november 17, 2015 zoning hearing “other...

NOVEMBER 17, 2015 ZONING HEARING “OTHER BUSINESS” COMMISSION DISTRICT 2 ITEM # 048 PURPOSE To consider amending the site plan and stipulations for Alliance Realty Partners, LLC regarding rezoning application Z-27 (Lynwood Development Group, LLC) of 2015, for property located at the southwest intersection of Powers Ferry Road and Windy Ridge Parkway in Land Lots 985 and 1008 of the 17th District. BACKGROUND The subject property was rezoned to Urban Village Commercial (UVC) in June of this year to develop a mixed use project consisting of 280 residential units and 8,000 square feet of commercial area. The property was rezoned to the site plan and many stipulations. The applicant has completed final engineering and has found they need to amend the site and stipulations in order to start building this proposal. First, the applicant needs to amend the site plan to accommodate a revised access point on the rear of the building. This revised access point should improve traffic circulation. Second, the applicant would like to clarify their position that the stipulated unit square footages from 700- 1,400 square feet are not required minimum or maximum square footages for the units. They have supplied an attachment labeled “Windy Ridge Unit Square Footage”, which demonstrates actual unit square footage (703 square feet to 1,388 square feet). Lastly, the number of units is being reduced to 277 units from 280 units. If amended, all other zoning stipulations would remain in effect. FUNDING N/A RECOMMENDATION The Board of Commissioners conduct a Public Hearing and consider the proposed site plan and stipulation amendment. ATTACHMENTS Other Business application and stipulations.

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MOORE INGRAM JOHNSON & STEELEA LIMITED LIABILITY PARTNERSHIP

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Min. Pk. 14 — Petition No. a-' 7

Dec, Type l c* u' April 16, 2015

Meeting i : to 6- I6- I S6Hand Delivered 1 ;; I' )

L ,---I

Mr. John P. Pederson AICP1 11 t 1"' t i ii , i 11 j .J

Zoning Division Manager i'' "

Zoning Division COPE CC cOcOM. UV. AGENCYCobb County Community Development Agency z n) r.,6 Dws>oNSuite 400

1150 Powder Springs Road

Marietta, Georgia 30064

RE: Application for Rezoning - Application No. Z-27 ( 2015)

Applicant: Lynwood Development Group, LLCProperty Owners: BSD Power II, LLC and Park Point Land, LLC

Property: 3. 14 acres, more or less, located on the southerlyside of Powers Ferry Road and the westerly sideof Windy Ridge Parkway, Land Lots 985 and1008,

17th

District, 2nd

Section, Cobb County,Georgia

Dear John:

The undersigned and this firm represent Lynwood Development, LLC, the Applicant (hereinafter

Applicant"), in its Application for Rezoning with regard to property located on the southerlyside of Powers Ferry Road and the westerly side of Windy Ridge Parkway, being 3. 14 acres,more or less, in Land Lots 985 and 1008,

17th

District, 2nd Section, Cobb County, Georgiahereinafter the " Property" or " Subject Property"). After meetings and discussions with planning

and zoning staff and various Cobb County departmental representatives, ongoing discussions andmeetings with area civic and homeowner representatives and area residents, reviewing the staff

MOORE INGRAM JOHNSON & STEELE

Mr. John P. Pederson, AICP

Zoning Division Manager Petition No.

Zoning Division Meeting Date 6- r -! S

Cobb County Community Development Agency Continued

Page 2 of 10

April 16, 2015

comments and recommendations and the uses of surrounding properties, and following thepresentation to the Cobb County Planning Commission, we have been authorized by theApplicant to submit this revised letter of agreeable stipulations and conditions which, if the

Application for Rezoning is approved, as submitted, shall become a part of the grant of therequested zoning and shall be binding upon the Subject Property. This letter shall supersede and

replace in full the previous letter of agreeable stipulations and conditions dated February 25,2015, and filed with the Cobb County Zoning Office on February 26, 2015. The revised,

proposed stipulations are as follows:

1) The stipulations and conditions set forth herein shall replace and supersede in full

any and all prior stipulations and conditions, in whatsoever form, which arecurrently in place on the Subject Property; together with any and all prior

Departmental Comments and Staff Recommendations submitted by Planning,Fire, Water, Sewer, and Drainage, relating to the Subject Property from anyprevious zoning actions.

2) Applicant seeks rezoning of the Subject Property from the existing zoningcategory of Office High Rise (" OHR") to the proposed zoning category of UrbanVillage Commercial (" UVC"), site plan specific to the revised Rezoning SitePlan prepared for Applicant by Planners and Engineers Collaborative datedDecember 29, 2014, last revised April 15, 2015. A reduced copy of the revisedRezoning Site Plan is attached hereto for ease of reference as Exhibit " A" and

incorporated herein by reference.

