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CITY OF BROOKHAVEN

BROOKHAVEN CITY COUNCIL J. Max Davis, Mayor

Rebecca Williams - District 1 Jim Eyre - District 2 Bates Mattison - District 3 Joe Gebbia - District 4 AGENDA April 22, 2014 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

7:00 PM

A) INVOCATION B) CALL TO ORDER 1. Roll Call C) PLEDGE OF ALLEGIANCE D) OPENING REMARKS E) AGENDA ANNOUNCEMENTS F) PUBLIC COMMENT G) CONSENT AGENDA 1. Approval of April 15, 2014 Brookhaven City Council Regular Meeting Minutes H) ANNOUNCEMENTS I) REPORTS AND PRESENTATIONS 1. Update on Zoning Map Audit - City Manager Marie Garrett 2. Update on Parks Purchase - City Manager Marie Garrett 3. Update on City Hall - City Manager Marie Garrett J) PUBLIC HEARING ITEMS 1. City of Brookhaven 2034 Comprehensive Plan Commencement Hearing Hearing Open Public Hearing - Mayor Davis - Public

City of Brookhaven

4/22/2014 7:00 PM

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Agenda

Brookhaven City Council

April 22, 2014

2. RZ14-03: Text Amendment to the Zoning Ordinance Regarding Public Participation Within the Land Use Application Process - Public Hearing Open Public Hearing - Mayor Davis Ordinance ORD-2014-04-01: Consideration of Approval for RZ14-03: Text Amendment to the Zoning Ordinance Regarding Public Participation Within the Land Use Application Process - Action Item 3. RZ14-04: Text Amendment to the Zoning Ordinance Providing for Planning Commission Deferrals of Land Use Applications - Public Hearing Open Public Hearing - Mayor Davis Ordinance ORD-2014-04-02: Consideration of Approval for RZ14-04: Text Amendment to the Zoning Ordinance Providing for Planning Commission Deferrals of Land Use Applications - Action Item 4. RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company Rezoning Request from O-I Conditional (Office-Institution) to O-I at 4170 Ashford Dunwoody Road. Mixed Use Development Consisting of 500 Multi-Family Units (563,578 Sf), 250,000 Square Feet of Office Space, and Three Parking Decks. Special Land Use Permits to Exceed the Height of All Buildings/Structures Over 5 Stories and 70 Feet, and for Development of High-Rise Apartments in the O-I Zoning District Have Also Been Requested. - Public Hearing Open Public Hearing - Mayor Davis Ordinance ORD-2014-01-01: ORD-2014-01-01 : Consideration of Approval for RZ1311- John Hancock Life Insurance Company-4170 Ashford Dunwoody Road - Action Item Ordinance ORD-2014-01-02: ORD-2014-01-02 : Consideration of Approval for SLUP 13-01: To Exceed the Height of All Buildings and Structures Above 5 Stories - Action Item Ordinance ORD-2014-01-03: ORD-2014-01-03 : Consideration of Approval for SLUP 13-02: To Develop High-Rise Apartments in the O-I Zoning District (4170 Ashford Dunwoody Road a - Action Item 5. SLUP14-01: Mohamed Kedir - Request to Locate a Late Night Establishment Within 1500 Feet of Residentially Zoned Property at 3337 Buford Highway #340 C/D - Public Hearing Open Public Hearing - Mayor Davis

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Agenda

Brookhaven City Council

April 22, 2014

Ordinance ORD-2014-04-04: ORD-2014-04-04 : Consideration of Approval for SLUP14-01: Mohamed Kedir - Request to Locate a Late Night Establishment Within 1500 Feet of Resident - Action Item 6. RZ14-01 - Rockhaven Homes, LLC - Rezoning Request from R-NCD to RA-8 to Construct a 27-Lot Single Family Detached Subdivision for Property Located at E. Roxboro Road (1937, 1969, 1971, 1945, 1961, 1953); 1125 Wright Avenue; N. Druid Hills Road (1739, 1741, 1785, 1775, 1767, 1759, 1747, 1735) - Public Hearing Open Public Hearing - Mayor Davis Ordinance ORD-2014-04-03: ORD-2014-04-03 : Consideration of Approval for RZ1401 - Rockhaven Homes, LLC - Rezoning Request from R-NCD to RA-8 to Construct a 27-Lot Subdivisi - Action Item K) OLD BUSINESS L) NEW BUSINESS 1. Ordinance ORD-2014-04-05: Text Amendment - Chapter 18 - Article V - Multifamily Rental Housing (Apartments) 2. Approval to Grant Authorization to the Mayor to Sign Google Fiber Land Lease Agreement M) OTHER BUSINESS 1. City of Brookhaven Arbor Day Proclamation 2. 1338 : Naming of the Official City Tree - Council Member Williams 3. Cancelation and Rescheduling of June 24, 2014 City Council Meeting N) PUBLIC COMMENTS O) MAYOR'S COMMENTS P) EXECUTIVE SESSION (IF NEEDED) Q) ADJOURNMENT

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CITY OF BROOKHAVEN
BROOKHAVEN CITY COUNCIL DRAFT MINUTES April 15, 2014 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

7:00 PM

A) INVOCATION - LED BY DEPUTY CITY CLERK DANIEL HALL


Deputy City Clerk Hall led the invocation.

Attendee Name J. Max Davis Rebecca Williams Jim Eyre Bates Mattison Joe Gebbia

Title Mayor District 1 District 2 District 3 District 4

Status Present Present Present Present Present

Arrived

C) PLEDGE OF ALLEGIANCE
Mayor Davis led the Pledge of Allegiance.

D) OPENING REMARKS
Ms. Garrett introduced Mike Hassinger, the City's new Communications Manager. Council member Williams congratulated Daniel Hall for his recent marriage. Mayor Davis recognized the one year anniversary of the City's Municipal Court and extended congratulations to Judge Stephenson and Judge Gernade as well as Susan Hiott the Court Administrator. Council Member Eyre recognized the one year anniversary of Chief Yandura and Deputy Chief Freeman.

E) AGENDA ANNOUNCEMENTS F) PUBLIC COMMENT 1. Aubrey Villines


Mr. Villines mentioned he heard that the Council was reconsidering the alcohol serving hours times. He requested the opportunity for input and notice of the potential change.

2. Ronnie Mayer
Mr. Mayer commented on the public forums for Brookhaven Park's and requested that any dual meeting be held on separate nights in the future. He claimed that the City of Chamblee was planning to adopt the DeKalb County settlement agreement, in order to allow Follies to continue to operate. He asked for the true cost of the Ashford Park settlement to publicized. He commented on a warning he received from the City's Code Enforcement Officer.

G) CONSENT AGENDA
Ms. Garrett announced the items on the consent agenda including three sets of meeting minutes, a contract for IXP Consulting Services, and a Critical Infrastructure Nondisclosure Agreement for Google. Council Member Mattison moved to approve the consent agenda. Council Member Williams seconded the motion.

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Minutes Acceptance: Minutes of Apr 15, 2014 7:00 PM (Consent Agenda)

B) CALL TO ORDER

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Minutes Brookhaven City Council April 15, 2014

Council Member Eyre inquired about the contractual details on item number four on the consent agenda. He referenced section 5, warranties and total liabilities and claimed that the limiting the IXP Corporation's aggregate liability to only the cost of the contract was too low. He pointed out that no explicit insurance requirement existed within the contract. He asked why the City's standard general conditions contract was not attached to the agreement. He pointed out that the City's old address was still present throughout the contract. He referenced the limitations to actions section and claimed that the one year period within the contract could be too low based on current contractual issues that the IXP Corporation was facing. Mr. Kurrie explained that the subject contract was reviewed as a consulting agreement. He pointed out that Council Member Eyre's concern about the limitation of one year for liability was valid, and explained that the subject provision was an industry standard and would not apply in the presence of gross negligence. He reported that a certificate of insurance would be required before the contract was executed. Council Member Eyre expressed concern with the absence of a work schedule despite the requirement for a payment schedule. He asked if a schedule existed which showed that the first 20% of the contractual work would be completed upon receipt of 20% of the total payment, and so on until the completion date. Mr. Kurrie suggested the request of a time line from the IXP corporation to show when the services would be performed. Ms. Garrett pointed out that the monthly installment schedule was established to assist the City. Council Member Eyre asked if the City was comfortable that the proposed contract was a competitive price for the work. Ms. Garrett explained that the IXP Corporation was the sole provider of the subject service. Council Member Gebbia asked how 9-1-1 service would be provided if the IXP corporation failed to meet their contractual obligations. Ms. Garrett explained that the City would continue to be served by DeKalb County. She pointed out that any potential to not meet the target would be apparent in the early months of transition. The motion passed unanimously. RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Bates Mattison, District 3 Rebecca Williams, District 1 Williams, Eyre, Mattison, Gebbia

1. Approval of March 19, 2014 Brookhaven City Council Special Called Meeting Minutes 2. Approval of March 25, 2014 Brookhaven City Council Work Session Meeting Minutes 3. Approval of March 25, 2014 Brookhaven City Council Regular Meeting Minutes 4. 1329 : Consideration of Approval of IXP Consulting Services Agreement for Transition to the ChatComm Opera 5. Consideration of Approval for Critical Infrastructure Information Non-Disclosure Agreement H) ANNOUNCEMENTS
Council Member Gebbia announced the event to clean up Peachtree Creek on Saturday April 19th from 9:00 a.m. to noon starting at the Salvation Army Parking lot. He reported that creation of Keep Brookhaven Beautiful would be announced as well as the City's Ambassador for the program and improved recycling efforts throughout the City. Council Member Mattison announced that the reschedule Brookhaven Police Department Scholarship Golf Tournament would be held on Monday April 21st. Council Member Gebbia pointed out that a $50 contribution would be accepted for people who did not want to golf, but wanted to participate in the afternoon festivities.

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Minutes Acceptance: Minutes of Apr 15, 2014 7:00 PM (Consent Agenda)

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Minutes Brookhaven City Council April 15, 2014

Ms. Garrett announced that a public hearing would be held for the City's Comprehensive Plan during the April 22nd City Council meeting. She pointed out that, in accordance with the rules and regulations of the Georgia Planning Act, the public hearing would officially launch the Comprehensive Plan process for the City.

I) REPORTS AND PRESENTATIONS 1. Update on Zoning Map - City Manager Marie Garrett
Ms. Garrett reported that an additional 77 files had been received from the County. Council Member Eyre inquired about the anticipated date of completion. Ms. Garrett reported that it was her intentions to have the map adopted by late August.

2. Update on Parks Purchase - City Manager Marie Garrett


Mr. Kurrie reported that the County's thirty day period would expire on April 27th. He explained that if there were no disputes for the City's request for the park parcels, then the money would be tendered and the purchase executed. He reported that the County was in receipt of all park boundaries, settlement statements, and environmental assessments. He anticipated that there could be push back from the County with respect to the purchase of Brookhaven Park. A discussion occurred about the necessary actions by the Board of Commissioners to approve the purchase.

3. Update on City Hall - City Manager Marie Garrett


Ms. Garrett reported that a portion of the City's Department had moved up to the second floor. She announced that it was the plan to make the final move to the third floor on April 24th. She also announced that it was her expectation to hold the May 13 City Council Meeting in the new Council Chambers.

J) OLD BUSINESS K) NEW BUSINESS 1. Resolution RES-2014-04-01: Consideration of Approval of Resolution in Recognition of Georgia Cities Week
Ms. Garrett read the resolution title into the record.

RESULT: MOVER: SECONDER: AYES:

APPROVED [UNANIMOUS] Joe Gebbia, District 4 Bates Mattison, District 3 Williams, Eyre, Mattison, Gebbia

2. Resolution RES-2014-04-02: RES-2014-04-02 : Resolution Establlishing an Enhanced 9-1-1 Charge on Wireless Communications, Etc - Defered to either the April 22 or May 13 meeting.
Ms. Garrett read the resolution title into the record. Mayor Davis explained that the resolution was a part of the process to transfer 9-1-1 service fees from DeKalb to Brookhaven. Council Member Mattison moved to approve the resolution. Council Member Williams seconded the motion. Council Member Eyre pointed out a typo in the first whereas paragraph of the subject resolution. He referenced an additional whereas paragraph and asked if the City had met the public hearing requirements for approval of the resolution. A discussion occurred about the purpose of the subject public hearing and if the City had met its requirements. Mr. Kurrie stated it was his opinion that the City had not met public hearing requirements for the subject resolution. Ms. Garrett pointed out that the resolution was absent during the ChatComm review and

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Minutes Acceptance: Minutes of Apr 15, 2014 7:00 PM (Consent Agenda)

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Minutes Brookhaven City Council April 15, 2014

approval process and not provided to the City until recently. Council Member Eyre inquired about the origin of the public hearing requirements in the subject resolution. Mayor Davis stated that he felt the City had provided ample opportunities for public input during the process to consider the transfer of 9-1-1 service to ChatComm. Mr. Kurrie requested a deferral of the resolution in order to allow for time to review the public hearing requirements. Council Member Mattison moved to defer resolution to either the April 22nd or May 13th Council Meeting. Council Member Gebbia seconded the motion. The motion passed unanimously.

3. Consideration of Approval of the 2014 Paving List


Ms. Garrett introduced Mr. Meehan to provide a review of the proposed 2014 paving list. Mr. Meehan reported that the list was compiled with all of the Mayor and Council's input. Council Member Eyre referenced his request to limit the paving on Caldwell from Redding Road to Trentwood Place. He asked Mr. Meehan why he proposed paving Caldwell all the way to the City limits. Mr. Meehan explained that the 400 foot stretch of paving was added on as a cost savings measure for future planning. A discussion occurred about Mr. Meehan's price estimates. Council Member Eyre asked when the work would be bided out. Mr. Meehan reported that the request for bids would go out no later than April 30th. He reported further that the work for the subject projects would begin in early June and extend throughout the Fall. He stated that a provision to completed the work before the Fall would be included in the request for bids. Council Member Williams asked what the total distance was for the 2014 paving list. Mr. Meehan reported that the total distance was approximately 5.9 miles. Mayor Davis inquired about the $35,000 estimate for patching. A discussion occurred about the estimated cost for patching pot-holes. Mr. Meehan reported that the cost for a 10x10 section of road would be approximately $300. Further discussion occurred about patching and paving tactics for the City. Mr. Meehan commented on coordination efforts with various entities that would be necessary to implement the paving projects. Mayor Davis requested specific details about how the re-stripping of the Ashford Dunwoody/Johnson's Ferry intersection would be coordinated with the City's plans to pave Ashford Dunwoody. Mr. Meehan explained that the process would include coordination with PTOP and PCID. He pointed out that even if the City's project was completed in advance of the re-striping project, the work would be designed to match. Council Member Eyre asked if the City was in possession of a price and schedule for moving the utilities associated with the re-striping project. Mayor Davis requested an update on the restriping process during the next meeting. Further discussion occurred about the paving plans along Ashford Dunwoody Road. Council Member Mattison moved to approve the paving plan as published in the agenda packet. Council Member Williams seconded the motion. The motion passed unanimously.

