2013-07-03 Planning Commission - Full Agenda-1060 | Suburb | Single Family Detached Home

CITY OF BROOKHAVEN

PLANNING COMMISSION MEMBERS Stan Segal Chairman Shannon Cameron Jack Honderd Adrian Schmidt John Funny Rob Francour John Hess AGENDA July 3, 2013 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

7:00 PM

A) CALL TO ORDER B) APPROVAL OF MINUTES 1. Approval of June 5, 2013 Planning Commission Work Session Meeting 2. Approval of June 5, 2013 Planning Commission Regular Meeting C) ORGANIZATIONAL AND PROCEDURAL ITEMS D) UNFINISHED BUSINESS E) NEW BUSINESS 1. Rezoning Ordinance (ID # 1098): RZ13-01 - 1475 N Druid HIlls Rd: Rezoning of a 3.9 Acre Parcel Located at 1475 North Druid Hills Road, NE, Atlanta, Georgia 30319, from R-75 to R-A8 to Allow for the Construction of a 31-Unit Townhome Project. Tax Parcel Number of the Subject Property is 18 200 04 042. 2. Ordinance (ID # 1099): RZ13-03: Text Amendment to the City's Zoning Ordinance Related to Building Height, the Maximum Height for Single Family Residences, and Threshold Requirements for Single Family Detached Structures. 3. Ordinance (ID # 1100): RZ13-04: Text Amendment to the City Sign Ordinance F) ORDINANCES G) ADJOURNMENT

City of Brookhaven

7/3/2013 7:00 PM

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CITY OF BROOKHAVEN
PLANNING COMMISSION MEMBERS FINAL MINUTES June 5, 2013 Work Session Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

5:00 PM

A) CALL TO ORDER
Attendee Name Stan Segal Shannon Cameron Jack Honderd Adrian Schmidt John Funny Rob Francour John Hess Title Chairman Status Present Present Present Absent Absent Absent Present Arrived

B) ORGANIZATIONAL AND PROCEDURAL ITEMS
Staff thanked the Commission for their continued patience as the new document management software is rolled out.

C) UNFINISHED BUSINESS
None.

D) NEW BUSINESS 1. Ordinance ORD-2013-06-07: RZ13-02-Text Amendment to the Zoning Ordinance Regarding the Brookhaven-Peachtree Overlay (Second Read) - Deferred from June 17, 2013 Special Called Meeting
Chairman Segal asked Mrs. Canon to explain the item at hand. Mrs. Canon explained the procedure for a text amendment to the Zoning Ordinance. Mrs. Canon described the zoning district related to the proposed text amendment. Mrs. Canon described what aspects of the overlay the text amendment will address.

RESULT: E) ADJOURNMENT

DISCUSSED

Next: 6/5/2013 7:00 PM

City of Brookhaven

6/5/2013 5:00 PM

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Minutes Acceptance: Minutes of Jun 5, 2013 5:00 PM (Approval of Minutes)

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CITY OF BROOKHAVEN
PLANNING COMMISSION MEMBERS FINAL MINUTES June 5, 2013 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

7:00 PM

A) CALL TO ORDER
Attendee Name Stan Segal Shannon Cameron Jack Honderd Adrian Schmidt John Funny Rob Francour John Hess Title Chairman Status Present Present Present Present Absent Absent Present Arrived

Chairman Segal introduced the staff - Mrs. Susan Canon, Community Development Director and Howard Koontz, City Planner. Chairman Segal read a brief preamble.

B) APPROVAL OF MINUTES 1. Approval of Planning Commission April 25, 2013 Work Session Minutes RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Adrian Schmidt John Hess Segal, Cameron, Honderd, Schmidt, Hess Funny, Francour

2. Approval of Planning Commission May 1, 2013 Regular Meeting Minutes RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Jack Honderd Shannon Cameron Segal, Cameron, Honderd, Schmidt, Hess Funny, Francour

C) ORGANIZATIONAL AND PROCEDURAL ITEMS D) UNFINISHED BUSINESS E) NEW BUSINESS

City of Brookhaven

6/5/2013 7:00 PM

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Minutes Acceptance: Minutes of Jun 5, 2013 7:00 PM (Approval of Minutes)

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Minutes Planning Commission June 5, 2013

1. Public Hearing for RZ13-02 Ordinance ORD-2013-06-07: RZ13-02-Text Amendment to the Zoning Ordinance Regarding the Brookhaven-Peachtree Overlay (Second Read) - Deferred from June 17, 2013 Special Called Meeting
Chairman Segal first informed the gallery of the procedure for how the text amendment would be processed. He asked Mrs. Canon to introduce the item. Mrs. Canon introduced the item and gave a summary of the background related to the item. She then read the text of the resolution up for discussion, and noted the staff's recommendation for approval.

