DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT PUD/DCI BAINBRIDGE MIXED-USE DEVELOPMENT

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1 DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: October 12, 2017 Item #: _PZ _ STAFF REPORT PUD/DCI BAINBRIDGE MIXED-USE DEVELOPMENT Request: Project Name: Planned Unit Development (PUD)/ Development of Community Compact (DCI) Bainbridge Mixed-Use Development Site Addresses: 3077, 3081, 3071, 3063 and 3051 Clairmont Road Parcel Numbers: , 033, 034, 051 and 052 Applicant: Owners: Proposed Development: Current Zoning: Staff Recommendation: District Standards: The Bainbridge Companies, LLC c/o Kathryn Zickert Highwoods Realty Limited Partnership; Lowery Limited Liability Limited Partnership Mixed-use, residential and commercial development with 220 forrent apartment units and two for-rent live-work units, parking garage and accessory uses. Mixed-Use Business Center (MU-BC) - The Mixed-Use Business Center (MU-BC) zoning district is intended primarily to facilitate a high-rise urban form of development with a mix of uses, open space, and a connected street and sidewalk system to support a more active multi-modal and walkable environment at all times of the day. APPROVAL with conditions in part, and DENIAL in part MU-BC Zoning District Standards FAR (Max.) 8.0 Lot width (Min.) N/A Impervious Surface (Max.) 80% Front Yard Setback (Min.) 20 ft Open Space (Min.) 15% Rear Yard Setback (Min.) 20 ft Building Height (Min./Max.) 24 ft/ 120 ft Side Yard Setback (Min.) 0 ft Lot Size (Min.) N/A Landscape Zone/ Sidewalk Zone 10 ft/ 10 ft Page 1 of 10

2 Current Use: Surrounding Land Uses: Vacant and undeveloped commercial lots, with some structures formerly occupied for commercial office uses. West City of Brookhaven, Ivy Place Apartments East MU-BC, Commercial high-rise office, Century Center North MU-BC, Commercial mid-rise office, Clairmont Place South MU-BC, Commercial low-rise office, Century Lake Future Development Map: The subject property is within the Century Center Office Park character area of the Future Development Map in the City of Chamblee Comprehensive Plan. The vision for the Century Center Office Park character area is: A high-density and mixed-use node that serves as a regional attraction and strong employment center for the city and the greater Atlanta Region. The MU-BC Zoning district, the current zoning district of the property, is an authorized district in this character area. Key Policies and Implementation Measures in the Century Center Office Park Character Area are: Support the redevelopment of higher density office space and mixed-use through the creation of a new High Rise Office zoning district. Plan for and invest in pedestrian and bicycle linkages to the area from the surrounding neighborhood. Create a monument gateway at the Clairmont Road / I-85 intersection to welcome visitors to the city. Site Description: The subject property consists of five individual, contiguous lots totaling approximately 2.97 acres. All five lots are zoned MU-BC, and all have street frontage on Clairmont Road. The northern-most lot is owned by Highwoods Realty Limited Partnership and is undeveloped. The lot is nearly completely covered in vegetation and mature tree cover. The four other lots are owned by Lowery Liability Limited Partnership. The two southernmost lots contain vacant onestory structures and accessory structures formerly used for commercial purposes. The lots appear to have been vacant for a while. The structures are in poor condition. The property slopes from the northwest corner to the east and southeast, and features some difficult topography throughout. There is an open stream channel on the site between two headwalls where the stream is channeled underground. There are several stormwater pipes on the subject property that empty any into various places on-site and into the open channel. The open channel is classified as a stream, per the UDO, and is therefore subject to the City s stream buffer regulations. Page 2 of 10

3 Although the property appears to be a corner lot, it is not. The property has public street frontage on Clairmont Road only. There is a named driveway, Century Place, which runs along the north lot of the property. It is a private driveway located on the Clairmont Place office building property, which provides access to that site and to the commercial properties behind it. Century Place has a street sign, but is neither a public street nor private street. It is a private driveway that has access easements for use by others. The Chamblee and Brookhaven boundary line is located on the east side of Clairmont Road. The subject property is located entirely in Chamblee, and the right-of-way is located in Brookhaven. Additionally, this section of Clairmont Road is a State Route, and is therefore subject to review and approval by the Georgia Department of Transportation (GDOT). There is an existing MARTA bus stop and shelter located on the site. Any change in the location or configuration of the MARTA facilities will require MARTA approval. Site History: There are no previous zoning cases for the property. The existing structures were constructed in 1954 and 1955, according to DeKalb County records. Staff has examined historical documents and aerial imagery, and development on the lots appears to be unchanged over the period. Description of Proposed Project: The applicant proposes to combine the five lots into one approximately 2.97 acre lot and construct a four-story, mixed-use development with a parking deck. The development will include 220 multi-family apartment units, 9,560 square feet of retail/restaurant space and two live-work units that are 1,200 square feet each. The residential and commercial structure will be Type V construction and the parking deck will be pre-cast concrete. The proposed maximum height of the structure is 70 feet from grade. The development will include an approximately 3,027 square foot amenity area, an approximately 1,566 square foot club room, an approximately 5,000 square foot court yard, a cabana area with a large swimming pool, a leasing office and plaza areas in front of the commercial/retail spaces on the frontage. The required landscape strips, sidewalks, street trees and pedestrian lights will be installed along Clairmont Road in compliance with the UDO. The stream poses a challenge for the development of the site, and may be why the property is in its current state. The applicant proposes to pipe and re-route the stream. Before applying for a development permit, following PUD and DCI approval by City Council the applicant will need to obtain approvals from the Federal government and a 25-foot stream buffer variance from the State to pipe the stream, then come back to City Council to receive variances from the City s 50-foot non-disturbance and 75-foot stream no-impervious surface buffers. The project will Page 3 of 10

