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CITY OF BROOKHAVEN

PLANNING COMMISSION Stan Segal Chairman Shannon Cameron John Funny Rob Francour Jeff O' Connell Bert Levy Caitlin Miller AGENDA January 8, 2014 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

7:00 PM

A) CALL TO ORDER 1. Roll Call B) APPROVAL OF MINUTES 1. Approval of December 2, 2013 Planning Commission Work Session Meeting Minutes 2. Approval of December 4, 2013 Planning Commission Regular Meeting Minutes C) ORGANIZATIONAL AND PROCEDURAL ITEMS D) UNFINISHED BUSINESS E) NEW BUSINESS 1. 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. 2. RZ13-14 - Courtney Dufries - Rezoning Request from R-75 (Single-Family Residential) to R-50 (Single-Family Residential) at 1458 Etowah Drive to Construct Three Single Family Homes. F) ADJOURNMENT

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CITY OF BROOKHAVEN
PLANNING COMMISSION DRAFT MINUTES December 2, 2013 Work Session Meeting
200 Ashford Center N, Suite 150, Dunwoody, GA 30338

12:30 PM

A) CALL TO ORDER
Minutes Acceptance: Minutes of Dec 2, 2013 12:30 PM (APPROVAL OF MINUTES)
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B) ORGANIZATIONAL AND PROCEDURAL ITEMS


Susan Canon, Community Development Director, noted three organizational items: Zoning Calendar. Mrs. Canon noted Council adopted a 2014 Calendar for the Commission. Work session schedule. Mrs. Canon discussed the arrangement for the scheduled work sessions. She cited that the Board will need to consider moving to one work session either during the lunch hour or night of the meeting. Board procedures. Per her discussions with Chairman Segal, Mrs. Canon stated that she will be working with the Commission to spell out procedures.

C) UNFINISHED BUSINESS D) NEW BUSINESS 1. Discussion of Upcoming Regular December Meeting Agenda
Rezoning-1296, 1302 & 1304 Kendrick Road-RZ13-12 Ben Song, Planning and Zoning Manager, gave a brief overview of the staff report which included the analysis and conditions for the request. Mr. Song cited that the proposal included two phases: phase I and phase II. For phase I, he said the applicant seeks to locate off-street parking to accommodate the expansion of the business. He then explained that Phase II presents the applicants future develop ment vision for the subject property and current location of Nuts n Berries. Susan Canon, Director of Community Development clarified that the business, Nuts n Berries, was located in the overlay district, but the subject parcels were not. The Commission discussed both phase I and phase II site plans with staff. Mr. Song stated that staff recommended approval per the listed conditions: 1. The subject property shall be developed in substantial accordance with the plan prepared for Mark L. Kick, stamped received October 23, 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. A combination plat shall be completed prior to the issuance of a land development or building permit. The design concepts of the Brookhaven-Peachtree Overlay District shall be incorporated into the development of the subject property, as approved by the Community Development Director. A five foot sidewalk shall be added along the entire Kendrick Road frontage for the subject property with appropriate beauty strip, and shall be subject to review and approval of the Public Works Director. The applicant shall submit a final site plan for Phase II for approval of the Planning Commission and City Council, as the plan submitted October 23, 2013 is only a conceptual plan.

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Minutes Planning Commission December 2, 2013

6.

Obtain GDOT permit for Peachtree Road driveway modification for the Nuts n Berries property. The Peachtree Road entrance shall be restricted to a right turn in only.

The Board discussed the conditions and asked question of staff. Rezoning -1424, 1428 &1432, Sylvan Circle 2396, 2400, 2404 Coosawattee Drive-RZ13-13 Commissioners Adrian Schmidt and Jack Honderd stated that they had conflicts with the application and that they would have to recuse themselves from discussion.

E) ADJOURNMENT
Commissioner Shannon Cameron made a motion to adjourn. This motion was seconded by Commissioner Jack Honderd.

