DeKalb County Department of Planning & Sustainability · 2019-12-16 · DeKalb County Department of Planning & Sustainability Pla nning Commission Hearing Date: November 1, 2016,

DeKalb County Department of Planning & Sustainability

Planning Commission Hearing Date: November 1, 2016, 6:30 P.M. Board of Commissioners Hearing Date: November 17, 2016, 6:30 P.M.

STAFF ANALYSIS

Prepared 10/24/2016 by: MLF/MS/ME Page 1 Z-16-20971/N. 1

Lee May Interim Chief Executive Officer

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

(404) 371-2155 / [email protected]

Case No.: Z-16-20971 Agenda #: N. 1

Location/Address: The northwest side of Lavista Road, approximately 902 feet north of North Druid Hills Road at 2312 and 2320 Lavista Road in Atlanta, Georgia.

Commission District: 2 Super District: 6

Parcel ID(s): 18-111-05-008, 18-151-04-035

Request: To rezone property from R-100 (Single-Family Residential) to RSM (Residential Small Lot Mix) to allow a 23-unit development of urban single-family detached homes at a density of 5 units per acre.

Property Owner(s): Roei and Ashley Bachar, and Judith E. Lipis

Applicant/Agent: Edge City Properties, Inc.

Acreage: 4.58 acres

Existing Land Use: Single-family residential

Surrounding Properties: To the north, northeast, east, and southeast: single-family residential; to the south and southwest, multifamily residential and commercial; to the west and northwest: single-family residential.

Adjacent Zoning: Comprehensive Plan:

North: R-100 South: MR-2 East: RSM West: R-100 Northeast: RSM Northwest: R-100 Southeast: R-100 & C-1 Southwest: MR-2 Suburban Consistent Inconsistent

Proposed Density: 5 units per acre Existing Density: .44 units per acre

Proposed Units: 23 Existing Units: 2

Proposed Lot Coverage: maximum 70% Existing Lot Coverage: (estimate) 10%

Zoning History:

Based on DeKalb County records, it appears that the R-85 zoning of the property has not changed since adoption of the first zoning ordinance and map in 1956.

X


PROJECT ANALYSIS

The subject property is a 4.58-acre site located on the northwest side of Lavista Road, approximately 233 feet west of North Amanda Circle. The property consists of two lots, zoned R-100, each developed with a single-family house. Topography of the project site slopes steeply downward from Lavista Road, and then rises moderately towards the rear of the property. Southfork Creek and its 75-foot stream buffer are located along the eastern boundary of the site. The stream buffer is heavily wooded and there are mature trees throughout the project site.

The character of the area that surrounds the subject property is residential, although the property is located approximately 1,000 feet northeast of a Town Center that contains the Toco Hills and the Toco Hills Promenade shopping centers. The Kenco Apartment Homes development, which is zoned MR-2 and has a density of approximately 25 units per acre, is located on the adjoining property to the southwest, within the Town Center. Single family homes are located to the northwest, north, northeast, and east. The homes to the northwest, north, and northeast are part of the Fama Pines Residential Infill Overlay District. This neighborhood, like most of the neighborhoods to the north of the subject property, is zoned R-100. A nine-lot subdivision, zoned RSM, is located to the east around the Miles Lane cul-de-sac. The applicant proposes to demolish the two single-family dwellings on the project site and construct 23 single-family detached homes. Access for the development would be provided via and internal private drive from Lavista Road. The proposed homes would be a maximum of 35 feet high and would have a minimum of 1,000 square feet of floor area. Sidewalks are proposed along the Lavista Road frontage and along the private drive, although the applicant has indicated that a variance might be requested to remove the sidewalk and trees from the portion of Private Drive A along which houses are not proposed. The base density in the RSM district is four units per acre. The applicant is proposing a density of 5 units per acre through the use of the following bonuses:

20% bonus for proximity to shopping = 0.8 add’l. unit

20% bonus for sidewalks beyond the project site = 0.8 add’l. unit Total 1.6 add’l. units = 4 + 1.6 = 5.62 (5 units/acre proposed)

Access and Transportation Considerations: Proposed access to the development is via one curb cut from Lavista Road. Lavista Road is a two-lane major thoroughfare that curves sharply along the front of the project site. For a 2013 proposal on the same property, the Georgia Department of Transportation recommended a left turn lane and a right-turn deceleration lane to improve ingress to the development. The applicant has included these roadway improvements in the proposal. Staff recommends that the road improvements be constructed prior to the issuance of any building permits, to ensure adequate traffic safety.