RESULT: MOVER: SECONDER: AYES:

APPROVED [UNANIMOUS] Bates Mattison, District 3 Rebecca Williams, District 1 Williams, Eyre, Mattison, Gebbia

4. Resolution RES-2014-04-03: Consideration of Approval of a Resolution Adopting the Municipal Court Fee Schedule to Offset Expenses and Defray the Cost of Operation of the Brookhaven Municipal Court and for Other Purposes

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Minutes Acceptance: Minutes of Apr 15, 2014 7:00 PM (Consent Agenda)

RESULT: MOVER: SECONDER: AYES:

DEFERRED [UNANIMOUS] Bates Mattison, District 3 Joe Gebbia, District 4 Williams, Eyre, Mattison, Gebbia

Next: 4/22/2014 7:00 PM

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Minutes Brookhaven City Council April 15, 2014

Ms. Garrett announced item. City Clerk/Court Administrator Hiott explained that the Court Fee Schedule was amended to reflect the Chapter 16 code section adjustments, including the false alarm fees. Mr. Kurrie pointed out that the new schedule was reviewed by Judge Stephenson.

RESULT: MOVER: SECONDER: AYES: L) OTHER BUSINESS

APPROVED [UNANIMOUS] Bates Mattison, District 3 Jim Eyre, District 2 Williams, Eyre, Mattison, Gebbia

Council Member Mattison requested an update on the Google Fiber application submission. Ms. Garrett reported that the City was ahead of the game in the application process and that items on the application were moving into specialized area. She mentioned that the City's involved in the application were working to develop a standard form, and reported that Google was working with the State to discuss the possibility of creating franchise agreements for Google Fiber. She also reported that a standard lease process was being developed for Google's Fiber huts that would be stationed throughout the City. She explained that the last step in the process would take additional time because all of the City's associated with Google were working to develop identical permitting forms. She expressed confidence that the City would meet the May1st submission deadline. A discussion occurred about the potential placement an serviceability of Fiber Huts throughout the City. Council Member Williams mentioned that the sign ordinance was absent proper provisions to address banners. She offered examples of local businesses that were in need of further banner regulation. She expressed a desire to amend the banner provision within the sign ordinance by applying a three week time frame for use. Ms. Garrett reported that she would look into adding amendment language to the May 13 work session agenda. Council Member Gebbia commented on he and Council Member Mattison's work to host the DeKalb County Development Authority the previous week.

M) PUBLIC COMMENTS
There was none.

N) MAYOR'S COMMENTS
CM Gebbia - co chair - sponsored DeKalb County Community Development Authority, did first video, marie's input was valuable, had a lot of fun, lot of positive comments. Thanks to all that participated. Like to have on City's website. It is on you tube. Williams - had great input Hope post all meetings

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Minutes Acceptance: Minutes of Apr 15, 2014 7:00 PM (Consent Agenda)

Ms. Garrett referenced discussion from the work session and requested a point of clarification for item that would be placed on next week's agenda. She stated that a public forum for businesses and residents would be scheduled in the coming weeks to discuss possible amendments to the alcohol ordinance. She mentioned discussion about amendments to Chapter 7 and 18 and reported that staff would work hard to place the subject items on the agenda, but it would be difficult with the limited time frame. Council Member Eyre requested the implementation of the proposed administrative policy that required builders to acknowledge construction work hours prior to receipt of a permit. Ms. Garrett pointed out that any amendments to the average setback statutes would be subject to the Zoning Procedures Law and would have to be heard by the Planning Commission. She reported that amendment language to the Apartment Inspections Ordinance would be ready for the Council's approval by the next meeting.

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Minutes Brookhaven City Council April 15, 2014

there will be online, group surveys, Hope get out word, truly hear from citizens, Like to have sheet - separate meetings, Mail to residents - need to be posted on

O) EXECUTIVE SESSION (IF NEEDED)


There was none.

P) ADJOURNMENT 1. Motion to Adjourn - Meeting adjourned 8:26 PM RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Bates Mattison, District 3 Rebecca Williams, District 1 Williams, Eyre, Mattison, Gebbia APPROVED: _____________________ J. Max Davis, Mayor ATTEST: ___________________________ Susan Hiott, City Clerk Approved
Minutes Acceptance: Minutes of Apr 15, 2014 7:00 PM (Consent Agenda) Packet Pg. 9

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Planning Commission Community Development

ISSUE/AGENDA ITEM TITLE: RZ14-03: Text Amendment to the Zoning Ordinance Regarding Public Participation Within the Land Use Application Process BACKGROUND/SUMMARY: The Planning Commission requested that the staff prepare an amendment requiring Public Participation Plans and Public Participation Reports as part of the land use application process. The goal of the Commission was to encourage communication among applicants and affected citizens so that potential impacts of land use proposals could be evaluated proactively in the application process. The Planning Commission initiated the proposed text amendment to the Zoning Ordinance.

STAFF RECOMMENDATION: Please see the attached proposed amendment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the proposed text amendment as written. ATTACHMENTS:
RZ14-03 Text Amendment_Public Participation (PDF)

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Ordinance ORD-2014-04-01

Meeting of April 22, 2014

Please see the attached proposed amendment.

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STATE OF GEORGIA DEKALB COUNTY CITY OF BROOKHAVEN ORDINANCE 2014 xx-xx TEXT AMENDMENT 2014-03

TEXT AMENDMENT TO THE CITY OF BROOKHAVEN ZONING ORDINANCE REQUIRING A PUBLIC PARTICIPATION PLAN AND PUBLIC PARTICIPATION REPORT SUBMISSION IN THE LAND USE APPLICATION PROCESS

WHEREAS, the City of Brookhaven Mayor and Council are charged with the protection of the public health, safety, and welfare of the citizens of Brookhaven; and WHEREAS, the City of Brookhaven Mayor and Council recognize the importance of public participation in the land use application process; and WHEREAS, the City of Brookhaven Mayor and Council encourage applicants and property owners to engage early in the land use application process thereby providing an opportunity to relate real or perceived impacts as a result of a land use proposal. NOW, THEREFORE, the Mayor and Council of the City of Brookhaven, Georgia hereby ordain as follows: PART I. Section 27-826 (a) (Filing of applications; amendments of filed applications) is hereby deleted in entirety and substituted in lieu thereof as follows: (1) All applications for amendments to the comprehensive plan land use map and the official zoning map shall be filed with the Community Development Director on forms provided by the department. (2) The processing of said applications shall be based upon an annual schedule prepared by the department and adopted by the City Council. (3) No application shall be considered an authorized application unless complete in all respects. (4) There shall be no refund of application fees after the department has accepted an application.

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Attachment: RZ14-03 Text Amendment_Public Participation (ORD-2014-04-01 : RZ14-03: Text Amendment to the Zoning Ordinance Regarding

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(5) All land use applications subject to the Zoning Procedures Act, not including city initiated applications, shall provide a Public Participation Plan at the time of the filing of an application with the following: a. A mailing list of properties within 500 of the subject property including name, street address, and tax parcel identification; and b. A copy of the letter to be mailed to affected parties identifying the date, location within the City of Brookhaven, and time of the information meeting to be scheduled no later than the first business day of the month preceding the Planning Commission hearing date. (6) A Public Participation Report shall be submitted to the Community Development Department no later than the last day of the business week of which the information meeting was held. The requirement of a Public Participation Report does not require a consensus on issues. Non-attendance at a community information meeting, by those on the mailing list, does not mean that an applicant fails to meet the requirements of the Public Participation Plan. The Public Participation Report shall include: a. A list of meeting attendees; b. A summary of concerns of issues expressed; and c. A summary of the applicants response to concerns and issues expressed. PART II. Section 27-863 (Application forms, filing of applications, plans required) is hereby amended by the addition of item (h) as follows: (h) All special land use applications subject to the Zoning Procedures Act, not including city initiated applications, shall provide a Public Participation Plan at the time of the filing of an application with the following: a. A mailing list of properties within 500 of the subject property including name, street address, and tax parcel identification; and b. A copy of the letter to be mailed to affected parties identifying the date, location within the City of Brookhaven, and time of the information meeting to be scheduled no later than the first business day of the month preceding the Planning Commission hearing date. A Public Participation Report shall be submitted to the Community Development Department no later than the last day of the business week of which the information meeting was held. The requirement of a Public Participation Report does not require a consensus on issues. Non-attendance at a community information meeting, by those on the mailing list, does not mean that an applicant fails to meet the requirements of the Public Participation Plan. The Public Participation Report shall include: c. A list of meeting attendees; d. A summary of concerns of issues expressed; and e. A summary of the applicants response to concerns and issues expressed.

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Attachment: RZ14-03 Text Amendment_Public Participation (ORD-2014-04-01 : RZ14-03: Text Amendment to the Zoning Ordinance Regarding

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PART III. EFFECTIVE DATE This ordinance providing for a text amendment and shall become effective upon adoption by the Mayor and City Council.

PART IV. SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this ordinance as a whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional.

PART V. REPEAL OF CONFLICTING ORDINANCES This ordinance amends the City of Brookhaven Zoning Ordinance, and all other conflicting ordinances or resolutions are hereby repealed, provided that nothing herein shall be construed as repealing the conditions of use, operation, or site development accompany permits lawfully issued under previous ordinances or resolutions, and provided further that modification or repeal of those past conditions of approval may be accomplished as authorized and provided by the requirements of the Zoning Ordinance.

SO ORDAINED AND EFFECTIVE

This

day of

, 2014. APPROVED:

J. Max Davis, Mayor

ATTEST:

APPROVED AS TO FORM:

Susan Hiott, City Clerk (Seal)

Thompson Kurrie, Jr., City Attorney

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Attachment: RZ14-03 Text Amendment_Public Participation (ORD-2014-04-01 : RZ14-03: Text Amendment to the Zoning Ordinance Regarding

MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Planning Commission Community Development

ISSUE/AGENDA ITEM TITLE: RZ14-04: Text Amendment to the Zoning Ordinance Providing for Planning Commission Deferral of Land Use Applications BACKGROUND/SUMMARY: The Planning Commission requested that the staff prepare an amendment authorizing the Commission to grant deferral during the land use application process.

STAFF RECOMMENDATION: Please see the attached proposed amendment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the text amendment as written. ATTACHMENTS:
RZ14-04 Text Amendment_Deferral (PDF)

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Ordinance ORD-2014-04-02

Meeting of April 22, 2014

Please see the attached proposed amendment.

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STATE OF GEORGIA DEKALB COUNTY CITY OF BROOKHAVEN

ORDINANCE 2014 xx-xx TEXT AMENDMENT 2014-04

TEXT AMENDMENT TO THE CITY OF BROOKHAVEN ZONING ORDINANCE REGARDING LAND USE APPLICATION DEFERRAL

WHEREAS, the City of Brookhaven Mayor and Council are charged with the protection of the public health, safety, and welfare of the citizens of Brookhaven; and WHEREAS, the City of Brookhaven Mayor and Council recognize that efficiency is served when the planning and conducting of public hearings is clearly stated and understood by public officials, applicants, and citizens; and WHEREAS, land use application deferral may serve to benefit all affected parties. NOW, THEREFORE, the Mayor and Council of the City of Brookhaven, Georgia hereby ordain as follows: PART I. Section 27-840 (Action by the planning commission) is hereby by amended by the deletion of such section in entirety and substitution in lieu thereof as follows: Sec. 27-840. - Action by the Planning Commission. The community development department shall provide the members of the planning commission complete information on each proposed amendment which the commission considers including: a copy of the application and all supporting materials; all other written communications given to the staff either in support of or in opposition to the amendment; and the written report and recommendation of the staff on each proposed amendment. The planning commission, after conduct of a public hearing with public notice as is required by this division, shall investigate the proposal and vote its recommendation to the city council. The planning commission may recommend approval of the application, approval of the application with conditions, denial of the application, deferral of the application, or, upon request of the applicant, withdrawal of the application without prejudice. The vote of the planning commission shall be nonbinding on the mayor and council except that the planning commission may grant no more than one thirty day deferral with the subsequent hearing date based on the approved hearing calendar if the deferral is requested by the applicant/owner or if the planning commission determines more information is necessary to make a recommendation to the mayor and council or a revised site plan is submitted less than seven days prior to the hearing. In granting the deferral, the planning commission shall

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Attachment: RZ14-04 Text Amendment_Deferral (ORD-2014-04-02 : RZ14-04: Text Amendment to the Zoning Ordinance Regarding Deferral)

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state the specific reason for the deferral and the materials needed to render a recommendation. The matter will be postponed on the mayor and council agenda until the next zoning cycle. As a result of the granted deferral, all materials shall be submitted no less than fifteen days prior to the subsequent hearing date. In addition, the deferred item will be subjected to an additional planning commission public hearing. In its recommendation of any application for an amendment, the planning commission may recommend the imposition of conditions in accordance with section 27833. All findings and recommendations of the planning commission relating to amendments to the official zoning maps and amendments to the text of this chapter shall be made based on each of the standards and factors contained in section 27-832. All recommendations of the planning commission relating to amendments to the comprehensive plan land use maps shall be made based on each of the standards and factors contained in section 27-829(f). The secretary of the planning commission shall make and maintain a written record of the planning commission's investigation and recommendations, which record shall be a public record. PART II. Section 27-870 (Action by the planning commission) is hereby by amended by the deletion of such section in entirety and substitution in lieu thereof as follows: Sec. 27-870. - Action by the Planning Commission. The community development department shall provide the members of the planning commission complete information on each proposed application for special land use permit which the commission considers including a copy of the application and all supporting materials, all communications and other writings either in support of or in opposition to the application, and the written report and recommendation of the secretary applying the required criteria in section 27873 and section 27-874, where applicable, to each application. The planning commission, after conduct of a public hearing with public notice as is required by section 27-838 of this chapter, shall vote its recommendation to the city council. The planning commission may recommend approval of the application, approval of the application with conditions, denial of the application, or deferral of the application. The vote of the planning commission shall be nonbinding on the mayor and council except that the planning commission may grant no more than one thirty day deferral with the subsequent hearing date based on the approved hearing calendar if the deferral is requested by the applicant/owner or if the planning commission determines more information is necessary to make a recommendation to the mayor and council or a revised site plan is submitted less than seven days prior to the hearing. In granting the deferral, the planning commission shall state the specific reason for the deferral and the materials needed to render a recommendation. The matter will be postponed on the mayor and council agenda until the next zoning cycle. As a result of the granted deferral, all materials shall be submitted no less than fifteen days prior to the subsequent hearing date. In addition, the deferred item will be subjected to an additional planning commission public hearing. The planning commission may recommend the imposition of conditions based upon the facts in a particular case in accordance with section 27-833. The planning commission recommendation on each application shall be based on a determination as to whether or not the applicant has met the criteria contained in section 27-833, the criteria contained

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Attachment: RZ14-04 Text Amendment_Deferral (ORD-2014-04-02 : RZ14-04: Text Amendment to the Zoning Ordinance Regarding Deferral)

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in section 27-834 where applicable to the use proposed, and the requirements of the zoning district in which such use is proposed to be located. PART III. EFFECTIVE DATE This ordinance providing for a text amendment and shall become effective upon adoption by the Mayor and City Council. PART IV. SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this ordinance as a whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional. PART V. REPEAL OF CONFLICTING ORDINANCES This ordinance amends the City of Brookhaven Zoning Ordinance, and all other conflicting ordinances or resolutions are hereby repealed, provided that nothing herein shall be construed as repealing the conditions of use, operation, or site development accompany permits lawfully issued under previous ordinances or resolutions, and provided further that modification or repeal of those past conditions of approval may be accomplished as authorized and provided by the requirements of the Zoning Ordinance.

