andi regulations to be applied in this zoning district shall be as provided in article 5 oft this chapter, site design and building form standards. (Ord. of 8-2-2017, 1(2.5.4)) DIVISION 12. RSM (SMALL LOT RESIDENTIAL MIX) DISTRICT Sec. 2.12.1. Statement of purpose and intent. The purpose and intent ofthe City Council in establishing the RSM (Small Lot Residential Mix) District is as follows: A. To provide for the creation of For Sale residential neighborhoods that allow a mix of single-family attached and detached housing options; B. To provide flexibility in design and product on the interior of new development while protecting surrounding neighborhoods; C. To implement the future development map oft the city's comprehensive plan. (Ord. of 8-2-2017, S 1(2.12.1); Ord. No. 2022-10-03, $ 2(Exh. A), 10-24-2022) Sec. 2.12.2. Permitted and special land uses. Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 oft this chapter, such regulations shall also apply. A. Permitted Uses. The following uses are permitted as of right under this Code: 1. Agricultural Activities. a. Urban Community Garden, up to 5 acres; see section 4.2. 2. Residential. a. Dwelling, cottage home; see section 4.2. b. Dwelling, single-family (attached). C. Dwelling, single-family (detached). d. Dwelling, three-family. e. Dwelling, townhouse; see section 4.2. RZ: 25 001 1455 Rogers Lake Road 9 I Page THE CITY OF STONECREST f. Dwelling, two family. GEORGIA A g. Dwelling, urban single-family; see section 4.2. 3. Institutional/Public. a. Golf course or clubhouse, public or private; see section 4.2. b. Government facilities. C. Neighborhood or subdivision clubhouse or amenities; see section 4.2. d. School, public kindergarten, elementary, middle or high schools. 4. Communications: Utility. a. Essential services. b. Satellite television antenna; see section 4.2. 5. Wireless Telecommunications: a. Carrier on Wheels (declared emergency); see section 4.2. B. Special Administrative Uses. The following uses are permitted only with administrative approval: 1. Agricultural. a. Urban, community garden, over 5 acres. 2. Residential. a. Home occupation, no customer contact; see section 4.2. 3. Commercial. a. Farmer's market, temporaty/seasonal; see section 4.2. b. Food Trucks, Mobile Vending/Food Carts; see section 4.2. C. Temporary outdoor retail sales; see section 4.2. d. Temporary outdoor sales or events, seasonal; see section 4.2. e. Temporary produce stand; see section 4.2. f. Temporary trailer, as home sales office or construction trailer; see section 4.2. 4. Wireless Telecommunications. a. Attached wireless telecommunication facility used for non-residential purposes (prohibited ifused as residential). b. Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2. C. Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2. C. Special Land Use Permit. The following uses are permitted only with a special land use permit: 1. Residential. a. Bed and breakfast establishment; see section 4.2. b. Home occupation, with customer contact; see section 4.2. C. Child care home, 5 or less; see section 4.2. d. Convents or monasteries; see section 4.2. e. Personal care home, 6 or less; see section 4.2. f. Personal care home, 7 or more; see section 4.2. RZ 25 001 1455 Rogers Lake Road 10 I P age THE CITY OF STONECREST g. Senior housing; see sectio 4E2.0 R G IA 2. Institutional/Public. a. Cemetery, columbarium, mausoleum; see section 4.2. b. Places of worship; see section 4.2. C. Recreation club; see section 4.2. d. School, private kindergarten, elementary, middle or high schools; see section 4.2. e. Swimming pools, commercial; see section 4.2. 3. Commercial. a. Adult daycare facility, up to 6; see section 4.2. b. Child day care facility, up to 6; see section 4.2. 4. Commumication-Uiliy. a. Amateur radio service or antenna; see section 4.2. 5. Wireless Telecommunication. a. New support structure from 51 feet to 150 feet; see section 4.2. D. Permitted Accessory. The following uses are permitted as accessory only to a principal use: 1. Residential. a. Accessory uses or structures. b. Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2. 2. Institutiona/Public. a. Educational use, private; see section 4.2. b. Tennis courts, swimming pools, play or recreation areas, community; see section 4.2. 3. Commercial. a. Fitness center. (Ord. of 8-2-2017, $ 1(2.12.2); Ord. No. 2022-06-01, $ 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, $ 1(Exh. A), 2- 26-2024) Sec. 2.12.3. Dimensional requirements. Dimensional requirements for the RSM (Small Lot Residential Mix) District shall be as provided in Table 2.4, Medium and High Density Residential Zoning Districts Dimensional Requirements. (Ord. of 8-2-2017,8 1(2.12.3)) Sec. 2.12.4. Site and building design standards. Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 ofthis chapter, site design and building form standards. (Ord. of 8-2-2017,8 1(2.12.4)) RZ 25 001 1455 Rogers Lake Road 11 I Page THE CITY OF STONECREST G E ORG I A Sec. 2.12.5. Density and location criteria. A. The maximum allowed dwelling unit density in the RSM District before application of any bonus is 4 dwelling units per acre, and after application of any bonuses is 8 dwelling units per acre. B. Density determination of each RSM (Small Lot Residential Mix) property: 1. Existing RSM properties: For existing properties converted to RSM (Small Lot Residential Mix) District classification at the effective date ofthe ordinance from which this chapter is derived: a. Where conditions of: zoning regulating density have been attached to the property, maximum density shall remain as established in such conditions. b. Where no conditions of zoning regulating density have been attached to the property, maximum density shall be the Base Max described in Table 2.5 unless administratively reviewed and approved for bonus increases, according to the criteria set forth in subsection C. of this section. 