APPROVED: _____________________ Stan Segal, Commissioner ATTEST: ___________________________ Community Development Approved

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Minutes Acceptance: Minutes of Dec 2, 2013 12:30 PM (APPROVAL OF MINUTES)

Ben Song, Planning and Zoning Manager, gave a brief overview of the staff report which included the analysis and conditions for the request. Mr. Song cited that staff recommended denial due to the fact that the lot has development potential as currently zoned. Commissioner Funny asked questions about conditions and stated that it was his opinion that conditions should be listed, if a denial is recommended. Mrs. Canon stated that it was standard practice to include conditions as guidance should the Commission decide to vote in favor. She said she could have discussion with the Board to change this practice.

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CITY OF BROOKHAVEN
PLANNING COMMISSION DRAFT MINUTES December 4, 2013 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

7:00 PM

A) CALL TO ORDER
Minutes Acceptance: Minutes of Dec 4, 2013 7:00 PM (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 Absent Present Absent Present Arrived

Staff present: Susan Canon, Ben Song and John Olson. Chairman Stan Segal awarded plaques to Commissioner John Hess and Jack Honderd. Director of Community Development, Susan Canon thanked them for their service.

B) APPROVAL OF MINUTES 1. Approval of September 4, 2013 Planning Commission Work Session Meeting Minutes RESULT: MOVER: SECONDER: AYES: ABSENT: ACCEPTED [UNANIMOUS] John Funny John Hess Segal, Cameron, Honderd, Funny, Hess Schmidt, Francour

2. Approval of September 4, 2013 Planning Commission Regular Meeting Minutes RESULT: MOVER: SECONDER: AYES: ABSENT: ACCEPTED [UNANIMOUS] John Hess John Funny Segal, Cameron, Honderd, Funny, Hess Schmidt, Francour

C) ORGANIZATIONAL AND PROCEDURAL ITEMS 1. 2014 Land Use Process and Meeting Calendar

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Minutes Planning Commission December 4, 2013

Stan Segal identified a correction to the 2014 land use and process calendar. Mrs. Canon pointed out that the calendar was planned around the holidays.

RESULT: MOVER: SECONDER: AYES: ABSENT:

ADOPTED [UNANIMOUS] Shannon Cameron John Funny Segal, Cameron, Honderd, Funny, Hess Schmidt, Francour
Minutes Acceptance: Minutes of Dec 4, 2013 7:00 PM (APPROVAL OF MINUTES)

2. Planning Commission Rules and Procedures


Chairman explained a modification to the process and procedures. Susan explained that the change gives the applicants ten minutes, including time for rebuttal.

RESULT: MOVER: SECONDER: AYES: ABSENT:

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

D) UNFINISHED BUSINESS E) NEW BUSINESS


Chairman Segal explained the process and procedures for the public hearing. He stated that a 3 minute time cap would be allowed for each person speaking concerning the application.

1. "APPLICATION DOES NOT MEET MINIMUM CRITERIA FOR ZONING CATEGORY AND THEREFORE NO PUBLIC HEARING ON THE ITEM WILL BE HELD" RZ13-12 - Atlanta Resource Enterprise LLLP, Rezoning Request, from R-100 (Single-Family Residential) to OCR (Office-Commercial-Residential) at 1296, 1302 and 1304 Kendrick Rd., to Expand and Bring into Compliance an Existing Parking Lot
Chairman Segal explained that the item was taken off the agenda. Susan Canon explained that the application did not meet minimum criteria for acreage for the OCR district, which requires a 2 acre minimum. She stated that the signs were removed, and emails were sent to everyone who sent correspondence to the City. No public hearing occurred on the item.

2. 1188 : RZ13-13 1424, 1428, 1432 Sylvan Cir.; 2396, 2400, 2404 Coosawattee Dr. Motion to deny and recommend unfavorably
Director Canon explained the application to the Commission. She stated that the applicant has requested a deferral but cited the Planning Commission did not have the authority to grant a deferral. She noted that the Planning Commission would need to proceed with the public hearing and then make a recommendation to the Council. Mrs. Canon explained that due to a conflict with the City's 1st anniversary event, the Council meeting will be held at Oglethorpe at 4:30 on December 17, 2013. Mrs. Canon read the staff report to Commission and stated that staff recommended denial of the application. Commissioner Jack Honderd recused himself and left the room.

