CITY OF BROOKHAVEN

PLANNING COMMISSION MEMBERS Stan Segal Chairman Shannon Cameron Jack Honderd Adrian Schmidt John Funny Rob Francour John Hess AGENDA September 4, 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 August 5, 2013 Planning Commission Work Session Meeting Minutes 2. Approval of August 7, 2013 Planning Commission Regular Meeting Minutes C) ORGANIZATIONAL AND PROCEDURAL ITEMS D) UNFINISHED BUSINESS E) NEW BUSINESS 1. Rezoning Ordinance (ID # 1137): RZ13-09 - Churchill Partners, LLC - Rezoning Request from R-100 to R-75 Property Located at 3369 Osborne Road for Two Single Family Residential Lots F) ORDINANCES G) ADJOURNMENT

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CITY OF BROOKHAVEN
PLANNING COMMISSION MEMBERS DRAFT MINUTES August 5, 2013 Work Session Meeting
200 Ashford Center N, Suite 150, Dunwoody, GA 30338

11:30 AM

A) CALL TO ORDER
Minutes Acceptance: Minutes of Aug 5, 2013 11:30 AM (APPROVAL OF MINUTES)
Page 1 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

B) ORGANIZATIONAL AND PROCEDURAL ITEMS
Chairman Stan Segal asked the staff to identify any procedural or organization items. Director of Community Development, Susan Canon, mentioned the LCI process and that training will be set up for members of the Commission. In regard to public hearings, she explained that the proper procedure for speakers is that the total time for proponent and opponents is up to ten minutes to speak The Commission discussed public hearings as it relates to deferrals, tabling items and public comment. They all agreed that the Planning Commission’s role is limited to agenda items and general public comments are the role of the City Council. Commissioner Cameron asked that there be a document such as a FAQ that explains procedures of the Planning Commission. Susan Canon explained that because the city is in the formational stages it is a bit preliminary to create since it may change. She explained that fact sheets had been created for all boards and that they were currently under review.

C) UNFINISHED BUSINESS
RZ13-03 - Height Text Amendment Susan explained that the text amendment to height was not on the agenda because Council opted to move the item forward and not defer it. She cited that the Council will have the second reading on the item August 13, 2013.

RZ13-01 - 1475 N Druid Hills Rd. Director Canon explained that the applicants request to rezone the site from R-75 to R-A8 to construct a 31-unit townhome project with a proposed density of 7.93 dwelling units per acre and that it is supported by the Comprehensive Plan. She cited that the applicant has agreed to all the staff recommended conditions and mentioned that the applicant may add additional conditions. Chairman, Stan Segal, stated that emails concerning the application were left out of the packet. Susan Canon made note that staff will find all of the emails and include them in the next packet. Questions were asked concerning traffic and impact and answered by Director Canon.

D) NEW BUSINESS
RZ13-06 Director Canon explained Artisan Home Crafters request to rezone 2.16 acres located at 1107, 1111, and 1115 Wright Avenue and 1977 and 1987 E Roxboro Road from R-NCD to R-60 to build 10 new single family detached homes. She cited that they are requesting to build at half the density of what the Comprehensive Plan calls for

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within the Suburban Character area. Staff mentioned that the applicant has agreed to the conditions outlined in the memo. Commissioner Adrian Schmidt explained the history of the former proposed project and the manner in which it has evolved due to the downturn in the market. RZ13-07 Director Canon explained Residential South Partners request to rezone 2.92 acres located at 1440 and 1448 Harts Mill Rd. She cited that they are requesting to change a previously approved condition to allow for the construction of twelve single family detached homes, for a revised density of 4.11 dwelling units per acre. She said that such density will be half the density of what the Comprehensive Plan calls for within the Suburban Character area. RZ13-08 Director Canon explained the last item is a text amendment to the City’s Zoning Ordinance to bring the zoning ordinance and sexually oriented business ordinance in line with each other. She cited that there will be a legal representative at the meeting.