Chairman Segal opened the Public Hearing for comments. Jim Mallory spoke first: he wants the building standard to remain at 2 stories, no less. Larry Hurst, of Ashford Park, spoke next about parking maximums. William Wilshire spoke about the density issue. Bill Draper of Brookhaven Fields spoke about the floor area requirement of the 2nd floor. Bill Roberts of Brookhaven Heights also wanted to address the 2nd story floor area issue. The 10-minute Public Hearing time period expired. Mr Segal entertained a motion to extend the public comment 5 more minutes to hear the last three citizens on the list of speakers. Mr. Hess so moved, Ms. Cameron 2nd. All in favor. Kathy Forbes spoke about the floor area issue. Rhonda Fox, Brookhaven Heights. Speaks about Peachtree Road and its relationship to the retail in Brookhaven. She seeks additional density, perhaps requiring 3, 4, or 5 story buildings. Last speaker: Michael Smith lives in Brookhaven Heights, also supports the 2 story minimum building height requirement. Chairman Segal closes the Public Hearing, and opens up the floor to questions/comments from the Commission. Mr. Hess asks about the 75% requirement related to 2nd stories. Mrs. Canon answered. Mr. Schmidt asked about the floor area requirement. Mr. Honderd clarified for the gallery why the floor area component has been included in this text amendment, and asked Mrs. Canon about the "less and except" clause in the proposed amendment. Ms. Cameron asked for clarification about the maximum parking requirement. Mr. Segal asked again for comments/questions from the commission. Mr. Honderd asked additional questions of Mr. Bill Riley, Acting City Attorney, related to "conflicting provisions". Mr. Schmidt asked about parking & maximum parking requirements.

City of Brookhaven

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Minutes Acceptance: Minutes of Jun 5, 2013 7:00 PM (Approval of Minutes)

Chairman Segal asked the Commission if they had any questions for staff. Commissioner Schmidt asked about restaurant parking. There were no other questions of the staff.

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Minutes Planning Commission June 5, 2013

Chairman Segal called for a motion. Ms. Cameron moved to approve the text amendments as presented, including the text change 'about to above'. Mr. Hess 2nd. All in favor.

RESULT: MOVER: SECONDER: AYES: ABSENT: F) ADJOURNMENT

The meeting was adjourned at 7:55 PM.

City of Brookhaven

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Minutes Acceptance: Minutes of Jun 5, 2013 7:00 PM (Approval of Minutes)

RECOMMENDED FAVORABLY WITH CON [UNANIMOUS] Next: 6/11/2013 4:30 PM Shannon Cameron John Hess Segal, Cameron, Honderd, Schmidt, Hess Funny, Francour

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MEMORANDUM
MEETING OF: July/03/2013 DISTRICT/COMMITTEE:Planning Commission SUBMITTING DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE: RZ13-01 - 1475 N Druid HIlls Rd: Rezoning of a 3.9 Acre Parcel Located at 1475 North Druid Hills Road, NE, Atlanta, Georgia 30319, from R-75 to R-A8 to Allow for the Construction of a 31-Unit Townhome Project. Tax Parcel Number of the Subject Property is 18 200 04 042. BACKGROUND/SUMMARY:
Project Name /Applicant: Residential South Partners, LLC, ℅ G. Douglas Dillard, Esq.

Property Location:

1475 North Druid Hills Road

Acreage:
Existing Zoning:

3.909
R-75 (Single-Family Residential)

Proposed Zoning:

R-A8 (Single-Family Residential)

Owner:

North Atlanta Gospel Chapel

Applicant’s Intent:

Development of 31-unit townhome complex

Community Development Department Recommendation

Approval (Subject to Recommended Conditions) Denial

_____X______ ____________

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Rezoning Ordinance (ID # 1098)

Meeting of July 3, 2013

Location Map

BACKGROUND

The site is currently a house of worship, the North Atlanta Gospel Chapel, consisting of 3.909 acres with one structure, a paved parking lot on the southwest side of the building and an additional, larger paved parking lot on the north side of the building. Currently zoned R-75 (Single family Residential District), the lot is located on the west side of North Druid Hills Road, approximately halfway between the intersections of Colonial Drive and Brookshire Lane. The subject property is surrounded by singlefamily detached homes immediately adjacent, with the exception of a 7-unit townhome property to the south.