2. New RSM properties: For property rezoned to the RSM (Small Lot Residential Mix) District classification after the effective date ofthe ordinance from which this chapter is derived, density shall be established by the City Council at the time ofapproval, based upon the criteria set forth in subsection C. of this section. C. Density bonus eligibility and calculations. Density bonuses are allowed only for subdivisions, as defined in this chapter, and are expressly not allowed for individual infill lots. The maximum allowed density on RSM (Small Lot Residential Mix) District zoned property may be increased above the Basel Max by application of density bonuses as indicated by Table 2.6, and may be accumulated if eligible. An example ofhow allowable density bonuses are calculated is shown in the example at the end ofTable 2.6. In no case shall density exceed the bonus maximum established by Table 2.5. Table 2.6. Residential Density Bonus Eligibility and Percent, with Example Calculation Density bonus percent increase by amenity, location, or other provision 20 percen! greater than base Public Improvements Applicant provides any of the following improvements: Transit facilities (bus shelter, ride- share), public art, structured parking, trail with public access, sidewalks and/or road improvements beyond project. Transit Proximity Existing park-n-ride or ride-share facility is located within one-quarter mile oft the property boundary. Amenity Proximity Existing amenities, such as healthcare facilities, senior and/or civic centers, public schools, public libraries, recreational facilities, personal service establishments, grocery stores, or shopping centers. (See section 2.12.7.) 50 percent greater than base Sustainability Elements Certification that proposed buildings, if built as designed, would be accredited by LEED and reg, EarthCraft, or other similar national accreditation organization, for energy- and water-efficient site and building design. Mixed Income or Mixed Age 30-year enforceable commitment approved by the city attorney and recorded on the deed records that total number of units will be reserved to be occupied as follows: 10 percent by very low income households, or 20 percent by low income households, or 25 percent for senior citizens. Household income level shall be as established by the Atlanta Regional Commission. RZ: 25 001 1455 Rogers Lake Road 12 I P ag e THE CITY OF STONECREST Additional Enhanced Open Space GEO R Auditiônal enhanced open space (with standards established by article 5 of this chapter) comprise 20 percent of the overall development site. 100 percent greater than base Additional Enhanced Open Space Enhanced open space comprises 35 percent or more of the overall development site. MARTA Rapid Transit Station Existing MARTA rapid transit station is located within one-quarter mile oft the property boundary. Reinvestment Areas Property is located within an Enterprise Zone or Opportunity Zone. Example DensityE Bonus: (Dwelling Units per Acre (du/acre)) Character Area (example): Neighborhood Conter Character Area Bonus types In example project: Sustainability Elements and Amenily Proximity Method: Multiply the Base. x %: : additional units eligible Step 1: Calculate density gained by bonus type: Sustainabilily Eloment Bonus: Amenily Proximily Bonus: Base density: 4 Base density: 4 %E Bonus : 50% %B Bonus : 20% Base x 50% 4x 50% = 2 Base x: 20% : 4) x: 20% : 0.8 +2 2 bonus dwacre + 0.8 bonus dw/acre Step 2: Add bonus density tol Base density 4 (2+.8) 6.8 dulacre max density Base Cumulative Bonus Total project density allowed (Ord. of8-2-2017, $ 1(2.12.5); Ord. No. 2021-06-03, $ 1(Exh. A, $ F), 8-23-2021; Ord. No. 2022-06-01, $ 2(Exh. A), 8-2-2022) Sec. 2.12.6. Amenity proximity requirements. For proposed development within one-quarter mile of an existing public school, park, library, trail or greenway network, a pedestrian facility linking to the amenity shall be provided, or a stub-out for linking to a future amenity shall be provided. Measurement of distance to a qualifying amenity shall be taken from center point ofthe proposed drive ofthe principal entrance and follow the shortest street route to the center point ofthe closest existing drive to access the existing amenity. (Ord. of 8-2-2017, 8 1(2.12.6)) RZ 25 001 1455 Rogers Lake Road 13 I Page THE CITY OF STONECREST GEORG I A Sec. 2.12.7. Bonus density qualifying standards. The following standards shall be applied when considering whether bonus density may be allowed: A. Qualifying public improvements. 1. Bus shelter. To qualify as eligible for bonus density, proposed bus shelter facilities shall include at a minimum a shelter structure, bench and paved access and be designed according to MARTA or GRTA standards, based upon ridership thresholds and as documented as acceptable by either agency. 2. Park-n-ride and/or ride-share. To qualify as eligible for bonus density, proposed ride-share facilities shall provide for a minimum of 100 parking spaces, and park-n-ride amenities shall provide a minimum of 300 parking spaces, unless the station warrants fewer, as documented by MARTA or other transit service provider. 