3) By this revised letter of agreeable stipulations and conditions, Applicant amendsits Application for Rezoning to include the revised Zoning Site Plan for theproposed development hereinabove referenced, same being prepared for

Applicant by Planners and Engineers Collaborative dated December 29, 2014, lastrevised April 15, 2015, and filed contemporaneously herewith.

4) The Subject Property consists of approximately 3. 14 acres of total site area andshall be developed for a mixed-use development consisting of residential unitsand supporting commercial development.



Zoning Division Manager Petition No. 2.-27

Zoning Division Meeting Date G- F


Page 3 of 10

April 16, 2015

I. COMMERCIAL COMPONENT

1) The commercial component shall consist of a minimum of 8, 000 square feet alongthe entire frontage of Powers Ferry Road, and may include specialty shops such ascoffee, sundries, fitness, general merchandise, alcohol sales and consumption,restaurants, shared " hotspot" workspace, and other like businesses or

establishments, which may be shared as business and fitness centers for theoverall development.

2) Applicant agrees the exteriors and architectural appearance of the commercial

component, shall be substantially similar to the renderings attached hereto asExhibit " B," including a combination of glass and brick with patio and outdoorseating areas ranging from twelve ( 12) to more than eighteen ( 18) feet in widthand designed to engage the Powers Ferry Road corridor from a pedestrianperspective, but so as not to impede pedestrian traffic.

3) Applicant agrees that the minimum floor to finished ceiling height within thecommercial component shall be twelve ( 12) feet.

II. RESIDENTIAL COMPONENT

1) The residential component of the proposed development shall consist of one

building, a maximum of six ( 6) stories in height, with a maximum of two hundredeighty ( 280) total residential units.

2) Units within the proposed residential development shall consist of one and two-

bedrooms, and range in square footage from 700 square feet to 1, 400 square feet

per unit, and possibly greater.

3) Floor plans and finishes within the units shall consist, at a minimum, of the

following:

a) Enhanced Corian, granite, marble, or other solid surface counter tops;

b) Minimum ceiling heights:

i) Minimum nine ( 9) feet from floor to finished ceiling and greater; and



Zoning Division Manager Petition No. a-.27

Zoning Division Meeting Date 6- 44- J5--

Cobb County Community Development AgencyContinued

Page 4 of 10

April 16, 2015

ii) Minimum ten ( 10) feet between floors;

c) Wood frame cabinetry or equivalent;

d) High-end appliances consistent with luxury apartment and condominiumfinishes;

e) Extra deep stainless steel kitchen sinks;

f) Ceramic tile, wood plank and high-end carpet throughout;

g) Spacious, open floor plans;

h) Brushed chrome or oiled rubbed bronze bathroom and kitchen fixtures;

i) Ceramic tile bathrooms and laundry rooms;

j) Spacious walk-in closets;

k) High-speed internet wiring in all units;

1) Window treatments throughout the units to present a uniform appearance;

m) Tile tub surround and tile showers in select units;

n) Upgraded wood trim package throughout each unit;

o) First-class landscape and hardscape throughout the proposed development;

p) Energy-efficient construction which will exceed the Georgia Energy Code;

q) Double-paned, insulated windows in all units; and

r) Controlled access building and amenity areas.

4) The exterior façade of the building will be responsive to the site and surroundingarea and shall consist of brick, stone, stacked stone, stone- type materials, stucco-

type materials, hardi or metal-panel, masonry, cement fiber, and glass, or any



Zoning Division Manager Petition No.Division Meeting Date G-/ 6- rs


Page 5 of 10

April 16, 2015

combinations thereof, on all four ( 4) sides. A copy of the rendering of theproposed building is attached hereto as Exhibit " C" and incorporated herein byreference.

5) All units within the proposed residential community may be leased in accordancewith the UVC category. The units shall be converted to " for sale" units at such

time as market conditions allow as determined by the primary lending institutions,at any given time, financing the subject development.

6) Upon conversion of the units to " for sale" condominium units, the units shall be

made subject to the Georgia Condominium Act and shall comply in all respectstherewith. The submission of these units to the Georgia Condominium Act shallbe concurrent with the conversion of the units to " for sale" units. Upon such

conversion, Applicant agrees to the recording and enforcement of a Declaration ofCondominium which shall contain covenants, rules, and regulations applicable to

the proposed residential condominium community.

7) Additionally, and in conjunction with the submission of the community to theGeorgia Condominium Act, Applicant agrees to the creation of a mandatorycondominium association which shall be responsible for the upkeep andmaintenance of the entrance areas, all common areas, amenity areas, and the like,contained within the residential condominium community.

8) Upon conversion of the units to " for sale" units, there shall be established a

restrictive covenant which limits the number of units which can be leased or

rented at any one time to a maximum of ten ( 10) percent of the total number ofunits, or as allowed by any federal agency.