SO ORDAINED AND EFFECTIVE

This

day of

, 2014. APPROVED:

J. Max Davis, Mayor

ATTEST:

APPROVED AS TO FORM:

Susan Hiott, City Clerk (Seal)

Thompson Kurrie, Jr., City Attorney

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Attachment: RZ14-04 Text Amendment_Deferral (ORD-2014-04-02 : RZ14-04: Text Amendment to the Zoning Ordinance Regarding Deferral)

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company - Rezoning Request from O-I Conditional (Office-Institution) to O-I at 4170 Ashford Dunwoody Road. Mixed Use Development Consisting of 500 Multi-Family Units (563,578 Sf), 250,000 Square Feet of Office Space, and Three Parking Decks. Special Land Use Permits to Exceed the Height of All Buildings/Structures Over 5 Stories and 70 Feet, and for Development of High-Rise Apartments in the O-I Zoning District Have Also Been Requested. BACKGROUND/SUMMARY: Please see attached files. FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: Please see attached files. Please note since this application was remanded back to the Planning Commission from the City Council for an additional public hearing. Please note, no additional materials have been submitted by the applicant since the initial hearings. PLANNING COMMISSION RECOMMENDATION: Update: During the April 2nd Planning Commission Hearing the Planning Commission moved to approve the rezoning request with conditions. The vote on the motion resulted in a 3-3 tie; therefore, there is no recommendation from the Planning Commission. During the January 8th, 2014 Planning Commission hearing the Commission recommended deferral and asked that Council grant deferral and remand back to Planning Commission for an additional public hearing. Please see attached staff recommendation which has been revised to include the Planning Commission recommendation as a result of the January hearing. ATTACHMENTS:
Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision RZ13-11 Slup 13.01 & 02 Application Amendment to letter on intent 12.18.13 (PDF) (PDF) (PDF)

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Agenda Item (ID # 1341)

Meeting of April 22, 2014

Revised Site Plan 11.06.13 Hightower Email (PDF)

(PDF)

RZ13-11 Public Hearing Public Comment (PDF) RZ13-11 School Comments PCID Recommendation Trip Gen Memo 11.05.13 RZ13-11.PCFavor_4.2 RZ13-11.PCOpposition_4.2 (PDF) (PDF) (PDF) (PDF) (PDF) (PDF)

Non Warranted DRI Letter 11.25.13

Updated: 4/18/2014 11:49 AM by Daniel Hall

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Rezoning Petition: RZ13-11; SLUP13-01 & SLUP13-02 Date of Staff Recommendation Preparation: December 30, 2013 Planning Commission Public Hearing Date: January 8, 2014 *Revised to Incorporate Planning Commission Recommendation: Planning Commission Remand: **Revised to Incorporate Planning Commission Recommendation: Mayor and City Council Public Hearing Date:

January 9, 2014 April 2, 2014

April 3, 2014 January 28, 2014 Cancelled due to inclement weather Reset Date: February 11, 2014 Cancelled due to inclement weather Reset Date: February 25, 2014 Deferred Mayor and City Council Public Hearing Date: April 22, 2014 Project Name /Applicant: Property Location: District/Land Lot: Acreage: Existing Zoning: Proposed Zoning: Ashford Green/John Hancock Life Insurance Company, Inc. 4170 Ashford Dunwoody Road & 4106 Lake Hearn Drive 18th District, Land Lots 329 and 330 18.33 acres O-I Conditional (Office-Institution) O-I (Office-Institution)

Future Development Map Designation: Regional Center Owner/Petitioner: John Hancock Life Insurance Company, Inc.

Owner/Petitioners Intent: To develop a mixed use development consisting of 500 multi family units (563,578 SF), 250,000 square feet of office space, and three parking decks. Special land use permits to exceed the height of all buildings/structures over 5 stories and 70 feet, and for development of high-rise apartments in the O-I zoning district, have also been requested. Community Development Department Recommendation Approval with conditions ** UPDATED PLANNING COMMISSION RECOMMENDATION DURING THE APRIL 2, 2014 PLANNING COMMISSION HEARING THE COMMISSION MOVED TO APPROVE THE REZONING REQUEST WITH

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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CONDITIONS. THE VOTE ON THE MOTION RESULTED IN A 3-3 TIE; THEREFORE, THE IS NO RECOMMENDATION FROM THE PLANNING COMMISSION.

*PLANNING COMMISSION RECOMMENDATION DEFERRAL RECOMMENDATION ON JANUARY, 8TH 2014 WITH A REQUEST THAT IF GRANTED BY THE COUNCIL THAT THE MATTER BE REMANDED BACK TO THE PLANNING COMMISSION FOR ADDITIONAL PUBLIC HEARING. NOTE: DURING THE FEBRUARY 25TH, 2014 COUNCIL HEARING, THE APPLICANT REQUESTED DEFERRAL TO THE APRIL 2ND, 2014 PLANNING COMMISSION HEARING AND THE APRIL 22, 2014 HEARING. Location Map

Perimeter Summit Pkwy

BACKGROUND The subject property is located on the west side of Ashford Dunwoody Road and is bounded by Lake Hearn Drive and Interstate 285 to the north, Parkside Place to the west and Perimeter Summit Parkway to the south. The subject property contains 18.33 acres and currently existing on the site is a 5-story office building with associated surface parking. The site was originally rezoned to O-I Conditional pursuant to CZ-78079. Through the years there have been several alterations to the plans and conditions applicable to the subject property, with the latest alteration

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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occurring in 1997. Currently, the subject property is entitled to as approved by DeKalb County for 715,000 square feet of total net usable office space, inclusive of an existing office building at 215,000 square feet of net usable area and an additional 500,000 square feet distributed amongst two office buildings, with one of the buildings extending to 18 stories in height and having an associated 8-level parking deck. With this latest request for rezoning, the applicant seeks to rezone from O-I Conditional (Office-Institution District) to O-I to change conditions and implement a mixed use project that would consist of 500 multi-family units spread over two 5story high-rise complexes, 250,000 square feet of additional office space contained in a single 10-story office building, in addition to an existing 277,206 square-foot office building. Two special land use permits have been requested by the applicant as part of the rezoning request to exceed the building height maximum of 5 stories or 70 feet and to accommodate the proposed high-rise apartments within the O-I zoning district. The Department would note that the subject property was reviewed by the Atlanta Regional Commission in 1991 as a Development of Regional Impact (DRI) for development of three office buildings and two associated parking decks, and was found to be consistent with the Perimeter Center Livable Centers Initiative plan and determined to be of appropriate use. As of November 25, 2013, based on the most recent request for a mixed-use development as submitted, the Atlanta Regional Commission determined that a new DRI review was not warranted. The subject property currently contains a single office building that is identified on the land title survey prepared by Travis Pruitt & Associates as 6-stories, while the applicants letter of intent indicates that it is a 5-story building. Along with the office building, there are 917 surface parking spaces provided for the development. According to the applicant, existing surface parking is shared with the Hilton Garden Inn hotel located northwest of the property, and shared parking provisions will continue to be maintained with the conversion of surface parking to parking decks if the proposed rezoning is to be approved. Based on the land title survey, it would appear that the property is serviced by several stormwater facilities as indicated by several easements that lead to off-site detention ponds across Parkside Place to the southwest and north of Lake Hearn Drive, and a private stormwater vault located to the northwest of Parkside Place. The site plan submitted by the applicant shows several surface parking spaces with the majority of parking provided within three proposed separate parking decks. Each multi-family complex would be developed with a separate parking deck for resident parking. The site plan indicates that Development A would consist of 260 rental units with an average floor area of 850 square feet per unit. The proposed rental apartment building would be 5-stories and incorporate a 5.5level parking deck. Development B is indicated on the site plan to consist of 240 owner-occupied (condominium) units within a 5-story building with a 5.25-level parking deck. It would appear that residential parking decks would be surrounded by the multi-family buildings to minimize visibility from the rights-of-way. Identified as Development C is the proposed 10-story 250,000 square-foot office building with a 5.5-level parking deck servicing office uses on the subject property. There are three existing access points for the subject property, two located on Ashford Dunwoody Road and one off Perimeter Summit Parkway. A new and additional ingress/egress point is proposed along Parkside Place which would be aligned with Perimeter Summit Boulevard. The lot coverage as calculated by the applicant would account for 59.05 percent of the total property, which would be compliant with the O-I zoning district lot coverage maximum of eighty (80) percent.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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According to the square footage of all proposed buildings and use types (residential and office), the development would be required to provide 3,109 total parking spaces. The applicants site plan would show that only 2,665 parking spaces would be provided, which would require that the applicant submit for a variance to reduce the parking as desired. In addition to applying for a variance to reduce parking, a variance would be required to allow for the encroachment of a building into the front yard setback along Ashford Dunwoody Road and to deviate from Section 27-788 (e)(3) to exceed two hundred fifty (250) feet in length along any wall elevation as it pertains to the proposed multi-family buildings located in the O-I zoning district.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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NEARBY/SURROUNDING LAND ANALYSIS Nearby/surrounding properties North Zoning O-I Current Land Use(s) Commercial (Hilton Garden Inn) Commercial (Perimeter Summit) Multi-family Residential (Villa Sonoma Condominiums) Commercial (Ashford Perimeter Office Building) Single-Family Residential Georgia Power Transmission Station Single-Family Residential

West: Across Parkside Place

O-I

West: Across Parkside Place

O-I

East: Across Ashford Dunwoody Road

O-I

East: Across Ashford Dunwoody Road

R-100

South: Across Perimeter Summit Parkway

R-100

South: Across Perimeter Summit Parkway

R-100

REVIEW STANDARDS AND FACTORS 1. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan? The subject property is identified on the Future Development Map in DeKalb Countys Comprehensive Plan (adopted by the City of Brookhaven) as a regional center character area. Under the Plan, the area is envisioned for a variety of uses that would contribute to the reduction of automobile travel, while promoting walkability and increased transit usage. The proposed mixed-use development in the O-I zoning district would incorporate a mix of uses (condominiums, apartments and office) that have been identified in the Comprehensive Plan as primary land uses for the character area. The proposed development would encourage walkability as the property is in close proximity to a regional shopping center and two nearby Marta Stations (Dunwoody and Medical Center), which can be accessed by existing sidewalks along major and minor thoroughfares and local roads in the vicinity. Additionally, the residential component of the development could provide work-live opportunities that could reduce automobile usage. The proposed mixed-use development would appear to be in conformity with the policy and intent of the Comprehensive Plan and be suitable at this location.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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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 properties? The subject property is located in close proximity to Interstate 285 and a major commercial node. The proposed request would be compatible with existing uses found in the immediate area, as Perimeter Summit has been developed with a mixed-use concept incorporating office, commercial, and residential uses within a single development. Additionally, improvements made to the rights-of-ways surrounding the subject property could support the scale of development as proposed. 3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned? It appears the subject property has a reasonable economic use as currently zoned. 4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? Given the mix of office, commercial and residential uses found nearby, the proposed rezoning does not appear to result in a use that would adversely affect the existing use or usability of adjacent or nearby property. 5. 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? DeKalb County approved the subject property to be developed for a singular office use totaling 715,000 square feet of net useable space, distributed over three buildings in 1997. As part of the approval, DeKalb County allowed for development of an 18-story office building and associated 8-level parking deck. The proposed mixed-use development would be aligned with the intent and established policies of the Comprehensive Plan for the area and also reduce the height of buildings from 18-stories to 10-stories. Additionally, the subject property was identified in the Perimeter Center Livable Center Initiative study completed in 2002, as a potential location for a high-density mixed-use development with primarily office and higher density residential uses, which would suggest that the proposed development may be suitable at this location. Additionally, the site is located within the Perimeter Community Improvement District. 6. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources? There are no such known historic buildings, sites, districts or archaeological resources identified by the applicant, or known by staff, to be on or near this property. 7. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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To date, the City of Brookhaven has not received a response from DeKalb County Offices or the DeKalb County School System. An increase in traffic, utility capacity, and school aged children is anticipated. Impacts on transportation facilities may be mitigated with the recommended conditions. CRITERIA TO BE APPLIED SPECIAL LAND USE PERMIT SLUP13-01 (TO EXCEED 5 STORIES OR 70 FEET) AND SLUP13-02 (HIGH-RISE APARTMENTS) 1. Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located. The subject property would be of adequate size for the proposed use and the appropriate setbacks and lot coverage have been provided. Adequate land area is available for the proposed use associated with off-street parking, as parking will be provided by three separate parking decks and several surface parking spaces. Sufficient land area is available for parking; however, the applicant has requested a variance to reduce parking based on their desire and determination that the parking ratio required by the citys Zoning Ordinance m ay not be warranted for the proposed development, but not due to the size of land. 2. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district. The proposed development would be compatible with existing uses found in the area, in particular to the Perimeter Summit development which has been developed with a mix of office, residential, retail and hotel uses. The proposed multi-family apartments would result in a residential density of 27.28 units per acre, which is less than the density established for Villa Sonoma condominiums at 57.89 units per acre (341 total units over 5.545 acres). Additionally, the request to exceed the building height maximum of 5-stories or 70 feet to accommodate a proposed 10-story office building would be substantially less in height when compared to office buildings located within the Perimeter Summit Development which can extend up to 28 stories. 3. Adequacy of public services, public facilities, and utilities to serve the use contemplated. Previous approval of the subject property for high-density office use would suggest that adequate public services are available to serve the proposed development as submitted. 4. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly increase traffic and create congestion in the area.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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To better ascertain traffic impacts that may be associated with this request, the applicant will be conditioned to provide a traffic impact analysis to be reviewed by the citys Public Works Director and for appropriate traffic improvement measures to be implemented prior to approval of a Land Disturbance Permit for the subject property. 5. Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or the volume of traffic generated by the proposed use. Increase in development would generate additional traffic. Based on the trip generation memo provided by the applicant, the traffic generated by the proposed development during A.M. and P.M. peak hours would be comparable to or less than the development that had been previously approved for the subject property. Additionally, the proposed mixed-use development could provide for opportunities that may reduce automobile travel and benefit work-live opportunities for potential residents of the property. 6. Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency. Multiple points of access would be provided on the subject property which would enhance internal traffic flow and access by emergency vehicles. The layout of internal driveways would show traffic calming measures have been implemented, in particular with the incorporation of a roundabout near the Perimeter Summit Parkway entrance. Additionally, all access points would have adequate access to public sidewalks. Internal pedestrian access has not be addressed by the site plan submitted by the applicant. Staff would note that DeKalb County Fire Marshal review and approval will be required prior to issuance of a Land Disturbance Permit from the City of Brookhaven. 7. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use. The proposed use would not have adverse impacts upon adjoining land use associated with noise, smoke, odor, dust, or vibration.

8. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use. The proposed mixed-use development would not create adverse impacts to adjoining land use by reason of hours of operation as the proposed use would incorporate a residential component and office uses similar to existing uses found nearby. 9. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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The proposed use would be similar in manner of operation with existing uses found in the area. 10. Whether or not the proposed plan is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located. It appears the proposed development would be consistent with the requirements of the zoning district with the exception of parking requirements. The applicant has applied for two Special Land Use Permits to exceed district height requirements and to construct high-rise (multifamily) apartments. 11. Whether or not the proposed use is consistent with the policies of the Comprehensive Plan. The subject property is identified on the future land use map in DeKalb Countys Comprehensive Plan (adopted by the City of Brookhaven) as a regional center character area. Under the Plan, the area is envisioned for a variety of uses that would contribute to the reduction of automobile travel, while promoting walkability and increased transit usage. The proposed mixed-use development in the O-I zoning district would incorporate a mix of uses (condominiums, apartments and office) that have been identified in the Comprehensive Plan as primary land uses for the character area. The proposed development would be consistent with the policies of the Comprehensive Plan. 12. Whether or not the proposed plan provides for all required buffer zones and transitional buffer zones where required by the regulations of the district in which the use is proposed to be located. All required buffer zones appear to have been provided. 13. Whether or not there is adequate provision of refuse and service area. Refuse and service area locations have not been identified on the applicants submitted site plan; however, any such plan would require approval of DeKalb County.

14. Whether the length of time for which the special land use permit is granted should be limited in duration. Time or duration constraints would not be appropriate for the proposed request as the requested Special Land Use Permits are related to permanent structures/buildings. 15. Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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The height of proposed buildings would be substantially lower than what is currently approved for on the subject property and nearby buildings. The size and scale of buildings proposed would be consistent with adjacent lots and buildings. A variance will be required to consider the demonstrated multi-family building mass. 16. Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources. There are no such known historic buildings, sites, districts or archaeological resources identified by the applicant, or known by staff, to be on or near this property. 17. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such special land use permit. Supplemental regulations as it relates to the special land use permit requests have been met except for the requirement provided in Section 27-788(e)(3), as it states that no structure is to exceed two hundred fifty (250) feet in length along any elevation of a multi-family building. The applicant must redesign the layout of the proposed multi-family building to be compliant with the aforementioned section of the citys Zoning Ordinance or seek a variance to the requirement. 18. Whether or not the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining lot or building. Negative shadow impact would not be anticipated from this request as all buildings proposed would be of similar height and projection, and a reduction in height from previously approved 18-story office building. 19. Whether the proposed use would result in a disproportionate proliferation of that or similar uses in the subject character area. The proposed use would benefit the surrounding area by providing the availability of additional residential options and reduce the proliferation of similar office uses found in the area. Additionally, the Perimeter Center Livable Centers Initiative study completed in 2002 identified the need for more residential uses to be provided in the immediate area of the subject property and recommended that the subject property be developed for high-density mixed-use development consisting of primarily office with high-density residential uses. 20. Whether the proposed use would be consistent with the needs of the neighborhood or to the community as a whole, be compatible with the neighborhood, and would not be in conflict with the overall objective of the Comprehensive Plan. The proposed development would be consistent with the intent and policies of the comprehensive plan and would be compatible with the established neighborhood and with existing developments found in the area. The applicant has shown on the site plan that a 50foot permanent buffer area would be maintained adjacent to Perimeter Summit Parkway,

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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limiting any potential impacts the proposed development would have on single-family residential dwellings located to the south.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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DEPARTMENT COMMENTS PUBLIC WORKS 1. A Traffic Impact Study for the proposed development would be needed to reveal the specific influences site traffic would have on the adjacent road network. As such, a Traffic Impact Study should be prepared to address traffic impacts of the proposed development at the following locations: a. Ashford Dunwoody Road at Perimeter Summit Parkway/Oak Forrest Drive b. Ashford Dunwoody Road at the two site driveways (one signalized, one unsignalized) 2. The installation of a stormwater management system is required, including detention, water quality, channel protection, and downstream analysis to the 10% point. If the downstream discharge is a City stormwater system, then a capacity analysis is required prior to the issuance of a land disturbance permit. 3. A post construction Stormwater Facility Maintenance Agreement will be required. BROOKHAVEN POLICE DEPARTMENT The City of Brookhaven Police Department has indicated that the development would have an impact on current police services. The requested project would be consistent with current developments existing in the area and impacts traffic and theft (vehicle and office) related calls for service. The Police Department will require monitoring to determine future needs for the area. MARTA MARTA encourages the development of dense mixed use developments within the region, which this proposal clearly represents. This development is roughly nestled less than a mile between the Dunwoody MARTA station and the Medical Center MARTA station. However, MARTA does not currently offer direct service to this development. MARTA is in the early exploratory stages of investigating the feasibility of expanding service in the perimeter area in the future. At this time, MARTA does not foresee any adverse impacts to service or real estate holdings due to this development. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Approval of RZ13-11, SLUP13-01 and SLUP13-02 with conditions.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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STAFF RECOMMENDED CONDITIONS Based upon the findings and conclusions herein, Staff recommends Approval with conditions of RZ13-11 as O-I Conditional as well as SLUP13-01 and SLUP13-02. Should the petition be approved, the Community Development Department recommends the following conditions: 1. The subject property shall be limited to a maximum of 500 units (563,578 gross square feet) distributed over two multi-family buildings, at a maximum residential density of 27.28 units per acre (SLUP13-02). 2. The subject property shall be limited to of 527,206 gross square feet of office and institutional and accessory uses permitted in the O-I zoning district, but excluding the following: cemetery, columbarium, mausoleum, motel, funeral home or mortuary, personal care home, child caring institution, hospice, nursing care facility, late-night establishments and/or nightclubs. 3. The subject property shall be developed in substantial accordance with the plan prepared by The Preston Partnership, LLC, and stamped received November 6, 2013. Any variances required, if authorized by the Zoning Board of Appeals, may result in altering the site plan to the degree necessary to incorporate revisions. 4. The height of nonresidential buildings shall be limited to 10 stories (SLUP13-01). 5. The height of multi-family buildings and all parking decks shall be limited to 5.5 stories and not to exceed 70 feet in height. Parking decks associated with multi-family buildings shall not rise above buildings containing residential units (SLUP13-01). 6. Exterior elevations of the multi-family buildings and associated parking decks shall be constructed primarily of a combination of natural stone masonry, brick, glass and stucco. The balance may be of brick or wood accents, trim or decorations. All elevations shall be subject to review and approval of the Director of Community Development prior to issuance of a building permit. 7. Parking facilities for high-rise apartments shall be located at the interior of the subject property and be surrounded by the associated apartment building and landscaping materials so as to screen parking facilities from view of the rights-of-way, except where left open for vehicular or pedestrian access. 8. Service and refuse facilities shall be located interior of the subject property and must be screened with opaque fencing or similar building material of buildings on the property. 9. All lighting associated with the development shall incorporate a cut-off design and be directed inward and downward, away from the direction of single-family residential dwellings and shall minimize light spillage into the right-of-way.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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10. Signage at the tops of buildings shall be directed away from residential properties to the south (beyond Perimeter Summit Parkway). Internally illuminated signs shall not be installed as to be visible from residential properties to the south. 11. Owner/developer shall complete a combination plat prior to the issuance of a land disturbance permit. 12. Owner/developer shall be required to cure any and all nonconforming lot dimensional aspects as a result of any future land subdivision/transaction via the Zoning Board of Appeals. 13. Owner/developer shall dedicate additional right-of-way along the total property frontages along Ashford Dunwoody Road, Perimeter Summit Parkway and Parkside Place for a minimum width of 12.5 feet from the back of curb of any new curb and gutter along these roads. 14. Owner/developer shall dedicate additional right-of-way for a miter at the intersection of Ashford Dunwoody Road and Perimeter Summit Parkway. Said miter shall measure a minimum of 25 feet along each of the named roadways. 15. Owner/developer shall widen Ashford Dunwoody Road between the northernmost Site Driveway on Ashford Dunwoody and Perimeter Summit Parkway, such that the existing outside southbound lane on Ashford Dunwoody Road coming from I-285 connects continuously to the existing right turn lane at Perimeter Summit Parkway. 16. Owner/developer shall provide a traffic impact analysis, prior to issuance of a Land Disturbance Permit, that addresses the traffic impacts of the development at the following locations: a. Ashford Dunwoody Road at Perimeter Summit Parkway/Oak Forrest Drive b. Ashford Dunwoody Road at the two site driveways (one signalized, one unsignalized) 17. Owner/developer shall incorporate additional conditions that may result from review of the traffic impact analysis/study by the Public Works Director, prior to issuance of a Land Disturbance Permit. 18. Owner/developer shall provide stormwater management in accordance with the City Code and a new stormwater maintenance agreement will be required. Provide any previously approved stormwater management plans for the site. All storm water including detention, water quality, channel protection and downstream analysis shall be addressed at time of Land Disturbance Permit. 19. Owner/developer is responsible for the future development to be compliant with the Georgia Stormwater Management Manual (GSSM) Stormwater Runoff Quality Standard (Water Quality) by providing measures that treat the required Water Quality Volume through evapotranspiration, infiltration and/or evaporation.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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*PLANNING COMMISSION RECOMMENDATION The Planning Commission recommend deferral of RZ13-11, SLUP13-01 and SLUP13-02 ON January 8th 2014 with a request that if granted by the council that the matter be remanded back to the planning commission for additional public hearing. Note: during the February 25th, 2014 Council hearing, the applicant requested deferral to the April 2nd, 2014 planning commission hearing and the April 22, 2014 hearing.

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Attachment: Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (1341 : RZ13-11, SLUP 13-

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Attachment: RZ13-11 Slup 13.01 & 02 Application (1341 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company -

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From: Sent: To: Subject:

Susan Canon Wednesday, January 08, 2014 8:52 AM Ben Song; Becky Apter Fwd: Ashford Green

Sent from my iPhone Begin forwarded message: From: Bill Hightower <bill.hightower@gmail.com> Date: January 7, 2014, 9:47:43 PM EST To: <Susan.Canon@brookhavenga.gov> Subject: Fwd: Ashford Green Reply-To: <bill.hightower@gmail.com> SusanI've sent some of the following info to Rebecca Williams, but wanted to make sure I've passed this info on to you, as well. Just an FYI, I lived in Nancy Creek Heights for just over 6 years and recently moved to Byrnwyck this year...so I'm a resident of the area and familiar with it. Please forward to the appropriate eyes (Planning Commission, Council, etc.) I don't think I will be able to attend the public comment session, but I wanted to make sure I could provide feedback on the proposed development at Ashford Green. As a whole, it is great to see this type development come to our area of Brookhaven. This could be a great thing for our area (although I wish there were plans for dining) and could provide a nice balance between the needs of the neighbors and the commercial interests at PCID. Overall, this is a great development, but I do have some concerns/thoughts regarding the current recommendations from the city on the current plan that I wanted to share. 1) School system. - The impact at the school seems to be the greatest danger of negative impact from this development compared to allowed it to be developed as currently zoned. - There is a large unknown if we don't get the info needed from the school before making a final decision. We can't just punt because DeKalb isn't providing the information in a timely manner. -There has been some discussion in media reports that impact on schools would be mitigated through one bedroom units. I didn't see the one bedroom requirement in the list of conditions provided by the city. I would assume that should be included specifically. -Also, this was also given as a mitigation technique at the Heights at Brookleigh. That was 205 units. Did this work? - How many kids attend MES from Perimeter Summit. That is 330 condos...so it should provide a decent comparable. -Current school enrollment doesn't take into account development already taking place elsewhere in the MES attendance zone.
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Becky Apter

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Again, I'm not opposed to the development per se, but I do think there needs to be a certain level of due diligence in regards to the potential impact on our local schools so that we can minimize the potential for negative impact. I'm just not sure that has been done at this point. 2)Stormwater -As if you needed this clarification, I'm certainly not an expert. -I do have a creek through my backyard that starts roughly at the substation across from the proposed development. (it is on the Brookhaven Flood Map). -This stream can not handle additional storm water run off. It has a system of culverts that could easily be compromised with additional run off. -Also, we need to make sure that no run off from this development goes to the east into Murphey Candler Lake. The lake has enough problems with silt...additional run off from this development would only acerbate the problem. -Assuming all storm water is directed into the branch of Nancy Creek to the west of the development, I'd still be concerned about downstream impact without mitigation being done on the development site and/or at the existing retaining pools. 3) Walkability -Walkability is a big issue in the application...but is the area really walkable? - The walk to the Medical Center station is probably the safest, but is 1.3 miles. -To walk to Perimeter, you either have to cross the DDI and Hammond (which at peak times is no small feat) while walking .8 miles OR you can walk 1.1 miles using the connector bridge (and still cross Hammond) which isn't a ped friendly route due to the lack of shade, sharp grade changes, and noise. -I've personally done both crossings on foot and neither are what I would term "ideal". -In my opinion, what that area really needs to be walkable is a ped-only bridge to the Dunwoody Marta station similar to the Cumberland/Silver comet connector over 285. -This would take more than just the city and the developer working together...but it would certainly be a great time to think about it Benefits of a dedicated pedestrian bridge: (a) You reduce the distance to the station and the mall to ~3000 feet by using a direct connect; (b) You reduce all traffic dangers by removing intersections creating a ped friendly walk; (c) You can use the grade to your advantage by creating a flat bridge path (see the Marta bridge...it is flat and direct...the ped bridge could run parallel to the existing Marta bridge and would be a short crossing and flat); (d) You would also create a ped route for existing residential areas to bike/walk to the mall and points north. Like I said...this is certainly a pie-in-the-sky idea, but if the developer, the PCID, Marta and the surrounding businesses are truly interested in creating a walkable area, there has to be more than sidewalks. This type of connection would benefit the businesses in the PCID and potentially the residents of Brookhaven, Dunwoody, and Sandy Springs. Thanks for your time and understanding. I'm obviously not an expert on these matters, but hopefully this information can prove useful for you and the city in assessing this development and how it can potentially impact our area.
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Attachment: Hightower Email (1341 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company - Rezoning Request from

-By my count, you have 225 new condos/townhomes/SF homes at Brookleigh that are under construction and 68 new town homes by John Weiland behind the Lowes under construction. -It is important not just to look at the impact of 500 new dwellings in this development, but also we must consider the ~290 currently under construction.

