city of brookhaven, ga 2014-04-22 city council - full agenda-1184

CITY OF BROOKHAVEN

BROOKHAVEN CITY COUNCIL

City of Brookhaven 4/22/2014 7:00 PM Page 1

J. Max Davis, Mayor

Rebecca Williams - District 1

Jim Eyre - District 2

Bates Mattison - District 3

Joe Gebbia - District 4

AGENDA

April 22, 2014 Regular Meeting 7:00 PM

2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

A) INVOCATION

B) CALL TO ORDER

1. Roll Call

C) PLEDGE OF ALLEGIANCE

D) OPENING REMARKS

E) AGENDA ANNOUNCEMENTS

F) PUBLIC COMMENT

G) CONSENT AGENDA

1. Approval of April 15, 2014 Brookhaven City Council Regular Meeting Minutes

H) ANNOUNCEMENTS

I) REPORTS AND PRESENTATIONS

1. Update on Zoning Map Audit - City Manager Marie Garrett

2. Update on Parks Purchase - City Manager Marie Garrett

3. Update on City Hall - City Manager Marie Garrett

J) PUBLIC HEARING ITEMS

1. City of Brookhaven 2034 Comprehensive Plan Commencement Hearing - Public

Hearing

Open Public Hearing - Mayor Davis

Agenda Brookhaven City Council April 22, 2014

City of Brookhaven Page 2 Updated 4/18/2014 5:51 PM

2. RZ14-03: Text Amendment to the Zoning Ordinance Regarding Public Participation

Within the Land Use Application Process - Public Hearing


Ordinance ORD-2014-04-01: Consideration of Approval for RZ14-03: Text

Amendment to the Zoning Ordinance Regarding Public Participation Within the Land

Use Application Process - Action Item

3. RZ14-04: Text Amendment to the Zoning Ordinance Providing for Planning

Commission Deferrals of Land Use Applications - Public Hearing


Ordinance ORD-2014-04-02: Consideration of Approval for RZ14-04: Text

Amendment to the Zoning Ordinance Providing for Planning Commission Deferrals of

Land Use Applications - Action Item

4. RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company -

Rezoning Request from O-I Conditional (Office-Institution) to O-I at 4170 Ashford

Dunwoody Road. Mixed Use Development Consisting of 500 Multi-Family Units

(563,578 Sf), 250,000 Square Feet of Office Space, and Three Parking Decks. Special

Land Use Permits to Exceed the Height of All Buildings/Structures Over 5 Stories and 70

Feet, and for Development of High-Rise Apartments in the O-I Zoning District Have

Also Been Requested. - Public Hearing


Ordinance ORD-2014-01-01: ORD-2014-01-01 : Consideration of Approval for RZ13-

11- John Hancock Life Insurance Company-4170 Ashford Dunwoody Road - Action

Item

Ordinance ORD-2014-01-02: ORD-2014-01-02 : Consideration of Approval for SLUP

13-01: To Exceed the Height of All Buildings and Structures Above 5 Stories - Action

Item

Ordinance ORD-2014-01-03: ORD-2014-01-03 : Consideration of Approval for SLUP

13-02: To Develop High-Rise Apartments in the O-I Zoning District (4170 Ashford

Dunwoody Road a - Action Item

5. SLUP14-01: Mohamed Kedir - Request to Locate a Late Night Establishment Within

1500 Feet of Residentially Zoned Property at 3337 Buford Highway #340 C/D - Public

Hearing


Agenda Brookhaven City Council April 22, 2014


Ordinance ORD-2014-04-04: ORD-2014-04-04 : Consideration of Approval for

SLUP14-01: Mohamed Kedir - Request to Locate a Late Night Establishment Within

1500 Feet of Resident - Action Item

6. RZ14-01 - Rockhaven Homes, LLC - Rezoning Request from R-NCD to RA-8 to

Construct a 27-Lot Single Family Detached Subdivision for Property Located at E.

Roxboro Road (1937, 1969, 1971, 1945, 1961, 1953); 1125 Wright Avenue; N. Druid

Hills Road (1739, 1741, 1785, 1775, 1767, 1759, 1747, 1735) - Public Hearing


Ordinance ORD-2014-04-03: ORD-2014-04-03 : Consideration of Approval for RZ14-

01 - Rockhaven Homes, LLC - Rezoning Request from R-NCD to RA-8 to Construct a

27-Lot Subdivisi - Action Item

K) OLD BUSINESS

L) NEW BUSINESS

1. Ordinance ORD-2014-04-05: Text Amendment - Chapter 18 - Article V - Multifamily

Rental Housing (Apartments)

2. Approval to Grant Authorization to the Mayor to Sign Google Fiber Land Lease

Agreement

M) OTHER BUSINESS

1. City of Brookhaven Arbor Day Proclamation

2. 1338 : Naming of the Official City Tree - Council Member Williams

3. Cancelation and Rescheduling of June 24, 2014 City Council Meeting

N) PUBLIC COMMENTS

O) MAYOR'S COMMENTS

P) EXECUTIVE SESSION (IF NEEDED)

Q) ADJOURNMENT

CITY OF BROOKHAVEN

BROOKHAVEN CITY COUNCIL

City of Brookhaven 4/15/2014 7:00 PM Page 1

DRAFT MINUTES

April 15, 2014 Regular Meeting 7:00 PM

2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

A) INVOCATION - LED BY DEPUTY CITY CLERK DANIEL HALL

Deputy City Clerk Hall led the invocation.

B) CALL TO ORDER

Attendee Name Title Status Arrived

J. Max Davis Mayor Present

Rebecca Williams District 1 Present

Jim Eyre District 2 Present

Bates Mattison District 3 Present

Joe Gebbia District 4 Present

C) PLEDGE OF ALLEGIANCE

Mayor Davis led the Pledge of Allegiance.

D) OPENING REMARKS

Ms. Garrett introduced Mike Hassinger, the City's new Communications Manager. Council member Williams

congratulated Daniel Hall for his recent marriage. Mayor Davis recognized the one year anniversary of the City's

Municipal Court and extended congratulations to Judge Stephenson and Judge Gernade as well as Susan Hiott the

Court Administrator. Council Member Eyre recognized the one year anniversary of Chief Yandura and Deputy

Chief Freeman.

E) AGENDA ANNOUNCEMENTS

F) PUBLIC COMMENT

1. Aubrey Villines

Mr. Villines mentioned he heard that the Council was reconsidering the alcohol serving hours times. He

requested the opportunity for input and notice of the potential change.