3. Public art. To qualify for bonus density, a proposed work of art shall be subject to approval by the planning commission, be located on the development site ori in aj public place off-site, and have a value ofat least one-half of one percent of the total construction valuation ofthe building permit. The maximum required value shall not exceed $250,000.00. a. Options for providing public art are: Purchase an existing piece of art work or have a specific piece of art work commissioned. b. For commissioned work, a deposit with the planning department of115 percent of the value oft the public art is required prior to the issuance ofa a building permit. C. Public art or public works of art is defined as the creative application ofs skill and taste by artists to production of permanent tangible objects according to the aesthetic principles, including, but not limited to, the following: Paintings; Sculptures; Site specific installations; Engravings; Carvings; Frescos; Mobiles; Murals; Collages; Mosaics; Statutes; and Bas-reliefs. d. Public art or public works of art shall also include the creative application ofs skill and taste by artists according to the aesthetic principals to the architectural embellishment ofa building or structure. Architects and landscape architects are not considered artists under this definition. e. The following shall not be considered public art or public works of art: Reproductions or unlimited copies of original art work; Art objects which are mass produced; Works that are decorative, ornamental or functional elements oft the architecture or landscape design, except when commissioned from an artist as an integral aspect ofa structure or site; and Architectural rehabilitation or historical preservation. 4. Structured, parking. Developments that provide vertical, structured parking shall be eligible for the residential density bonus, provided: a. Parking decks not integrated into other buildings shall be located internal to the site. b. Structures are either: RZ 25 001 1455 Rogers Lake Road 14 I Page THE CITY OF STONECREST G E o R G I A (i) At least two stories above ground or greater; and/or (ii) Alternatively, at least one story is underground. C. Parking decks visible from a public right-of-way shall incorporate similar architectural materials as the primary buildings. 5. Trail with public access. Minimum length ofnew trail or multi-use path shall be one-quarter mile and shall connect to a greenway/trail or sidewalk network external to the site. B. Qualifying amenity clarifications. 1. Health or medical services: include clinics and offices for health, dental and/or medical services, as defined in article 9 ofthis chapter, including pharmacies with diagnostic services. 2. Recreational facilities: include private or public exercise gymnasiums, fitness centers, sports fields, parks, and swim centers. (Ord. of 8-2-2017, 1(2.12.7)) City of Stonecrest 2038 Comprehensive Plan 5- Year Update Suburban Neighborhood (SN): The Suburban Neighborhood area recognizes those areas of the city that have developed in traditional suburban land use patterns while encouraging new development to have increased connectivity and accessibility. These areas include those already developed and those under development pressures. Suburban Neighborhood areas are characterized by low-pedestrian orientation, limited transit access, scattered civic buildings, and curvilinear street patterns. The desired density for areas of this type is from 4 to 8 dwelling units per acre. Use Descriptions: SF detached; Townhomes; Assisted Living facilities; Neighborhood Retail; Schools; Libraries; Parks and Related; Health Care, Civic Maximum Density, Units/Acre: 4 to 8 du/ac Caption: An example Suburban Neighborhood Land Use in Stonecres!, GA Permitted Districts: 0I, OIT, NS, RSM, R100, R85, R75, R60, RNC Public Participation Property owners within 1,000 feet oft the subject property were mailed notices of the proposed rezoning in February 2025. There was a Community Planning Information Meeting (CPIM) held on Marchl, 2025, at 6:00 p.m. at city hall. There was one (1) attendee that spoke on the request. RZ 25 001 1455 Rogers Lake Road 15 I - P a g e THE CITY OF STONECREST GEORGIA Submitted Site Plan A 1 4; a * 93 3 o a 3 de 3 20 a B B IA s HAA! 8 A L 4 7 e (ms S a 14 e 19 i 133 8 1 4 6 - . a a a a 63: 5 de N 8 . I - B Is 83 B 5 a E g B : & € 4 a 8 5 a de il à & B I a a I $ S 4 KLAND p AR C FHSIKCT KVIEIRN a LAY 'S ( 4e AX RZ: 25 001 1455 Rogers Lake Road 16 I P age THE CITY OF STONECREST SEORGIA LAND USE MAP N CRELY NO UNO UND 3/20/2025, 9.1 10:28AM 1.9,495 Ctylimts 1%Annuald Chanco FloodH Hazard Subdvisions /Apartments Light Industnal 01 04 mi City Council Regu'atory Floodway DeKab Parcels Office Professional 07km Stonecrest Counci District 1 Stonecrest: State Waters Futurel Land Use Suburban USAFlood! HazardAreas Heavy! Industrial er ells Ess conttvtors, dre GI FAO Juer NOAA, - uses, Truck Routes 02 25Annual Chance Flood Hazard RZ: 25 001 1455 Rogers Lake Road 17 I Page THE CITY OF STONECREST GEORGIA ZONING MAP SN ESM R a : SW BM SM, M SA M SM M M RM w - KM SM 5M SM SA SA M &M M M KSX ESM BSAN RM S SM MM RSM SMESM SMw SM SMESM RSM M SM KSM ESM ESM RSM ESMESMI ESMI RME ESM SWIF CREEK 10 a 0 3/20/2025, 931:04AM 1.9,495 Citylimts Zoning RI 100. Residental MedLot mi City Council C-1- -LocalCommercial RSM-: Small LotF ResidentialMx 017 0 m Stonecrest Counci! Disinct 1 C-2. General Commercial MR-1. Med! Density Residental Ess Toton Gann, FAO OAA. 5G5, Truck Routes M. Lightle Industrial ersu eMo bu Murs, 3 Der Sihwiwasums/Apartmemis M2 Heavy Industnal RZ 25 001 1455 Rogers Lake Road 18 I Page HE IT STONECREST GEORGI A= CITY OF STONECREST, GEORGIA STANDARDS OF ZONING MODIFICATION REVIEW Section 7.3.5 ofthe Stonecrest Zoning Ordinance list eight factors to be considered in a technical review ofa zoning case completed by the Community Development Department and Planning Commission. Each element is listed with staff analysis. A. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan. The Stonecrest Future Land Use Map within the Stonecrest 2038 Comprehensive Plan-5 Year update shows the subject property as having a land use designation of Suburban. The Use Descriptions has townhomes as an allowable use in the RSM-Small Lot Residential zoning district. The proposed townhome development is within the allowable density range set forth by the comprehensive plan for this area of this type as 4 to 8 units per acre. B. 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. The rezoning proposal from R-100 to RSM will permit a use that is suitable in view of the use and development of adjacent and nearby developments. The rezoning of the subject property is consistent with zoning ofthe property to the northwest that is developed as single-family homes developed on five (5) acre parcels. Although the subject property with the proposed development will not directly abut a RSM townhome development, there is a townhome development to the north with the same zoning classification as being requested. C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. The subject property is currently zoned R-100 (Residential Med Lot). This zoning classification permits single-family homes with a 15,000 square foot minimum lot size. The property does have reasonable economic use underi its current zoning designation and could yield approximately 40 lots. A single family detached development would be more in character with the adjacent developments. D. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property or properties. The rezoning proposal to rezone from R-100 to RSM to construct townhomes may adversely affect the existing use or usability of adjacent or nearby properties. The proposed rezoning is requesting to allow a townhome development that would add approximately 75 townhomes to this area that will have access Rogers Lake Road with approximately 185+/- cars to a very narrow roadway. The pavement width is approximately 20 feet along the frontage of the subject property. This could adversely affect the livability and current home values ofthe current residents' , their quality of life as well as an increase the potential for accidents. HE CITY DF STONECREST R G A= CITY OF STONECREST, GEORGIA E. 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. The proposed use would be inconsistent with the uses that are adjacent to it on all sides. The proposed townhome development would be surrounded by significantly larger lots of single family detached residential homes to the south and east. It would be bordered by single-family medium lot homes to the north and west. Although the RSM zoning district is a permittable district according the Stonecrest 2038 Comprehensive Plan 5- Year Update. The Suburban Neighborhood future land use designations states that this area is characterized as low-pedestrian orientation. It would be out of character with the adjacent developments. These factors provide supporting grounds to disapprove the proposed rezoning request. F. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources. At the time oft this report there are no direct indications that the proposed zoning change for 1455 Rogers Lake Road would adversely affect any historic buildings, sites, districts, or archaeological resources. The rezoning request is primarily to request the proposed development oftownhomes. G. Whether the zoning proposal will result in a use that will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. The zoning proposal requests a change that would generate approximately 185 additional vehicle traffic on a road that is very narrow and, in some areas, has no shoulders or guard rails. The Stonecrest 2038 Comprehensive 5-Year Update Plan update included that there is a Sidewalk Master Plan project that will expand on proposed trails, existing trails, and existing sidewalks to develop citywide connectivity for pedestrians. Of the 75 planned sidewalk projects one (1) is planned for Rogers Lake Road. (SW-65) Additional vehicle traffic could cause a burdensome hardship on the streets in the area as (Rogers Lake Road) ) is currently narrow and in some areas need repairs. The proposed development will have an impact on the local school by increasing the number of students attending the area schools. It will also increase the need for utilities such as water and sewer and services such as sanitation refuge. H. Whether the zoning proposal adversely impacts the environment or surrounding natural resources. The subject property was partially cleared approximately four years ago. Based on the site plan submitted with this application, it appears that the development intends to keep the existing mature trees that exist on the site. The proposed development will be required to adhere