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Bill Hightower
Attachment: Hightower Email (1341 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company - Rezoning Request from

This email message (including any attachments) is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message (including any attachments) is strictly prohibited. If you have received this message in error, please contact the sender and destroy all copies of the original message (including attachments). The City of Brookhaven is a public entity subject to the Official Code of Georgia Annotated 501870 to 501876 concerning public records. Email is covered under such laws and thus may be subject to disclosure.

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DeKalb County School District Zoning Review Comments Submitted to: Case #: Name of Development: Location: Description: City of Brookhaven RZ13-11 Ashford Green 4170 Ashford Dunwoody Rd Currently-existing office building with adjacent hotel. A total of 240 owner-occupied units are approved for this site but not built. Applicant seeks to add an additional 260 apartment units with parking. Ben Song, 770-500-8095 Analysis Date: 12/19/2013 Comments Due: 12/18/2013

Impact of Development: Development of 240 currently-approved units plus additional 260 proposed units will have minimal effect of Chamblee HS & Chamblee MS, but will exacerbate overcrowding at Montgomery ES, increasing its overcrowding from 109.2% to 113.4% and require at least one additional portable unit. Current Condition of Schools Capacity Portables (Capacity Need) Portables (Construction) Enrollment Seats Available Utilization (%) Montomery ES 663 2 10 724 -61 109.2% Chamblee MS 1077 0 0 856 221 79.5% Chamblee HS 1695 0 28 1,301 394 76.8%

Currently-Approved Students from currentlyapproved development New Enrollment Seats Available Utilization (%) Proposed Condition(s) Students from proposed development New Enrollment Seats Available Utilization (%) Change from all development Change in enrollment Enrollment Seats Available Utilization (%)

New students based on development of currently-approved 240 owner-occupied units (condos) Montomery ES 5 729 -66 110.0% Chamblee MS 3 859 218 79.8% Chamblee HS Other Schools 5 1,306 389 77.1% 0 Total 13

New students based on development of proposed 260 apartment units Montomery ES Chamblee MS Chamblee HS Other Schools 23 747 -84 112.7% 6 862 215 80.0% 6 1,307 388 77.1% 2

Total 37

New students from development of 500 total units Montomery ES Chamblee MS Chamblee HS Other Schools 28 9 11 2 752 865 1,312 -89 212 383 113.4% 80.3% 77.4%

Total 50

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A&R Engineering Inc.


Attachment: Trip Gen Memo 11.05.13 (1341 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company - Rezoning
2160 Kingston Court, Suite O Marietta, GA 30067 Tel: (770) 690-9255 Fax: (770) 690-9210 www.areng.com

Trip Generation Memorandum


To: John Hancock 197 Clarendon Street, C-3-3 Boston, MA 02116 November 5, 2013 Trip Generation Comparison for proposed Multifamily and Office Buildings

Date: Subject:

The purpose of this memorandum is to determine the trip generation that will result from various development scenarios for the property located at 4170 Ashford Dunwoody Road. The site currently contains a 277,000 square foot office building as well as an existing hotel. Along with the existing buildings, the development proposes two 5-story multifamily residential buildings, totaling 500 individual units, and a 250,000 square foot additional office building. This property is located on the west side of Ashford Dunwoody Road in Dunwoody, GA.

Figure 1: Site Plan

METHODOLOGY The Institute of Transportation Engineers has published data sets for estimating trip generation in the 9th edition of the Institute of Transportation Engineers (ITE) Trip Generation report. This

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ADDITIONAL DATA PROPERTIES The ITE Apartment Land Use data is described as being collected from sites that are: rental dwelling units located within the same building with at least three other dwelling units. The ITE Trip Generation reference also states that the Land Use included data from a wide variety of units with different sizes, price ranges, locations and ages. The peak trips typically coincided with that of the adjacent street traffic. The ITE Residential Condominium Land Use data is described as being ownership units that have at least one other owned unit within the same building structure. Both condominiums and townhouses are included in this land uses data points. The peak trips typically coincided with that of the adjacent street traffic. The General Office Building Land Use data is described as being a location where affairs of business, commercial or industrial organizations, or professional persons or firms are conducted. Transit service was either nonexistent or negligible at the majority of the sites surveyed in this land use; therefore, modifications for TDM strategies may be considered. Average occupancy rates reported from the data sites averaged 88 percent occupied GLA. As in the Apartment land use, the peak trips typically coincided with that of the adjacent street traffic. CALCULATIONS The results of the analysis for the approved zoning conditions, which include a 500,000 square foot office building, are shown in Table 1, using the ITE data.
Table 1 Trip Generation A.M. Peak Hour Enter Exit Total 610 83 693

Land Use Size General Office (500,000 sq. ft.)

Enter 109

P.M. Peak Hour Exit Total 529 638

24-Hour 2-way 4,461

The results of the comparison analysis for a 300,000 square foot office building and 560 unit residential units are shown in Table 2, using the ITE data.
Table 2 Trip Generation Comparison A.M. Peak Hour P.M. Peak Hour Enter Exit Total Enter Exit 350 48 398 61 297 25 101 126 101 54 18 89 107 85 42 -1 -1 -2 -4 -4 392 237 629 243 389

Land Use Size General Office (250,000 sq. ft.) Apartment (250 units) Condominium (250 units) mixed-use reduction Total

Total 358 155 127 -8 632

24-Hour 2-way 2,634 1,639 1,427 -52 5,648

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Attachment: Trip Gen Memo 11.05.13 (1341 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company - Rezoning

reference contains traffic volume count data collected at similar facilities nationwide. The trip generation referenced for this site is based on the following ITE Land Uses: 220 Apartment, 230 Residential Condominium, and 710-General Office Building.

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A 500,000 square foot office building would also have a much larger directional split in its generated traffic. The directional split of entering/exiting traffic could have an important effect on the operations of adjacent roadways that experience heavy traffic in one direction during peak times. A 2012 count on Ashford Dunwoody Rd (north of the I-285 interchange) indicates that 60%-70% of the traffic could be attributed to one direction on the roadway (northbound or southbound) during the peak travel times. A Traffic Impact Study for the proposed development would be needed to reveal the specific influences site traffic would have on the adjacent road network. ADDITIONAL INFORMATION As part of this memorandum, annual average daily traffic volumes were collected from Georgia Department of Transportation traffic counter #3585. The traffic counter nearest to the site was used to determine the annual average daily traffic in the surrounding area. Traffic volumes for 2011 and 2012 are listed below in Table 3.
Table 3 Average Annual Daily Traffic (Counter #3585) Year 2011 2012 Volume 19,090 19,420

The location of the traffic counter shown below in Figure 2, is located on Ashford Dunwoody Road south of I-285 and east of GA-400.

GDOT COUNTER #3585

SITE LOCATION

Figure 2: Location of Traffic Counter #3585

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Attachment: Trip Gen Memo 11.05.13 (1341 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company - Rezoning

FINDINGS The results of the trip generation for each scenario indicate that the proposed 250,000 square foot office in addition to the 500 unit multifamily development will generate more 24-hour traffic than a 500,000 square foot office building alone. It should be noted, however, that a 500,000 square foot office building will have a higher amount of total traffic during the morning and evening peak hours than the proposed mixed-use plan.

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council Community Development

ISSUE/AGENDA ITEM TITLE: RZ13-11- John Hancock Life Insurance Company - Rezoning Request from O-I Conditional (Office-Institution) to O-I at 4170 Ashford Dunwoody Road. Mixed Use Development Consisting of 500 Multi-Family Units (563,578 Sf), 250,000 Square Feet of Office Space, and Three Parking Decks. BACKGROUND/SUMMARY: FISCAL IMPACT: (Budgeted over or under)
N/A - Intended for City Budgetary Discussion Items

STAFF RECOMMENDATION: ATTACHMENTS:


Zoning Ordinance Resolution_RZ13-11_4.22 (PDF)

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Ordinance ORD-2014-01-01

Meeting of April 22, 2014

Please see the attached.

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STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2013-XX-XX
Attachment: Zoning Ordinance Resolution_RZ13-11_4.22 (ORD-2014-01-01 : RZ13-11- John Hancock Life Insurance Company-4170 Ashford

AN ORDINANCE TO AMEND THE CITY OF BROOKHAVEN ZONING CLASSIFICATION AND MAP FOR ZONING CONDITIONS OF LAND LOTS 329 and 330, District 18 IN CONSIDERATION OF ZONING CASE RZ-13-11 (4170 Ashford Dunwoody Road and 4106 Lake Hearn Drive) WHEREAS: John Hancock Life Insurance Company, Inc. seeks permission to rezone and change zoning conditions on a property located on the west side of Ashford Dunwoody Road and bounded by Lake Hearn Drive to the north, Parkside Place to the west and Perimeter Summit Parkway to the south; and the Property, consisting of 18.33 acres of land, is currently zoned O-I Conditional (Office-Institution), and the applicant seeks permission to change conditions and rezone said Property to O-I for a mixed-use development consisting of 500 multifamily units, 250,000 square feet of new office space in addition to 277,206 of office spaces existing on the property; and the proposed mixed-use development would be consistent with the policy and intent of the Comprehensive Plan of DeKalb County, adopted as the Citys initial Comprehensive Plan, subject to some mitigating conditions as indicated below; and notice to the public regarding said rezoning has been duly published in The DeKalb Champion, the Official News Organ of the City of Brookhaven; and a public hearing was held by the Mayor and City Council of the City of Brookhaven as required by the Zoning Procedures Act.

WHEREAS:

WHEREAS,

WHEREAS:

WHEREAS:

NOW THEREFORE, The Mayor and City Council of the City of Brookhaven hereby ORDAINES AND APPROVES the rezoning of this said property from O-I Conditional to O-I Conditional, with the following conditions: 1. The subject property shall be limited to a maximum of 500 units (563,578 gross square feet) distributed over two multi-family buildings, at a maximum residential density of 27.28 units per acre (SLUP13-02). 2. The subject property shall be limited to of 527,206 gross square feet of office and institutional and accessory uses permitted in the O-I zoning district, but excluding the following: cemetery, columbarium, mausoleum, motel, funeral home or mortuary, personal care home, child caring institution, hospice, nursing care facility, late-night establishments and/or nightclubs. 3. The subject property shall be developed in substantial accordance with the plan prepared by The Preston Partnership, LLC, and stamped received November 6, 2013. Any variances required, if authorized by the Zoning Board of Appeals, may result in altering the site plan to the degree necessary to incorporate revisions. 4. The height of nonresidential buildings shall be limited to 10 stories (SLUP13-01).

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STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2013-XX-XX
Attachment: Zoning Ordinance Resolution_RZ13-11_4.22 (ORD-2014-01-01 : RZ13-11- John Hancock Life Insurance Company-4170 Ashford

5. The height of multi-family buildings and all parking decks shall be limited to 5.5 stories and not to exceed 70 feet in height. Parking decks associated with multifamily buildings shall not rise above buildings containing residential units (SLUP1301). 6. Exterior elevations of the multi-family buildings and associated parking decks shall be constructed primarily of a combination of natural stone masonry, brick, glass and stucco. The balance may be of brick or wood accents, trim or decorations. All elevations shall be subject to review and approval of the Director of Community Development prior to issuance of a building permit. 7. Parking facilities for high-rise apartments shall be located at the interior of the subject property and be surrounded by the associated apartment building and landscaping materials so as to screen parking facilities from view of the rights-ofway, except where left open for vehicular or pedestrian access. 8. Service and refuse facilities shall be located interior of the subject property and must be screened with opaque fencing or similar building material of buildings on the property. 9. All lighting associated with the development shall incorporate a cut-off design and be directed inward and downward, away from the direction of single-family residential dwellings and shall minimize light spillage into the right-of-way. 10. Signage at the tops of buildings shall be directed away from residential properties to the south (beyond Perimeter Summit Parkway). Internally illuminated signs shall not be installed as to be visible from residential properties to the south. 11. Owner/developer shall complete a combination plat prior to the issuance of a land disturbance permit. 12. Owner/developer shall be required to cure any and all nonconforming lot dimensional aspects as a result of any future land subdivision/transaction via the Zoning Board of Appeals. 13. Owner/developer shall dedicate additional right-of-way along the total property frontages along Ashford Dunwoody Road, Perimeter Summit Parkway and Parkside Place for a minimum width of 12.5 feet from the back of curb of any new curb and gutter along these roads. 14. Owner/developer shall dedicate additional right-of-way for a miter at the intersection of Ashford Dunwoody Road and Perimeter Summit Parkway. Said miter shall measure a minimum of 25 feet along each of the named roadways. 15. Owner/developer shall widen Ashford Dunwoody Road between the northernmost Site Driveway on Ashford Dunwoody and Perimeter Summit Parkway, such that the existing outside southbound lane on Ashford Dunwoody Road coming from I-285 connects continuously to the existing right turn lane at Perimeter Summit Parkway. 16. Owner/developer shall provide a traffic impact analysis, prior to issuance of a Land Disturbance Permit, that addresses the traffic impacts of the development at the following locations: a. Ashford Dunwoody Road at Perimeter Summit Parkway/Oak Forrest Drive
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STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2013-XX-XX
Attachment: Zoning Ordinance Resolution_RZ13-11_4.22 (ORD-2014-01-01 : RZ13-11- John Hancock Life Insurance Company-4170 Ashford

b. Ashford Dunwoody Road at the two site driveways (one signalized, one unsignalized) 17. Owner/developer shall incorporate additional conditions that may result from review of the traffic impact analysis/study by the Public Works Director, prior to issuance of a Land Disturbance Permit. 18. Owner/developer shall provide stormwater management in accordance with the City Code and a new stormwater maintenance agreement will be required. Provide any previously approved stormwater management plans for the site. All storm water including detention, water quality, channel protection and downstream analysis shall be addressed at time of Land Disturbance Permit. 19. Owner/developer is responsible for the future development to be compliant with the Georgia Stormwater Management Manual (GSSM) Stormwater Runoff Quality Standard (Water Quality) by providing measures that treat the required Water Quality Volume through evapotranspiration, infiltration and/or evaporation. The City of Brookhaven Zoning Map shall be changed to reflect said rezoning. SO ORDAINED AND EFFECTIVE, this the ___ day of ________________, 2014. Approved by: _________________________ J. Max Davis, Mayor Approved as to Form and Content _______________________ Thompson Kurrie, Jr., City Attorney

Attest: ________________________ Susan Hiott, City Clerk

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: SLUP 13-01: To Exceed the Height of All Buildings and Structures Above 5 Stories and 70 Feet (4170 Ashford Dunwoody Road and 4106 Lake Hearn Drive.) (Planning Commission Recommended Deferral to the City Council and If Deferred by Council that the Cases be Remanded Back to Planning Commission for an Additional Public Hearing.) BACKGROUND/SUMMARY:

STAFF RECOMMENDATION: ATTACHMENTS:


Zoning Ordinance Resolution_SLUP13-01_4.17 (PDF)

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Ordinance ORD-2014-01-02

Meeting of April 22, 2014

Please see attached.