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Rex Brady, representing planners and engineers collaborative, spoke in favor of the request. He said that he was requesting deferral so they have time to address concerns with the property and meet with neighbors. Commissioner Funny stated that it would be best if discussion occurred with the neighbors prior to the Planning Commission hearing the item. Commissioner Funny made a motion to extend the time to allow speakers an additional ten minutes, noting that each speaker hold their time to three minutes. Neighbor Katherine Nash (1386 Noel Drive, NE), Julia Heath (1416 Sylvan Circle), Alvin J. Bryant (1385 Tugaloo Drive), Stephen Bromley (2374 Coosawattee Drive), Elizabeth Eggers (1408 Tugaloo Drive), Anne McAllester (2407 Coosawattee Drive), Thomas Porter (1420 Canoochee Drive, NE) and Jenny Trautman (2390 Coosawattee Drive) spoke in opposition of the request. Denise Johnson expressed concern regarding the change in time of the Council meeting. Chairman Stan Segal closed the public hearing. The Commission discussed the application and asked questions of the applicant. Motion and Vote: Commissioner Shannon Cameron made a motion to recommend denial to Council. The motion was seconded by John Funny. The motion to recommend denial of the requested rezoning passed by a vote of 4-0.

RESULT: MOVER: SECONDER: AYES: ABSENT: RECUSED: F) ORDINANCES G) ADJOURNMENT

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

Stan Segal made a motion to adjourn the meeting. The motion was seconded by Jack Honderd.

APPROVED: _____________________ Stan Segal, Commissioner ATTEST: ___________________________ Community Development Approved

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Minutes Acceptance: Minutes of Dec 4, 2013 7:00 PM (APPROVAL OF MINUTES)

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: January 08, 2014 Planning Commission Community Development

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: FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:
Staff Recommendation RZ13-11 RZ13-11, SLUP13-01 & 02 application Revised Site Plan_11-6-13 (PDF) (PDF) (PDF) Request to defer 30 days_12-10-13 Non-warranted DRI Letter_11-25-13 1991 DRI Review (PDF) Trip Gen Memo 11-05-13 (PDF) (PDF) (PDF)

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Rezoning Petition: RZ13-11; SLUP13-01 & SLUP13-02 Date of Staff Recommendation Preparation: Planning Commission Public Hearing Date: Mayor and City Council Public Hearing Date: December 30, 2013 January 8, 2014 January 28, 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

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Attachment: Staff Recommendation RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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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 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
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Attachment: Staff Recommendation RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

Location Map

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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. 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 RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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.

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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)

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

Single-Family Residential

South: Across Perimeter Summit Parkway

R-100

Georgia Power Transmission Station

South: Across Perimeter Summit Parkway

R-100

Single-Family Residential

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

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NEARBY/SURROUNDING LAND ANALYSIS

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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.

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Attachment: Staff Recommendation RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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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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? 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 may 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.

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Attachment: Staff Recommendation RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

6. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources?

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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. 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.

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3. Adequacy of public services, public facilities, and utilities to serve the use contemplated.

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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. 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.

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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.

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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. 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

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Attachment: Staff Recommendation RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

14. Whether the length of time for which the special land use permit is granted should be limited in duration.

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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, 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 RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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.

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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 RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

DEPARTMENT COMMENTS

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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 RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

STAFF RECOMMENDED CONDITIONS

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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 RZ13-11 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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.

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Attachment: RZ13-11, SLUP13-01 & 02 application (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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Attachment: Request to defer 30 days_12-10-13 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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Attachment: Non-warranted DRI Letter_11-25-13 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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Attachment: Non-warranted DRI Letter_11-25-13 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170

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Attachment: 1991 DRI Review (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170 Ashford Dunwoody

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A&R Engineering Inc.