E) ADJOURNMENT
Adjournment: Chairman Segal adjourned the meeting at 1:08pm

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Minutes Acceptance: Minutes of Aug 5, 2013 11:30 AM (APPROVAL OF MINUTES)

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CITY OF BROOKHAVEN
PLANNING COMMISSION MEMBERS DRAFT MINUTES August 7, 2013 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

7:00 PM

A) CALL TO ORDER
Minutes Acceptance: Minutes of Aug 7, 2013 7:00 PM (APPROVAL OF MINUTES)
Page 1 Commissioner Segal called the meeting to order 7:03. Commissioner Segal called the roll, all members were present. He then informed the public of the roll of the planning commission and asked the public to fill out comment cards if they wanted to speak. Attendee Name Title Status Arrived Stan Segal Chairman Present Shannon Cameron Present Jack Honderd Present Adrian Schmidt Present John Funny Present Rob Francour Present John Hess Present

B) APPROVAL OF MINUTES 1. Approval of July 3, 2013 Planning Commission Work Session Meeting Minutes RESULT: MOVER: SECONDER: AYES: ACCEPTED [UNANIMOUS] John Funny Shannon Cameron Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

2. Approval of July 3, 2013 Planning Commission Regular Meeting Minutes RESULT: MOVER: SECONDER: AYES: ACCEPTED [UNANIMOUS] John Funny Shannon Cameron Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

C) ORGANIZATIONAL AND PROCEDURAL ITEMS
Commissioner Segal informed the public of the procedure for the meeting. He explained that the Community Development Director would present the item. The applicant would speak for ten min, then ten min would be allotted for opposition and supporting opinions.

D) UNFINISHED BUSINESS

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A) RZ13-01: 1475 N Druid Hills Rd.

1. 2.

Commissioner Segal Opened the Public Hearing for RZ13-01 - 1475 N Druid Hills Rd. Susan Canon

Community Development Director Canon presented the staff report to the Planning Commission on RZ1301-1475 N Druid Hills.

Mr. Dillard introduced himself, thanked the commission for continuing the discussion on his case and expressed confidence that a resolution with the surrounding residents would soon be reached. He introduced the architectural team who gave a presentation on the interior and exterior design elements of the proposed town home development. Mr. Francour asked about what architectural designs were being considered for the boarding town homes. The architect explained that every boarding building would have a different floor plan.

4.

Ron Henney

Mr. Henney stated his residence on Matthews Street and spoke in opposition of the proposed development. He expressed optimism for the progress that had occurred between the developer and the neighborhoods but claimed that nothing had been finalized in writing. He offered statistics on the buffer zones between his property and the proposed development and requested an extension of the buffer line. He also claimed that if the number of units was not lowered then the quality of life and the property values of the surrounding areas would diminish.

5.

Kerry Witt

Mr. Witt spoke in opposition of the proposed rezoning application. He cited the proposed density and historical expansion of town home developments as a justification for his opposition. He proposed developing single family R-60 homes in the North Druid Hills frontage in order to prevent the town home development from expanding across the road.

6.

J Michael Neumeier

Mr. Neumeier spoke in opposition of the proposed rezoning and based his opposition on the increased density and potential for the addition of a new street light on North Druid Hills Rd.

7.

Beth Taylor

Ms. Taylor spoke in opposition of the zoning and cited changes in density to the surrounding areas. She also expressed concerns with the precedence that would be set on North Druid Hills if the re-zoning was approved. She stated that the value of her home and her neighbor's homes would be adversely affected due to the low price point and high density of the proposed development. She also stated that she was in opposition of connectivity between the development and her street.

8.

Andrew Kauss

Mr. Kauss spoke in opposition of the requested rezoning case and stated that his residence, Villa De Vista, was an adjacent property that would be the most impacted by the proposed development. He claimed that the requested density was unconstitutional and challenged the commission to consider the zoning classifications of the surrounding properties. He claimed that the maximum defensible density for the property was five units per acre.