to all development regulations including evaluation of storm-water requirements, erosion control plan and landscaping, open space/tree save areas. STAFF RECOMMENDATION The requested rezoning from R-100 to RSM is to develop a townhome community. The site plan submitted does not provide any information on the typical unit width or lot size. The surrounding area is currently developed as single- family detached homes. The homes to the north and immediate south ofthe subject property are housed on lots that are five (5) acres or more. The proposed development would not fit with the surrounding development and is not considered a transitional development from large lots to smaller lots. Staffrecommends: DENIAL. THE CITY OF STONECREST G o G - A: CITY OF STONECREST, GEORGIA TRAFFIC DATA/AVERAGE ANNUAL DAILY TRAFFIC (AADT) elain CE a Bnd - d Alford Cir 3 Grey Rock Way E 5 , Ra vigo o e 2,650 > Keviny Ct Rd & Drshon 6 Itc old Grey S to a Cheny Laural DE o opd CL Yor) o * Red V le n 9,530 70 a Or Swill Creek CE Laure) 1En 0 - & ho on e Sad & Swift Creak RO - Spring HI CV Dr % Rogers Crossing DE - "iney, E Swift Creek 0 tn 1 of - 3 CI Gids: Cy Ce & edentiaian 0, De o Scales Rd Rg 2 0 Stone e, Industial Blvd o Lithor Mountain Cour Way, Lithonial 11,800 16,100 Laimin Rd 3 n - The closest data to provide traffic counts is A. STATION 089-0481 S. Deshon Rd. N of S. Stone Mountain Lithonia Road . estimated. AADT 9530 B. STATION 089-4062 Lithonia Industrial Blvd. W. of Rogers Lake Road estimated. AADT 16,100 C. STATION 089-4064 Lithonia Industrial Blvd. E. of Rogers Lake Road estimated. AADT 11, 800 E STONECREST R G - A: - CITY OF STONECREST, GEORGIA A. STATION 089-0481 S. Deshon Rd. N of S. Stone Mountain Lithonia Road AverageHoury Volume 0XXX89.0481-0834461 Site! Dala SDataAsiNASSALALAuR East vt 1 1 50 County.DeKD - LRS section: 0892963200 E 400 Functonalclass: SU MaprCokeda(Uitan) L 300 Cacws7A/4mwy 209 109 CourlHistory d @ a a a & 8 a 8 & 8 3 8 A Year Mon Couttype Durabon Count ADT Tna 2122 Fevary Volune 43hours 20,01) 0W5 2013 May Vone 4Bhours 25324 12662 CountHistory Roc 2015 March Wune 43hours 21,750 10,875 1599 2011 Varch Class 4Shos 22,155 11.093 12642 Switcreek I 10175 19 15 2 5 Anual Statistics 2911 2915 2913 2022 Vear Datahen 2014 2915 2M6 217 213 2019 202) 2921 2022 2023 Sutsistpe Adual Estmales Estnated Actual Estnated Estnalad Estnaled Adal Estinalad AADT Trend MADT 190X9 1920) 127W 11,00) 19909 13909 1950) 11,109 9290 953 MDT XFador 0091 0091 0078 0073 0078 0078 0006 0005 1209 OFado 05W 05N 0559 055) 0550 055) 0559 0550 100) FLENADT 1200 1390 13809 1380 1380) 1530 117W 12,000 899 6009 4309 209 0 2014 2915 2915 2917 2115 2919 202) 2021 2022 2123 THE CITY OF STONECREST G A: - CITY OF STONECREST, GEORGIA B. STATION 089-4062 Lithonia Industrial Blvd. W. of Rogers Lake Road 0000089_4062- 089-4062 Site Data Averagek Hourty Volume Inwaicb4H4eystaks 1 East Vet T City:A AllanlaCounty Dekab 80) - LRSS section: 0693296900 E 600 Functionalclass: 4U- MnsrAderaiutan) - Coordinates: 33.744293, 841 10769 & 40) 200 - CountHistory Rock Chapel 8 8 3 P 8 e d 8 e 8 # 8 Year Month Conttype Duration Count ADT Saitc Creek 2024 June Voune 43hours 31,042 15,521 Tne U 2022 Seglenber Class 43hours 34,917 17,459 CountHistory 20000 17453 15521 15000 2 10000 5000 0 Annual Statistics 2022 2024 Dataltem 2014 2015 2016 2017 2018 2019 2920 2021 2022 2023 Vear Stistcstpe Achal Estinated AADT1 Trend AADT 15,900 15,100 KFador 0101 0101 15000 AADT D-Fador 0600 0.500 15000 1400) FLeAADT 25,800 20,300 1200) 1000) 8X) 6000 400) 2000 0 2014 2015 2016 2017 2013 2019 2020 2021 2022 2023 0 STONECREST RGI A= CITY OF STONECREST, GEORGIA C. STATION 089-4064 Lithonia Industrial Blvd. E. of Rogers Lake Road estimated. AADT 11, 800 0000089_4064- 089-4064 Site Data Averageh Hourlyy Volume -Uhorial IndE BMdEdugrstaeRd 1 Est west Tatal 600 City: Allanta County: Dekab - LRSS section: 0893298900 E Functionale class: 4U- MnoxAderalfuitan) m 400 Coordinates: 33744867, 84.091946 > 200 "MAyRA 0 - + - Count History - & 8 8 A & e 8 a a a 8 8 Year Month Counttype Duration Count ADT Tme 2024 June Volume 4Shours 25,362 12,581 Rock Chapel 2022 Odober Class 4Bhours 25,965 12,982 Count History Swift Creek 15000 12812 12641 1000) 1 2 500) Tin Annual Statistics 2022 2024 Year Dataltem 2014 2015 2016 2017 2018 2019 2920 2021 2022 2023 Statstcstype Actual Estimated AADT Trend AADT 11,700 11,800 AADT KFacor 0097 0.097 12000 D-Factor 0600 0.600 10000 FutureAADT 19,000 14,900 800 6000 4000 2000 0 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 0 THE CIT Y STONECREST GE o G - A CITY OF STONECREST, GEORGIA PLANNING COMMISSION (PC) RECOMMIENDATION. - April 1, 2025. TBD F STONECREST C ORGI A= CITY OF STONECREST, GEORGIA APPLICATION PACKAGE 1455 Rogers Lake Rd Lithonia, Ga. 30044 City of Stonecrest Planning and Zoning Department 3120 Stonecrest Blvd. Ste 190 Stonecrest Georgia 30038 770-224-0200 RE: Letter of Intent Subject Parcel 1613103012 January 25th, 2025 To Whom It May Concem, We would like tor request a rezoning of the 14.86 acre property located at 1455 Rogers Lake Rd. The existing: zoning is R100 and wel have included a Concept Plan that represents a request in rezoning to RSM. The plan features 75 single family attached (SFA) townhome lots. This represents a proposed density of 5.0 unitslacre whichi includes a bonus density of 25% which is achieved through additional enhanced open space. The following variance isr requested: 1) Allow variance from oode