Attachment: Trip Gen Memo 11-05-13 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170 Ashford
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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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. 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 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170 Ashford

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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. 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 (1232 : RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company-4170 Ashford

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: January 08, 2014 Planning Commission Community Development

ISSUE/AGENDA ITEM TITLE: RZ13-14 - Courtney Dufries - Rezoning Request from R-75 (Single-Family Residential) to R-50 (Single-Family Residential) at 1458 Etowah Drive to Construct Three Single Family Homes. BACKGROUND/SUMMARY: FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:
Staff Recommendation RZ13-14 RZ13-14 application (PDF) (PDF)

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

RZ13-14 December 30, 2013 January 8, 2014 January 28, 2014

Project Name /Applicant: Property Location: District/ Land Lot Acreage: Existing Zoning: Proposed Zoning:

Courtney Dufries 1458 Etowah Drive NE 18th District, Land Lot 238 0.445 acres R-75 (Single-Family Residential) R-50 (Single-Family Residential)

Future Development Map Designation: Traditional Neighborhood Owner/Petitioner: Courtney Dufries

Owner/Petitioners Intent: To rezone the subject property from R-75 (Single-Family Residential) to R-50 (Single-Family Residential) to allow for three single-family lots. Community Development Department Recommendation: Approval with conditions

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Attachment: Staff Recommendation RZ13-14 (1233 : RZ13-14 - Courtney Dufries - Rezoning Request, from R-75 to R-50 at 1458 Etowah Drive)

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Location Map

BACKGROUND The subject property is a 0.445 acre site comprised of one lot of record. The property is zoned R75 (Single-Family-Residential) and is found on the northwest corner of Oostanaula Drive and Etowah Drive. The subject property is developed with one single-family residence that is accessed from Etowah Drive. The site is surrounded by single-family detached homes immediately adjacent, zoned R-A8 to the north, R-75 to the south, R-75 to the east and R-75 to the west. An R-50 district, comprised of three lots, is also located across Oostanaula Drive to the northeast. A vacant church (zoned R-75) is found across Etowah Drive immediately south of the site, located at 1457 Oostanaula Drive, NE. Per the City of Brookhavens Zoning Ordinance, the R-75 zoning district requires a minimum lot size of 10,000 square-feet and 75 feet of lot frontage. Based on these district requirements, the property exist as a legal conforming lot of record as it maintains 19,384 square feet and has 99.8 feet of frontage along Etowah Drive and 200.19 feet along Oostanaula Drive. Staff would make note that very few lots comply with the R-75 district standard within the Brookhaven Fields neighborhood, as they were originally comprised of two 50 X 200 foot lots per the 1923 Plat, which was recorded prior to the adoption of DeKalb Countys zoning. Staff would further note that the subject lot was originally comprised of two 50 X 200 foot lots; however, the property was later combined into one lot as part of the homestead exemption. The applicant requests to rezone the property to an R-50 single-family district wherein the district allows a minimum lot size of 6,000 square feet and minimum frontage of 60 feet. Such request will allow the owner to subdivide the property into three lots that conform to the R-50 district for lot size and frontage. Based on the plan submitted, each lot is proposed to have 66.73 feet of width along Oostanaula Drive and have a depth of 100 feet. The total square footage of each lot is listed as 6,673 square feet. Therefore, each proposed lot would exceed the minimum district lot size requirement.

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Attachment: Staff Recommendation RZ13-14 (1233 : RZ13-14 - Courtney Dufries - Rezoning Request, from R-75 to R-50 at 1458 Etowah Drive)

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NEARBY/SURROUNDING LAND ANALYSIS Nearby/surrounding properties North (2502 Oostanaula) Northeast (2501 Oostanaula Drive, 1463 Canoochee Drive NE, and 1467 Canoochee Drive NE) West (1448 Etowah Drive) South (1451 and 1457 Etowah Drive) East (2497, 2493, 2489, and 2487 Etowah Drive) Zoning R-A8 Current Land Use(s) Single-Family Residential