2. Ronnie Mayer

Mr. Mayer commented on the public forums for Brookhaven Park's and requested that any dual meeting be held

on separate nights in the future. He claimed that the City of Chamblee was planning to adopt the DeKalb

County settlement agreement, in order to allow Follies to continue to operate. He asked for the true cost of the

Ashford Park settlement to publicized. He commented on a warning he received from the City's Code

Enforcement Officer.

G) CONSENT AGENDA

Ms. Garrett announced the items on the consent agenda including three sets of meeting minutes, a contract for IXP

Consulting Services, and a Critical Infrastructure Nondisclosure Agreement for Google. Council Member Mattison

moved to approve the consent agenda. Council Member Williams seconded the motion.

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Minutes Brookhaven City Council April 15, 2014


Council Member Eyre inquired about the contractual details on item number four on the consent agenda. He

referenced section 5, warranties and total liabilities and claimed that the limiting the IXP Corporation's aggregate

liability to only the cost of the contract was too low. He pointed out that no explicit insurance requirement existed

within the contract. He asked why the City's standard general conditions contract was not attached to the agreement.

He pointed out that the City's old address was still present throughout the contract. He referenced the limitations to

actions section and claimed that the one year period within the contract could be too low based on current

contractual issues that the IXP Corporation was facing.

Mr. Kurrie explained that the subject contract was reviewed as a consulting agreement. He pointed out that Council

Member Eyre's concern about the limitation of one year for liability was valid, and explained that the subject

provision was an industry standard and would not apply in the presence of gross negligence. He reported that a

certificate of insurance would be required before the contract was executed.

Council Member Eyre expressed concern with the absence of a work schedule despite the requirement for a payment

schedule. He asked if a schedule existed which showed that the first 20% of the contractual work would be

completed upon receipt of 20% of the total payment, and so on until the completion date. Mr. Kurrie suggested the

request of a time line from the IXP corporation to show when the services would be performed. Ms. Garrett pointed

out that the monthly installment schedule was established to assist the City. Council Member Eyre asked if the City

was comfortable that the proposed contract was a competitive price for the work. Ms. Garrett explained that the IXP

Corporation was the sole provider of the subject service. Council Member Gebbia asked how 9-1-1 service would be

provided if the IXP corporation failed to meet their contractual obligations. Ms. Garrett explained that the City

would continue to be served by DeKalb County. She pointed out that any potential to not meet the target would be

apparent in the early months of transition.

The motion passed unanimously.

RESULT: APPROVED [UNANIMOUS]

MOVER: Bates Mattison, District 3

SECONDER: Rebecca Williams, District 1

AYES: Williams, Eyre, Mattison, Gebbia

1. Approval of March 19, 2014 Brookhaven City Council Special Called Meeting Minutes

2. Approval of March 25, 2014 Brookhaven City Council Work Session Meeting Minutes

3. Approval of March 25, 2014 Brookhaven City Council Regular Meeting Minutes

4. 1329 : Consideration of Approval of IXP Consulting Services Agreement for Transition

to the ChatComm Opera

5. Consideration of Approval for Critical Infrastructure Information Non-Disclosure

Agreement

H) ANNOUNCEMENTS

Council Member Gebbia announced the event to clean up Peachtree Creek on Saturday April 19th from 9:00 a.m. to

noon starting at the Salvation Army Parking lot. He reported that creation of Keep Brookhaven Beautiful would be

announced as well as the City's Ambassador for the program and improved recycling efforts throughout the City.

Council Member Mattison announced that the reschedule Brookhaven Police Department Scholarship Golf

Tournament would be held on Monday April 21st. Council Member Gebbia pointed out that a $50 contribution

would be accepted for people who did not want to golf, but wanted to participate in the afternoon festivities.

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Ms. Garrett announced that a public hearing would be held for the City's Comprehensive Plan during the April 22nd

City Council meeting. She pointed out that, in accordance with the rules and regulations of the Georgia Planning

Act, the public hearing would officially launch the Comprehensive Plan process for the City.

I) REPORTS AND PRESENTATIONS

1. Update on Zoning Map - City Manager Marie Garrett

Ms. Garrett reported that an additional 77 files had been received from the County. Council Member Eyre

inquired about the anticipated date of completion. Ms. Garrett reported that it was her intentions to have the

map adopted by late August.

2. Update on Parks Purchase - City Manager Marie Garrett

Mr. Kurrie reported that the County's thirty day period would expire on April 27th. He explained that if there

were no disputes for the City's request for the park parcels, then the money would be tendered and the purchase

executed. He reported that the County was in receipt of all park boundaries, settlement statements, and

environmental assessments. He anticipated that there could be push back from the County with respect to the

purchase of Brookhaven Park. A discussion occurred about the necessary actions by the Board of

Commissioners to approve the purchase.

3. Update on City Hall - City Manager Marie Garrett

Ms. Garrett reported that a portion of the City's Department had moved up to the second floor. She announced

that it was the plan to make the final move to the third floor on April 24th. She also announced that it was her

expectation to hold the May 13 City Council Meeting in the new Council Chambers.

J) OLD BUSINESS

K) NEW BUSINESS

1. Resolution RES-2014-04-01: Consideration of Approval of Resolution in Recognition of

Georgia Cities Week

Ms. Garrett read the resolution title into the record.


MOVER: Joe Gebbia, District 4

SECONDER: Bates Mattison, District 3


2. Resolution RES-2014-04-02: RES-2014-04-02 : Resolution Establlishing an Enhanced

9-1-1 Charge on Wireless Communications, Etc - Defered to either the April 22 or May

13 meeting.

Ms. Garrett read the resolution title into the record. Mayor Davis explained that the resolution was a part of the

process to transfer 9-1-1 service fees from DeKalb to Brookhaven. Council Member Mattison moved to approve

the resolution. Council Member Williams seconded the motion.

Council Member Eyre pointed out a typo in the first whereas paragraph of the subject resolution. He referenced

an additional whereas paragraph and asked if the City had met the public hearing requirements for approval of

the resolution. A discussion occurred about the purpose of the subject public hearing and if the City had met its

requirements. Mr. Kurrie stated it was his opinion that the City had not met public hearing requirements for the

subject resolution. Ms. Garrett pointed out that the resolution was absent during the ChatComm review and

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approval process and not provided to the City until recently. Council Member Eyre inquired about the origin of

the public hearing requirements in the subject resolution. Mayor Davis stated that he felt the City had provided

ample opportunities for public input during the process to consider the transfer of 9-1-1 service to ChatComm.