The lot is considerably higher in elevation than the grade elevation at the centerline of the adjacent street, and has limited sight distance to the north due to its location inside a curve in the road. There are no trees on the interior portion of the lot, yet

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Rezoning Ordinance (ID # 1098)

Meeting of July 3, 2013

the lot’s boundary is effectively completely wooded with a mature canopy of mixed hardwoods and pine trees.

The applicant, Residential South Partners, LLC, is seeking to rezone the site from R-75 (single-family residential) to R-A8 (Single-family Residential District) to construct a 31-unit townhome project with a proposed development density of 7.93 dwelling units per acre.

SITE PLAN ANALYSIS

The submitted site plan indicates the demolition of the existing structure and parking lots on the site, to allow for the construction of 31 townhome units divided into seven individual structures. The site takes access from North Druid Hills Road, and the townhome buildings are proposed to be located on what the site plan labels as ‘Private Roads’. The city’s land development ordinance contains provisions for the widths of improvements and adjacent easements required for duly platted private streets. It appears from staff review that there is insufficient provisions for those required improvement widths; in order to be platted as private streets, the required widths must meet code requirements.

The proposed 24-foot wide street will access the site near the southeast corner of the lot, and route its way west, following a curvilinear path to an intersection at the center of the development site. Following the road to the south leads to the southern three structures; the road to the north accesses the remaining buildings. All structures are proposed to be rear-access homes.

Two storm water ponds are proposed, one in the far southwest corner of the lot, the other centered adjacent to the northern property boundary. A large, landscaped open space/park area is proposed just west of the lot’s cente r, to be used as a focal point of the buildings on the lot’s west side. The private street as it enters the project is proposed to be 24 feet wide and features parallel parking spaces; the remaining street sections are dead end streets, with no provision for parallel parking, which are 20 feet wide.

LANDSCAPE PLAN ANALYSIS Page 3
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Rezoning Ordinance (ID # 1098)

Meeting of July 3, 2013

The landscape plan submitted is not a construction drawing, but appears to indicate some preservation of the lot’s existing trees which border the property, as well as additional trees to increase the border buffer’s density. The existing canopy on the site is located along the property lines to the south, west and north, and varies from 15 to 30 feet in depth. The tree replacement plan provided in the applicant’s submittal documents indicates a 20 foot landscape buffer on the north, a 30 foot buffer on the western property line and a 15 foot buffer on the south side, adjacent to North Druid Hills Road. In these buffers, the applicant plans to install some replacement trees to repopulate a landscape buffer yard between the new townhomes and the existing land uses adjacent.

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Rezoning Ordinance (ID # 1098)

Meeting of July 3, 2013

ADJACENT LANDS ANALYSIS

Direction North

Zoning R-75/R-A8

Current Land Use Single family residential, detached Single family residential, detached Single family residential, attached Single family residential, detached

Current Density 3.5 DU/Acre

Future Land Use Traditional Neighborhood Suburban

East

R-75

3.9 DU/Acre

South

R-A5

3.2 DU/Acre

Suburban

West

R-A8

5.8 DU/Acre

Traditional Neighborhood/ Suburban

REVIEW STANDARDS AND FACTORS

1. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan. This property is listed on the future land use map in DeKalb County’s Comprehensive Plan 2005-2025 as ‘Suburban Character’ and is within close proximity to ‘Traditional Neighborhood’ and ‘Town Center’ character areas. The Comprehensive Plan describes the Suburban Character Area as an area where typical types of suburban residential subdivision development have occurred and where pressures for the typical types of suburban residential subdivision development are greatest. The Plan indicates that the intent of the Suburban Character Area is to recognize those areas of the county that have developed in traditional suburban land use patterns while encouraging new development to have increased connectivity and accessibility. The proposed density for areas of this type is up to 8 dwelling units per acre as described in the Plan policy . 2.