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Minutes Acceptance: Minutes of Aug 7, 2013 7:00 PM (APPROVAL OF MINUTES)

3.

Applicant- Doug Dillard

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9.

Motion to extend the public hearing portion of the agenda by 3 minutes for members of the public and the applicant. APPROVED [UNANIMOUS] John Funny John Hess Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

RESULT: MOVER: SECONDER: AYES: 10. Doug Dillard

Mr. Dillard addressed opposition claims from the public and pointed out that his proposed density was in line with the DeKalb County Comprehensive plan. He offered a narrative of the development trends in the area and the movement towards a more urban developed environment. He requested approval of his proposed rezoning with the conditions of staff and his submitted conditions.

11. Mary Novotny
Ms. Novotny spoke in opposition of the development and expressed concerns that the site plan for the proposed development contained no connectivity plans. She requested assurance from the commission that the proposed development would provide good neighbors and benefit the entire community.

12. Doug Dillard
Mr. Dillard addressed the connectivity issues that had been raised by Ms. Novotny.

13. Commissioner Segal Closed the Public Hearing for RZ13-01 - 1475 N Druid Hills Rd. 14. Commission Discussion
Members of the Commission expressed comments about the proposed development and asked questions of member of the public and the applicant relating to the support and opposition of the project.

15. 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. (Applicant requested deferral during Planning Commission Hearing. Planning Commission recommended deferral).
Recommended with three amendments

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Minutes Acceptance: Minutes of Aug 7, 2013 7:00 PM (APPROVAL OF MINUTES)

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RESULT: MOVER: SECONDER: AYES: NAYS:

REC. FAVORABLY WITH CONDITIONS [6 TO 1] 9/10/2013 7:00 PM Shannon Cameron John Funny Segal, Cameron, Honderd, Schmidt, Funny, Hess Francour

Next:

RESULT: MOVER: SECONDER: AYES:

APPROVED [UNANIMOUS] Shannon Cameron John Funny Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

17. Motion to amend the original motion to include the site plans A -101, A-102, A-103, and A-104 RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Stan Segal, Chairman Shannon Cameron Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

18. Motion to amend the original motion to strike item three of the applicant's conditions from the original motion RESULT: MOVER: SECONDER: AYES: E) NEW BUSINESS
A) RZ13-06: Roxboro Rd. and Wright Ave

APPROVED [UNANIMOUS] Shannon Cameron John Funny Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

1. 2.

Commissioner Segal Opened the Public Hearing for RZ13-06 - E Roxboro Rd and Wright Ave Susan Canon

Community Development Director Canon presented the staff report to the Planning Commission on RZ-1306 E Roxboro Rd and Wright Ave.

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16. Motion to amend the original motion to strike item five and six of the applicant's letter and to amend item seven to state that it is in accordance with the Storm Water Managment Act 14-40

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3.

Applicant - Shea Roberts

Ms. Roberts provided an account of the history of the property and stated her representation for the property owners. She explained that the request for rezoning was submitted because the property owners had a desire to develop the undeveloped land.

4.

Kerry Witt

Mr. Witt spoke in favor of the proposed rezoning and stated that he was opposed to the original zoning of the property. He referenced a 20ft easement along Roxboro Rd on the property that was created in the original zoning.

Mr. Neumeier spoke in support of the proposed rezoning and pointed out specific details of the development that led to his support.

6.

Dr. Charles Ruhl

Dr. Ruhl spoke in opposition of the proposed rezoning and claimed that he was a property owner of lots 1977 and 1987 on Roxboro Rd. He claimed that he was not in possession of a contract for the development and he had not approved the redevelopment of his property.

7.

Applicant- Shea Roberts

Ms. Roberts offered some clarification on the contract questions and stated that she could not confirm that all notarized signatures from property owners had been received.

8.

