DeKalb County Department of Planning & Sustainability

Planning Commission Hearing Date: Tuesday, November 1, 2016, 6:30 P.M. Board of Commissioners Hearing Date: Tuesday, November 15, 2016, 6:30 P.M.

STAFF ANALYSIS

10/19/16 Prepared By: KFHILL Page 1 CZ-16-20977

Lee May Interim Chief Executive Officer

330 Ponce De Leon Avenue, Suite 500 Decatur, GA 30030

(404) 371-2155 / plandev@dekalbcountyga.gov

Case No.: CZ-16-20977

Agenda #: N.4

Location/Address: The north side of Covington Highway between South Indian Creek Drive and Mercer Road. The site known as Alden Park is located at 4544 and 4534 Covington Highway and 4145 through 4321 Alden Park Drive, Decatur, Georgia.

Commission District: 5 Super District: 7

Parcel ID: 15-195-08-042, 15-195-08-045, 15-195-08-056 15-195-08-086 thru 15-195-08-149

Request: To request a Major Modification to zoning conditions CZ-04077 to remove the requirement for 24 Live/Work Units in order to develop townhome units for residential use only in an O-I-T (Office-Institutional-Transitional) District.

Property Owner: REO Funding Solutions II, LLC

Applicant/Agent: Wilson Parker Homes of Georgia/ Shawn Tokanel

Acreage: 9.01 Acres

Existing Land Use: Partially developed with deceleration lane, curb cut, street (Alden Park Drive) and sidewalks along Covington Highway

Surrounding Properties: Single-family detached residence, Office uses, Apartments and Commercial uses

Adjacent & Surrounding Zoning:

North, Northeast, East, Northwest: R-75 (Residential Medium Lot) District West: O-I (Office-Institutional) District, R-75 & C-1 (Local Commercial) South: O-I (Office-Institutional) District & OD (Office Distribution)

Comprehensive Plan: Com Redevel Corridor (CRC) Consistent X: up to 18 units per acre

Proposed Building Square Feet: Each unit conditioned to minimum 1,400 sq. ft.

Existing Building Square Feet: None

Proposed Lot Coverage: maximum 80%

Existing Lot Coverage: N/A

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SUBJECT SITE: The 9.01 acre project site is located on the north side of Covington Highway (a four-lane major arterial with middle turn lane) east of I-285 between South Indian Creek and Mercer Road in Decatur, Georgia. The property known as Alden Park has been cleared and platted for townhouse development with an abundance of mature vegetation along perimeter property lines. A creek runs diagonally through the property. Access to the site is via Alden Park Drive, an internal subdivision street that is accessed from Covington Highway. Property frontage along Covington Highway is developed with curb, gutter and sidewalk. Surrounding land uses include single-family detached residences east of the site along Mercer Road and north of the site within Indian Forest Subdivision. Covington Highway has a mixture of single-family, office, multi-family and commercial uses in the area of the subject site. All Star Kids Academy is west of the site along Covington Highway. East is a single-family residence and law office. Across from the site along Covington Highway is auto repair, a place of worship, a family dental office, undeveloped property and further southeast is apartments. ZONING HISTORY: The subject 9.01 acre site was originally zoned R-75 (Single-Family Residential) District with the adoption of 1956 DeKalb County Code of Ordinances. On April 12, 2005, the DeKalb County Board of Commissioners approved a rezoning request from R-75 to O-I-T (Office-Institutional-Transitional) District with conditions to allow 69 units with no less than 24 units being live-work units. On September 13, 2006, the DeKalb County Zoning Board of Appeals granted a variance to reduce the front and rear yard setback for Unit One along the western portion of the site. The final plat for Alden Park was recorded per AP# 14088 in 2008. MODIFICATION ANALYSIS:

Existing Condition 2: The maximum number of units shall be 69 units, with no less than twenty-four (24) of the units being live/work units. Proposed Modified Condition 2: The maximum number of units shall be 69 units. The applicant is requesting to modify condition 2 by deleting the stipulation that 24 units be developed as live/work units. It is the desire of the applicant to develop the entire site as 64 single-family attach townhome units at a density of 7.03 units per acre. Per the submitted Letter-of-Intent, the applicant states the following reasons for the modification request: The community is too small to support both Live and Work units because of parking and traffic from businesses inside the community. Given the shape and narrow configuration of the property, there is insufficient area to accommodate parking for both guest and business patrons. The development has only one (1) street (Alden Park Drive). All of the units front on Alden Park Drive. Compliance to required stream and transitional buffers leaves little room for parking to support live/work units. The economics for sustainability do not support a live/work unit concept due to the size of the community. Per Article 27-2.30.1.C of the DeKalb County Code, the intent of the O-I-T District is to provide for the transition from residential to office and associated commercial uses which do not generate large volumes of traffic, noise or other harmful effects and which are compatible with residential uses along Commercial Redevelopment Character areas. Planning Staff notes that existing zoning and land uses along this section of Covington Highway provide for transition between residential, office and commercial uses. Single-family and office uses transition east of the site. Office, residential and commercial uses transition west of the site. Deletion of the live/work-units would not affect the pattern of transition along Covington Highway or negatively impact adjacent or surrounding land uses. Given that single-family attached units are a permitted use within the O-I-T zoning district per Use Table 4.1 of the DeKalb County

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Code, the proposed attached townhouse development with compliance to development standards would be an appropriate use for the site. COMPLIANCE WITH O-I-T DISTRICT STANDARDS PER TABLE 2.2: O-I-T STANDARD REQUIREMENT PROPOSED COMPLIANCE

MIN. OPEN SPACE 20% > 20% Yes

MIN. TRANSITIONAL BUFFER

50’ buffer adjacent to R-75 District (Residential Medium Lot) District

50 foot buffer Yes

MIN. LOT WIDTH

Single- Family Attached - SFA

N/A (Not individual lots) N/A N/A

MIN. UNIT SIZE

(Single-Family Attached – SFA)

1,000 square feet Min. 1,400 square feet Yes

MIN. LOT AREA PER UNIT 4,000 square feet 4,000 Square Feet Yes

MAX. LOT COVERAGE PER

80% <80% Yes

BUILDING SETBACKS Maximum 60 feet along major arterials (Covington Highway)

40 feet along Covington Highway

Yes

MAX. BLDG. HEIGHT 35 feet 35 feet Yes

PARKING- SFA

64 attached residences

Min. 1.5 spaces per unit or Max. 3 spaces per unit + 0.25 per unit for guest parking. Min 112 spaces Max 208 spaces

No parking depicted on submitted site plan

Must show compliance during the BP (Building Permit) process or seek variance from ZBOA

COMPLIANCE TO ARTICLE 5: Site Design and Building Form Standards The adoption of the revised DeKalb County Zoning Code on September 1, 2015 requires development standards for new construction. Per Article 5, minimum standards required for single-family attached buildings include landscaping, sidewalks, transitional buffers, open space. Requirement Compliance 5-Foot sidewalks Yes 50-foot transitional buffers Yes 20% open space Yes – 5.23 acres provided Landscape strip between curb & sidewalk Yes Frontage on public streets Yes

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TRANSPORTATION COMMENTS GDOT permits required. Covington Hwy (SR 12) is classified as a major arterial and a Tier 2 Bike Priority Network. Four (4) feet wide bike lanes and a 50 foot right of way dedication from centerline is required. Site requires a 6 foot sidewalk with a 0-4 foot landscape strip (4 foot preferred), 0-6 foot landscape strip on back of sidewalk. The new road will be local residential with 2 twelve foot lanes and a 55 foot right of way dedication. Five foot sidewalks are required with a 6 foot landscape strip. Street lights are required. All pedestrian paths must meet ADA requirements. Planning Staff notes that the submitted plat depicts compliance to transportation requirements. Section 27-7.3.4 of the DeKalb County Code states that the following standards and factors shall govern the review of all proposed amendments to the Official Zoning Map. A. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan:

At 7.03 units per acre, the proposed development is less than the maximum density of 18 units per acre that is allowed in the Commercial Redevelopment Corridor character area. The modification request is consistent with the following housing policies of the 2025 Comprehensive Plan: “Enhance the county’s existing supply of housing.” (HP3) and Provide a variety of housing opportunities and choices to better accommodate the needs of residents (HS13).

B. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent

and nearby properties:

The modification request for single-family attached development on the subject site will allow a transitional residential use with adjacent single-family detached residences and nearby office-institutional uses (All Star Kids Academy, law and dental offices) in the area along Covington Highway. The proposed use is compatible with nearby multi-family residential use (KRC Ridge Apartment Homes) further southeast along Covington Highway.

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

The existing conditions require no less than 24 live/ work units within the 69 total allowed. The applicant states in the Letter-of-Intent that the small size of the development (64 units) will not economically support live-work units. Traffic and parking needs would negatively impact single-family attached units. The proposed development for all single-family attached residences may have a higher economic value.

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

The modification request for all single-family attached units in lieu of 24 live-work units would reduce the number of vehicles trips for Alden Park during peak business hours.

E. Whether there are other existing or changing conditions affecting the use and development of the property,

which give supporting grounds for either approval or disapproval of the zoning proposal:

The mixture of existing land uses along Covington Highway (office, institutional, residential and commercial) support the proposed attached single-family development on the site given the transitional nature of uses within the Commercial Redevelopment Corridor.

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

There are no known historic buildings, sites, districts or archaeological resources affecting the modification request.

G. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of

existing streets, transportation facilities, utilities, or schools:

There has been no indication from reviewing departments and agencies that the proposal will or could cause excessive use of existing streets, transportation facilities or utilities. There may be an increased in school enrollment for the district schools.

STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS

The modification request to develop 64 single-family attached townhouse units at a density of 7.03 units per acre provides an appropriate transition of land use to adjacent single-family detached residences and office and institutional uses along Covington Highway. Given that Covington Highway is a major arterial, the request will not impact traffic or public utilities. The request is consistent with Comprehensive Plan policy to “Enhance the county’s existing supply of housing.” Therefore, Staff recommends “APPROVAL” to modify condition 2 pursuant to CZ-04077 to delete the requirement of 24 live-work units on the site. Recommended conditions incorporate the original approved conditions.

1. Site Plan Entitled “Alden Park, Conceptual Rezoning Site Plan” prepared by DPE Development Planning and Engineers, Inc. dated May 25, 2004, last revised October 12, 2004, Submitted to the Planning Department on March 18, 2005.

2. The maximum number of units shall be 69 units, with no less than twenty-four (24) of the units being live-work units. (CZ-16-20977)

3. Each unit shall have a minimum heated floor area of 1,400 sq. ft.

4. There shall be a mandatory homeowners association which shall own all of the common area located within the

townhome project.

5. All units within the project shall be fee simple units, and the restrictive covenants for the project shall provide that no more than 15% of the units may be held by investors for rental units and such rental units shall be registered with the HOA’s management company.

6. Each unit shall have the following: garage connected to the unit and patio pad with a privacy fence. 7. The project shall contain a minimum of four façade types, with each façade type being used on no more than ¼ of

the project. 8. Sidewalks shall be located on both sides of the street throughout the project.

10/19/16 Prepared By: KFHILL Page 6 CZ-16-20977

9. Facades shall consist of brick, stone, stucco and/or hardi-plank.

10. The entrance to the project shall be landscaped and the permanent identification sign for the project shall be a brick monument sign.

11. All detention facilities shall be shielded from view with evergreen trees and a 6 ft. fence, as provided in the DeKalb

County development code.