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Rezoning Ordinance (ID # 1098)

Meeting of July 3, 2013

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties? It appears that the townhome use may be consistent with the policy intent of the Plan as the Plan limits the density of this character area to eight units per acre. 3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned? It appears that the subject property may have a reasonable economic use as presently zoned based on the church use and potential development of single family homes. 4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? It appears that mitigating measures may be needed to alleviate adverse effects that may result from additional impact to the area from the development. It shall be noted that the impact on the area may have a more dispersed traffic pattern than the existing church use. 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’s 2005 - 2025 Comprehensive Land Use Plan indicates this property, and all the property within proximity to this as an “Area Requiring Special Atte ntion - Rapid Development/Land Use Change”, which may provide support to the requested change. 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, 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? North Druid Hills Road is a well-traveled arterial through this part of the city. The Brookhaven Public Works Director has requested a traffic study to determine if there are suitable traffic warrants to compel the developer to install either a right turn deceleration lane at the front of the lot, or widen this section of North Druid Hills Road to provide a dedicated left turn lane from the northbound lane into the project. To date, the City of Brookhaven has not received data from the DeKalb County Offices or the DeKalb County School System.

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Rezoning Ordinance (ID # 1098)

Meeting of July 3, 2013

The City of Brookhaven Police Department has indicated that the development will increase public safety demands, but not to any significant level. FISCAL IMPACT: (Budgeted – over or under)
FINANCIAL IMPACT: NONE

STAFF RECOMMENDATION:

Community Development Department Recommendation

Approval (Subject to Recommended Conditions) Denial

_____X______ ____________

Should this application be recommended for approval, the staff suggests the following conditions:

RECOMMENDED CONDITIONS 1. The development shall be limited to a maximum of eight (8) dwelling units per acre. 2. The site shall be developed in substantial accordance with the site plan entitled “A Master Planned Townhome Community” received May 31, 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. 3. The owner/developer shall dedicate sufficient right-of-way to the City of Brookhaven along the total property frontage along North Druid Hills Road to provide for a right-ofway width of fifty (50) from the existing centerline of the roadway or to provide for twelve (12) from the back of the curb, whichever is greater. The dedication of rightof-way shall be submitted to the City of Brookhaven prior to the issuance of a development permit. 4. Prior to the issuance of a land disturbance permit, the owner/developer shall submit a completed traffic analysis prepared by a registered engineer to determine the needs for a left turn lane and right turn lane along North Druid Hill Road. 5. The owner/developer shall install a left turn lane and right turn lane along the property frontage along North Druid Hills Road, if warranted by the required traffic analysis.

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Rezoning Ordinance (ID # 1098)

Meeting of July 3, 2013

6. The owner/developer shall develop the subject property to allow for adequate intersection sight distance from both directions at the project’s entrance onto North Druid Hills Road. Landscaping, fencing/walls, and signage shall not obstruct sight distance. 7. The developer shall install a five (5) foot wide sidewalk with a minimum two (2) foot grass “beauty” strip between the back of the curb and proposed sidewalk along the total property frontage along North Druid Hills Road. 8. The owner/developer shall design the site to meet the current International Fire Code, in accordance with DeKalb County Fire Rescue requirements. The DeKalb County Fire Marshal’s Department shall provide a complete plan review prior to the issuance of any permits. 9. The owner/developer shall provide access drives in accordance with DeKalb County Sanitation Service requirements. 10. The owner/developer shall install five (5) foot wide sidewalks along the private streets within the development. 11. The owner/developer shall install an entry wall along the total property frontage similar to the property to the South. 12. All exterior architectural treatment shall prohibit vinyl siding. 13. Exterior façade treatment may include brick, stone, stucco, wood-cement based siding or similar materials. 14. Each grouping of attached buildings shall provide for variation and visual relief between units. 15. Approval of this project by the Planning Commission serves as the required sketch plat approval for the creation of the proposed private street network. Planning Commission approval of the sketch plat does not negate the requirement that the applicant receive Fire Marshal, City Engineer, Planning and Public Works preliminary plat approval before land development activities are authorized.