Laurel David

Ms. David spoke in opposition of the proposed redevelopment and stated that she was the attorney who handled the rezoning in 2011. She submitted a packet of information to the Commission that included Georgia and DeKalb County code sections that challenged the legality of the proposed development and rezoning. She also pointed out some of the original conditions of the initial rezoning and cited the site plan and the 30ft dedication that was granted to the right of way on Roxboro Rd to allow for future road expansion.

9.

Director, Commission, and Applicant Discussion

The Applicant requested deferral based on the new events. Director Canon pointed out that the public hearing had already been opened, therefore the planning commission could only defer their recommendation. She also pointed out that the staff would move forward with what was believed to be a valid application and that it would be the burden of the applicant, and eventually the City Council, to fix and then approve the legality of the application. Members of the Commission submitted questions to Director Canon regarding the proper procedure to move forward, and the conditions of the application.

10. Kerry Witt
Mr. Witt commented on the legality of the application and claimed that it would be improper to close off opportunities for the public to comment on the application in the future.

11. Applicant- Shea Roberts
Ms. Roberts expressed reservations to proceed with the application. She addressed statements made by the opposition.

12. Commissioner Segal Closed the Public Hearing for RZ13-06 - Roxboro Rd and Wright Ave
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5.

J. Michael Neumeier

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13. Rezoning Ordinance (ID # 1124): Rz13-06: Artisan Home Crafters, LLC, C/O Roberts & Daughdrill, P.C.; Request to Rezone 2.16 Acres Located 1107, 1111, and 1115 Wright Avenue; 1977 and 1987 E Roxboro Road, Atlanta Ga 30324 from RNCD to R-60 to Build 10 New Single Family Detached Homes
Recommended with staff's conditions and additional condition to add two foot beauty strip to sidewalks. A discussion ensued among the members of the commission about the substance of the public hearing for this item. Commissioner Segal requested an amendment to the motion to include the statement that the recommendation was contingent upon the legality of the application. An additional condition was added to include sidewalks along Wright Avenue.

MOVER: SECONDER: AYES: NAYS:

14. Motion to add item number five to the recommendations and conditions to define sidewalks as five foot wide with two foot beauty strips. RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Stan Segal, Chairman John Hess Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

15. Motion to make the recommended approval of the application contigent upon clear and legal ownership of the application. RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Stan Segal, Chairman John Funny Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

16. Motion to add sidewalks along the entire frontage of the property including Wright Avenue.

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Minutes Acceptance: Minutes of Aug 7, 2013 7:00 PM (APPROVAL OF MINUTES)

RESULT:

REC. FAVORABLY WITH CONDITIONS [6 TO 1] 8/27/2013 7:00 PM Rob Francour John Funny Segal, Cameron, Honderd, Funny, Francour, Hess Schmidt

Next:

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RESULT: MOVER: SECONDER: AYES:

APPROVED [UNANIMOUS] Jack Honderd John Funny Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

B) RZ13-07: 1440 and 1448 Harts Mill Rd

1. 2.

Susan Canon

Community Development Director Canon presented the staff report to the Planning Commission on RZ-1307: 1440 and 1448 Harts Mill Rd. She reported that the staff recommended approval of the application with four conditions and explained that the applicant needed to provide confirmation of agreement or disagreement of the conditions. Mr. Funny inquired about the details of condition number two.

3.

Applicant- Doug Dillard

Mr. Dillard accepted staff's conditions and requested approval of the application.

4.

Richard Gallagher

Mr. Gallagher commented on the proposed development and claimed that his neighborhood, New Haven, had not been contacted by the developer. He cited elevation variations with neighboring properties and expressed concerns with the flow of storm water as a result of an increase in density on surrounding properties. He also requested assurance that New Haven's perimeter fencing would not be affected. He expressed concerns with the traffic flow outside of his neighborhood and commented on the proposed developments affects to the current surrounding landscaping.

