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Attorney says applicant formally seeks 6,600‑sq‑ft lot reduction for Kawita Road subdivision; alternate 9,000‑sq‑ft plan could remove need for modification
Summary
An attorney for the applicant described a modification (M26-007) to a CUP site plan for 293 detached single‑family lots on 130.19 acres, saying the formal application requests a reduction to 6,600‑sq‑ft lots; an alternative plan preserving a 9,000‑sq‑ft minimum and reducing units to about 282 is under consideration with staff.
Josh Mahoney, an attorney with Battle Law PC, presented modification M26-007 for property at Kawita Road and Dawson Road in District 4, describing two design paths for a previously approved conditional use plan (Z25-020).
Mahoney said the property was approved in a prior rezoning and that the applicant has been working on a site plan. "What we've officially applied for is a reduction in the lot size to 6,600 ft," he said, explaining that the change responds to multiple lots encroaching on a 75‑foot undisturbed stream buffer on parts of the site. Under the 6,600‑sq‑ft option, the plan shows 293 detached single‑family lots on about 130.19 acres.
As an alternative, Mahoney said the applicant has a newer plan that would keep a 9,000‑sq‑ft minimum lot size, reduce the number of units to about 282, and use easements to avoid stream buffer impacts; if that option moves forward, he said the applicant would likely withdraw the modification.
Staff asked which plan the applicant had formally filed. Mahoney confirmed the 6,600‑sq‑ft lot reduction is the official application and said he had discussed the alternative 9,000‑sq‑ft plan with Director McClendon earlier the same day. He also said the applicant will continue with the public participation process for the modification if the 6,600‑sq‑ft option is pursued.
Why it matters: the choice between smaller lots (6,600 sq ft) and preserving a 9,000‑sq‑ft minimum affects parcel density, the total number of homes, and how the design addresses environmental constraints such as stream buffers. Those decisions influence neighborhood character, infrastructure demand and environmental mitigation requirements.
Next steps: Mahoney said he will provide the date and time for the public participation meeting; staff later confirmed a tentative meeting on March 23 at 6:30 p.m. at Elegant Occasion South Fulton. If the applicant pursues the 9,000‑sq‑ft alternative and withdraws the modification, the modification process would not proceed. Otherwise, the applicant will submit a public participation report (due March 31) and the matter will go to the planning commission (tentatively April 15) and then to mayor and council as scheduled.