Mr. Kurrie requested a deferral of the resolution in order to allow for time to review the public hearing

requirements.

Council Member Mattison moved to defer resolution to either the April 22nd or May 13th Council Meeting.

Council Member Gebbia seconded the motion. The motion passed unanimously.

RESULT: DEFERRED [UNANIMOUS] Next: 4/22/2014 7:00 PM


SECONDER: Joe Gebbia, District 4


3. Consideration of Approval of the 2014 Paving List

Ms. Garrett introduced Mr. Meehan to provide a review of the proposed 2014 paving list. Mr. Meehan reported

that the list was compiled with all of the Mayor and Council's input. Council Member Eyre referenced his

request to limit the paving on Caldwell from Redding Road to Trentwood Place. He asked Mr. Meehan why he

proposed paving Caldwell all the way to the City limits. Mr. Meehan explained that the 400 foot stretch of

paving was added on as a cost savings measure for future planning. A discussion occurred about Mr. Meehan's

price estimates. Council Member Eyre asked when the work would be bided out. Mr. Meehan reported that the

request for bids would go out no later than April 30th. He reported further that the work for the subject projects

would begin in early June and extend throughout the Fall. He stated that a provision to completed the work

before the Fall would be included in the request for bids.

Council Member Williams asked what the total distance was for the 2014 paving list. Mr. Meehan reported that

the total distance was approximately 5.9 miles. Mayor Davis inquired about the $35,000 estimate for patching.

A discussion occurred about the estimated cost for patching pot-holes. Mr. Meehan reported that the cost for a

10x10 section of road would be approximately $300. Further discussion occurred about patching and paving

tactics for the City. Mr. Meehan commented on coordination efforts with various entities that would be

necessary to implement the paving projects. Mayor Davis requested specific details about how the re-stripping

of the Ashford Dunwoody/Johnson's Ferry intersection would be coordinated with the City's plans to pave

Ashford Dunwoody. Mr. Meehan explained that the process would include coordination with PTOP and PCID.

He pointed out that even if the City's project was completed in advance of the re-striping project, the work

would be designed to match. Council Member Eyre asked if the City was in possession of a price and schedule

for moving the utilities associated with the re-striping project. Mayor Davis requested an update on the re-

striping process during the next meeting. Further discussion occurred about the paving plans along Ashford

Dunwoody Road.

Council Member Mattison moved to approve the paving plan as published in the agenda packet. Council

Member Williams seconded the motion. The motion passed unanimously.





4. Resolution RES-2014-04-03: Consideration of Approval of a Resolution Adopting the

Municipal Court Fee Schedule to Offset Expenses and Defray the Cost of Operation of

the Brookhaven Municipal Court and for Other Purposes

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Ms. Garrett announced item. City Clerk/Court Administrator Hiott explained that the Court Fee Schedule was

amended to reflect the Chapter 16 code section adjustments, including the false alarm fees. Mr. Kurrie pointed

out that the new schedule was reviewed by Judge Stephenson.



SECONDER: Jim Eyre, District 2


L) OTHER BUSINESS

Ms. Garrett referenced discussion from the work session and requested a point of clarification for item that would be

placed on next week's agenda. She stated that a public forum for businesses and residents would be scheduled in the

coming weeks to discuss possible amendments to the alcohol ordinance. She mentioned discussion about

amendments to Chapter 7 and 18 and reported that staff would work hard to place the subject items on the agenda,

but it would be difficult with the limited time frame. Council Member Eyre requested the implementation of the

proposed administrative policy that required builders to acknowledge construction work hours prior to receipt of a

permit. Ms. Garrett pointed out that any amendments to the average setback statutes would be subject to the Zoning

Procedures Law and would have to be heard by the Planning Commission. She reported that amendment language to

the Apartment Inspections Ordinance would be ready for the Council's approval by the next meeting.

Council Member Mattison requested an update on the Google Fiber application submission. Ms. Garrett reported

that the City was ahead of the game in the application process and that items on the application were moving into

specialized area. She mentioned that the City's involved in the application were working to develop a standard form,

and reported that Google was working with the State to discuss the possibility of creating franchise agreements for

Google Fiber. She also reported that a standard lease process was being developed for Google's Fiber huts that

would be stationed throughout the City. She explained that the last step in the process would take additional time

because all of the City's associated with Google were working to develop identical permitting forms. She expressed

confidence that the City would meet the May1st submission deadline. A discussion occurred about the potential

placement an serviceability of Fiber Huts throughout the City.

Council Member Williams mentioned that the sign ordinance was absent proper provisions to address banners. She

offered examples of local businesses that were in need of further banner regulation. She expressed a desire to amend

the banner provision within the sign ordinance by applying a three week time frame for use. Ms. Garrett reported

that she would look into adding amendment language to the May 13 work session agenda.

Council Member Gebbia commented on he and Council Member Mattison's work to host the DeKalb County

Development Authority the previous week.

M) PUBLIC COMMENTS

There was none.

N) MAYOR'S COMMENTS

CM Gebbia - co chair - sponsored DeKalb County Community Development Authority, did first video, marie's input

was valuable,

had a lot of fun, lot of positive comments.

Thanks to all that participated.

Like to have on City's website. It is on you tube.

Williams - had great input

Hope post all meetings

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there will be online, group surveys,

Hope get out word, truly hear from citizens,

Like to have sheet - separate meetings,

Mail to residents - need to be posted on

O) EXECUTIVE SESSION (IF NEEDED)

There was none.

P) ADJOURNMENT

1. Motion to Adjourn - Meeting adjourned 8:26 PM





APPROVED:

_____________________

J. Max Davis, Mayor

ATTEST:

___________________________

Susan Hiott, City Clerk

Approved

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MEMORANDUM

MEETING OF: April 22, 2014

COMMITTEE: Planning Commission

DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE:

RZ14-03: Text Amendment to the Zoning Ordinance Regarding Public Participation Within the

Land Use Application Process

BACKGROUND/SUMMARY: The Planning Commission requested that the staff prepare an amendment requiring Public

Participation Plans and Public Participation Reports as part of the land use application process.

The goal of the Commission was to encourage communication among applicants and affected

citizens so that potential impacts of land use proposals could be evaluated proactively in the

application process. The Planning Commission initiated the proposed text amendment to the

Zoning Ordinance.

STAFF RECOMMENDATION: Please see the attached proposed amendment.

PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the proposed text amendment as written.

ATTACHMENTS:

RZ14-03 Text Amendment_Public Participation (PDF)

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Ordinance ORD-2014-04-01 Meeting of April 22, 2014

Page 2

Please see the attached proposed amendment.