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STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2013-XX-XX
Attachment: Zoning Ordinance Resolution_SLUP13-01_4.17 (ORD-2014-01-02 : SLUP 13-01: To Exceed the Height of All Buildings and

AN ORDINANCE TO AMEND THE CITY OF BROOKHAVEN ZONING CLASSIFICATION AND MAP FOR ZONING CONDITIONS OF LAND LOTS 329 and 330, District 18 IN CONSIDERATION OF SPECIAL LAND USE PERMIT CASE SLUP13-01 TO EXCEED THE HEIGHT OF ALL BUILDINGS AND STRUCTURES ABOVE 5 STORIES AND 70 FEET (4170 Ashford Dunwoody Road and 4106 Lake Hearn Drive) WHEREAS: John Hancock Life Insurance Company, Inc. seeks a Special Land Use Permit to exceed the height of all buildings and structures above 5 stories and 70 feet; and notice to the public regarding said rezoning has been duly published in The DeKalb Champion, the Official News Organ of the City of Brookhaven; and a public hearing was held by the Mayor and City Council of the City of Brookhaven as required by the Zoning Procedures Act.

WHEREAS:

WHEREAS:

NOW THEREFORE, The Mayor and City Council of the City of Brookhaven hereby ORDAINES AND APPROVES the Special Land Use Permit for this said property with the following conditions: 1. The height of nonresidential buildings shall be limited to 10 stories (SLUP13-01). 2. The height of multi-family buildings and all parking decks shall be limited to 5.5 stories and not to exceed 70 feet in height. Parking decks associated with multifamily buildings shall not rise above buildings containing residential units (SLUP1301). SO ORDAINED AND EFFECTIVE, this the ___ day of ________________, 2014. Approved by: _________________________ J. Max Davis, Mayor Approved as to Form and Content _______________________ Thompson Kurrie, Jr., City Attorney

Attest: ________________________ Susan Hiott, City Clerk

SEAL

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: SLUP 13-02: To Develop High-Rise Apartments in the O-I Zoning District (4170 Ashford Dunwoody Road and 4106 Lake Hearn Drive.) (Planning Commission Recommended Deferral to the City Council and If Deferred by Council that the Cases be Remanded Back to Planning Commission for an Additional Public Hearing.) BACKGROUND/SUMMARY:

STAFF RECOMMENDATION: ATTACHMENTS:


Zoning Ordinance Resolution_SLUP13-02_4.17 (PDF)

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AN ORDINANCE TO AMEND THE CITY OF BROOKHAVEN ZONING CLASSIFICATION AND MAP FOR ZONING CONDITIONS OF LAND LOTS 329 and 330, District 18 IN CONSIDERATION OF SPECIAL LAND USE PERMIT CASE SLUP13-02 TO DEVELOP HIGH-RISE APARTMENTS IN THE O-I ZONING DISTRICT (4170 Ashford Dunwoody Road and 4106 Lake Hearn Drive) WHEREAS: John Hancock Life Insurance Company, Inc. seeks a Special Land Use Permit to develop high-rise (multifamily) apartments in the O-I zoning district; and notice to the public regarding said rezoning has been duly published in The DeKalb Champion, the Official News Organ of the City of Brookhaven; and a public hearing was held by the Mayor and City Council of the City of Brookhaven as required by the Zoning Procedures Act.

WHEREAS:

WHEREAS:

NOW THEREFORE, The Mayor and City Council of the City of Brookhaven hereby ORDAINES AND APPROVES the Special Land Use Permit for this said property with the following conditions: 1. The subject property shall be limited to a maximum of 500 units (563,578 gross square feet) distributed over two multi-family buildings, at a maximum residential density of 27.28 units per acre (SLUP13-02). SO ORDAINED AND EFFECTIVE, this the ___ day of ________________, 2014. Approved by: _________________________ J. Max Davis, Mayor Approved as to Form and Content _______________________ Thompson Kurrie, Jr., City Attorney

Attest: ________________________ Susan Hiott, City Clerk

SEAL

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Attachment: Zoning Ordinance Resolution_SLUP13-02_4.17 (ORD-2014-01-03 : SLUP 13-02: To Develop High-Rise Apartments in the O-I Zoning

STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2013-XX-XX

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: SLUP14-01: Mohamed Kedir - Request to Locate a Late Night Establishment Within 1500 Feet of Residentially Zoned Property at 3337 Buford Highway #340 C/D BACKGROUND/SUMMARY: Please see attached files. FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: Please see attached files. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended DENIAL. ATTACHMENTS:
Staff Recommendation SLUP14-01 - Incorporated PC recommendation-sc (PDF) SLUP14-01 Application SLUP14-01 Site Plan (PDF) (PDF) (PDF)

OppositionComments_4.2PlanningCommission

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Attachment: SLUP14-01 Site Plan (1342 : SLUP14-01: Mohamed Kedir - Request to Locate a Late Night Establishment Within 1500 Feet of Resident)

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Rezoning Petition: Date of Staff Recommendation Preparation: Planning Commission Public Hearing Date: *Revised to Incorporate Planning Commission Recommendation: Mayor and City Council Public Hearing Date:

SLUP14-01 March 26, 2014 April 2, 2014 April 3, 2014 April 22, 2014

Project Name /Applicant: Property Location: District/Land Lot: Acreage: Existing Zoning: Proposed Zoning: Future Development Map Designation: Owner/Petitioner: Owner/Petitioners Intent:

Mohamed Kedir 3337 Buford Highway 18th District, Land Lot 197 41.182 acres M (Industrial) M (Industrial) Commercial Redevelopment Corridor Brixmor/IA Northeast Plaza, LLC Special Land Use Permit to allow a late-night establishment within 1,500 feet of a residentially zoned property.

Community Development Department Recommendation Approval with Conditions *PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial.

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Attachment: Staff Recommendation SLUP14-01 - Incorporated PC recommendation-sc (1342 : SLUP14-01: Mohamed Kedir - Request to Locate

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Location Map

BACKGROUND The subject property is located at the southeast corner of Buford Highway and Briarwood Road within an existing shopping center known as Northeast Plaza. The center was built in 1957 and last renovated in 1986. The property contains 466,000 square feet of leasable space that is primarily occupied by Goodwill, discount retailers, an ethnic supermarket and numerous ethnic restaurants. Along the frontage of Buford Highway there are several outparcels that are occupied by an assortment of fast food restaurants. The submitted site plan demonstrates that the property maintains over 500 surface parking spaces in front of the main shopping center. According to the applicant, existing surface parking is shared among the tenants and shared parking provisions will be preserved with the proposed use. The site is currently zoned M (Industrial) and is surrounded by RM-75 (Multi-Family Residential), M (Industrial) and C-1 (commercial) zoning districts. The applicant proposes to open a restaurant and late-night establishment within a vacant 3,448 square foot space of the shopping center. According to the applicants letter of intent, the use will be an Ethiopian restaurant during the day and transition into a lounge during the late night hours. The applicant has indicated in the letter of intent that the business will employ a live DJ to play music after midnight and the music will be played at levels low enough for customers to hear and enjoy conversation. The overall space will consist of a dining area, bar, kitchen, two offices and a storage area. According to the applicant, there will not be a dance floor or dancing at the

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location, and will not function as a nightclub. Given the proposed size, the applicant expects to accommodate 75 to 100 people on any given day. Section 27-620(c)(8) states a special land use permit is required for late-night establishments that are less than 1,500 feet from a residential property. A late-night establishment as defined by the Zoning Ordinance, is any establishment licensed to dispense alcoholic beverages for consumption on the premises where such establishment is open for use by patrons beyond 12:30 a.m.. Based upon the applicant submitted boundary survey, the subject property directly abuts an existing apartment complex to the south (Villas at Druid Hills). The nearest apartment building is set back 30 feet from the boundary line of the shopping center. However, based on a linear measurement from the proposed unit, the closest apartment building is located 843 feet (South) and nearest single-family detached dwelling is 1,684 feet (Northwest) from the proposed use. NEARBY/SURROUNDING LAND ANALYSIS Nearby/surrounding properties Across Briarwood Road: North Across Briarwood Road: North Adjacent: West (Out Parcels) Across Buford Highway: West Adjacent: West Across Briarwood Road: East Zoning C-1 RM-75 C-1 NS and C-1 M RM-75 Current Land Use(s) Commercial Lenox Overlook Commercial Neighborhood Shopping and Commercial Institutional (Brookhaven Islamic Center) Multi-Family Residential (Hamptons at Lenox) Multi-Family Residential (Villas at Druid Hills) Multi-Family Residential (Stonecreek at Druid Hills)

Adjacent: South South

RM-75 RM-75

CRITERIA TO BE APPLIED SPECIAL LAND USE PERMIT 1. Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located. The subject property currently includes a shopping center that contains 466,000 square feet on 41.182 acres. The proposed late-night establishment would occupy a vacant unit within the shopping center. Therefore, it would appear that the size of the site and land area is

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adequate for the proposed use. Additionally, sufficient parking for the use would be provided, as 500 parking spaces are available on the property. 2. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district. The subject property is located within a multi-cultural neighborhood that includes a mix of ethnic restaurants, bars, supermarkets, and other commercial uses. Given the surrounding mix of uses, the proposed restaurant and lounge would be compatible with the uses established in the area. 3. Adequacy of public services, public facilities, and utilities to serve the use contemplated. The proposed use would be located within an existing shopping center and occupy a vacant unit. Adequate public services and utilities would be available to serve the proposed use. 4. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly increase traffic and create congestion in the area. Buford Highway is designated as a major state highway that services the flow of traffic to and from the shopping center. The road exists as a seven lane thoroughfare along the frontage of the property which would provide the necessary traffic-carrying capacity to support the proposed use. 5. Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or the volume of traffic generated by the proposed use. Based on the request for a dual use of a restaurant and lounge, much of the traffic generated interior of the shopping center would be limited to late night hours after surrounding businesses are closed. Therefore, it does not appear that the access routes will be adversely affected. 6. Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency. There are multiple access points off Buford Highway to the subject property. There are three primary entrances to the shopping center, two on Buford Highway and one off Briarwood Road, which would provide for safe access of fire and other emergency apparatuses into the property. The frontage of the property was developed without sidewalks along Buford Highway and may pose potential hazards for pedestrians; however, interior to the shopping center there are adequate pedestrian walkways and sidewalks. 7. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use.

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The applicant has stated in the letter of intent that the volume level within the occupied space would be controlled to allow for customers to speak and hear one another. Additionally, the applicant has indicated that a professional sound technician would be engaged to analyze noise levels to minimize the impact of noise on adjacent and nearby residences. Staff would note that the applicant would be responsible for compliance with the citys Noise Ordinance (Chapter 16, Article VII). The proposed use would occur within an enclosed tenant space and would not create adverse impacts associated with smoke, odor, vibration or dust. 8. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use. The applicant seeks to operate a late-night establishment, allowing for the consumption of alcohol on the premise beyond 12:30 a.m. Without proper conditions, controlling the hours of operation the proposed use may not adversely impact adjoining land uses. 9. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use. As a late-night establishment, the proposed use may cause minor traffic impacts and additional noise to the immediate shopping center development. Given the unit will be more than 800 feet away from the nearest residence, it appears that the proposed use may not impact nearby residential neighborhoods. Furthermore, as most adjoining businesses would be closed by 10 p.m., the manner of operation may not adversely impact adjoining tenants. 10. Whether or not the proposed plan is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located. The proposed use would occupy a vacant unit within an existing shopping center and would be consistent with the requirements of the zoning district. 11. Whether or not the proposed use is consistent with the policies of the Comprehensive Plan. The subject property is identified on the Future Development Map in DeKalb Countys Comprehensive Plan (adopted by the City of Brookhaven) as a Commercial Redevelopment Corridor Character Area. Under the Plan, the intent of the Character Area is to promote the redevelopment of declining and vacant commercial corridors. The proposed development would be consistent with the policies of the Comprehensive Plan as the proposed use would occupy a vacant space within the shopping center. 12. Whether or not the proposed plan provides for all required buffer zones and transitional buffer zones where required by the regulations of the district in which the use is proposed to be located.