5.

Doug Dillard

Mr. Dillard expressed a willingness to meet with residents of New Haven to work out their concerns and explained the purpose of the request for rezoning. He requested approval with the understanding that the applicant would meet with the New Haven. Mr. Francour inquired about the details of the road in the proposed development.

6.

Commissioner Segal Closed the Public Hearing for Rz13-07 1440 and 1448 Harts Mill Rd

7. Rezoning Ordinance (ID # 1125): Rz13-07: Residential South Partners, LLC, Seeks the Following: Rezoning of 2.92 Acres Located at 1440 and 1448 Harts Mill Road, Atlanta GA 30319, from R-A5c to R-A5c (A Change to Previously Approved Conditions) to Allow for the Construction of Twelve (12) Single Family Detached Homes.
Recommended favorably with staff's conditions.

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Minutes Acceptance: Minutes of Aug 7, 2013 7:00 PM (APPROVAL OF MINUTES)

Commissioner Segal Opened the Public Hearing for Rz13-07 1440 and 1448 Harts Mill Rd

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RESULT: MOVER: SECONDER: AYES:

REC. FAVORABLY WITH CONDITIONS [UNANIMOUS] Next: 8/27/2013 7:00 PM John Funny Adrian Schmidt Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

C) RZ13-08 Zoning Text Amendment

1. 2.

Commissioner Segal Opened the Public Hearing for RZ13-08 Zoning Text Amendment Susan Canon

Community Development Director Canon presented the staff's report for RZ13-08 Zoning Text Amendment, and introduced Bryan Dykes to give an overview of the purpose of the amendment.

3.

Bryan Dykes

Mr. Dykes introduced himself and offered a brief historical account of his work with the City Attorney's office to develop sexual orientated business regulations. He explained that the current zoning amendment was not an additional law, but the harmonization of multiple laws that had recently been approved by the City Council. He offered an explanation of the legal justification for secondary effects, and cited and summarized numerous legal precedents to support his explanation. He introduced into the record a CD compilation of secondary effects evidence.

4.

Aubrey Villines

Mr. Villines introduced himself, thanked the Commission for their service and stated that he was opposed to the Zoning Ordinance text amendment. He claimed that the text amendment was a product of a law suit filed by the Pink Pony which pointed out numerous deficiencies in the city's current laws. He continued to substantiate his opposition by offering an abstract characterization of the justification of secondary effects evidence to support regulatory laws. He also summarized a history of adult businesses in DeKalb County.

5. 6.

Commissioner Segal Closed the Public Hearing for RZ13-08 Zoning Text Amendment Commission Discussion

Mr. Hess expressed concerns with the proposed text amendments and commented on the complexity of the language. He expressed a desire to have more time to review the proposed amendment in order to examine the implications of it. Commissioner Segal pointed out that it was the responsibility of the Commission to make a recommendation on the land-use aspects of zoning items. Director Canon pointed out that the text amendment was initiated by the city, drafted by the legal team, and recommended by staff. She explained that Mr. Dykes was one of the authors of the amendment and was there to answer any questions about the legal language within it. Mr. Francour expressed a desire to abstain from the vote.

7.

Motion to extend approval of RZ13-08 to the October 2, 2013 Planning Commission Regular Meeting

Ms. Cameron pointed out that it was not within the responsibility of the commission to amend the legal language of a staff recommended amendment. She felt that it was not necessary to extend the item for 60 days because that extension would not bind the City Council from acting on the item at the next

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Minutes Acceptance: Minutes of Aug 7, 2013 7:00 PM (APPROVAL OF MINUTES)

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RESULT: MOVER: SECONDER: AYES: NAYS:

DEFEATED [2 TO 5] John Hess Jack Honderd Honderd, Hess Segal, Cameron, Schmidt, Funny, Francour

8. Ordinance (ID # 1126): RZ13-08: Text Amendment to Amend the City's Zoning Ordinance with Regard to Adult Entertainment Establishments and Sexually Oriented Businesses.
Mr. Hess pointed out that he did not have a moral objection to the issue and expressed a concern with cost associated with the legal assistance for the matter. He questioned the review factors relating to the cost associated with a project. Director Canon attempted to offer an explanation of his concerns.