R-50

Single-Family Residential Single-Family Residential

R-75 R-75

Single-Family Residential R-75 Single-Family Residential

ANALYSIS OF SUBJECT PROPERTY AS CURRENTLY PLATTED AND ZONED Location/ Address 1458 Etowah Drive NE Zoning R-75 Lot Size 19,384 sq. ft. Future Land Use Traditional Neighborhood

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 Traditional Neighborhood Character Area. The Comprehensive Plan indicates that the intent of the Traditional Neighborhood Character Area is to preserve the style and appeal of older traditional neighborhood communities. The Plan further indicates that the area supports a density of up to twelve (12) dwelling units per acre. Because the proposed development is similar to recent development in the Brookhaven Fields neighborhood, it appears that the proposed use of the property would be consistent with the policies of the Comprehensive Plan.

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Attachment: Staff Recommendation RZ13-14 (1233 : RZ13-14 - Courtney Dufries - Rezoning Request, from R-75 to R-50 at 1458 Etowah Drive)

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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 proposal to rezone the lots to R-50 appears to be suitable as R-50 and R-A8 zoning districts are found directly north and northeast, adjacent to the subject property. It also appears that the zoning proposal will allow the lots to be subdivided in a manner that is contextual to the existing streetscape. Based on the applicants request to subdivide the parcel, the frontage along Oostanaula Drive will result in three 66.73 feet lot frontages. Such a reduction will conform to the R-50 zoning district and will allow infill development to occur in a pattern consistent to adjacent and nearby properties. 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? It appears that the single-family proposal will not adversely affect adjacent or nearby properties. 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 prevalent trend in the Brookhaven Fields neighborhood is for a more compact lot pattern with larger home sizes relative to the lot sizes. It is important to note that the Brookhaven Fields neighborhood is located next to the Brookhaven Overlay District in which development at mixed uses and higher densities has occurred. As property in the neighborhood continues to develop at higher densities, it will more appropriately serve areas of the overlay, including the Marta Station and the Brookhaven Village Town Center. This emerging trend, which emphasizes higher density and walkability, gives supporting grounds for approval. The requested use appears to be compatible with surrounding properties which give 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.

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Attachment: Staff Recommendation RZ13-14 (1233 : RZ13-14 - Courtney Dufries - Rezoning Request, from R-75 to R-50 at 1458 Etowah Drive)

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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 or the DeKalb County School System. The applicants proposed development may increase traffic, utility capacity, and school aged children if fully developed with three single family residences. DEPARTMENT COMMENTS PUBLIC WORKS No Comment. 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. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Approval of RZ13-14 with conditions.

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Attachment: Staff Recommendation RZ13-14 (1233 : RZ13-14 - Courtney Dufries - Rezoning Request, from R-75 to R-50 at 1458 Etowah Drive)

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STAFF RECOMMENDED CONDITIONS Based upon the findings and conclusions herein, Staff recommends Approval with conditions of RZ13-14 as R-50 Conditional. Should the petition be approved, the Community Development Department recommends the following conditions: 1. The subject property shall be approved for up to 3 single-family lots. 2. The subject property shall be developed in substantial accordance with the layout and site plans, 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. 3. The corner lot created by the new subdivision shall have at least 75 feet of frontage facing Oostanaula Drive. 4. Prior the issuance of a final plat, the owner/developer shall dedicate sufficient right-of-way along the total property frontage along Etowah Drive and Oostanaula Drive to provide for a width of 25 feet from the centerline of both roadways. 5. Prior the issuance of a final plat, the owner/developer shall dedicate sufficient right-of-way for a miter at the intersection of Etowah Drive and Oostanaula Drive. Said miter to measure a minimum of 15 feet along each of the named roadways. 6. Prior the issuance of a Certificate of Occupancy for individual lots, the owner/developer shall construct a 5-foot wide sidewalk and 2-foot wide landscape strip along the entire property frontage along Oostanaula Drive. 7. A final plat shall be recorded prior to the issuance of any building permit. 8. Building Permit for a new house on each lot shall include design and detail of practice(s) that will capture 1-inch of runoff from impervious surfaces to be dissipated through infiltration, evaporation and/or evapotranspiration, and be subject to review and approval of the Community Development Department.

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