ATTACHMENTS:
ATTACHMENTS:      1475 N Druid Hills application (PDF) 1475 North Druid Hills site plan Comp Plan captures (PDF) Druid Hills Church Letter - objection Frank objection (PDF) (PDF) (PDF)

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Packet Pg. 14 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 15 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 16 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 17 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 18 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 19 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 20 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 21 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 22 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 23 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 24 Attachment: 1475 N Druid Hills application (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

24 HOUR CONTACT: David Smith @ 404-797-8944
1. SITE ADDRESS: NORTH DRUID HILLS AT MATHEWS STREET, ATLANTA, GEORGIA 2. WATER AND SEWER PROVIDED BY PUBLIC WATER AND PUBLIC SEWER FROM DEKALB COUNTY 3. THERE ARE NO STREAM OR WETLANDS LOCATED ON THE SITE. 4. EXISTING SITE IS A CHURCH WITH ASSOCIATED PARKING AREA THAT TAKES UP THE MAJORITY OF THE SITE LAND. THE LAND IS ALL DISTURBED FROM THE EXISTING DEVELOPMENT.

FEMA MAP

SITE DATA:

TOTAL SITE AREA

3.909 ACRES

ZONING

DEVELOPMENT TYPE

A MASTER PLANNED TOWNHOME COMMUNITY

OPEN SPACE CALCULATIONS

PROPERTY SETBACKS

PARKING CALCULATIONS

REQUIRED PARKING (2.0 SP. PER UNIT) GUEST PARKING PROVIDED TOTAL SPACES PROVIDED

62 Spaces(2 Car Garage/Driveway) 10 Spaces 72 Spaces

EXISTING ZONING: R-75 EXISTING ZONING: RA8 EXISTING ZONING: RA8 EXISTING ZONING: R-50

SITE LOCATION MAP (NTS)

SITE
STORMWATER MANAGEMENT

TRASH ENCLOSURE W/ RECYCLING AREA

EXISTING ZONING: R-75

NO.

FOR

SITE

5825 Glenridge Drive Building 2, Suite 210 Atlanta, Georgia 30328 PHONE: 404-797-8944

FRONT YARD SETBACK (DRUID) REAR SETBACK SIDE SETBACK RESIDENTIAL BUFFER

5 feet (Rear Facing Units) 30 Feet 15 Feet 20 FEET Transitional

DATE

BY

DESCRIPTION

4 EXISTING ZONING: RA8 19 20 21 22 23 24 31 25 EXISTING ZONING: R-75 30 26 29 18
OPEN SPACE PARK AREA

27

28

17

16

15

6

SHEET TITLE

OPEN SPACE

REZONING SITE PLAN
14 13 12 11 10 9 8 7 6 5 4 3 2 1

0

15

30

60

"WE PROVIDE SOLUTIONS"

TOTAL AREA OF OPEN SPACE PERCENTAGE OF SITE (PROVIDED)

1.25 ACRES 32 %

Residential South Partners, LLC

TOWNHOME UNITS TOWNHOME DENSITY MAX DENSITY ALLOWED TOTAL SQUARE FOOTAGE

31 UNITS 7.93 UNITS/AC. 8.0 UNITS/AC. 81,200 SF

1475 North Druid Hills Road

EXISTING ZONING PROPOSED ZONING ZONING JURISDICTION

R-75 RESIDENTIAL RM-75 CITY OF BROOKHAVEN DEKALB COUNTY

90

STORMWATER MANAGEMENT

1" = 30' SCALE: DATE: May 31, 2013 PROJECT: 12008.00B

EXISTING ZONING: RA-5

Z

SHEET

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Attachment: 1475 North Druid Hills site plan (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 26 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 27 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 28 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 29 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 30 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 31 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 32 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 33 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 34 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 35 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 36 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 37 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 38 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 39 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 40 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 41 Attachment: Comp Plan captures (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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June 24, 2013

I am writing to document my concerns regarding the pending application to change zoning on the church property on Druid Hills from single family homes to multi-family homes. I live on the dead-end part of Matthews Street that is adjacent to the north edge of the church property.
Attachment: Druid Hills Church Letter - objection (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