9) The proposed residential community shall have a state- of-the art recreationalfacility and unique amenity area for the use and enjoyment of its residents, asfollows:

a) Pool;

b) Clubhouse, which will feature a media lounge and coffee bar;

c) Fitness center, which will be fully equipped with weight trainingequipment; as well as a separate yoga studio and computerized aerobic

training system;



Zoning Division ManagerZoning Division Petition No. a- a-7

Cobb County Community Development Agency Meeting DatePage 6 of 10 Continued

April 16, 2015

d) Outside courtyard;

e) Bicycle racks; and

f) Controlled access.

STIPULATIONS APPLICABLE TO THE OVERALL DEVELOPMENT

1) Access to the proposed development shall be means of the existing access pointsto the office high-rise building; namely, the main access on Powers Ferry Roadand the private road access from Windy Ridge Parkway, as more particularlyshown and reflected on the referenced Rezoning Site Plan.

2) Parking for the commercial and residential components of the proposed projectwill be provided within the existing parking deck servicing the adjacent officehigh-rise building; as well as or within a multi- level addition to the existingparking deck, which will employ " shared" parking among the respectivecomponents and which will provide sufficient and adequate parking for the totaldevelopment based on parking for the residents at a minimum ratio of one ( 1)

space per bedroom and the Modified ULI Shared Parking demand ratios.

3) Overall lighting within the proposed development shall be environmentallysensitive, decorative, and themed to the architecture and style of the building.More specifically, proposed pedestrian lighting will be similar in nature and styleto the Pedestrian Lighting Concepts attached hereto as Exhibit " D" and

incorporated herein by reference so as to create a distinctive pedestrian- friendlylocation within the Powers Ferry Road corridor. The final pedestrian lightingstyle and concept will be subject to approval by the District Commissioner duringthe plan review process.

4) Additionally, hooded lighting shall be utilized on the building and throughout thewalkways, surface parking area, and parking garage.

5) Signage for the proposed development shall be ground based, monument style,

and shall be constructed in a style and of materials which are complementary tothe proposed building; excepting only, building, commercial/ tenant identificationsignage and directional signage. More specifically, signage for the commercial


Mr. John P. Pederson, AICP Petition No. 2, 2-7Zoning Division Manager Meeting Date 6—fs"

Zoning Division Continued

Cobb County Community Development AgencyPage 7 of 10

April 16, 2015

portion of the development will be similar in style and distinction to those shownon the Signage Concepts attached hereto as Exhibit " E" and incorporated herein

by reference. The final signage package for the overall development, includingcommercial signage shall be subject to the approval of the District Commissioner

during the plan review process.

6) All construction and employee vehicles and equipment will be parked, and

otherwise located on, the Subject Property, or the adjacent office parking, duringdevelopment of infrastructure and construction of the residential building.

7) The setbacks for the proposed community shall be as follows:

a) Front setback Twenty- five (25) feet;

b) Rear setback Twenty- five (25) feet;

c) Major side setback - Twenty- five (25) feet; and

d) Minor side setback - Zero ( 0) feet.

8) The maximum impervious surface area shall be sixty-five (65) percent.

9) Landscaping for the entrance area, sign areas, amenity and courtyard areas, andall other common areas immediately surrounding the proposed building shall beprofessionally designed, implemented, and maintained.

10) All utilities servicing units within the proposed development shall be

underground.

11) Applicant shall be allowed to provide for a gated development pursuant to Cobb

County standards.

12) The District Commissioner shall have the authority to approve minor

modifications to these stipulations and the Rezoning Site Plan as the developmentproceeds through the Plan Review process and thereafter. For purposes of this

paragraph, any modifications that increase density; reduce the size or compositionof an approved buffer or landscape strip to adjacent property; relocate a structurecloser to a property line; or, increase the height of a building adjacent to propertywhich are in direct contradiction to or conflict with the foregoing stipulations, will



Zoning Division ManagerPetition No. 2'

Zoning DivisionMeeting Date 6-/ 6- I S

Continued

Cobb County Community Development AgencyPage 8 of 10

April 16, 2015

come back through the public hearing process as an " Other Business"Application."

13) Any retaining walls exposed to public rights-of-way or adjoining properties shallbe faced with hard surface materials such as brick, stone, stacked stone, or split-faced segment block wall.

14) Any sidewalk, curb, or guttering damaged or destroyed during construction shallbe repaired or fully replaced following completion of the project.

15) All buffer areas may be penetrated for purposes of access, utilities, and

stormwater management; including, but not limited to, detention/ retention

facilities, drainage facilities, trails, and any and all slopes or other required

engineering features of the foregoing.