section 2.11.2. related to required setbacks to allow a 10 foot front setback instead of the required 20' front setback. Sincerely. BRobovde BBalland Applicant THE CITY OF STONECREST A= CITY OF STONECREST, GEORGIA Amendment Application All applications and plans must be submitted through the THE CITY OF Citizenserve Online Portal STONECREST GEORGIA Amendment Application PROPERTY Site Address(es): 1455 Rogers Lake Rd/Lithonia, Ga. Parcel #: 16 131 03 012 Zip:30058 30058 Project Name (lfa applicable): Current Zoning R-100 Proposed Zoning RSM Current Use Undeveloped Proposed Use Townhome subdivision OWNER INFORMATION Name: Boris, Alison, and Michelle Besay Address: 2474 Kings Arms DrAtlanta, Ga. 30345 Email: besayb2@yahoo.com Phone: 678-772-0707 APPLICANT Name: RobertF F. Bullard Address: 1235 Prospect RdLawrencevile, Ga. 30043 Email: bipboshy@belsouthnet Phone: 678-344-1293 AFFIDAVIT Tot the best ofr my knowledge, this application form is correct and complete. If additional materials are determined to be necessary, understand that lamr responsible for filing additional materials as specified by the City of Stonecrest Zoning Ordinance. - understand that failuret to supply all required information (per the relevant Applicant Cherklists and Requirements of the Stonecrest Zoning Ordinance) will result in the rejection oft this application. Ihave read the provisions oft the Georgia Code Section 36-67A-3 as required regarding Campaign Disclosures. My Signed Campaign Disclosure Statement is included. Applicant's Name: RobertF FBullard Applicant's Signature: Date: 130/25 NOTARY Sworntoa and suhseribed before mot this 3offoayof jar 20 Notary Public: E Signature: mlt E GEC DRG Dite: 430/25 : : - : M ON 1 P0CTANEFE RIVn TANCPOEGT A an mzo 7701 21 A nnn a MAw CTANE OEC n HE CITY oF STONECREST o G A= CITY OF STONECREST, GEORGIA Amendment Application THE CITY OF All applications and plans must be submitted through the Citizenserve Online Portal STONECREST - R G A Applicanl(s) Notarized Certification The petitioner acknowledged that this amendment application form is correct and complete. By completing this form, all applicant of the subject property certifies authorization of the filing of the application for amendment/s), and authorization of an applicant or agent to act on their behalf in the filing oft the application including all subsequent application amendments. Applicant Name: RobenF. Bulard Address: 1235 Prospectnd City, State: Laarenoavile, Ga Zip:: 30043 Signature: Date: Je/ NN - Swornt to: and subscribed beforer me this b day of - 2035 NotaryPublic: lc all a * GEORGIA 3/2s/28 Applicant (it applicable) Name: Address: City,5 State: Zip: Signature: Date: Sworn to and: subscribed before me this day of 20_ NotaryPublic: Applicant (Ita applicable) Name: Address: City, State: Zip: Signature: Date: 3120: STONECREST BLVD. STONECREST, GEORGIA 30038 e (770) 224 -0200 WWWSTONECRESIGACOV UPDATED ON 12/15/2023 THE CITY OF STONECREST o R A CITY OF STONECREST, GEORGIA Amendment Application E All applications and plans must be submitled through the Citizenserve Online Porlal STONECREST G A Properly Ownert)Nolarized Certificalion The owner and petitioner acknowledge that this amendment application form is correct and complete. By completing this form, all owners of the subject property certify authorization of the fiing of the application for amerdmentis). and authorizatian of an applicant or agent to act cn their hehalf in thet filina of the applicationi including all subsequent apalication ndmants Property Owner Name: Boris Bosay Address: 2474 Kings Ara DV a City, State:Arlanta, Georgia Zip:3 30345 Signature: ey Date: 3 24 02 Swornt to ands subscribed before met this, day of uan 25 NotaryPublic: clejenhgur 0) - UN VTY, e : MTTI AdditionalProperty Owner (ifa applicable) Name: Alson Besay Address: 2474) Kings Arms Dr Oty,5 State: Aranta. Gecrgia Zip: 30345 Signature: a Date: s0 Swornt to ands subscribed! before met this, C day of hAuacy 2029 Notary Public: peyewagroy tt OUNETS AdditionalPropertyg Owner (Ifa applicable) Name: Michate Dasay Address: 2474Kings Arms Dr City, State: Aslamta. Gecrga Zp: 30345 Signature: 9) Date: 3120STONECREST BLVD STONECREST, GEORGIA 30038 770) 221 0200 . wwws STONECRESIGAGOV UPDATED ON12/15/2023 HE CITY STONECREST o G A= CITY OF STONECREST, GEORGIA Amendment Application TY OF All applications and plans must be submitted through the Citizenserve Online Portal STONECREST G a < G LA Swornl to ands subscrbed before met this, dayot January 25 Notary Public: tcele Ewcepey 6-20 1 JUNT Additional Property Owner (ifa applicable) Name: Aeric Bailey Address: 2474KingsA Arms Dr Cay, State:Allanta. Georgia Zip:3 30345 Signature: & - Date - 0- 25 Sworn to ands subscribed before met this, 30 25 dayo of Januas Notary Public: Celey & Wogry * o 3120STONE CRES ST BIVD STONECREST GEC ORGIA 30036 703 4 0200 WWWSTE ONECRI - SIGA GOV UPDATED ON 12/15/2023 THE CITY OF STONECREST GE EOR GI - A= CITY OF STONECREST, GEORGIA Amendment Application . E CITY OF All applications and plans must be submitted through the Citizenserve Online Portal STONECREST E & C A Campaign Disclosure Statement Havey you, within thet two years immediately preceding the filing ofthis application, made campaign contributions aggregating $250.00 or Yes No mare in a memher nf the City af Stonpcrest City Council nr a member oft the City of Stonecrest Planning Commission? Applicant/Property Owner Applicant Name: RobertF. Bullard a Address: 1235 Prspeç! Rd gity, State:Lawrencevls. Ga. Zip:30043 Signature: Date: 330 N M Ifthe: answer abovei is yes, please complete the following section: Date Government Official & Position Description Amount SV aiM w T A 29 nu 27 A onn - A wI 67 TI a HE CITY STONECREST G A= CITY OF STONECREST, GEORGIA Amendment Application ITY All applications and plans must be submitled through the Citizenserve Online Portal STONECREST GEORGIA Campaign! Disclosure Statemen! Have you, within thet two years immediately preceding the filing oft this application, made campaign contributions aggregating $250. 