4 require GDOT review and approval for the proposed project access improvements and for all work that will be done in the right-of-way. The applicant has submitted a Master Signage Plan for all proposed signage on the site. Applicant s Request: The project qualifies as both a PUD, two or more new or existing principal buildings to be constructed on a tract or several tracts of land of at least two acres, and a DCI, a development that is greater than 50,000 square feet of any use except that of single-family detached residential. When a development qualifies as both a DCI and a PUD, the applications may be combined. The applicant requests approval of a PUD and DCI with the following associated variances and waivers from the requirements of the UDO. Variance from Sec (a)(7) for a retaining wall adjacent to a sidewalk to be exceed 2 feet in height; Variance from Sec (a)(5)(a) to not provide a 24 square foot lockable private storage space for each unit; Variance from Sec (a)(5)(e) from the requirement that each unit have a balcony of at least 50 square feet; Variance from Sec (a)(6)(a) to allow live-work units to not be owner-occupied; Variance from Sec (a) to allow a reduction in the required parking per dwelling unit in a mixed-use development from 2 spaces to 1.5 spaces and to allow 1 parking spaces per 150 square feet of gross of the total nonresidential component. Waiver from Section 340-7(e)(1) for a building three or more stories in height to not be constructed of concrete and steel framing materials. General Standards for Approval: PUD and DCI applications may be approved subject to such conditions as may be imposed in order to mitigate impacts which may be expected without the imposition of conditions. The following general standards described in Section (c)(3) of the UDO shall be considered in determining whether the planned unit development shall be approved. 1. Is the proposed development suitable in view of the use and development of adjacent and nearby property? The development is suitable in view the use and development of nearby property. The property is surrounded by various intensities of commercial office uses to the immediate north, south and east, and multi-family apartments to the west. The character area and MU-BC primarily contains a mix of low-, mid- and high-rise buildings and sprawling two-story multi-family apartment developments. Density in this district and character area is encouraged, hence the Floor Area Ratio maximum of 8.0. Developments such as this are ideally sited within walking Page 4 of 10

5 distance of a transit station, however, the site is appropriate given its proximity to the many office buildings within walking distance, the proximity to Interstate-85, the nearby PATH trails that are in the construction phase and will eventually connect to the Beltline, and having a MARTA sheltered MARTA stop in front of the building. As nearby sites redevelop, they too will develop a walkable, pleasant streetscape with 10 foot wide sidewalks buffered by a landscape strip a minimum of 10 feet wide and streetscape to provide buffering from moving vehicles. 2. Does the proposed development adversely affect the existing use or usability of adjacent or nearby property? The proposed development proposal does not adversely affect the existing use and usability of adjacent or nearby property. The proposed development is compatible with the surrounding uses, which consist of office and multi-family residential uses. The height and location of the structure is appropriate for the area, which includes mid-rise and high-rise office buildings in the office park to the north and east, low-rise office to the south and a sprawling two-story multifamily apartment complex across Clairmont Road to the west. 3. Does the proposed development result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? School enrollment will be affected by this proposal. DeKalb County Schools has received the proposal and is preparing a report on the projected impact the development will have on the school system. This report will include the projected number of enrolled students that the project will generate over multiple years. 4. Are there other existing or changing conditions which, because of their impact on the public health, safety, morality and general welfare of the community give supporting grounds for either the approval or disapproval of the proposed development? There is a general economic and demographic trend in the nation in recent years that has caused more households to shift from owner-occupied single-family residential property to rental apartments, townhouses and condominiums. These trends have stimulated demand for multi-family and attached single-family housing. New residential developments are currently occurring in the area. A 37-unit for-sale townhome development is in the building construction phase at the corner of Clairmont Rd and McJenkin Dr. just 0.15 miles to the north. The planned Peachtree Creek Greenway Trail will cross Clairmont Rd just 0.30 miles to the south of the site. The Peachtree Creek Greenway Trail will be a 12-mile linear multi-use path that starts in Doraville, traverses Chamblee, Brookhaven and DeKalb County and connects to the Beltline. Proximity to the trail is a supporting factor for approval of the proposed development. Page 5 of 10