Personal Consideration for Matthews Street Impact On a personal note I have concerns regarding the change in zoning for multiple reasons. There is a significant hill comprised of rock and a canopy of old trees at the end of Matthews Street and, as of the date of this letter, the grading plan was not finished thus the developer could not answer my questions about the elevation of the development compared to our existing street. The Site Plan indicates a surfaced private driveway 15 feet from the northern property line that will run the length of the development perpendicular to our street. If this 15 feet is on top of the hill that’s one thing; however, if this 15 feet is essentially level with Matthews Street that becomes quite intrusive, unsightly and noisy to the existing $800,000-$1,200,000 single family homes on Matthews Street. The elevation question is also important when considering the potential impact of the sizable stormwater management system (which looks to be the size of 3 townhomes on the site plan), the trash collection area and the visibility of garages that are all on the north end of the proposed development facing Matthews Street. This elevation issue exists for all the surrounding boundaries of this proposed development to adjoining neighborhoods of single family homes and is an important factor that should be resolved and communicated to the neighbors before a change in zoning is considered, much less approved. The plan calls for a “walk through” connecting Matthews Street to the townhomes which I also object to. This has been suggested as a nice passage from our neighborhood to the neighborhood on the south end of the property for access to the pond on Lenox Park Blvd. But for me personally this is an undesired increase in activity compared to our existing quiet dead-end street. And finally, I have concerns on the impact to my home’s value should this development turn out to be less than optimal with noise and congestion that reduces the desirability of adjoining single family homes. Druid Hills Impact More important than the impact of this development to me and my home value, personally, I also have concerns on the precedent this multi-family dense development could create for Druid Hills. Today, Druid Hills north of Buford Highway until it dead ends to Peachtree Street, is extremely congested during rush hours. It is a 2-lane windy road with multiple blind curves that shoulders excessive traffic of commuters using this road as a cut through to and from I-85 and Ga-400. To add 31 families which likely will have 2 cars each to this traffic will only make it worse. In my opinion, without a light at the entrance to the development, these home owners will be backed up 62 cars deep trying to exit in the mornings

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and enter in the evenings. In fact, without a light I would estimate turning left to exit or enter the property will be nearly impossible. And a light without a turn lane will add to the woes of Druid Hills. On the precedent, my concern for Druid Hills with this multi-family development is that we potentially could be on a path to becoming the next Lenox Road….a 2-lane poorly maintained road with high congestion and row after row of condominium developments all sitting behind gated and walled fences. The sidewalks are in disrepair and I rarely see anyone walking on them.
Attachment: Druid Hills Church Letter - objection (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

If the City of Brookhaven desires to convert our City into a dense population of multi-family developments then I believe you have an obligation to provide the infrastructure to support it and to have a comprehensive vision and budget of how to achieve it. If Druid Hills is to support multi-family developments I would hope it could be developed like Lenox Walk Blvd. This street is 4 lanes with a landscaped dividing lane in the middle. The set-backs on many of the properties are significantly more than 15 feet. The sidewalks are wide and well maintained and well used. The pond is an attraction for the community. One drawback in my opinion is the lack in retail so other than the pond there isn’t much these residents can walk to. If the City desires to increase the walking in our neighborhoods then I believe a good place to start would be the sidewalks of the impacted area of Druid Hills. Today those sidewalks are only “one-person” wide and in such dangerous shape they are probably in violation of laws providing handicapped access. Thus, rather than directing foot traffic through private neighborhoods (I’m not sure who would fund and maintain private walkways in a development) we should be spending our walkway funds on replacing the sidewalks on Druid Hills and opening up the walkways for everyone! In a meeting with the developer we asked why the design could not conform to the existing zoning and the reply from his attorney was “it is not economically feasible”. I’m not sure I agree with that. The real estate market presently has a shortage of single-family homes valued in the price range of our street and I believe 15 homes built under the current zoning could yield a reasonable profit with much less disruption to the existing infrastructure and surrounding neighborhoods. Summary To summarize my specific concerns: Grading Plan not finished and properly socialized to the neighbors to evaluate impact to our street for proximity, noise, visibility and stormwater management plan. Increased traffic and hazardous driving on Druid Hills. Impossible exit and entrance turning left during rush hours. Walkway through private property bringing unwanted foot traffic to our street rather than repairing or replacing sidewalks on Druid Hills. Negative impact on home values of adjacent large single family homes (5000-6000 sq ft) compared to size and price point of multi-family homes (2200-2500 sq ft).