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

RECOMMENDED FAVORABLY [5 TO 2] Next: 8/27/2013 7:00 PM Shannon Cameron John Funny Segal, Cameron, Schmidt, Funny, Francour Honderd, Hess

1. Motion to Adjourn RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Jack Honderd John Funny Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

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amendment. She claimed that the text amendment was too important to postpone and that it would be a waste of time to defer their recommendation. Commissioner Segal commented on the land use aspects of the text amendment and expressed agreement with Ms. Cameron's statements. Mr. Hondred expressed confusion with the complexity of the ordinance and stated that he would prefer refraining from a recommendation thus leaving the decision up to the council. Mr. Schmidt made reference to goal of the city relating to adoption and improvements to DeKalb's Code of Ordinances and stated that it seemed like the text amendment was an application of that principal. He referenced section fifteen of the amendment and asked for further clarification of its details. Bryan Dykes explained that the referenced findings were taken into consideration during the approval of the licensing ordinance back in January. Mr. Funny pointed out that the legal representation had presented the commission with an approved document, that it contained simplistic land use questions, and that the commission should feel comfortable with acting on. Mr. Hess asked for further clarification on Mr. Schmidt's questions.

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: September 04, 2013 Planning Commission Community Development

ISSUE/AGENDA ITEM TITLE: RZ13-09 - Churchill Partners, LLC - Rezoning Request from R-100 to R-75 Property Located at 3369 Osborne Road for Two Single Family Residential Lots BACKGROUND/SUMMARY: Please see attached staff recommendation. FISCAL IMPACT: (Budgeted – over or under)
N/A

STAFF RECOMMENDATION: Please see attachment - Staff Recommendation RZ13-09. ATTACHMENTS:
    Staff Recommendation RZ13-09 RZ13-09 Application RZ13-09 Site Plan (PDF) Opposition received prior to PC on 9-4-2013 (PDF) (PDF) (PDF)

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Rezoning Ordinance (ID # 1137)

Meeting of September 4, 2013

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Rezoning Petition: Date of Staff Recommendation Preparation: Planning Commission Public Hearing Date: Mayor and City Council Public Hearing Date: Project Name /Applicant: Property Location: Acreage: Existing Zoning: Proposed Zoning: Owner/Petitioner: Churchill Partners, LLC 3369 Osborne Road .47 R-100 (Single-Family Residential) R-75 (Single-Family Residential) Churchill Partners, LLC

RZ13-09 August 28, 2013 September 4, 2013 September 24, 2013

Owner/Petitioner’s Intent: To rezone property from R-100 (Single-Family Residential) to R-75 (Single-Family Residential) to allow for two (2) singlefamily lots. Community Development Department Recommendation Approval (Subject to Recommended Conditions) Location Map

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Attachment: Staff Recommendation RZ13-09 (1137 : RZ13-09 3369 Osborne Road)

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BACKGROUND The site is located on the northeast side of Osborne Road near Devine Circle. The character of the area consists of single-family residential land use to the north, south, east and west. In addition, situated to the west across Osborne Road, is Lynwood Park (currently considered a community park) comprising, but not limited to, a shade structure, multi-purpose field, recreation center, swimming pool, tennis courts, a playground, and green space.
Attachment: Staff Recommendation RZ13-09 (1137 : RZ13-09 3369 Osborne Road)