6 Policies and Standards: The following review of six policies and standards described in Section 280-3(c)(2) of the UDO is required for the staff and the Architectural Review Board to make a recommendation to City Council to approve, approve with conditions, or deny the application: 1. Design shall be in harmony with the general character of the neighborhood and surrounding area, considering factors such as mass, placement, height, changing land use patterns, and consistency of exterior architectural treatment, especially in areas of historic and special design interest. This would be the first project of its kind in the Century Center area, and the only one in the City of Chamblee that is not located within a half-mile of the Chamblee MARTA rail station. The area is not an area of historic and special design interest. The massing of the building is aesthetically appropriate in consideration of the surrounding area. The height is appropriate, as the area contains a mix of low-, mid-, and high-rise commercial buildings, two and three-story apartment complexes, and three-story townhomes that are under construction. The architectural treatment of the building is somewhat out of character for the area on the rear, east façade, where there is a noticeable lack in brick or masonry materials. 2. Design components shall be planned such that they are physically and aesthetically related and coordinated with other elements of the project and surrounding environment to ensure visual continuity of design. The only proposed structures are the mixed-use building and the parking deck. To provide an attractive development, the project should include all recommended design elements found in the UDO, in addition to meeting those design elements which are required by the UDO. The exterior of the building should include 75 percent brick or stone masonry materials. The building would be highly visible from all directions because all existing tree cover, which consists of many mature canopy trees, will be removed when the site is razed and cleared, and will be significantly reduced due to the plan to provide few new trees on the perimeter of the site. 3. Design shall protect scenic views, particularly those of open space, and utilize natural features of the site. The proposed development does not accomplish this. There is a significant amount of wrested vegetation and established buffer area around the open stream channel on the site. The project involves piping this channel and placing it underground. The sections of the stream that come into and go out of the site are already underground. However, the site includes several structures that are currently in disrepair and could be considered visual blight. The removal of these structures would improve the appearance of the area. 4. Design shall protect adjacent properties from negative visual and functional impacts. The applicant proposes to remove all existing trees from the site. 21 new trees will be installed, most of which will serve as street trees along the frontage and along the private drive to the Page 6 of 10

7 north. There will be no trees installed along the east or south lot lines. This is, however, very typical of urban developments. There is an opportunity here for the development to have some natural vegetative screening by preserving some trees along the south and rear lot lines. Staff recognizes that the property is not very deep for its acreage, and that this poses difficulties for preserving trees on the site, particularly to the east between the high-rise buildings. There is possibly more opportunity for the site to retain a buffer of existing trees along the south lot line to buffer from the low-rise office complex there. Some trees would remain between the properties if the site is developed as proposed, however, those trees would not be on the applicant s site, and could therefore be removed by the owner of the adjacent property at any time unless a stream buffer prevents it, however, because the applicant will be piping the open channel, there will not be any stream buffer near the site. 5. Design shall respect the historical character of the immediate area as integral parts of community life in the city and shall protect and preserve structures and spaces which provide a significant link within these areas. There is no significant historical character to preserve in this area. The area has been developed over the past fifty years with commercial office buildings, hotels, and sprawling apartment complexes in close proximity to Interstate 85. There is a lack of connectivity amongst the commercial sites to the east, and a lack of pedestrian amenities and safe pedestrian crossing points on Clairmont Rd. Clairmont Rd in this area is currently vehicle-centric, with multiple wide travel lanes and few signalized intersections so as to allow movement vehicles to and from the Interstate as quickly as possible. This could change however, as the properties along this corridor redevelop. 6. All exterior forms, attached to buildings or not, shall be in conformity with, and secondary to, the building. The only proposed structures are the mixed-use building and the parking deck. All exterior forms will be in conformity with and secondary to the building. Assessment of requests for concurrent approval of variances and waivers: The project requires approval of variances with respect to the requirements of the UDO and the following review and approval criteria described in Section (b)(2): a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; b. The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship; c. Such conditions are peculiar to the particular piece of property involved; d. Such conditions are not the result of any actions of the property owner; and e. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. Page 7 of 10