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Precedent to open Druid Hills to additional multi-family developments, thus continuing to add to the strain on existing infrastructure. Thank you for your consideration of this matter. Sincerely,

Elizabeth A. Taylor

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Attachment: Druid Hills Church Letter - objection (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

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Packet Pg. 45 Attachment: Frank objection (1098 : RZ13-01 - 1475 N Druid HIlls Rd)

E.2

MEMORANDUM
MEETING OF: July/03/2013 DISTRICT/COMMITTEE:Planning Commission SUBMITTING DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE: RZ13-03: Text Amendment to the City's Zoning Ordinance Related to Building Height, the Maximum Height for Single Family Residences, and Threshold Requirements for Single Family Detached Structures. BACKGROUND/SUMMARY: During a recent Council work session, the staff was authorized to move forward with a text amendment concerning height. As written, the amendment provides a new definition regarding how height is measured, increases the height limit for single family residential from thirty-five (35) feet to forty (40) feet, and eliminates residential threshold requirements. FISCAL IMPACT: (Budgeted – over or under)
FINANCIAL IMPACT: None.

STAFF RECOMMENDATION: The staff recommends approval of text amendment RZ13-03. ATTACHMENTS:
ATTACHMENTS:  RZ13-03 Text Amendment_Height - resolution (PDF)

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E.2

Ordinance (ID # 1099)

Meeting of July 3, 2013

Please see the attached file for a copy of the resolution text in its entirety.

Page 2
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E.2.a

CITY OF BROOKHAVEN DEKALB COUNTY, STATE OF GEORGIA ORDINANCE 2013 – XX – XX TEXT AMENDMENT 2013-03
Attachment: RZ13-03 Text Amendment_Height - resolution (1099 : RZ13-03 - Zoning Ordinance Text Amednment)

TEXT AMENDMENT TO THE CITY OF BROOKHAVEN ZONING ORDINANCE RELATING TO HEIGHT AND THRESHOLD

WHEREAS, the City of Brookhaven Mayor and Council are tasked with the protection of the City’s health, safety, and general welfare; and WHEREAS, the City of Brookhaven Zoning Ordinance adapted from the DeKalb County Zoning Ordinance may require policy amendment as a result of residual DeKalb County practices and policies; and WHEREAS, the City of Brookhaven Mayor and Council recognize the benefit of design flexibility; NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Brookhaven, Georgia, and it is hereby ordained by the authority of same, that Chapter 27 of the Code of the City of Brookhaven, also known as the City of Brookhaven Zoning Ordinance, adopted January 15, 2013, is hereby amended as follows:

PART I. Section 27-31 (Definitions) is hereby amended by the deletion of the terms and definitions of Building height and Building height for single family detached dwelling and substituting in lieu thereof a new definition as follows: Building Height as to all structures, with the exception of structures governed under Section 27728.15.12 (f) subparagraph (2), means the vertical distance measured from the grade (the average elevation of the ground on all sides of a building) to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof.

PART II. Sections 27-67, 27-87, 27-107, 27-127, 27-147, 27-167, 27-187 27-207, 27-228, 27-247, 27-268, 27-777 (e), 27-280 (e), 27-287, 27-470, 27-481.9, 27-482.10, 27-508, 27-649.14 (d), 27-649.15 9 (c) (5), and 27-649.16 (g) are hereby amended by the deletion of thirty five (35) feet and substituting in lieu thereof forty (40) feet.

June 26, 2013
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E.2.a

PART III. Section 27-543 is hereby amended by the deletion of the first sentence and substituting in lieu thereof as follows: The maximum height of any building or structure shall not exceed two (2) stories and thirty-five (35) feet with the exception of single family residential which may not exceed forty (40) feet. PART IV. 27-750 (a) is hereby amended by the deletion of subparagraph (a) and substituting in lieu thereof as follows: (a) No new construction of a single-family detached dwelling shall exceed forty (40) feet in height. PART V. Section 27-749 (Elevation of residential thresholds) is hereby deleted in entirety.
Attachment: RZ13-03 Text Amendment_Height - resolution (1099 : RZ13-03 - Zoning Ordinance Text Amednment)

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

PART VII. 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 VIII. 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.

June 26, 2013
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E.2.a

SO ORDAINED AND EFFECTIVE

This

day of

, 2013. APPROVED:

J. Max Davis, Mayor

ATTEST:

APPROVED AS TO FORM:

Susan Hiott, City Clerk (Seal)

William F. Riley, Acting City Attorney

June 26, 2013
Packet Pg. 50

Attachment: RZ13-03 Text Amendment_Height - resolution (1099 : RZ13-03 - Zoning Ordinance Text Amednment)

E.3

MEMORANDUM
MEETING OF: July/03/2013 DISTRICT/COMMITTEE:Planning Commission SUBMITTING DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE: RZ13-04: Text Amendment to the City Sign Ordinance BACKGROUND/SUMMARY: During a recent Council work session, the staff was directed to move forward with an amendment to the Sign Ordinance. The amendment intends for lawful businesses in compliance with the Sign Ordinance to have fair and reasonable opportunities for identification of business. FISCAL IMPACT: (Budgeted – over or under)
FINANCIAL IMPACT: None.