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The shopping center is existing and does not appear to provide the required transitional buffer. The proposed late-night establishment would occupy an existing tenant space. No alterations or changes are proposed as part of this request to the subject property or exterior of the shopping center. 13. Whether or not there is adequate provision of refuse and service area. It appears there are adequate provisions of refuse and service areas located along the rear portion of the shopping center. 14. Whether the length of time for which the special land use permit is granted should be limited in duration. The City of Brookhaven has begun the process of developing a Buford Highway Improvement Plan and limiting the duration of the proposed use not to exceed five years as requested by the applicant would be appropriate, if the request is to be granted. 15. Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings. There will be no change to the size, scale, and massing of the establishment. 16. Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources. There are no such known historic buildings, sites, districts or archaeological resources identified by the applicant, or known by staff, to be on or near this property. 17. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such special land use permit. It appears that the supplemental regulations as it relates to the requested special land use permit for a late-night establishment have been met. 18. Whether or not the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining lot or building. No changes are proposed to the height of the existing building as the proposed use would occupy a vacant tenant space within the existing shopping center. It appears that a negative shadow will not occur. 19. Whether the proposed use would result in a disproportionate proliferation of that or similar uses in the subject character area.

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The applicant has requested a special land use permit for a late-night establishment as it relates to the subject propertys close proximity to residential uses; however, the proposed use would consist of two primary functions, as an Ethiopian restaurant and also as a lounge. Although there may be a disproportionate proliferation of restaurants in the area, restaurants that look to specifically service the Ethiopian community or offer Ethiopian cuisine are very few. Due to the built environment, residential uses surrounding the exterior of existing commercial uses, and Buford Highway being a major thoroughfare, more commercial uses such as the proposed lounge/late-night establishment are typically located adjacent to the Buford Highway corridor. 20. Whether the proposed use would be consistent with the needs of the neighborhood or to the community as a whole, be compatible with the neighborhood, and would not be in conflict with the overall objective of the Comprehensive Plan. The proposed use appears to be consistent with the intent and policies of the Comprehensive Plan, and compatible with the established multi-cultural neighborhood and with existing developments found in the area. DEPARTMENT COMMENTS PUBLIC WORKS No comment. DEKALB COUNTY FIRE DEPARTMENT No concerns have been expressed by the DeKalb County Fire Department. BROOKHAVEN POLICE DEPARTMENT The Brookhaven Police Department has stated that complaints have been received from residential areas along Buford Highway relating to noise. The Department stated it would strongly encourage the applicant to comply with the requirements of the citys Noise Ordinance (Chapter 16) as the proposed use as a late-night establishment where they will have a live DJ playing music after midnight. The Department recommends earlier closing times comparable to surrounding areas so that there is no future expectation of current extended hours, especially since they are requesting this for a five-year time period. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Approval of SLUP14-01with conditions.

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STAFF RECOMMENDED CONDITIONS Based upon the findings and conclusions herein, Staff recommends Approval with conditions of SLUP14-01. Should the petition be approved, the Community Development Department recommends the following conditions: 1. The use of the subject property shall be limited to a late-night establishment (restaurant and lounge) and be limited to a closing time of 2 a.m. 2. The use of the subject property for a nightclub shall be prohibited. 3. Operation of the subject property for a late-night establishment shall be limited to the applicant and if the business is sold or transferred to another entity/owner the special land use permit shall be void and terminated. 4. The Special Land Use Permit allowing for use of a late-night establishment shall expire five (5) years from the date of approval.

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: SLUP14-01: Mohamed Kedir - Request to Locate a Late Night Establishment Within 1500 Feet of Residentially Zoned Property at 3337 Buford Highway #340 C/D BACKGROUND/SUMMARY:

STAFF RECOMMENDATION: ATTACHMENTS:


Draft_Zoning Ordinance Resolution_SLUP14-01_Approval_4.17 (PDF)

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AN ORDINANCE TO AMEND THE CITY OF BROOKHAVEN ZONING CLASSIFICATION AND MAP FOR ZONING CONDITIONS OF LAND LOT(S) 197, District 18 IN CONSIDERATION OF ZONING CASE SLUP14-01 (3337 Buford Highway) WHEREAS: Mohamed Kedir, seeks a Special Land Use Permit to the property to allow a late-night establishment within 1,500 feet of a residentially zoned property; and The Property, consisting of 41.182 acres of land, is currently zoned M (Industrial); and The proposed Special Land Use Permit would be consistent with the policy and intent of the Comprehensive Plan of DeKalb County, adopted as the Citys initial Comprehensive Plan, subject to mitigating conditions as indicated below; and Notice to the public regarding said rezoning has been duly published in The DeKalb Champion, the Official News Organ of the City of Brookhaven; and A public hearing was held by the Mayor and City Council of the City of Brookhaven as required by the Zoning Procedures Act.

WHEREAS: WHEREAS,

WHEREAS:

WHEREAS:

NOW THEREFORE, The Mayor and City Council of the City of Brookhaven hereby ORDAINES AND APPROVES the Special Land Use Permit, with the following conditions: 1. The use of the subject property shall be limited to a late-night establishment (restaurant and lounge) and be limited to a closing time of 2 a.m. 2. The use of the subject property for a nightclub shall be prohibited. 3. Operation of the subject property for a late-night establishment shall be limited to the applicant and if the business is sold or transferred to another entity/owner the special land use permit shall be void and terminated. 4. The Special Land Use Permit allowing for use of a late-night establishment shall expire five (5) years from the date of approval.

SO ORDAINED AND EFFECTIVE, this the ___ day of ________________, 2014. Approved by: _________________________ J. Max Davis, Mayor Approved as to Form and Content _______________________ Thompson Kurrie, Jr., City Attorney

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Attachment: Draft_Zoning Ordinance Resolution_SLUP14-01_Approval_4.17 (ORD-2014-04-04 : SLUP14-01: Mohamed Kedir - Request to Locate

STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2014-XX-XX

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Attest: ________________________ Susan Hiott, City Clerk

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STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2014-XX-XX

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: RZ14-01 - Rockhaven Homes, LLC - Rezoning Request from R-NCD to RA-8 to Construct a 27-Lot Single Family Detached Subdivision for Property Located at E. Roxboro Road (1937, 1969, 1971, 1945, 1961, 1953); 1125 Wright Avenue; N. Druid Hills Road (1739, 1741, 1785, 1775, 1767, 1759, 1747, 1735) BACKGROUND/SUMMARY: Please see attached files. FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: Please see attached files. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval with conditions. ATTACHMENTS:
Staff Recommendation RZ14-01 - incorporate PC recommendation_sc RZ14-01 Application Property Owner certs School Comments (PDF) Site Plan(PDF) RZ14-01.SupportComment_PC4.2 (PDF) (PDF) (PDF) (PDF)

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Date of Staff Recommendation Preparation: Planning Commission Public Hearing Date: *Revised to Incorporate Planning Commission Recommendation: Mayor and City Council Public Hearing Date: Project Name /Applicant: Property Location: Rockhaven Homes, LLC

March 26, 2014 April 2, 2014 April 3, 2014 April 22, 2014

1937, 1945, 1953, 1961, 1969 & 1971 East Roxboro Road; 1125 Wright Avenue; 1735, 1739, 1741, 1747, 1759, 1767, 1775 & 1785 North Druid Hills Road 18th District, Land Lot 199 6.24 acres R-NCD (Residential Neighborhood Conservation District) R-A8 (Single-Family Residential)

District/ Land Lot Acreage: Existing Zoning: Proposed Zoning:

Future Development Map Designation: Suburban Owner(s): James O. Grier (1735 & 1747 North Druid Hills Road); George Brown (1759 North Druid Hills Road); Warren & Judith Rutter Revocable Living Trust (1767 North Druid Hills Road); Thomas & Kimberly Rowe (1775 North Druid Hills Road); L. Franklin Shirley (1785 North Druid Hills Road & 1937 East Roxboro Road); John W. Lewis (1945 East Roxboro Road); Nancy E. Palenski (1953 East Roxboro Road); Sean & Steffaney McInerney (1961 East Roxboro Road); Craig W. Zimmerman (1969 East Roxboro Road); Stanley & Gail Ann Dunwell (1971 East Roxboro Road); Avrie Wright (1125 Wright Avenue)

Owner/Petitioners Intent: Develop a 27-lot single-family detached subdivision Community Development Department Recommendation: Approval with conditions *PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval with conditions.

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Rezoning Petition:

RZ14-01

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BACKGROUND The site is currently comprised of fifteen (15) single-family lots and the total area proposed for rezoning is 6.24 acres. The subject property is zoned R-NCD (Residential Neighborhood Conservation District) Conditional and is bounded by Wright Avenue to the north, East Roxboro Road to the west, North Druid Hills Road to the east, and Goodwin Road to the south. The site is surrounded by single-family detached homes on all sides and is adjacent to R-60 (Single-Family Residential District) zoned property to the northwest, and surrounded by R-A8 (Single-Family Residential District) and R-75 (Single-Family Residential District) to the north (across Wright Avenue) and east (across North Druid Hills Road), and R-85 to the west (across East Roxboro Road) and south (across Goodwin Road). The existing fifteen (15) single-family lots are located inside the boundary of a master planned development which in 2011 was rezoned to R-NCD by DeKalb County, pursuant to Z-10-16128. The planned development was intended to assemble all residential properties located south of Wright Avenue, west of North Druid Hills Road, north of Goodwin Road and east of East Roxboro Road, for construction of 45 single-family detached condominiums spread over 8.33 acres, resulting in a density of 5.40 dwelling units per acre. To date, the property assemblage has not come to fruition. The staff notes the northwest portion of the original R-NCD site was approved for rezoning in 2013 by the City of Brookhaven to R-60, for development of a ten (10) lot subdivision with a density of 4.63 dwelling units per acre.

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Location Map

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The submitted site plan indicates that the proposed lot size would range from 6,024 square feet to 11,697 square feet and lot frontage would range from 60 feet to approximately 109 feet. Twentytwo (22) of the 27 lots are proposed to be rear loaded and face the exterior rights-of-way. A single lot (lot 26) would front on Wright Avenue, 11 lots will front North Druid Hills Road, 3 lots will front Goodwin Road and 7 lots will be fronting East Roxboro Road. The remaining five lots will front and have access from an internal public street. The proposed development will have one access point off Wright Avenue, which will provide access to the rear loaded lots in conjunction with a 20-foot alley or 16-foot wide access easement (specifically for lots 13, 14, 19, 20 and 21). Also proposed by the applicant is a pocket park that would be nestled between lots 25 and 26. The applicant has included a note on the site plan, indicating that a stormwater facility will be implemented underground to mitigate stormwater runoff associated with the proposed development. The submitted site plan shows that lots 1 through 11 and lots 15 through 21 have been designed with the intent of dedicating right-of-way to the city, as the applicant has identified a 30-foot wide portion of land adjacent to East Roxboro Road and North Druid Hills Road. Based on the submitted site plan, the applicant will seek a variance from the Zoning Board of Appeals to reduce the 30 foot rear yard setback to 15 feet, with the intent of positioning the proposed homes as far away as possible from the right-of-way on which each lot has frontage. NEARBY/SURROUNDING LAND ANALYSIS Nearby/surrounding properties Adjacent: North and West Across Wright Avenue: North Across North Druid Hills: East Across North Druid Hills: East East Across East Roxboro Road: West Across Goodwin Road: South South Zoning R-60 R-A8 R-A8 R-75 R-A8 R-85 R-85 R-A5 Current Land Use(s) Single-Family Residential Single-Family Residential (Devereaux Commons) Single-Family Residential Single-Family Residential Single-Family Residential (Lenox Cove) Single-Family Residential Single-Family Residential Single-Family Residential Density (Dwelling Units per Acre) 4.63 3.74 7.55 1.88 6.67 2.1 1 5.35

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The applicant requests to rezone the subject property from R-NCD to R-A8 to construct a twenty-seven (27) lot single-family detached subdivision with a proposed density of 4.33 dwelling units per acre. The R-A8 zoning district requires each lot to maintain a minimum lot size of 6,000 square feet, lot frontage of sixty (60) feet, and maximum lot coverage of fifty (50) percent and a maximum density of eight (8) dwelling units per acre.

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1. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan? The subject property is identified on the Future Development Map in DeKalb Countys Comprehensive Plan (adopted by the City of Brookhaven) as a Suburban Character Area. The Plan indicates that the intent of the Suburban Character Area is to encourage new development aligned with traditional suburban land use patterns to increase connectivity and accessibility. The proposed density for the character area is up to 8 dwelling units per acre. The applicant has proposed a single-family detached subdivision that is similar in land use and character as the surrounding area with a density of 4.33 units per acre. The proposed density is compatible with the established densities found in the area. Additionally, the Suburban Character Area identifies several community objectives and implementation measures open space preservation and context sensitive design that would be applicable to the requested development. Lot 27, as identified in the site plan, would be separated from the linear row of lots and inconsistent with lot patterns found in the area. A redesign and reclassification of lot 27 from a residential lot to a central pocket park for the proposed development would be in keeping with development patterns found in the area and with the intent of the character area as it will lead to open space preservation and help to foster a sense of place for the neighborhood. Creating a central common area would be in keeping with traditional neighborhood design principles as majority of the proposed lots would face the exterior rights-of-way with the rear of the homes facing internally to the site, in view of lot 27. Furthermore, lot 27 is proposed to be located in between two 20-foot alleys providing turnaround access for vehicles and fire/emergency apparatuses. Providing for a clear view of vehicle movement without the hindrance of a tall residential structure would help to alleviate any safety concerns with the alleys. Therefore, the Community Development Department would support development of the proposed subdivision for 26 single-family detached residential lots, and would recommend that a central pocket park be established in place of lot 27 which would lower the density to 4.17. 2. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties? The proposal to rezone to R-A8 would be compatible with uses and densities found in the area, as similar R-A8 zoned developments have been established to the north and northeast of the property. Additionally, creating a pocket park in the location of lot 27 would provide added open space for the area. 3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned? It appears the subject property has a reasonable economic use as currently zoned. However, with the approval of RZ13-06 (Wright Avenue and East Roxboro Road) and the R-NCD

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REVIEW STANDARDS AND FACTORS

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4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed single-family subdivision may not adversely affect adjacent or nearby properties and appear to be compatible consistent with surrounding land use patterns. 5. 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 subject property was approved in 2011 for a single-family development consisting of detached condominiums with a density of 5.64 units per acre. In 2013, pursuant to RZ13-06, the northwest portion of the master plan was rezoned to R-60 for 10 single-family detached lots with a density of 4.63 units per acre. The proposed development is also planned for single-family detached uses with a density of 4.33 units per acre, which is compatible with existing development patterns. Replacing lot 27 with a pocket park would further reduce the density to 4.17 units per acre and will also be in keeping with the original R-NCD approval, which required the establishment of greenspace on the property, providing further supporting grounds for approval of the request. 6. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources? There are no such known historic buildings, sites, districts or archaeological resources identified by the applicant, or known by staff, to be on or near this property. 7. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is staffs opinion that the proposed may not cause excessive burden on utilities or schools. Staff has requested mitigation as a result of the impact on existing streets and transportation facilities. East Roxboro Road and North Druid Hills Road, and to a lesser extent Goodwin Road, are well-travelled thoroughfares through this part of the city. The applicant has proposed that although 22 of the 27 lots would front on exterior thoroughfares, the development would have one access point off Wright Avenue, thereby eliminating direct vehicle interaction between these homes and the heavily travelled thoroughfares. Even so, the proposed development would increase traffic and utility capacity. To date, the City of Brookhaven has not received a response from DeKalb County Watershed Department.