16) Applicant agrees to comply with all Cobb County Stormwater Managementrequirements applicable to the Subject Property.

17) All landscaping referenced herein shall be approved by the Cobb County Arboristas part of the plan review process and incorporated into the overall landscape plan

for the proposed development.

18) Applicant agrees to comply with all Cobb County development standards andordinances relating to project improvements, except as approved by the Board ofCommissioners or by the Department of Transportation or CommunityDevelopment Agency, as their authority may allow.

We believe the requested zoning, pursuant to the revised Rezoning Site Plan and the stipulationsset forth herein, conforms to the vision established in the Powers Ferry Master Plan and is anappropriate use of the Subject Property. This project with be of the highest quality and willmake an immediate contribution of critically needed, higher quality housing to the Powers FerryRoad' s residential base.



Zoning Division ManagerPetition No. X7

Zoning DivisionMeeting Date 6—i6—IS

Cobb County Community Development Agency ContinuedPage 9 of 10

April 16, 2015

Thank you for your consideration in this request.

With kindest regards, I remain

Very truly yours,

MOORE, INGRAM, JOHNSON & STEELE, LLP

i sore

JKM:cc

Attachments

c: Cobb County Board of I•• missioners:

Timothy D. Lee, ChairmanJoAnn Birrell

Lisa N. Cupid

Robert J. Ott

Bob Weatherford

With Copies of Attachments)

Jason A. Campbell

Planner III

Zoning DivisionCobb County Community Development AgencyWith Copies of Attachments)

Charles H. Coffin


Sheldon Schlegman

The Horizon Condominiums


Sheri George

Vice President

Terrell Mill Community AssociationWith Copies of Attachments)



Zoning Division ManagerZoning Division Petition No. Z- 27Cobb County Community Development Agency Meeting Date 6—i 4--/ s-

Page 10 of 10 Continued

April 16, 2015

c: Lynwood Development Group, LLCWith Copies of Attachments)

Alliance Residential CompanyWith Copies of Attachments)

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Streetscape Lighting

Creating a safe and inviting environment is the main goal for the commercial area street lightingplan.

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The town center style street lamps create a vintage look and are aesthetically pleasing. The

fixtures illuminate adjacent sidewalks and storefronts providing opportunity for evening strolls

and community gathering.

Petition No. P-7

Niceting Date 4v- 4 4-/ S-

Continued 1 •

EXHIBIT " D"

Commercial Area - Conceptual Signage

Powers Ferry at Windy Ridge

Attractive, updated and fun with personality to match, the signage package provides an urban

village feel and a destination to call home.

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Positioning signs at alternate heights and in nontraditional locales provides idealpedestrian views and creates intimacy.

Artistic alternative sign formats bring a unique, indie look to the commercial area.

Allowing for autonomy in sign design, materials and placement avoids a homogonoussuburban feel

Prohibiting the use of back lit florescent signs mitigates a vehicular centric feel.

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Petition No 1- A7 iii i J1.- I ) jMeeting Date t`--+ 3—

Continued 1 r A'',=` aCy

EXHIBIT " E"

Z- 27/ Lynwood Development

Proposed Stipulations:

5) All units within the proposed residential community maybe leased orpurchased in accordance with the UVC category. Applicant and/ or subsequenttransferees and assignsrees to actively pursue conversion offall units within the i Deleted. All

community,in accordance with the Georgia Condominium Act to for sale" units at Deleted: shall be converted

such time as market conditions allow as determined by the primary lendinginstitutions, at any given time, financing the subject development.

6) Upon conversion of all units to" for sale" condominium units, all units shall bemade subject to the Georgia Condominium Act and shall comply in all respectstherewith. The submission of these units to the Georgia Condominium Act shall beconcurrent with the conversion of all units to" for sale" units. Upon such conversion,Applicant agrees to the recording and enforcement of a Declaration of Condominiumconsistent with the Georgia Condominium Act; consistent with the quality of the

community as set forth in these stipulations; and which shall contain covenants,rules, and regulations applicable to the proposed residential condominium

community. At the time of conversion, a copy of the Declaration of Condominiumshall be delivered to the Cobb County Community Development Department.

7) Additionally, and in conjunction with the submission of the community to theGeorgia Condominium Act, Applicant agrees to the creation of a mandatorycondominium association which shall be responsible for the upkeep andmaintenance of the entrance areas, all common areas, amenity areas, and the like,contained within the residential condominium community.

Sin Bk. --Petition No.

Doc. Type

Meeting Date 6—'6—IS

NY CLERK

OF

FILED ITH COUP (

Y1pJ

DAY

1RE

Cr'IMP( CL- RK/

EORGCOUNTYCLERK/ DEPUTY COUNTY CLERK

COBB COUNTY, G

november 17, 2015 zoning hearing “other...

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