STAFF RECOMMENDATION: Staff recommends approval of the text amendment, as presented. ATTACHMENTS:
ATTACHMENTS:  RZ13-04 - Amendment to Sign Ordinance resolution (PDF)

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E.3

Ordinance (ID # 1100)

Meeting of July 3, 2013

Please see the attached file for a copy of the amendment text in its entirety.

Page 2
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E.3.a

ORDINANCE 2013-XX-XX TEXT AMENDMENT 2013-04 AN ORDINANCE TO AMEND CHAPTER 21 (“SIGNS”), OF THE CODE OF THE CITY OF BROOKHAVEN BY AMENDING SUBSECTION 216(a); TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR AN ADOPTION AND EFFECTIVE DATE; TO PROVIDE FOR CODIFICATION; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. WHEREAS, the City regulates signs to protect the health, safety and general welfare of the citizens of the City of Brookhaven; and WHEREAS, sign regulations minimize unnecessary and unsafe distractions for drivers or pedestrians and ensure that signs are compatible with the uses allowed in various parts of the City; and WHEREAS, the City intends to provide fair and reasonable opportunities for the identification of business which are located within the City of Brookhaven, and to provide for the identification of the availability of products, goods or services so as to promote the economic vitality of businesses that are located within the city; and WHEREAS, the City’s sign regulations allow for signs in zoning districts consistent with the uses, intent and aesthetic characteristics of those districts; NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF BROOKHAVEN, GEORGIA HEREBY ORDAIN: Section 1 That subsection 21-6(a) of Chapter 21 of the Code is hereby amended to read as follows: (a) Procedure. The director shall deny permits to applicants that submit applications for signs that do not comply with the provisions of this chapter, incomplete applications, and applications containing any false material statements. The director shall deny a permit for a sign at an establishment or land use that is located, or seeking to locate, in a place where such establishment or land use is prohibited under the Code. Violation of any provision of this chapter and any other applicable state laws or city ordinances will be grounds for terminating a permit granted by the city for the erection of a sign. Should it be determined that a sign permit was issued pursuant to an incomplete application or an application containing a false material statement, that a sign permit was issued for a sign at an unlawfully located establishment or land use, or that a permit has been erroneously issued in violation of this chapter, the director shall revoke the permit. Should the director deny a 1 June 26, 2013
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Attachment: RZ13-04 - Amendment to Sign Ordinance resolution (1100 : RZ13-04: Text Amendment to the City Sign Ordinance)

CITY OF BROOKHAVEN DEKALB COUNTY, STATE OF GEORGIA

E.3.a

Section 2 This ordinance and each section, subsection, and provision of same is hereby declared to be independent and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any portion of this ordinance, or the application thereof to any person or circumstance is held to be invalid, the remainder of this ordinance and the application of same to any person or circumstance shall not be affected thereby, and that such portions would have been passed independently of the portion so held to be invalid. Section 3 All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4 This ordinance shall be codified in accordance with state law and the Code of the City of Brookhaven, Georgia. This ordinance shall become effective upon adoption. SO ORDAINED, this _______ day of ___________________, 2013. Approved:

J. Max Davis, Mayor

Attest:

Approved as to Form and Content:

Acting City Clerk

William F. Riley, Acting City Attorney

2 June 26, 2013
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Attachment: RZ13-04 - Amendment to Sign Ordinance resolution (1100 : RZ13-04: Text Amendment to the City Sign Ordinance)

permit, the reasons for the denial are to be stated in writing and hand delivered or mailed by certified mail, return receipt requested, to the address on the permit application on or before the forty-fifth business day after the director's receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of resubmission, instead of the date of the original submission. No permit shall be denied or revoked, except for due cause. “Due cause” is noncompliance with, or violation of, the provisions of this chapter, other applicable ordinances, state or federal law, or the submission of an incomplete application or an application containing false material statements.

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