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STATE OF GEORGIA

DEKALB COUNTY

CITY OF BROOKHAVEN

ORDINANCE 2014 xx-xx TEXT AMENDMENT 2014-03

TEXT AMENDMENT TO THE CITY OF BROOKHAVEN ZONING ORDINANCE

REQUIRING A PUBLIC PARTICIPATION PLAN AND PUBLIC PARTICIPATION

REPORT SUBMISSION IN THE LAND USE APPLICATION PROCESS

WHEREAS, the City of Brookhaven Mayor and Council are charged with the protection

of the public health, safety, and welfare of the citizens of Brookhaven; and

WHEREAS, the City of Brookhaven Mayor and Council recognize the importance of

public participation in the land use application process; and

WHEREAS, the City of Brookhaven Mayor and Council encourage applicants and

property owners to engage early in the land use application process thereby providing an

opportunity to relate real or perceived impacts as a result of a land use proposal.

NOW, THEREFORE, the Mayor and Council of the City of Brookhaven, Georgia hereby ordain

as follows:

PART I.

Section 27-826 (a) (Filing of applications; amendments of filed applications) is hereby deleted in

entirety and substituted in lieu thereof as follows:

(1) All applications for amendments to the comprehensive plan land use map and the official zoning map shall be filed with the Community Development Director on forms provided

by the department.

(2) The processing of said applications shall be based upon an annual schedule prepared by the department and adopted by the City Council.

(3) No application shall be considered an authorized application unless complete in all respects.

(4) There shall be no refund of application fees after the department has accepted an application.

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(5) All land use applications subject to the Zoning Procedures Act, not including city

initiated applications, shall provide a Public Participation Plan at the time of the filing of

an application with the following:

a. A mailing list of properties within 500 of the subject property including name,

street address, and tax parcel identification; and

b. A copy of the letter to be mailed to affected parties identifying the date, location

within the City of Brookhaven, and time of the information meeting to be

scheduled no later than the first business day of the month preceding the Planning

Commission hearing date.

(6) A Public Participation Report shall be submitted to the Community Development

Department no later than the last day of the business week of which the information

meeting was held. The requirement of a Public Participation Report does not require a

consensus on issues. Non-attendance at a community information meeting, by those on

the mailing list, does not mean that an applicant fails to meet the requirements of the

Public Participation Plan. The Public Participation Report shall include:

a. A list of meeting attendees;

b. A summary of concerns of issues expressed; and

c. A summary of the applicants response to concerns and issues expressed.

PART II.

Section 27-863 (Application forms, filing of applications, plans required) is hereby amended by

the addition of item (h) as follows:

(h) All special land use applications subject to the Zoning Procedures Act, not including

city initiated applications, shall provide a Public Participation Plan at the time of the

filing of an application with the following:

a. A mailing list of properties within 500 of the subject property including name,

street address, and tax parcel identification; and

b. A copy of the letter to be mailed to affected parties identifying the date, location

within the City of Brookhaven, and time of the information meeting to be

scheduled no later than the first business day of the month preceding the Planning

Commission hearing date.

A Public Participation Report shall be submitted to the Community Development

Department no later than the last day of the business week of which the information

meeting was held. The requirement of a Public Participation Report does not require a

consensus on issues. Non-attendance at a community information meeting, by those on

the mailing list, does not mean that an applicant fails to meet the requirements of the

Public Participation Plan. The Public Participation Report shall include:

c. A list of meeting attendees;

d. A summary of concerns of issues expressed; and

e. A summary of the applicants response to concerns and issues expressed.

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PART III. EFFECTIVE DATE

This ordinance providing for a text amendment and shall become effective upon adoption by the

Mayor and City Council.

PART IV. SEVERABILITY

Should any section or provision of this ordinance be declared by a court of competent jurisdiction

to be invalid or unconstitutional, such decision shall not affect the validity of this ordinance as a

whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional.

PART V. REPEAL OF CONFLICTING ORDINANCES

This ordinance amends the City of Brookhaven Zoning Ordinance, and all other conflicting

ordinances or resolutions are hereby repealed, provided that nothing herein shall be construed as

repealing the conditions of use, operation, or site development accompany permits lawfully issued

under previous ordinances or resolutions, and provided further that modification or repeal of those

past conditions of approval may be accomplished as authorized and provided by the requirements

of the Zoning Ordinance.

SO ORDAINED AND EFFECTIVE

This day of , 2014.

APPROVED:

J. Max Davis, Mayor

ATTEST: APPROVED AS TO FORM:

Susan Hiott, City Clerk Thompson Kurrie, Jr., City Attorney

(Seal)

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MEMORANDUM


COMMITTEE: Planning Commission

DEPARTMENT: Community Development


RZ14-04: Text Amendment to the Zoning Ordinance Providing for Planning Commission

Deferral of Land Use Applications

BACKGROUND/SUMMARY: The Planning Commission requested that the staff prepare an amendment authorizing the

Commission to grant deferral during the land use application process.

STAFF RECOMMENDATION: Please see the attached proposed amendment.

PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the text amendment as written.

ATTACHMENTS:

RZ14-04 Text Amendment_Deferral (PDF)

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Ordinance ORD-2014-04-02 Meeting of April 22, 2014

Page 2

Please see the attached proposed amendment.

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STATE OF GEORGIA ORDINANCE 2014 xx-xx DEKALB COUNTY TEXT AMENDMENT 2014-04

CITY OF BROOKHAVEN

TEXT AMENDMENT TO THE CITY OF BROOKHAVEN ZONING ORDINANCE

REGARDING LAND USE APPLICATION DEFERRAL

WHEREAS, the City of Brookhaven Mayor and Council are charged with the protection

of the public health, safety, and welfare of the citizens of Brookhaven; and

WHEREAS, the City of Brookhaven Mayor and Council recognize that efficiency is

served when the planning and conducting of public hearings is clearly stated and understood by

public officials, applicants, and citizens; and

WHEREAS, land use application deferral may serve to benefit all affected parties.

NOW, THEREFORE, the Mayor and Council of the City of Brookhaven, Georgia hereby ordain

as follows:

PART I.

Section 27-840 (Action by the planning commission) is hereby by amended by the deletion of such

section in entirety and substitution in lieu thereof as follows:

Sec. 27-840. - Action by the Planning Commission.

