155 Montgomery Street Motion to revise the stipulations originally approved as conditions of zoning for zoning case #Z2011-09 (20110516) dated August 10, 2011. This revision will eliminate stipulation #6, which read: “The houses will be LEED [Leadership in Energy and Environmental Design] certified.” All other previous conditions will remain in effect for the four (4) lot development, previously identified as 155 Montgomery Street, but now subdivided into lots identified as 155 Montgomery Street, 165 Montgomery Street, 77 Harold Street and 87 Harold Street. The following shall constitute the revised list of stipulations that are in effect for this development. 1. The existing 8 ft. white picket privacy fence currently located along a portion of the western (Drake/Panetta) property line will be extended along the entire western property line to the right of way of Montgomery Street. A new 8 ft. white picket privacy fence, which will match the fence that currently runs along the western (Drake/Panetta) property line, shall be constructed along the entire northern (Yustat/Drake) property line to the right of way of Harold Street. 2. Applicant will meet with Public Works staff to determine if a retention/detention pond is necessary. If deemed necessary, it will be located away from the northwestern corner of the property, if possible. If changes need to occur, this matter will be discussed between the Mr. Drake, Yustats, Mr. Panetta, and the City of Marietta Public Works Departments. However, compliance with all City and State regulations is required. 3. The garages will be in compliance with all City of Marietta codes; and each garage will have similar color and façade material as the principle structure. 4. One row of trees will be planted along the northern and western property lines. This buffer will consist of a single row of trees of a minimum of 2” caliber and will include crape myrtles and bald cypress trees. Due to the mix of tree species within the buffer, the city arborist will determine spacing requirements. 5. The developer will hire an arborist to determine the health of all remaining trees and the impact on the remaining trees from the proposed plans. The developer will follow the recommendation of the arborist as well as meet the current tree ordinance. The City Arborist shall review every tree 12 inches or greater, where there is no conflict with a new structure and the tree is determined to be healthy, and shall incorporate best practices for the tree save areas prior to and during land disturbance activities. 6. The houses will be constructed in compliance with all codes. 7. The houses that will be built will be one of the attached plans (see attached renderings): a. Ansel f. Emmerson b. Henry David g. Hayek House c. Hudson h. Gifford d. Dillard i. Hampton Roads e. Watkins 8. The square footage of the homes will be a minimum of 1800 square feet.

Committee

JUDICIAL LEGISLATIVE COMMITTEE

Introduced

October 19, 2012

On agenda

November 1, 2012

Passed

November 14, 2012