A homeowners’ association must be established to maintain the proposed private drive.

LAND USE AND ZONING ANALYSIS Section 27-832 of the Zoning Ordinance, “Standards and factors governing review of proposed amendments to the official zoning map” states that the following standards and factors shall govern the review of all proposed amendments to the zoning maps. A. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan:

The zoning proposal is consistent with the following policies and strategies of the 2025 Comprehensive Plan: “Protect stable neighborhoods from incompatible development that could alter established residential development patterns and density.” (SCAP1), “Ensure that new development and redevelopment is compatible


with existing residential areas.” (LUP6), and “In areas adjacent to Activity Centers, require the transition of higher densities/intensities within Activity Centers, and abide by the delineated Activity Center boundary.” (SCAS2)

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

and nearby properties:

At 5 units per acre, the proposed density of the development is an appropriate transition between the MR-2 property to the west, which is developed with multifamily residential buildings at 25 units per acre, and the R-SM single-family properties to the east, which are developed with single-family detached homes at a density of 3.1 units per acre.

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

It appears that the property to be affected by the zoning proposal has a reasonable economic use as currently zoned since it is developed with two occupied single-family residential homes.

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

The zoning proposal will not adversely affect the existing use or usability of adjacent or nearby properties. The proposed single-family homes are compatible with the single-family homes on adjoining properties to the north and east. The mature trees in the 75-foot stream buffer along the eastern portion of the site will screen the proposed development from the single-family homes to the east.

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 property is located at the edge of the Town Center Activity Center, which allows up to 60 units per acre. An increase in residential density on the subject property is appropriate to help sustain the Activity Center and to enable new residents to find goods and services within a convenient distance from their homes.

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

There are no historic buildings, sites, districts, or archaeological resources on or near the subject property.

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:

The Department of Public Works Traffic Engineering Division has commented that the proposed development would not interrupt traffic flow on surrounding streets. The School Board has commented that the development is estimated to cause overcrowding an Henderson Middle School by one student and at Lakeside High School by two students.

H. Whether the zoning proposal adversely impacts the environment or surrounding natural resources:

There has been no indication that the proposed development would impact the natural environment or surrounding natural resources any more than what is typical for residential redevelopment of a site at an increased density.


Compliance with District Standards: Note: The development is subject to sketch plat subdivision requirements.

RSM STANDARD REQUIRED/ALLOWED PROVIDED/PROPOSED COMPLIANCE

MAX. D.U.s/ACRE Base: 4; with bonuses: up to 8 d.u.s/acre

(4 + 1.6 bonus units = 5.6 allowed)

5.2 d.u.s/acre

Yes

DENSITY BONUSES Site is w/in ¼ mile to gymnasium - 20% bonus

Off-site improvements – 20% bonus

Site is w/in 1,500 ft. walking distance L.A. Fitness Gym= .8 unit

Sidewalk connection to Kenco Homes will be provided

Yes

Yes

MIN. OPEN SPACE /ENHANCED OPEN SPACE (Applicable if project is > 5 ac. or > 36 d.u.s)

Not required. N.A. N.A.

MIN. LOT AREA 1,350 sq. ft. 3,737 sq. ft. – 5,993 sq. ft. Yes

MIN. LOT WIDTH 25 ft. 37 – 40 ft. Yes

MAX. LOT COVERAGE (of total parcel acreage)

70% 66% Yes

FRONT (Lavista): Min. 20 ft.; max. 30 ft.; (Private Drive w/out alley access): 20 ft; (Private Drive w/alley access): 10 ft.

(Lavista) 20 feet; (Private Drive w/out alley access): 20 ft; (Private Drive w/alley access): 10 ft.