12. Sidewalks shall be installed along the Covington Highway right-of-way in front of the project. Attachments: 1. Department and Division Comments 2. Application 3. Site Plan 4. Zoning Map 5. Land Use Plan Map 6. Aerial Photograph 7. Site Photographs

NEXT STEPS Following an approval of this zoning action, one or several of the following may be required: • Land Disturbance Permit (Required for of new building construction on non-residential properties, or

land disturbance/improvement such as storm water detention, paving, digging, or landscaping.)

• Building Permit (New construction or renovation of a building (interior or exterior) may require full plan

submittal or other documentation. Zoning, site development, watershed and health department standards will be checked for compliance.)

• Certificate of Occupancy (Required prior to occupation of a commercial space and for use of property for

any business type. The issuance follows the review of submitted plans if required based on the type occupancy.)

• Plat Approval (Required if any parcel is being subdivided, re-parceled, or combined. Issued

“administratively”; no public hearing required.)

• Sketch Plat & Final Plat Approval (Required for the subdivision of property into three lots or more. Requires a public hearing by the Planning Commission.)

• Overlay Review (Required review of development and building plans for all new construction or exterior

modification of building(s) located within a designated overlay district.)

• Historic Preservation (A Certificate of Appropriateness is required for any proposed changes to building exteriors or improvements to land when located within the Druid Hills or the Soapstone Geological Historic Districts. Historic Preservation Committee public hearing may be required.)

• Variance (Required to seek relief from any development standards of the Zoning Ordinance. A public

hearing and action by the Board of Appeals are required for most variances.)

• Minor Modification (Required if there are any proposed minor changes to zoning conditions that were approved by the Board of Commissioners. The review is administrative if the changes are determined to be minor as described by Zoning Code.)

• Major Modification (Required submittal of a complete zoning application for a public hearing if there are

any proposed major changes to zoning conditions that were approved by the Board of Commissioner for a prior rezoning.)

• Business License (Required for any business or non-residential enterprise operating in Unincorporated

DeKalb County, including in-home occupations).

• Alcohol License (Required permit to sell alcohol for consumption on-site or packaged for off-site consumption. Signed and sealed distance survey is required. Background checks will be performed.)

Each of the approvals and permits listed above requires submittal of application and supporting documents,

and payment of fees. Please consult with the appropriate department/division.

The following areas below may warrant comments from the Development Division. Please respond

accordingly as the issues relate to the proposed request and the site plan enclosed as it relates to Chapter 14. You may address

applicable disciplines.

DEVELOPMENT ANALYSIS:

• Transportation/Access/Row

Consult the Georgia DOT as well as the DeKalb County Transportation Department prior to land

development permit. Verify widths from the centerline of the roadways to the property line for

possible right-of-way dedication. Improvements within the right-of-way may be required as a

condition for land development application review approval. Safe vehicular circulation is

required. Paved off-street parking is required.

• Storm Water Management

Compliance with the Georgia Stormwater Management Manual, DeKalb County Code of

Ordinances 14-40 for Stormwater Management and 14-42 for Storm Water Quality Control is

required as a condition of land development permit approval.

• Flood Hazard Area/Wetlands

The presence of FEMA Flood Hazard Area was not indicated in the County G.I.S. mapping

records for the site; and should be noted in the plans at the time of any land development

permit application.

DEKALB COUNTY GOVERNMENT PLANNING DEPARTMENT DISTRIBUTION FORM

• Landscaping/Tree Preservation

Landscaping and tree preservation plans for any building, or parking lot must comply with

DeKalb County Code of Ordinances 14-39 and are subject to approval from the County Arborist.

• Tributary Buffer

State water buffer was reflected in the G.I.S. records for the site. Typical state waters buffer

have a 75’ undisturbed stream buffer and land development within the undisturbed creek buffer

is prohibited without a variance per DeKalb County Code of Ordinances 14-44.1.

• Fire Safety

Plans for land development permit must comply with Chapter 12 DeKalb County Code for fire

protection and prevention.