8 Variance from Sec (a)(7) for a retaining wall adjacent to a sidewalk to be exceed 2 feet in height; The development of the site with large plazas and inviting storefronts, as well as installation of the required streetscape, necessitates a variance to allow retaining walls greater than two feet in height along the sidewalk. The exact height of the walls is yet to be determined, as is common at this stage of development. Variance from Sec (a)(5)(a) to not provide a 24 square foot lockable private storage space for each unit; City Council recently reviewed and tabled a vote on a code amendment to remove this requirement from the UDO, and leave the option of providing on-site storage lockers up to the developer. Staff supports this request. There is a hardship given the configuration of the lot and the required minimum apartment unit sizes. Variance from Sec (a)(5)(e) from the requirement that each unit have a balcony of at least 50 square feet; The applicant proposes to provide balconies of various dimensions, some of which will be less than 50 square feet in width, and to install Juliet balconies on some units. The property is a tight site for such a development, but is workable. The strict application of the code presents a hardship given the configuration of the lot. Variance from Sec (a)(6)(a) to allow live-work units not to be owner-occupied; There are no extraordinary or peculiar conditions unique to the site. The site is essentially undeveloped. The applicant is proposing to grade the site and construct a new structure. There are multiple options for the applicant to utilize these two spaces in compliance with the UDO. The spaces could be commercial, retail or restaurant uses by right. Any conditions used to justify the need for a variance are the result of the applicant. There is no hardship. Variance from Sec (a) to allow a reduction in the required parking per dwelling unit in a mixed-use development from 2 spaces to 1.5 spaces and to allow 1 parking spaces per 150 square feet of gross of the total nonresidential component. The required minimum parking ratio for multi-family uses is 1.5 spaces per unit. The required minimum ratio for multifamily units in mixed-use developments, however is 2 parking spaces per dwelling. To provide two parking spaces per dwelling unit in addition to the required number of parking spaces for the commercial/retail uses presents a hardship given the size of the site and the applicant s desire to construct a viable development that will work on the site. The project requires approval of waivers with respect to the requirements of the UDO, and only in situations as described in Section , where, because of severe topographical or other Page 8 of 10

9 conditions peculiar to the site, strict adherence to the provisions of Title 3 of the UDO would cause an unnecessary hardship that is not caused by the owner, the Mayor and City Council may, after considering the written recommendation of the Development Director, authorize a waiver from the terms of Title 3 only to the extent that is absolutely necessary and not to an extent which would violate the intent of Title 3. Waiver from Sec (e)(1) for a building three or more stories in height to not be constructed of concrete and steel framing materials. The applicant has not demonstrated that there are topographical or other conditions peculiar to the site that would cause there to be an unnecessary hardship not caused by the owner. Staff did not identify a hardship, per the requirements of Section Staff Recommendation: Based on the analysis of this application, using the standards and criteria found in Chapter 280 of the UDO, staff recommends APPROVAL of the PUD/DCI application PZ with the following exhibits, conditions, and variances EXHIBIT A: Plan book for the Bainbridge Companies proposal, dated August 31, EXHIBIT B: Master Signage Plan, dated received September 19, Development shall be in substantial conformity with Exhibit A, Plan book for the Bainbridge Companies proposal, dated August 31, 2017, and Exhibit B Master Signage Plan dated received September 19, Prior to approval of a land disturbance permit, the applicant shall record a Combination Plat approved by the City of Chamblee in DeKalb Superior Court. 3. The exterior of the building shall include 75 percent brick or stone masonry materials. 4. A 10 wide landscape strip, planted to buffer standards, shall be provided along the east property line. 5. All approvals from state and federal agencies related to the existing stream shall be secured prior to request of a city stream buffer variance. 6. The proposed live-work units shall be removed and replaced with commercial or office uses. 7. A Variance is granted from Section (a)(7) for a retaining wall adjacent to a sidewalk to be exceed 2 feet in height. 8. A Variance is granted from Section (a)(5)(a) to not provide a 24 square foot lockable private storage space for each unit. 9. A Variance is granted from Section (a)(5)(e) from the requirement that each unit have a balcony of at least 50 square feet. 10. A Variance is granted from Sec (a) to allow a reduction in the required parking per dwelling unit in a mixed-use development from 2 spaces to 1.5 spaces and to allow 1 parking spaces per 150 square feet of gross of the total nonresidential component. Page 9 of 10

10 Staff recommends DENIAL of the following variance and waiver request: 1. A Variance from Sec (a)(6)(a) to allow live-work units to not be owner-occupied; 2. A Waiver from Section 340-7(e)(1) for a building three or more stories in height to not be constructed of concrete and steel framing materials. Attachments: Attachment 1 Plan book for the Bainbridge Companies proposal, dated August 31, (EXHIBIT A) Attachment 2 Master Signage Plan, dated received September 19, 2017 (EXHIBIT B) Attachment 3 Application & Letter of Intent Attachment 4 Location Maps Page 10 of 10

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