The community development department shall provide the members of the planning commission

complete information on each proposed amendment which the commission considers including: a

copy of the application and all supporting materials; all other written communications given to the

staff either in support of or in opposition to the amendment; and the written report and

recommendation of the staff on each proposed amendment. The planning commission, after

conduct of a public hearing with public notice as is required by this division, shall investigate the

proposal and vote its recommendation to the city council. The planning commission may

recommend approval of the application, approval of the application with conditions, denial of the

application, deferral of the application, or, upon request of the applicant, withdrawal of the

application without prejudice. The vote of the planning commission shall be nonbinding on the

mayor and council except that the planning commission may grant no more than one thirty day

deferral with the subsequent hearing date based on the approved hearing calendar if the deferral is

requested by the applicant/owner or if the planning commission determines more information is

necessary to make a recommendation to the mayor and council or a revised site plan is submitted

less than seven days prior to the hearing. In granting the deferral, the planning commission shall

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state the specific reason for the deferral and the materials needed to render a recommendation. The

matter will be postponed on the mayor and council agenda until the next zoning cycle. As a result

of the granted deferral, all materials shall be submitted no less than fifteen days prior to the

subsequent hearing date. In addition, the deferred item will be subjected to an additional planning

commission public hearing. In its recommendation of any application for an amendment, the

planning commission may recommend the imposition of conditions in accordance with section 27-

833. All findings and recommendations of the planning commission relating to amendments to the

official zoning maps and amendments to the text of this chapter shall be made based on each of

the standards and factors contained in section 27-832. All recommendations of the planning

commission relating to amendments to the comprehensive plan land use maps shall be made based

on each of the standards and factors contained in section 27-829(f). The secretary of the planning

commission shall make and maintain a written record of the planning commission's investigation

and recommendations, which record shall be a public record.

PART II.

Section 27-870 (Action by the planning commission) is hereby by amended by the deletion of such

section in entirety and substitution in lieu thereof as follows:

Sec. 27-870. - Action by the Planning Commission.

The community development department shall provide the members of the planning

commission complete information on each proposed application for special land use permit which

the commission considers including a copy of the application and all supporting materials, all

communications and other writings either in support of or in opposition to the application, and the

written report and recommendation of the secretary applying the required criteria in section 27-

873 and section 27-874, where applicable, to each application. The planning commission, after

conduct of a public hearing with public notice as is required by section 27-838 of this chapter,

shall vote its recommendation to the city council. The planning commission may recommend

approval of the application, approval of the application with conditions, denial of the application,

or deferral of the application. The vote of the planning commission shall be nonbinding on the

mayor and council except that the planning commission may grant no more than one thirty day

deferral with the subsequent hearing date based on the approved hearing calendar if the deferral is

requested by the applicant/owner or if the planning commission determines more information is

necessary to make a recommendation to the mayor and council or a revised site plan is submitted

less than seven days prior to the hearing. In granting the deferral, the planning commission shall

state the specific reason for the deferral and the materials needed to render a recommendation. The

matter will be postponed on the mayor and council agenda until the next zoning cycle. As a result

of the granted deferral, all materials shall be submitted no less than fifteen days prior to the

subsequent hearing date. In addition, the deferred item will be subjected to an additional planning

commission public hearing. The planning commission may recommend the imposition of

conditions based upon the facts in a particular case in accordance with section 27-833. The

planning commission recommendation on each application shall be based on a determination as to

whether or not the applicant has met the criteria contained in section 27-833, the criteria contained

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in section 27-834 where applicable to the use proposed, and the requirements of the zoning district

in which such use is proposed to be located.

PART III. EFFECTIVE DATE

This ordinance providing for a text amendment and shall become effective upon adoption by the

Mayor and City Council.

PART IV. SEVERABILITY

Should any section or provision of this ordinance be declared by a court of competent jurisdiction

to be invalid or unconstitutional, such decision shall not affect the validity of this ordinance as a

whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional.

PART V. REPEAL OF CONFLICTING ORDINANCES

This ordinance amends the City of Brookhaven Zoning Ordinance, and all other conflicting

ordinances or resolutions are hereby repealed, provided that nothing herein shall be construed as

repealing the conditions of use, operation, or site development accompany permits lawfully issued

under previous ordinances or resolutions, and provided further that modification or repeal of those

past conditions of approval may be accomplished as authorized and provided by the requirements

of the Zoning Ordinance.

SO ORDAINED AND EFFECTIVE

This day of , 2014.

APPROVED:

J. Max Davis, Mayor

ATTEST: APPROVED AS TO FORM:

Susan Hiott, City Clerk Thompson Kurrie, Jr., City Attorney

(Seal)

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MEMORANDUM


COMMITTEE: Brookhaven City Council

DEPARTMENT: City Clerk's Office


RZ13-11, SLUP 13-01 and SLUP 13-02 - John Hancock Life Insurance Company - Rezoning

Request from O-I Conditional (Office-Institution) to O-I at 4170 Ashford Dunwoody Road.

Mixed Use Development Consisting of 500 Multi-Family Units (563,578 Sf), 250,000 Square

Feet of Office Space, and Three Parking Decks. Special Land Use Permits to Exceed the Height

of All Buildings/Structures Over 5 Stories and 70 Feet, and for Development of High-Rise

Apartments in the O-I Zoning District Have Also Been Requested.

BACKGROUND/SUMMARY: Please see attached files.

FISCAL IMPACT: (Budgeted over or under)

STAFF RECOMMENDATION: Please see attached files.

Please note since this application was remanded back to the Planning Commission from the City

Council for an additional public hearing.

Please note, no additional materials have been submitted by the applicant since the initial

hearings.

PLANNING COMMISSION RECOMMENDATION:

Update: During the April 2nd Planning Commission Hearing the Planning Commission

moved to approve the rezoning request with conditions. The vote on the motion resulted in

a 3-3 tie; therefore, there is no recommendation from the Planning Commission.

During the January 8th, 2014 Planning Commission hearing the Commission recommended

deferral and asked that Council grant deferral and remand back to Planning Commission for an

additional public hearing. Please see attached staff recommendation which has been revised to

include the Planning Commission recommendation as a result of the January hearing.