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approval conditioned to a site plan, the development potential of the site would be impacted relative to access, greenspace, and site layout.

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PUBLIC WORKS 1. East Roxboro Road and North Druid Hills Road are designated as Major Thoroughfares (100 R/W). 2. Goodwin Road is a local road with 60 feet of existing right-of-way. No additional right-of way dedication is recommended. 3. Wright Avenue is designated as a local road. The existing right-of-way is 30 feet which is less than the recommended 50 feet. 4. The proposed street if it is to be a public street, must meet current standards as defined in the Development Regulations and Standards for right-of-way width, roadway width, and pavement/curb design. 5. Design of the dead end for proposed street and the alleys must conform to the requirements of the Fire Marshal for apparatus turnaround. Stormwater: 1. Provide stormwater management for the development, including water quality, detention, and channel protection. The controlled release from the stormwater management system shall be restricted to the capacity of the downstream storm drain system. Provide downstream analysis at each major junction down to the 10% point of the basin. 2. Provide note on plans that the onsite stormwater management system will be private and will be maintained by the homeowners association. 3. A stormwater facility agreement will be required prior to the first CO. 4. Show all easements around the stormwater management facility and access easement. 5. If new curb and gutter and/or curbs are installed along North Druid Hills Road, Goodwin Road, Wright Avenue, or East Roxboro Road; the owner/developer shall evaluate existing drainage structures for capacity. Install additional structures as necessary. 6. Stormwater detention system shall detain the 100-year storm. DEVELOPMENT SERVICES 1. A Land Disturbance Permit shall be required for development of the proposed subdivision. 2. A final plat shall be recorded prior to the issuance of any building permit. 3. Corner lots created by the new subdivision shall have an extra width of not less than fifteen (15) feet more than required for interior lots. 4. Any inclusion of access onto private property shall be included in lot coverage. DEKALB COUNTY SCHOOL SYSTEM DeKalb County School District states that the proposed development should have no effect on local schools, and that all schools in the district are over capacity or nearly at capacity.

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DEPARTMENT COMMENTS

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Schools Woodward ES Sequoyah MS Cross Keys HS

Total Capacity 824 1,158 1,169

Current Enrollment 1,012 1,247 1,166

BROOKHAVEN POLICE DEPARTMENT The City of Brookhaven Police Department has indicated that the development should have no impact on current police services and will not require additional personnel. DEKALB COUNTY FIRE DEPARTMENT The DeKalb County Fire Department has concerns regarding: 1. Location of available fire hydrants. 2. Turning radius of the curbs associated with the proposed street and alley to accommodate fire-rescue vehicles. 3. Proposed width of street. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Approval of RZ14-01 with conditions.

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Students generated from proposed development 0 0 0

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Based upon the findings and conclusions herein, Staff recommends Approval with conditions of RZ14-01 as R-A8 Conditional. Should the petition be approved, the Community Development Department recommends the following conditions: 1. The subject property shall be limited to a maximum of 26 single-family detached lots with 4.17 dwelling units per acre, and shall provide a pocket park in the location identified as lot 27. All internal park(s) associated with the development shall be privately owned and maintained by a homeowners association. 2. The subject property shall be developed in substantial accordance with the site plan, stamped received March 25, 2014. Any variances required, if authorized by the Zoning Board of Appeals, may result in altering the site plan to the degree necessary to incorporate revisions. 3. Exterior faade treatment shall include brick, stone, stucco, fiber cement siding or similar materials. Vinyl siding shall be prohibited. 4. The development shall be limited to a single curb cut access off Wright Avenue. Curb cuts for individual lots shall be prohibited onto Goodwin Road, North Druid Hills Road, Wright Avenue and East Roxboro Road. 5. A landscaped, 10-foot no access easement shall be recorded on all lots with road frontages along Goodwin Road, North Druid Hills Road and East Roxboro Road. 6. Owner/developer shall dedicate sufficient right-of-way along the total property frontage of East Roxboro Road to provide for a right-of-way width of fifty feet (50) from the centerline of the existing roadway or 12.5 feet from the back of curb, whichever is greater, prior to the issuance of a Land Disturbance Permit. 7. Owner/developer shall dedicate sufficient right-of-way along the total property frontage of North Druid Hills Road to provide for a right-of-way width of fifty feet (50) from the centerline of the existing roadway or 12.5 feet from the back of curb, whichever is greater, prior to the issuance of a Land Disturbance Permit. 8. Owner/developer shall dedicate sufficient right-of-way along the total property frontage of Wright Avenue to provide for a right-of-way width of twenty-five feet (25) from the centerline of the existing roadway or 12.5 feet from the back of curb, whichever is greater, prior to the issuance of a Land Disturbance Permit. 9. Prior to issuance of a Land Disturbance Permit, owner/developer shall dedicate additional right-of-way for miters at each roadway intersection as follows: (Distances shown are the distance of the miter as measured along the right-of-way of the named road from its intersection with the right-of-way of the adjacent road.) a. 15 feet along Goodwin Road and 25 feet along East Roxboro Road b. 15 feet along Goodwin Road and 25 feet along North Druid Hills Road c. 15 feet from Wright Avenue and 25 feet along North Druid Hills Road

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STAFF RECOMMENDED CONDITIONS

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10. Owner/developer shall construct the curb along the frontage on East Roxboro Road, North Druid Hills Road, Goodwin Road and Wright Avenue to restore a 6 high face of curb along the roadways, as measured from the top of pavement at the face of curb to the top of curb, prior to issuance of the first building permit. 11. Owner/developer shall install a five (5) foot wide sidewalk with a minimum two (2) foot wide landscape strip along the total property frontage along East Roxboro Road, Goodwin Road, Wright Avenue and North Druid Hills Road, prior to issuance of the first building permit. 12. Owner/developer shall install a five (5) foot wide sidewalk with a minimum two (2) foot wide landscape strip along one (1) side of the proposed new (internal) public road, prior to issuance of the first building permit. 13. All alleys located on common property shall be maintained by a homeowners association. 14. All alleys/access easements location on private shall be maintained by the property owner. 15. The development shall comply with the Georgia Stormwater Management Manual (GSMM) Stormwater Runoff Quality Standard (Water Quality) by providing measures that treat the required Water Quality Volume through transpiration, infiltration, and/or evaporation, and be subject to review and approval of the Community Development Department.

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d. 15 feet from Wright Avenue and 15 feet along new (internal) road

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: RZ14-01 - Rockhaven Homes, LLC - Rezoning Request from R-NCD to RA-8 to Construct a 27-Lot Single Family Detached Subdivision for Property Located at E. Roxboro Road (1937, 1969, 1971, 1945, 1961, 1953); 1125 Wright Avenue; N. Druid Hills Road (1739, 1741, 1785, 1775, 1767, 1759, 1747, 1735) BACKGROUND/SUMMARY:

STAFF RECOMMENDATION: ATTACHMENTS:


Draft_Zoning Ordinance Resolution_RZ14-01_Approval (PDF)

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STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2014-XX-XX
Attachment: Draft_Zoning Ordinance Resolution_RZ14-01_Approval (ORD-2014-04-03 : RZ14-01 - Rockhaven Homes, LLC - Rezoning Request

AN ORDINANCE TO AMEND THE CITY OF BROOKHAVEN ZONING CLASSIFICATION AND MAP FOR ZONING CONDITIONS OF LAND LOT(S) 199, District 18 IN CONSIDERATION OF ZONING CASE RZ-14-01 (1937, 1945, 1953, 1961, 1969 & 1971 East Roxboro Road; 1125 Wright Avenue; 1735, 1739, 1741, 1747, 1759, 1767, 1775 & 1785 North Druid Hills Road) WHEREAS: Rockhaven Homes, LLC, seeks permission to rezone the property to RA8 (Single-Family Residential) Conditional to allow a development of a 26-lot single-family detached subdivision; and the Property, consisting of 6.24 acres of land, is currently zoned RNCD (Residential Neighborhood Conservation District); and the proposed rezoning would be consistent with the policy and intent of the Comprehensive Plan of DeKalb County, adopted as the Citys initial Comprehensive Plan, subject to mitigating conditions as indicated below; and notice to the public regarding said rezoning has been duly published in The DeKalb Champion, the Official News Organ of the City of Brookhaven; and A public hearing was held by the Mayor and City Council of the City of Brookhaven as required by the Zoning Procedures Act.

WHEREAS: WHEREAS,

WHEREAS:

WHEREAS:

NOW THEREFORE, The Mayor and City Council of the City of Brookhaven hereby ORDAINES AND APPROVES the rezoning of this said property from R-NCD to R-A8 Conditional, with the following conditions: 1. The subject property shall be limited to a maximum of 26 single-family detached lots with 4.17 dwelling units per acre, and shall provide a pocket park in the location identified as lot 27. All internal park(s) associated with the development shall be privately owned and maintained by a homeowners association. 2. The subject property shall be developed in substantial accordance with the site plan, stamped received March 25, 2014. Any variances required, if authorized by the Zoning Board of Appeals, may result in altering the site plan to the degree necessary to incorporate revisions. 3. Exterior faade treatment shall include brick, stone, stucco, fiber cement siding or similar materials. Vinyl siding shall be prohibited. 4. The development shall be limited to a single curb cut access off Wright Avenue. Curb cuts for individual lots shall be prohibited onto Goodwin Road, North Druid Hills Road, Wright Avenue and East Roxboro Road. 5. A landscaped, 10-foot no access easement shall be recorded on all lots with road frontages along Goodwin Road, North Druid Hills Road and East Roxboro Road.

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STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2014-XX-XX
Attachment: Draft_Zoning Ordinance Resolution_RZ14-01_Approval (ORD-2014-04-03 : RZ14-01 - Rockhaven Homes, LLC - Rezoning Request

6. Owner/developer shall dedicate sufficient right-of-way along the total property frontage of East Roxboro Road to provide for a right-of-way width of fifty feet (50) from the centerline of the existing roadway or 12.5 feet from the back of curb, whichever is greater, prior to the issuance of a Land Disturbance Permit. 7. Owner/developer shall dedicate sufficient right-of-way along the total property frontage of North Druid Hills Road to provide for a right-of-way width of fifty feet (50) from the centerline of the existing roadway or 12.5 feet from the back of curb, whichever is greater, prior to the issuance of a Land Disturbance Permit. 8. Owner/developer shall dedicate sufficient right-of-way along the total property frontage of Wright Avenue to provide for a right-of-way width of twenty-five feet (25) from the centerline of the existing roadway or 12.5 feet from the back of curb, whichever is greater, prior to the issuance of a Land Disturbance Permit. 9. Prior to issuance of a Land Disturbance Permit, owner/developer shall dedicate additional right-of-way for miters at each roadway intersection as follows: (Distances shown are the distance of the miter as measured along the right-of-way of the named road from its intersection with the right-of-way of the adjacent road.) a. 15 feet along Goodwin Road and 25 feet along East Roxboro Road b. 15 feet along Goodwin Road and 25 feet along North Druid Hills Road c. 15 feet from Wright Avenue and 25 feet along North Druid Hills Road d. 15 feet from Wright Avenue and 15 feet along new (internal) road 10. Owner/developer shall construct the curb along the frontage on East Roxboro Road, North Druid Hills Road, Goodwin Road and Wright Avenue to restore a 6 high face of curb along the roadways, as measured from the top of pavement at the face of curb to the top of curb, prior to issuance of the first building permit. 11. Owner/developer shall install a five (5) foot wide sidewalk with a minimum two (2) foot wide landscape strip along the total property frontage along East Roxboro Road, Goodwin Road, Wright Avenue and North Druid Hills Road, prior to issuance of the first building permit. 12. Owner/developer shall install a five (5) foot wide sidewalk with a minimum two (2) foot wide landscape strip along one (1) side of the proposed new (internal) public road, prior to issuance of the first building permit. 13. All alleys located on common property shall be maintained by a homeowners association. 14. All alleys/access easements location on private shall be maintained by the property owner. 15. The development shall comply with the Georgia Stormwater Management Manual (GSMM) Stormwater Runoff Quality Standard (Water Quality) by providing measures that treat the required Water Quality Volume through transpiration, infiltration, and/or evaporation, and be subject to review and approval of the Community Development Department.

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STATE OF GEORGIA CITY OF BROOKHAVEN

ORDINANCE 2014-XX-XX
Attachment: Draft_Zoning Ordinance Resolution_RZ14-01_Approval (ORD-2014-04-03 : RZ14-01 - Rockhaven Homes, LLC - Rezoning Request

SO ORDAINED AND EFFECTIVE, this the ___ day of ________________, 2014. Approved by: _________________________ J. Max Davis, Mayor Approved as to Form and Content _______________________ Thompson Kurrie, Jr., City Attorney

Attest: ________________________ Susan Hiott, City Clerk

SEAL

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: Text Amendment - Chapter 18 - Article V - Multifamily Rental Housing (Apartments) BACKGROUND/SUMMARY: Proposed Language to be added on Monday April 21.

STAFF RECOMMENDATION: ATTACHMENTS:

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: Approval to Grant Authorization to the Mayor to Sign Google Fiber Land Lease Agreement BACKGROUND/SUMMARY: FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: City of Brookhaven Arbor Day Proclamation BACKGROUND/SUMMARY: Please see attached. FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:
National Arbor Day - Proclamation for Cities (PDF)

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Whereas,

In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and trees, wherever they are planted, are a source of joy and spiritual renewal.
J Max Davis Brookhaven

Whereas, Whereas, Whereas,

Whereas, Whereas, Whereas,

Now, Therefore, I,

, Mayor of the City of , do hereby proclaim , as

April 25, 2014

In the City of Brookhaven , and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, Dated this Mayor I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. day of

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Attachment: National Arbor Day - Proclamation for Cities (1345 : City of Brookhaven Arbor Day Proclamation)

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: April 22, 2014 Brookhaven City Council City Clerk's Office

ISSUE/AGENDA ITEM TITLE: Naming of the Official City Tree BACKGROUND/SUMMARY: Mayor and Council will name the official City tree. FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:

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