Yes

INTERIOR SIDE 0 feet 3.5 ft. Yes

REAR W/O ALLEY 20 feet 20 – 42 feet Yes

REAR W/ALLEY (Units 1-8)

10 feet 20 Yes

BUILDING SPACING Min. 3 ft. or as per ICC Code 7 ft. as per ICC Code and 10 ft. (units 5-8)

Yes

MINIMUM UNIT SIZE 1,100 s.f 1,000 s.f. Yes

MAX. BLDG. HEIGHT 3 stories or 45 ft. Up to 35 ft. Yes

MIN. STREETSCAPE DIMENSIONS - PROPERTY FRONTAGE

5-ft. landscape strip and 5-ft. sidewalk on each side, and street trees 50 ft. on center/for every unit

5-ft. landscape strip and 5-ft. sidewalk on each side, and street trees 50 ft. on center

Yes

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RSM STANDARD REQUIRED/ALLOWED PROVIDED/PROPOSED COMPLIANCE

MIN. STREETSCAPE DIMENSIONS - PRIVATE DRIVES

5-ft. landscape strip and 5-ft. sidewalk on each side; street trees for every unit

5-ft. landscape strip and 5-ft. sidewalk on each side; street trees for every unit

Yes, although the applicant might seek a variance to remove the streetscaping from a portion of Private Drive “A”.

TRANSITIONAL BUFFERS 20-ft. buffer & screening fence are required along north and northwest property lines next to R-100 properties.

20-foot buffers & screening fence

Yes

PARKING Urban s-f detached – min. 2, max.

4 spaces per unit = 92 spaces

52 spaces (2 spaces/unit + 6 guest parking spaces)

Yes

STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS

The property is located at the edge of a Town Center Activity Center, which allows up to 60 units per acre. The immediately adjoining property is zoned MR-2 and was built out with a density of 25 units per acre. An increase in residential density on the subject property from .44 units per acre to 5 units per acre is consistent with County policies to sustain the Activity Center by having residential land uses within convenient distances to goods and services. The zoning proposal is consistent with the following policies and strategies of the 2025 Comprehensive Plan: “Protect stable neighborhoods from incompatible development that could alter established residential development patterns and density.” (SCAP1), “Ensure that new development and redevelopment is compatible with existing residential areas.” (LUP6), and “In areas adjacent to Activity Centers, require the transition of higher densities/intensities within Activity Centers, and abide by the delineated Activity Center boundary.” (SCAS2) The zoning proposal will not adversely affect the existing use or usability of adjacent or nearby properties. Therefore, the Department of Planning and Sustainability recommends “Approval” with the following conditions: 1. The development shall be substantially similar to the site plan titled “Site Plan for Lavista Road Tract”, prepared

by Abbot Concepts and Design, dated June 6, 2016 and revised 8/18/16, 9/26/16, and 10/12/16, subject to sketch plat approval.

2. The development shall contain a maximum of 23 single-family detached units and a maximum density of five units per acre, resulting from the use of density bonuses.

3. The developer shall extend the sidewalk on Lavista Road beyond the property frontage to the driveway entrance for the Kenco Apartment Homes development on the adjoining property to the southwest.

4. The approval of this rezoning application by the Board of Commissioners has no bearing on other approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the merits of the application before said authority.

Attachments: 1. Department and Division Comments 2. Board of Health Comments 3. Board of Education Comments 4. Application


5. Site Plan 6. Zoning Map 7. Land Use Plan Map 8. Aerial Photograph 9. 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 or residential space and for use of

property for a business. Floor plans may be required for certain types of occupants.)

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

“administratively”; no public hearing required.)

Sketch 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.

DETAILS OF MATERIALS

FOR THE REZONING APPLICATION OF

EDGE CITY PROPERTIES, INC.

The Applicant is confirming the project shall be compliant with Article 5 of the

Zoning Ordinance.

Pursuit to Section 5.7.4 the exterior building materials used will be a combination

of brick masonry, stone masonry and cement wood or fiber cement siding. In

addition, accents might include hard coat stucco and fiber cement shingles.

N. 1 Z-16-20971 Site Plan

N. 1 Z-16-20971 Zoning Map

N. 1 Z-16-20971 Land Use Map

SUB (Suburban)

SUB (Suburban)

TC (Town Center)

N. 1 Z-16-20971 Aerial Photo

Kenco Apartment Homes

N. A

man

da

Cir

cle

Miles Lane

N. 1 Z-16-20971 Site Photos

Subject Property, viewed from northeast Subject Property, viewed from southwest

Subject Property Subject Property

Documents

DeKalb County Department of Planning & Sustainability · 2019-12-16 · DeKalb County Department of Planning & Sustainability Pla nning Commission Hearing Date: November 1, 2016,