ATTACHMENTS:

Staff Recommendation RZ13-11SLUP13-01 SLUP13-02 - Incorporated PC Recommendation_sc revision (PDF)

RZ13-11 Slup 13.01 & 02 Application (PDF)

Amendment to letter on intent 12.18.13 (PDF)

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Agenda Item (ID # 1341) Meeting of April 22, 2014

Updated: 4/18/2014 11:49 AM by Daniel Hall Page 2

Revised Site Plan 11.06.13 (PDF)

Hightower Email (PDF)

RZ13-11 Public Hearing Public Comment (PDF)

RZ13-11 School Comments (PDF)

PCID Recommendation (PDF)

Trip Gen Memo 11.05.13 (PDF)

Non Warranted DRI Letter 11.25.13 (PDF)

RZ13-11.PCFavor_4.2 (PDF)

RZ13-11.PCOpposition_4.2 (PDF)

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Rezoning Petition: RZ13-11; SLUP13-01 & SLUP13-02

Date of Staff Recommendation Preparation: December 30, 2013

Planning Commission Public Hearing Date: January 8, 2014

*Revised to Incorporate

Planning Commission Recommendation: January 9, 2014

Planning Commission Remand: April 2, 2014

**Revised to Incorporate

Planning Commission Recommendation: April 3, 2014

Mayor and City Council Public Hearing Date: January 28, 2014

Cancelled due to inclement weather

Reset Date: February 11, 2014

Cancelled due to inclement weather

Reset Date: February 25, 2014

Deferred Mayor and City Council Public Hearing Date: April 22, 2014

Project Name /Applicant: Ashford Green/John Hancock Life Insurance Company, Inc.

Property Location: 4170 Ashford Dunwoody Road & 4106 Lake Hearn Drive

District/Land Lot: 18th District, Land Lots 329 and 330

Acreage: 18.33 acres

Existing Zoning: O-I Conditional (Office-Institution)

Proposed Zoning: 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 multifamily units (563,578 SF), 250,000 square feet of office space,

and three parking decks. Special land use permits to exceed the

height of all buildings/structures over 5 stories and 70 feet, and

for development of high-rise apartments in the O-I zoning

district, have also been requested.

Community Development Department Recommendation

Approval with conditions

** UPDATED PLANNING COMMISSION RECOMMENDATION

DURING THE APRIL 2, 2014 PLANNING COMMISSION HEARING THE

COMMISSION MOVED TO APPROVE THE REZONING REQUEST WITH

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CONDITIONS. THE VOTE ON THE MOTION RESULTED IN A 3-3 TIE;

THEREFORE, THE IS NO RECOMMENDATION FROM THE PLANNING

COMMISSION.

*PLANNING COMMISSION RECOMMENDATION

DEFERRAL RECOMMENDATION ON JANUARY, 8TH 2014 WITH A REQUEST THAT IF

GRANTED BY THE COUNCIL THAT THE MATTER BE REMANDED BACK TO THE

PLANNING COMMISSION FOR ADDITIONAL PUBLIC HEARING.

NOTE: DURING THE FEBRUARY 25TH, 2014 COUNCIL HEARING, THE APPLICANT

REQUESTED DEFERRAL TO THE APRIL 2ND, 2014 PLANNING COMMISSION

HEARING AND THE APRIL 22, 2014 HEARING.

Location Map

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

Perimeter Summit Pkwy

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occurring in 1997. Currently, the subject property is entitled to as approved by DeKalb County

for 715,000 square feet of total net usable office space, inclusive of an existing office building at

215,000 square feet of net usable area and an additional 500,000 square feet distributed amongst

two office buildings, with one of the buildings extending to 18 stories in height and having an

associated 8-level parking deck. With this latest request for rezoning, the applicant seeks to

rezone from O-I Conditional (Office-Institution District) to O-I to change conditions and

implement a mixed use project that would consist of 500 multi-family units spread over two 5-

story high-rise complexes, 250,000 square feet of additional office space contained in a single

10-story office building, in addition to an existing 277,206 square-foot office building. Two

special land use permits have been requested by the applicant as part of the rezoning request to

exceed the building height maximum of 5 stories or 70 feet and to accommodate the proposed

high-rise apartments within the O-I zoning district. The Department would note that the subject

property was reviewed by the Atlanta Regional Commission in 1991 as a Development of

Regional Impact (DRI) for development of three office buildings and two associated parking

decks, and was found to be consistent with the Perimeter Center Livable Centers Initiative plan

and determined to be of appropriate use. As of November 25, 2013, based on the most recent

request for a mixed-use development as submitted, the Atlanta Regional Commission determined

that a new DRI review was not warranted.

The subject property currently contains a single office building that is identified on the land title

survey prepared by Travis Pruitt & Associates as 6-stories, while the applicants letter of intent indicates that it is a 5-story building. Along with the office building, there are 917 surface

parking spaces provided for the development. According to the applicant, existing surface

parking is shared with the Hilton Garden Inn hotel located northwest of the property, and shared

parking provisions will continue to be maintained with the conversion of surface parking to

parking decks if the proposed rezoning is to be approved. Based on the land title survey, it would

appear that the property is serviced by several stormwater facilities as indicated by several

easements that lead to off-site detention ponds across Parkside Place to the southwest and north

of Lake Hearn Drive, and a private stormwater vault located to the northwest of Parkside Place.

The site plan submitted by the applicant shows several surface parking spaces with the majority

of parking provided within three proposed separate parking decks. Each multi-family complex

would be developed with a separate parking deck for resident parking. The site plan indicates

that Development A would consist of 260 rental units with an average floor area of 850 square

feet per unit. The proposed rental apartment building would be 5-stories and incorporate a 5.5-

level parking deck. Development B is indicated on the site plan to consist of 240 owner-occupied

(condominium) units within a 5-story building with a 5.25-level parking deck. It would appear

that residential parking decks would be surrounded by the multi-family buildings to minimize

visibility from the rights-of-way. Identified as Development C is the proposed 10-story 250,000

square-foot office building with a 5.5-level parking deck servicing office uses on the subject

property. There are three existing access points for the subject property, two located on Ashford

Dunwoody Road and one off Perimeter Summit Parkway. A new and additional ingress/egress

point is proposed along Parkside Place which would be aligned with Perimeter Summit

Boulevard. The lot coverage as calculated by the applicant would account for 59.05 percent of

the total property, which would be compliant with the O-I zoning district lot coverage maximum

of eighty (80) percent.

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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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NEARBY/SURROUNDING LAND ANALYSIS

Nearby/surrounding properties Zoning Current Land Use(s)

North

O-I Commercial

(Hilton Garden Inn)

West: Across Parkside Place

O-I Commercial

(Perimeter Summit)

West: Across Parkside Place

O-I Multi-family Residential

(Villa Sonoma Condominiums)

East: Across Ashford Dunwoody Road

O-I

Commercial

(Ashford Perimeter Office

Building)

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

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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2. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties?