00 or more to a member of the City of Stonecrest City Council or a member Ves No oft the City of Stonecrest Planning Commission? Applicant/Property Owner Owner Name: Aeric Balay Address: 2474Kings Arms Di City,State:Allanta Ga Zip:30345 Signature: - 28 Date: -30-25 Ifthea answer above isy yes, please completet the folowing section: Date Govemnment Official & Position Description Amount 31205 STONECRES BLVD STONECREST, GEORGIA 30038 770) 224 0200 - WV W ONECRE ESTGAGOV UPDATED ON 12/15/2023 THE CITY OF STONECREST G OR R G A: = CITY OF STONECREST, GEORGIA Amendment Application All applications and plans must be submitted through the Citizenserve Online Portal STONECREST 0 RGIA Campaign Disclosure Statement Have you, within thet twoy years immediately preceding the filing of this application, made campal ign contributions aggregating $250.00 or more to a member oft the City of Stonecrest City Council or a member Yes No oft the City of Stonecrest Planning Commission? Applicant/Property OwnerOwner Name: Alison Besay Address: 2474) Kings Arms Dr City, State:Aranta, Ga Zip:39345 Signature: L Date: 1/ So/ 35 Ifthea answer above is yes, please completet thef followings section: Date Government Official & Position Description Amount 3120STONECRESTI BIVD . STONECREST, GE ORGIA 30035 . 1770) 224-0200 . www STONECRESTGAGOV UPDATED ON 12/15/2023 HE STONECREST G o RGI A= CITY OF STONECREST, GEORGIA Amendment Application All opplications and plans must be submilled through the Cilizenserve Online Portal STONECREST a < G A Campaign Disclosure Statement Havey you, within the twoy years immediately preceding the filing oft this application, made campaign contributions aggregating $250.00 or Ves more to a member of the City of Stonecrest City Council or a member No of the City of Stonecrest Planning Commission? Applikant/Property Owner Owner Name: Boris Basay Address: 2474) Kings Arps BVL City,State:Alana Ga Zip:30345 Signature: A Date: // 3 P & < - 20 fthe answer above Sy yes. please complete thef following section. Date Government Official & Position Description Amount THE CITY OF STONECREST E o € I A= - CITY OF STONECREST, GEORGIA Amendment Application All applications and plans must be submitled through the Citizenserve Online Portal STONECREST - E 0 R GIA Campaign Disclosure Statement Have you, within thet twoy years immediately preceding thet filing of this application, made campaign contributions aggregating $250.00 or more to a member oft the City of Stonecrest City Council or à member Ves No of the City of Stonecrest Planning Commission? Applicant/Property Owner Owner Name: Michalle Basay Address: 2474) Kings Arms Dr City, State:Afanta, Ga Zip:30345 Signature: Date: 1 057 2. /21, Ithea answer above is yes, please complete thef following section: Date Government Official & Position Description Amount 3120STONECREST BIVD STONECREST. GEORGIA 30038 . (770) 224-0200 . WWWSTONECAESTGAL GOV UPDATED ON 12/15/2023 E STONECREST o RGI A= CITY OF STONECREST, GEORGIA - E EH H n T - J0 1455 ROGERS LAKE RD PROPOSED TOWNHOMES-FRONT ELEVATIONS THE CITY OF STONECREST G o IA CITY OF STONECREST, GEORGIA - - - EE 1455 ROGERS LAKE RD PROPOSED TOWNHOMES-REAR ELEVATIONS HE IT STONECREST G o RGI A= CITY OF STONECREST, GEORGIA Environmental Site Analysis 1455 Rogers Lake Rd Lithonia, Ga. 30044 1. Conformance to the Comprehensive Plan: a. This project proposes a 75 lot single family attached (SFA) townhome development. The property is at 1455 Rogers Lake Rd and is 14.86 acres. WOODED AREA CONSISTING OF PINES & HARDWOODS (4" TO 20" CALIPER) ALONG PROPERTY LINE, STEEP SLOPES IN THIS AREA AREA RECENTLY TIMBER HARVESTED - RcgOrGnooT RoggoGostgor Rogers CrosingDr Mercy Home a B 8 9 - 36" White Oak WOODED AREA CONSISTING OF MAINLY (Poor condition) HARDWOODS (4" TO 12" CALIPER) THE CITY OF STONECREST G G A: - CITY OF STONECREST, GEORGIA b. Adjacent Property Description and Proposed Site Plan Adjacent single family Adjacent single family homes (R-100 zoning) homes (RSM zoning) - L L DE 3 ps Adjacent single family lot (R-100 zoning) sias - M cav Adjacent single family lots (R-100 zoning) c. This proposed project conforms to the Comprehensive Land Use Plan as it proposes single family attached (SFA) townhomes which is an allowed use under RSM zoning d. Under the Comprehnsive Land Use Map, the proposed project and property is located in the "Suburban Neighborhood" classification. e. The proposed townhome development would be an acceptable "Suburban Neighborhood" Land Use. 20 a HE T STONECREST o R GIA= CITY OF STONECREST, GEORGIA 2. Environmental Impacts of the Proposed Project: a. The U.S. Fish and Wildlife Service, National Wetlands Inventory Map has been consulted and site visits have been done to this property and no wetlands areas exist on this site. b7 The Federal Emergency Agency (FEMA) flood maps have been consulted and there is no floodplain on this