John Hancock Life Insurance seeks SLUP for Ashford Dunwoody Rd. development

7/22/2019 John Hancock Life Insurance seeks SLUP for Ashford Dunwoody Rd. development

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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, 2014Mayor and City Council Public Hearing Date: January 28, 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: 18thDistrict, 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 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, andfor development of high-rise apartments in the O-I zoning

district, have also been requested.

Community Development Department Recommendation

Approval with conditions


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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 originallyrezoned to O-I Conditional pursuant to CZ-78079. Through the years there have been several

alterations to the plans and conditions applicable to the subject property, with the latest alteration

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

for 715,000 square feet of total net usable office space, inclusive of an existing office building at215,000 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 andimplement 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. Twospecial 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 subjectproperty 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

Perimeter Summit Pkwy


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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 determinedthat a new DRI review was not warranted.

The subject property currently contains a single office building that is identified on the land titlesurvey prepared by Travis Pruitt & Associates as 6-stories, while the applicants letter of intentindicates 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 toparking 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 northof 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 complexwould 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 250,000square-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 SummitBoulevard. The lot coverage as calculated by the applicant would account for 59.05 percent of

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

of eighty (80) percent.

According to the square footage of all proposed buildings and use types (residential and office),

the development would be required to provide 3,109 total parking spaces. The applicants site

plan would show that only 2,665 parking spaces would be provided, which would require thatthe 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 Section27-788 (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 ParksidePlace

O-ICommercial(Perimeter Summit)

West: Across Parkside

PlaceO-I

Multi-family Residential(Villa Sonoma

Condominiums)

East: Across AshfordDunwoody Road

O-I

Commercial

(Ashford Perimeter OfficeBuilding)

East: Across Ashford

Dunwoody RoadR-100 Single-Family Residential

South: AcrossPerimeter Summit

Parkway

R-100Georgia Power

Transmission Station

South: AcrossPerimeter Summit

Parkway

R-100 Single-Family Residential

REVIEW STANDARDS AND FACTORS

1. Whether the zoning proposal is in conformity with the policy and intent of the

Comprehensive Plan?

The subject property is identified on the Future Development Map in DeKalb Countys

Comprehensive Plan (adopted by the City of Brookhaven) as a regional center character area.Under the Plan, the area is envisioned for a variety of uses that would contribute to the

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

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

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


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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 existingsidewalks 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 inconformity with the policy and intent of the Comprehensive Plan and be suitable at thislocation.

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 immediatearea, 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 thescale 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 proposedrezoning 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 buildingand 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 in2002, 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 CommunityImprovement District.


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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?

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 agedchildren is anticipated. Impacts on transportation facilities may be mitigated with the

recommended conditions.

CRITERIA TO BE APPLIEDSPECIAL 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 appropriatesetbacks 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 theirdesire 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, inparticular 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 forVilla 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 canextend up to 28 stories.


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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 thatadequate 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 ornot there is sufficient traffic-carrying capacity for the use proposed so as not to unduly

increase traffic and create congestion in the area.

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

be conditioned to provide a traffic impact analysis to be reviewed by the citys Public WorksDirector 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 hadbeen 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 drivewayswould 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 DeKalbCounty 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 withnoise, smoke, odor, dust, or vibration.


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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.


use by reason of the manner of operation of the proposed use.

The proposed use would be similar in manner of operation with existing uses found in thearea.

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 zoningdistrict 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. Theproposed 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 consistentwith 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 siteplan; however, any such plan would require approval of DeKalb County.


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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.

The height of proposed buildings would be substantially lower than what is currentlyapproved 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 compliantwith 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 proposedwould 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 ofadditional residential options and reduce the proliferation of similar office uses found in the

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

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


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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,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 ImpactStudy should be prepared to address traffic impacts of the proposed development at thefollowing 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 downstreamdischarge 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 callsfor 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 milebetween 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 estateholdings 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 andSLUP13-02. Should the petition beapproved, 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 variancesrequired, 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 shallnot rise above buildings containing residential units (SLUP13-01).

6. Exterior elevations of the multi-family buildings and associated parking decks shall beconstructed 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 abuilding 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 materialsso 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 bescreened 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 residentialdwellings 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 frontagesalong 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 aminimum 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 existingoutside 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 Driveb. 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 GeorgiaStormwater 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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John Hancock Life Insurance seeks SLUP for Ashford Dunwoody Rd. development

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