The subject property is located in close proximity to Interstate 285 and a major commercial

node. The proposed request would be compatible with existing uses found in the immediate

area, as Perimeter Summit has been developed with a mixed-use concept incorporating

office, commercial, and residential uses within a single development. Additionally,

improvements made to the rights-of-ways surrounding the subject property could support the

scale of development as proposed.

3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned?

It appears the subject property has a reasonable economic use as currently zoned.

4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property?

Given the mix of office, commercial and residential uses found nearby, the proposed

rezoning does not appear to result in a use that would adversely affect the existing use or

usability of adjacent or nearby property.

5. Whether there are other existing or changing conditions affecting the use and development of the property which gives supporting grounds for either approval or

disapproval of the zoning proposal?

DeKalb County approved the subject property to be developed for a singular office use

totaling 715,000 square feet of net useable space, distributed over three buildings in 1997. As

part of the approval, DeKalb County allowed for development of an 18-story office building

and associated 8-level parking deck. The proposed mixed-use development would be aligned

with the intent and established policies of the Comprehensive Plan for the area and also

reduce the height of buildings from 18-stories to 10-stories. Additionally, the subject

property was identified in the Perimeter Center Livable Center Initiative study completed in

2002, as a potential location for a high-density mixed-use development with primarily office

and higher density residential uses, which would suggest that the proposed development may

be suitable at this location. Additionally, the site is located within the Perimeter Community

Improvement District.

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

There are no such known historic buildings, sites, districts or archaeological resources

identified by the applicant, or known by staff, to be on or near this property.

7. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?

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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.

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

Previous approval of the subject property for high-density office use would suggest that

adequate public services are available to serve the proposed development as submitted.

4. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly

increase traffic and create congestion in the area.

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To better ascertain traffic impacts that may be associated with this request, the applicant will

be conditioned to provide a traffic impact analysis to be reviewed by the citys Public Works Director and for appropriate traffic improvement measures to be implemented prior to

approval of a Land Disturbance Permit for the subject property.

5. Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or the volume of traffic generated by

the proposed use.

Increase in development would generate additional traffic. Based on the trip generation

memo provided by the applicant, the traffic generated by the proposed development during

A.M. and P.M. peak hours would be comparable to or less than the development that had

been previously approved for the subject property. Additionally, the proposed mixed-use

development could provide for opportunities that may reduce automobile travel and benefit

work-live opportunities for potential residents of the property.

6. Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and

convenience, traffic flow and control, and access in the event of fire or other emergency.

Multiple points of access would be provided on the subject property which would enhance

internal traffic flow and access by emergency vehicles. The layout of internal driveways

would show traffic calming measures have been implemented, in particular with the

incorporation of a roundabout near the Perimeter Summit Parkway entrance. Additionally, all

access points would have adequate access to public sidewalks. Internal pedestrian access has

not be addressed by the site plan submitted by the applicant. Staff would note that DeKalb

County Fire Marshal review and approval will be required prior to issuance of a Land

Disturbance Permit from the City of Brookhaven.

7. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use.

The proposed use would not have adverse impacts upon adjoining land use associated with

noise, smoke, odor, dust, or vibration.

8. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use.

The proposed mixed-use development would not create adverse impacts to adjoining land use

by reason of hours of operation as the proposed use would incorporate a residential

component and office uses similar to existing uses found nearby.

9. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use.

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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 (multi-

family) apartments.

11. Whether or not the proposed use is consistent with the policies of the Comprehensive Plan.

The subject property is identified on the future land use map in DeKalb Countys Comprehensive Plan (adopted by the City of Brookhaven) as a regional center character area.

Under the Plan, the area is envisioned for a variety of uses that would contribute to the

reduction of automobile travel, while promoting walkability and increased transit usage. The

proposed mixed-use development in the O-I zoning district would incorporate a mix of uses

(condominiums, apartments and office) that have been identified in the Comprehensive Plan

as primary land uses for the character area. The proposed development would be consistent

with the policies of the Comprehensive Plan.

12. Whether or not the proposed plan provides for all required buffer zones and transitional buffer zones where required by the regulations of the district in which the

use is proposed to be located.

All required buffer zones appear to have been provided.

13. Whether or not there is adequate provision of refuse and service area.

Refuse and service area locations have not been identified on the applicants submitted site plan; however, any such plan would require approval of DeKalb County.

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

Time or duration constraints would not be appropriate for the proposed request as the

requested Special Land Use Permits are related to permanent structures/buildings.

15. Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing

of adjacent and nearby lots and buildings.

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The height of proposed buildings would be substantially lower than what is currently

approved for on the subject property and nearby buildings. The size and scale of buildings

proposed would be consistent with adjacent lots and buildings. A variance will be required to

consider the demonstrated multi-family building mass.

16. Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources.

There are no such known historic buildings, sites, districts or archaeological resources

identified by the applicant, or known by staff, to be on or near this property.

17. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such special land use permit.

Supplemental regulations as it relates to the special land use permit requests have been met

except for the requirement provided in Section 27-788(e)(3), as it states that no structure is to

exceed two hundred fifty (250) feet in length along any elevation of a multi-family building.

The applicant must redesign the layout of the proposed multi-family building to be compliant

with the aforementioned section of the citys Zoning Ordinance or seek a variance to the requirement.

18. Whether or not the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining lot or building.

Negative shadow impact would not be anticipated from this request as all buildings proposed

would be of similar height and projection, and a reduction in height from previously

approved 18-story office building.

19. Whether the proposed use would result in a disproportionate proliferation of that or similar uses in the subject character area.

The proposed use would benefit the surrounding area by providing the availability of

additional residential options and reduce the proliferation of similar office uses found in the

area. Additionally, the Perimeter Center Livable Centers Initiative study completed in 2002

identified the need for more residential uses to be provided in the immediate area of the

subject property and recommended that the subject property be developed for high-density

mixed-use development consisting of primarily office with high-density residential uses.

20. Whether the proposed use would be consistent with the needs of the neighborhood or to the community as a whole, be compatible with the neighborhood, and would not be in

conflict with the overall objective of the Comprehensive Plan.

The proposed development would be consistent with the intent and policies of the

comprehensive plan and would be compatible with the established neighborhood and with

existing developments found in the area. The applicant has shown on the site plan that a 50-

foot permanent buffer area would be maintained adjacent to Perimeter Summit Parkway,

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limiting any potential impacts the proposed development would have on single-family

residential dwellings located to the south.

