Article 16 — Model Conservation Subdivision / Open Space Development Ordinance

critical resources and contribute to an interconnected network of open space in the City.

developments.

with conventional house lot and street developments.

common open spaces.

fields, and other areas for active and passive recreation.

linear front footage distances of roads and utilities than conventional subdivisions.

conservation areas, the subdivision of land, the location and orientation of homes and structures, and the installation of improvements.

Council after a recommendation by the Planning Commission.

conservation use property under O.C.G.A. Section 48-5-7.4; and any flood plains, wetlands, water bodies, upland buffers around wetlands and water bodies, critical wildlife habitat, and sites of historic, cultural, or archaeological significance.

woodlands, farm fields, localized aquifer recharge areas, and lands containing scenic views and sites, passive recreation areas including pedestrian bicycle and equestrian trails, picnic areas, community commons or greens, and similar areas. Active recreation areas and facilities, including playing fields and playgrounds, impervious surfaces and golf courses are excluded and not counted as conservation areas.

central organizing element of the subdivision design and that identifies and permanently protects all primary and all or some of the secondary conservation areas within the boundaries of the subdivision.

been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of a legal instrument approved by the City Attorney.

foundation, nonprofit agency, or other legal entity.

which shows the maximum number of lots and the layout of streets, blocks, and lots that can be obtained on the proposed development site by applying the minimum lot size, minimum lot width, and other dimensional requirements and applicable provisions of this zoning ordinance for the zoning district in which the subject property is located. A yield plan approved by the Department of Planning and Zoning of the City shall establish the base density of the subject property (not including any density incentive which may be approved pursuant to Section 16.3.1 of this Zoning Ordinance).

The density of a conservation subdivision shall be the number of lots derived on the approved yield plan for the property proposed to be subdivided, as defined by this Article, plus an additional density incentive not to exceed ten (10) percent. In the event the additional density incentive results in a fraction, the fraction shall not be counted as an allowance for an additional lot.

The additional density incentive shall be allowed only where additional open space has been provided which exceeds the minimum amount required in this Article. For each additional percent of open space of the total acreage of the proposed project in excess of the minimum amount required a one-half percent increase in the total number of lots as determined by the approved yield plan shall be allowed.

Notwithstanding any other provision of this ordinance, the maximum density allowed for the new development shall not exceed a development which complies with the following requirements:

Minimum lot area: 7,500 square feet for residential uses.

Minimum lot width: sixty (60) feet;

Minimum front yard: thirty-five (35) feet Minimum rear yard: twenty (20) feet Minimum side yard: five (5) feet. This minimum side yard requirement is mandatory. No structure of any type shall be allowed to be built on the side of a residence in this zoning classification which intrudes into in any way the five 5 foot minimum side yard requirement. Builders shall submit house location plans prior to the issuance of a building permit. Side yard setback shall be measured from the edge of footing.

Minimum side yard if on street: twenty (20) feet Maximum ground coverage: seventy-five percent (75%)

Minimum house size: Single family residence- one (1) story, 1,800 square feet; two (2) story, 2,000 square feet with a minimum of one thousand (1,000) square feet on the main level. The square footage requirements listed herein are for heated space.

Minimum development size: Any applicant seeking to zone property to the Conservation Subdivision shall be developing a minimum of ten

As part of the planning process for the development of an Conservation Subdivision, the developer shall propose at the time of the request for rezoning restrictive covenants to be attached to the development of the property and to be recorded in the deed records of the Superior Court of Gwinnett County either as written restrictive covenants or on the plat for development of the subdivision. In addition to the restrictive covenants requested by the developer, the following minimum covenants shall be applied to the property:

Along the other property lines where a residence of the CSO neighborhood yard abuts another subdivision lot, a black chain link fence shall be constructed no less than six (6) feet high. A single row of Nellie Stevens Holly or an approved alternative (to be determined at time of rezoning) located on the interior side of the fence spaced a distance of ten (10) feet on center. These berms and fences shall be located on the exterior property lines of the development and shall be completed prior to any building permit being issued by the City of Lawrenceville.

The following special street construction standards shall apply to this district:

lots shall be a minimum of twenty-two (22) feet.

lots shall be a minimum of twenty-four (24) feet.

All single family residences constructed within this zoning district shall face interior streets and no driveway shall have access to exterior streets.

All utilities shall be located underground.

as specified in the subdivision regulations of the City of Lawrenceville as part of an application, the applicant for preliminary plat approval of a conservation subdivision shall submit the following:

Procedures for considering conservation subdivisions shall be the same as for preliminary and final plats, as specified in the subdivision regulations of the City of Lawrenceville except that a public hearing shall be held by the Planning Commission and a public hearing shall be held by the Mayor and City Council and except as otherwise provided in this Article.

This hearing and separate vote shall be such hearing as required under Section 36-66A-2 of the Code of Georgia for the Transfer of Development Rights.

All portions of land shown on the preliminary plat and required to be retained as Open Space areas shall be protected from further subdivision, development, and unauthorized use by a conservation easement as defined by this Article, or by fee simple dedication to the city, if approved for dedication by the Lawrenceville City Council as provided in this Article.

The form of any such dedication to the City shall be approved by the Lawrenceville City Attorney.

In addition to a conservation easement, any conservation area created as a part of a conservation subdivision shall be protected through ownership either by the city, if accepted by the city in accordance with procedures established in this Article, or, by a homeowners association. If the conservation areas are proposed to be owned by a homeowners association, then the following requirements shall apply:

1 Ordinance to Amend Article XVI of the City of Lawrenceville 2005 Development Regulations to Replace the Existing Conservation Subdivision Ordinance was adopted on October 2, 2006.

2 Ordinance to Amend Article XVI of the City of Lawrenceville’s 2005 Development Regulations was adopted on February 5, 2007.