property from a water course with a drainage area exceeding 100 acres or floodplain per FIRM Panel 13089C0113K dated 12/8/2016. C. A site visit has been done at this site and no streams or related stream buffers exist on the site or within 200 feet of the site. d. There is one small area just north of the northern property line of the site where there are existing slopes that exceed 25% over a 10 foot rise in elevation. There are no slopes like this actually on the site. e. Through field observations, a good portion of the site was cleared in the past 2-3 years, and almost all of the new development area is in the recently cleared area. The cleared area has begun to be re-vegetated with Black Berry and other early succession shrub, pine, and ground cover growth. The perimeter areas of the site have some Loblolly Pine but is a majority mix of hardwoods. The largest hardwoods are around 20" DBH but the majority are under 10" dbh. f. After an onsite review of the property, and reviewing the United States Fish and Wildlife Service inventory maps, the Georgia Department of Natural Resources, and the Wildlife Resources Division and Natural Heritage online records, we have determined that there are no endangered species, protected natural resources or natural heritage registered sites on or adjacent to this property. g. According to the National Register of Historic Places and our onsite site review, there are no historic or archaeological sites on, or adjacent to this site. THE CITY STONECREST G OR R G A = CITY OF STONECREST, GEORGIA 3. Project mplementation Measures: a. There are no streams or floodplains that exist on the site or within 200 feet of the site. On areas that exist with significant slopes to the north of the property. the addition of a stormwater detention pond will decrease the flow rates from the site to the neighboring properties. b The protection of water quality will be achieved through the addition of a stormwater detention pond and water quality measures. C. There is no existing infrastructure on the site. d. There are no historical or archaeologically significant areas on the site. e. The site will not produce any negative impacts on environmentally stressed communities by exposure to any of the followings factors such as public or municipal (e.g., soild waste or waste water treatment facilities, utilties, airports, and railroads) and industrial (e.g., landfills, quarries, and manufacturing facilities) uses. f. This site proposes to save over 50% of its total area in green/open space. g. The site will have buffer and green space areas around its perimeter to help protect surrounding citizens from any negative impacts of any proposed lighting and noise. h. This site will propose and preserve recreational green space and parks. i. This site will have minimal negative impacts to the existing wildlife in the area as it will set aside over 50% of its total area as open/green space. 12. Commercial trucks, tractor-traiters-and-semi-traiters vehicles: A commercial truek vehicle (including but not limited to mdemchmrawycs, semi-trucks with or without,tractor trailer, dump trucks, flatbed trucks, tow trucks, utility trucks, buses, box trucks, and delivery trucks) are prohibited from parking in all residentially zoned properties. Unless work is being performed by the business associated with said commercial vehicles and workers are present. 13. Commercial trucks,tractortraitersorsemitraliters vehicles shall not be parked or stored overnight in any 0-I (Office Institutional), OD (Office Distribution), C-1 (Local Commercial), C-2 (General Commercial), MU-1 (Mixed Use Low Density), MU-2 (Mixed Use Low Density), MU-3 (Mixed Use Medium Density), MU-4 (Mixed Use High Density) and NS (Neighborhood Shopping) districts. Unless the commercial vehicle is associated with the business or is engaged in loading or unloading activitywhere the driver is present. Thefoltowing are exeeptions: a Thevehictieisensasedinmeadhnismdintermiominegastivitywherethe rivetispresentandinncharsetnereot: b. thevehicleisownedorisbeingusedbyabusinesitocatedonthe property Abusiness-onthepreperty-iacondteringoperationsandthexehicte sbeingusedtinconnectionwtisuere-acommerciat vehicleisparkedinadinane--e1-e2-othtdistictitanaltparkontyin areasdesignatec'adpostecasioasingrenesandierioadingdocks: d. Uaingtoadingzonesancuntoatingdocksbrcommerciatvehicte operatorsforsteepingorpatkingovermightisstrctty-prohipited: e ttanyvehicle-founeupenapatsngiol-drivewayorentrancerdtive.in vMiolationotihiaSectonelsingimepmtingandleratorseat commerciatmaiterm-tneRiSOosesionotamyreat property-ortnevehicteopertorerbethmaybepenianedtasprovided inthiscodesection: Also, in Sec. 6.1.3. (8). The parking of business commercial vehicles on private property located within residential zoning districts is prohibited. This section shall not prohibit: (1) Typical passenger vehicles, with or without logos, including automobiles, pickup trucks, passenger vans, and dually trucks; (2) Vehicles engaged in active farming, construction activities or contractor services on the private property, or the temporary parking (12 hours or less) of vehicles for the purpose of loading/unloading within residential zoning districts; nor (3) The parking of vehicles on property located in residential zoning districts, where such propertyis used for an authorized nonresidential use such as a church. Vehicles used in law enforcement are exempt from the restrictions of this subsection.