TRANSPORTATION COMMENTS NOVEMBER 2016 ZONING AGENDA

10/19/16

N1. Requires a GDOT permit. Lavista Rd (SR 236) is classified as a minor arterial. Per county code the following improvements are required: 4 foot wide bike lanes, 40 foot from centerline right of way dedication (or such that all public improvements are within right of way), 6 foot sidewalk with a 0-4 foot landscape strip (4 foot preferred), 0-6 foot landscape strip on back of sidewalk. Streetlights are required. All pedestrian paths must meet ADA requirements. The intersecting streets must meet intersection and stopping sight distance requirements as outlined in the Association of State Highway and Transportation Officials’s (AASHTO’s) A policy in Geometric Design of Highways and Streets. Left turn lane is required, as shown in site plan. Lavista Road is on the Tier One Priority Bike Network, therefore bike facilities are to be provided. N2. No Comment N3. Alter design of new intersection at terminus to clearly define potentially conflicting vehicle paths- create a plus intersection, roundabout or cul-de-sac. If roads are to be private, please label “private” prior to plan submission. Private roads in DeKalb County are to be constructed to the same standards as public roads- add ADA path from sidewalk shown across to the housing side of the road. Add sidewalk on the housing side of the road. Add sidewalk on north side of entry lane. Street lights are required. N4. GDOT permits required. Covington Hwy (SR 12) is classified as a major arterial and a Tier 2 Bike Priority Network. Required 4 feet wide bike lanes and a 50 foot right of way dedication from centerline. Requires a 6 foot sidewalk with a 0-4 foot landscape strip (4 foot preferred), 0-6 foot landscape strip on back of sidewalk. The new road will be local residential with 2 twelve foot lanes and a 55 foot right of way dedication. Five foot sidewalks are required with a 6 foot landscape strip. Street lights are required. All pedestrian paths must meet ADA requirements. N5. Rockbridge Road is a minor arterial. County code requires 4 foot bike lane, 40 feet of right of way dedication from centerline, six foot sidewalk and a 0-4 foot landscape strip (4 foot preferred), 0-6 foot landscape strip on back of sidewalk. This section of Rockbridge Road is on the Second Tier Bicycle Priority Network. Align future driveway with Edgefield Drive. Extend sidewalks along right of way until Monteagle Trace. Add left turn lane into site. Street lights required. N6. Same as N5. N7. No comments. N8. No comments.

. - =

62-04077

AN ORDINANCE TO AMEND THE DEKALB COUNTY ZONING MAP

AN ORDINANCE TO AMEND THE DEKALB COUNTY ZONING ORDINANCE MAP

DISTRICT. THE PROPERTY IS LOCATED ON THE EAST SIDE OF COVINGTON HIGHWAY, 244 FEET NORTHERLY FROM THE INTERSECTION OF THE CENTERLINE OF BELVEDERE SQUARE. THE PROPERTY HAS 328.8 FEET OF FRONTAGE ON COVINGTON HIGHWAY AND CONTAINS 9.1 ACRES. THE APPLICATION IS CONDITIONED ON DEVELOPMENT OF THE PROPERTY FOR TOWN HOMES, INCLUDING SOME LIVENORK UNITS BASED ON A CONCEPTUAL PLAN.

IN ORDER TO REZONE PROPERTY FROM R-75 DISTRICT TO OIT (COND.)

APPLICANT: OWNER:

Millard Bowen Communities

COMMISSION DISTRICTS: 3 & 7

WHEREAS, Millard Bowen Communities has filed an application to amend the DeKalb County Zoning Ordinance to rezone property located on the east side of Covington Highway, 244 feet northerly from the intersection of the centerline of Belvedere Square, and more particularly described as follows:

All that tract or parcel of land lying and being in District 15, Land Lot 195 of DeKalb County, Georgia, containing 9.1 acres, and

WHEREAS, it appears to the Board of Commissioners that the application meets all of the criteria set forth in the DeKalb County Code, Chapter 27, Article IVY Division 1, Section 27-832 and Section 27-833 for amending the DeKalb County Zoning Ordinance for the subject property from R-75 District to OIT (cond.) District.

THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, HEREBY ORDAINS:

Part 1: Pursuant to the authority of the DeKalb County Board of Commissioners to exercise powers of zoning, as set forth in Section 27-4 of the DeKalb County Zoning Ordinance, an amendment to rezone property located on the east side of Covington Highway, 244 feet northerly from the intersection of the centerline of Belvedere Square. The property has 328.8 feet of frontage on Covington Highway, contains 9. lacres is hereby approved with conditions.

Part 2: That if this amendment is approved conditionally under the provisions of Section 27-833 and Section 27-841 of the DeKalb County Zoning Ordinance, as identified by the use of the term “Conditional” after the district designation in Section 1 above, the development and use of the above-described property shall be permitted only in compliance with the conditions and/or site plan as attached to this ordinance (Attachment A).

Part 3: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

CZ-04077

Part 4: This ordinance hereby approved does not authorize the violation of any Zoning District Regulations. District regulation variances can be approved only by the application to the Zoning Board of Appeals.

ADOPTED by the DeKalb County Board of Commissioners this 12 day of

2005.

Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, this l2 day of

April ,2005.

Chief Executive Officer DeKalb County, Georgia

oard of Commissioners DeKalb County, Georgia

CZ-04077

FINAL CONDITIONS FOR: CZ-04077

I REQUESTED BY APPLICANT:

The application is conditioned on development of the property for town homes, including some live/work units based on a conceptual plan.

I PLANNING DEPARTMENT:

Approval. The conceptual site plan submitted with this application is for a development which is not inappropriate along the Covington Highway frontage, given the adjacent zoning categories, one of which was recently approved. It is appropriate that the units adjacent to Covington Highway are live/work spaces. Approval should be conditioned on the site plan entitled "Alden Park, Conceptual Rezoning Site Plan" prepared by DPE Development Planning and Engineers, Inc. dated May 25,2004 and marked received October 21,2004.

I PLANNING COMMISSION: I Approval.

1 BOARD OF COMMISSIONERS:

Approved with conditions, April 12,2005.

REZONING CONDITIONS FOR CZ-04077 MILLARD BOWEN COMMUNITIES

1. Site Plan Entitled “Alden Pqk, Conceptual Rezoning Site Plan” prepared by DPE Development Planning and Engineers, Inc. dated May 25,2004, last revised October 12,2004, submitted to the Planning Department on March lS, 2005.

2. The maximum number of units shall be 69 units, with no less than twenty-four (24) of the units being live/work units.

3. Each unit shall have a minimum heated floor area of 1,400 sq. ft.

4. There shall be a mandatory home owners association which shall own all of the common area located within the townhome project

5. All units within the project shall be fee simple units, and the restrictive covenants for the project shall provide that no more tha;” 15T of the units may be held by investors for rental units and such rental units shall be registered with the HOA’s management company

6. Each unit shall have the following: i. car garage connected to the unit ii9atio pad with a privacy fence

7. The project shall contain a minimum of four faGade types, with each faGade type being used on no more than %4 of the project

8. Sidewalks shall be located on both sides of the streets throughout the project

9. Facades shall consist of brick, stone, stucco and/or hardiplank

10. The entrance to the project shall be landscaped and the permanent identification sign for the project shall be a brick monument sign

11. All detention facilities shall be shielded from view with evergreen trees and a 6 ft. fence, as provided in the DeKalb County development code.

12. Sidewalks shall be installed along the Covington Highway right-of-way in front of the project.

N.4 CZ -16- 20977 Site Plan

Stone is optional on all elevationsAlden Park

N.4 CZ-16-20977 Zoning Map

SITE

N.4 CZ -16 - 20977 Future Land Use Map

Commercial Redevelopment Corridor SITE

N.4 CZ -16 -20977 Aerial

Subject Property

SITE

All Star Kids Academy

Law Office

Dental Office

Auto Repair

Church

Single-Family

Single-Family

Undeveloped

N.4 CZ -16- 20977 Site Photos

Project Entrance