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DEPARTMENT COMMENTS

PUBLIC WORKS

1. A Traffic Impact Study for the proposed development would be needed to reveal the specific influences site traffic would have on the adjacent road network. As such, a Traffic Impact

Study should be prepared to address traffic impacts of the proposed development at the

following locations:

a. Ashford Dunwoody Road at Perimeter Summit Parkway/Oak Forrest Drive b. Ashford Dunwoody Road at the two site driveways (one signalized, one

unsignalized)

2. The installation of a stormwater management system is required, including detention, water quality, channel protection, and downstream analysis to the 10% point. If the downstream

discharge is a City stormwater system, then a capacity analysis is required prior to the

issuance of a land disturbance permit.

3. A post construction Stormwater Facility Maintenance Agreement will be required.

BROOKHAVEN POLICE DEPARTMENT

The City of Brookhaven Police Department has indicated that the development would have an

impact on current police services. The requested project would be consistent with current

developments existing in the area and impacts traffic and theft (vehicle and office) related calls

for service. The Police Department will require monitoring to determine future needs for the

area.

MARTA

MARTA encourages the development of dense mixed use developments within the region,

which this proposal clearly represents. This development is roughly nestled less than a mile

between the Dunwoody MARTA station and the Medical Center MARTA station. However,

MARTA does not currently offer direct service to this development. MARTA is in the early

exploratory stages of investigating the feasibility of expanding service in the perimeter area in

the future. At this time, MARTA does not foresee any adverse impacts to service or real estate

holdings due to this development.

COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION

Approval of RZ13-11, SLUP13-01 and SLUP13-02 with conditions.

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STAFF RECOMMENDED CONDITIONS

Based upon the findings and conclusions herein, Staff recommends Approval with conditions

of RZ13-11 as O-I Conditional as well as SLUP13-01 and SLUP13-02. Should the petition be

approved, the Community Development Department recommends the following conditions:

1. The subject property shall be limited to a maximum of 500 units (563,578 gross square feet) distributed over two multi-family buildings, at a maximum residential density of 27.28 units

per acre (SLUP13-02).

2. The subject property shall be limited to of 527,206 gross square feet of office and institutional and accessory uses permitted in the O-I zoning district, but excluding the

following: cemetery, columbarium, mausoleum, motel, funeral home or mortuary, personal

care home, child caring institution, hospice, nursing care facility, late-night establishments

and/or nightclubs.

3. The subject property shall be developed in substantial accordance with the plan prepared by The Preston Partnership, LLC, and stamped received November 6, 2013. Any variances

required, if authorized by the Zoning Board of Appeals, may result in altering the site plan to

the degree necessary to incorporate revisions.

4. The height of nonresidential buildings shall be limited to 10 stories (SLUP13-01).

5. The height of multi-family buildings and all parking decks shall be limited to 5.5 stories and not to exceed 70 feet in height. Parking decks associated with multi-family buildings shall

not rise above buildings containing residential units (SLUP13-01).

6. Exterior elevations of the multi-family buildings and associated parking decks shall be constructed primarily of a combination of natural stone masonry, brick, glass and stucco. The

balance may be of brick or wood accents, trim or decorations. All elevations shall be subject

to review and approval of the Director of Community Development prior to issuance of a

building permit.

7. Parking facilities for high-rise apartments shall be located at the interior of the subject property and be surrounded by the associated apartment building and landscaping materials

so as to screen parking facilities from view of the rights-of-way, except where left open for

vehicular or pedestrian access.

8. Service and refuse facilities shall be located interior of the subject property and must be screened with opaque fencing or similar building material of buildings on the property.

9. All lighting associated with the development shall incorporate a cut-off design and be directed inward and downward, away from the direction of single-family residential

dwellings and shall minimize light spillage into the right-of-way.

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10. Signage at the tops of buildings shall be directed away from residential properties to the south (beyond Perimeter Summit Parkway). Internally illuminated signs shall not be installed

as to be visible from residential properties to the south.

11. Owner/developer shall complete a combination plat prior to the issuance of a land disturbance permit.

12. Owner/developer shall be required to cure any and all nonconforming lot dimensional aspects as a result of any future land subdivision/transaction via the Zoning Board of Appeals.

13. Owner/developer shall dedicate additional right-of-way along the total property frontages along Ashford Dunwoody Road, Perimeter Summit Parkway and Parkside Place for a

minimum width of 12.5 feet from the back of curb of any new curb and gutter along these

roads.

14. Owner/developer shall dedicate additional right-of-way for a miter at the intersection of Ashford Dunwoody Road and Perimeter Summit Parkway. Said miter shall measure a

minimum of 25 feet along each of the named roadways.

15. Owner/developer shall widen Ashford Dunwoody Road between the northernmost Site Driveway on Ashford Dunwoody and Perimeter Summit Parkway, such that the existing

outside southbound lane on Ashford Dunwoody Road coming from I-285 connects

continuously to the existing right turn lane at Perimeter Summit Parkway.

16. Owner/developer shall provide a traffic impact analysis, prior to issuance of a Land Disturbance Permit, that addresses the traffic impacts of the development at the following

locations:

a. Ashford Dunwoody Road at Perimeter Summit Parkway/Oak Forrest Drive b. Ashford Dunwoody Road at the two site driveways (one signalized, one

unsignalized)

17. Owner/developer shall incorporate additional conditions that may result from review of the traffic impact analysis/study by the Public Works Director, prior to issuance of a Land

Disturbance Permit.

18. Owner/developer shall provide stormwater management in accordance with the City Code and a new stormwater maintenance agreement will be required. Provide any previously

approved stormwater management plans for the site. All storm water including detention,

water quality, channel protection and downstream analysis shall be addressed at time of Land

Disturbance Permit.

19. Owner/developer is responsible for the future development to be compliant with the Georgia Stormwater Management Manual (GSSM) Stormwater Runoff Quality Standard (Water

Quality) by providing measures that treat the required Water Quality Volume through

evapotranspiration, infiltration and/or evaporation.

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*PLANNING COMMISSION RECOMMENDATION

The Planning Commission recommend deferral of RZ13-11, SLUP13-01 and SLUP13-02 ON

January 8th 2014 with a request that if granted by the council that the matter be remanded back to

the planning commission for additional public hearing. Note: during the February 25th, 2014

Council hearing, the applicant requested deferral to the April 2nd, 2014 planning

commission hearing and the April 22, 2014 hearing.

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city of brookhaven, ga 2014-04-22 city council - full agenda-1184

Documents

city of brookhaven page

zoning ordinance

public participation

pm ordinance ord

consideration of approval

text amendment

max davis

pm page