The site is currently vegetated and undeveloped. The applicant proposes to rezone the site from R-100 to R-75 for the construction of two single family residential homes each with a minimum heated floor area of four thousand (4,000) square feet. ADJACENT LANDS ANALYSIS Density of neighboring lots 2.43 DU/Acre 2.12 DU/Acre 2.5 DU/Acre N/A Future Land Use Suburban 95 feet R-100 Single family residential Single family residential (currently under construction) Lynwood Park and Single family residential Suburban 148 feet Suburban Suburban N/A ANALYSIS OF SUBJECT PROPERTY AS CURRENTLY PLATTED AND ZONED Zoning R-100 Density 2.12 DU/Acre Future Land Use Suburban Frontage 167 feet Frontage

Location/ Address North (3385 Osborne Rd.) East (3348 Breton Ct NE) South (3376 Osborne Rd.) West (across Osborne Rd.)

Zoning R-100

Current Land Use Single family residential

107 feet

R-100 R-75

ANALYSIS OF SUBJECT PROPERTY IF SUBDIVIDED AND REZONED Zoning R-75 Density 4.25 DU/Acre Future Land Use Suburban Frontage ∼ 83.5 Feet

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REVIEW STANDARDS AND FACTORS 1. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan? This property is designated on the future land use map in DeKalb County’s Comprehensive Plan 2005-2025 (adopted by the City of Brookhaven) as ‘Suburban Character’. The Comprehensive Plan indicates that the intent of the Suburban Character Area is to recognize those areas that have developed in traditional suburban land use patterns while encouraging new development to have increased connectivity and accessibility. As a policy, the Plan calls for the protection of stable neighborhoods from incompatible development that could alter established residential pattern and density. The Plan further indicates that the Suburban Character Area supports a density up to eight (8) dwelling units per acre. Under the current proposal and recognition of surrounding uses and zoning, it appears that the proposed use of the property would be consistent with the Comprehensive Plan. 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 surrounding area is for the most part built-out and the adjoining property to the east (3376 Osborne) is currently under construction. Records indicate that the home under construction was permitted in July of 2013 and that the heated floor area will be approximately 5,700 square feet. The proposed single family residential homes are planned to be a minimum of 4,000 square feet of heated floor area. The proposed use appears to be suitable given the use and development of the adjacent and nearby properties. 3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned? The current zoning on the subject property appears to provide for reasonable economic use. 4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed rezoning to R-75 for two single family homes 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? The infill residential development which has occurred in the vicinity of the tract, the home under construction to the south, the presence of Lynwood Park, and the designation of suburban character by the Plan give supporting grounds to support the zoning proposal. 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.

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Attachment: Staff Recommendation RZ13-09 (1137 : RZ13-09 3369 Osborne Road)

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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? To date, the City of Brookhaven has not received a response from DeKalb County Offices or the DeKalb County School System. The Public Works Department requested the extension of the existing Osborne Road sidewalk with a five foot sidewalk to Devine Circle and an adjustment to existing curb heights along the property frontage.
Attachment: Staff Recommendation RZ13-09 (1137 : RZ13-09 3369 Osborne Road)

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. It is the staff’s opinion that the proposed rezoning to R-75 will not cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. Community Development Department Recommendation Approval (Subject to Recommended Conditions) Should this application be approved by Mayor and Council, the staff recommends the following conditions: RECOMMENDED CONDITIONS 1. The subject property shall be developed in substantial accordance with the plan prepared for Churchill Partners stamped received August 12, 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. 2. All homes constructed shall contain a minimum heated floor area of four thousand (4,000) square feet. 3. The owner/developer shall install a five (5) foot wide sidewalk along the total property frontage of Osborne Road, connecting to the existing sidewalk, extending to Devine Circle. Sidewalk installation shall occur prior to the issuance of a Certificate of Occupancy. 4. The owner/developer shall adjust the existing curbs heights along the total property frontage as required by the city’s Stormwater Utility Manager. Curb adjustment shall occur prior to the issuance of a Certificate of Occupancy.

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Attachment: Opposition received prior to PC on 9-4-2013 (1137 : RZ13-09 3369 Osborne Road)

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