DEVELOPMENT DEPARTMENT STAFF REPORT DRESDEN HEIGHTS PHASE II DCI

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Gwendolyn Bryant
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DEVELOPMENT DEPARTMENT Meeting Date: January 10, 2019 Item #: PZ2019-393 Project Name: Applicant and Owner: Proposed Development: Requests: STAFF REPORT DRESDEN HEIGHTS PHASE II DCI

Development of Community Compact (DCI), eleven concurrent variances.

1 DEVELOPMENT DEPARTMENT Meeting Date: January 10, 2019 Item #: PZ Project Name: Applicant and Owner: Proposed Development: Requests: STAFF REPORT DRESDEN HEIGHTS PHASE II DCI Dresden Heights Phase II Dresden Capital Partners, LLC Development of Community Impact (DCI) to construct 24 stacked flat condominium units in two buildings. Development of Community Compact (DCI), eleven concurrent variances. Site Addresses: 3000, 3074, 3076, 3078, 3080, 3082, 3084, 3086, 3088, 3090, 3092, 3094, 3096, 3098, 3100, 3106, 3108, 3110, 3112, 3114, 3116, 3118, 3120, 3122, 3124 Quantum Lane Parcel Numbers: , 019, 020, 021, 022, 023, 024, 025, 026, 027, 028, 029, 030, 049, 050, 051, 052, 053, 054, 055, 056, 057, 058, 059, 060 Page 1 of 10

2 Current Zoning: Village Residential (VR) - This zoning district is intended primarily for singlefamily attached and detached residences, two-family residences, and multifamily residences with related accessory uses, supportive nonresidential uses, open space, and amenities. Staff Recommendation: District Standards: APPROVAL of DCI and six variances, DENIAL of five variances, and WITHDRAWAL of one variance VR Zoning District Standards (Feeder Street) FAR (max.) None Front Yard Setback (min.) None Impervious Surface (max.) 80% Rear Yard Setback (min.) None Open Space (min.) 20% Side Yard Setback (min.) None Building Height (max.) None Landscape Strip 10 ft Building Façade Height (min.) 24 ft Sidewalk Clear Zone 10 ft Lot Size (min.)/lot Width (min.) N/A Supplemental Zone 10 ft Current Use: Surrounding Land Uses: 24 undeveloped multi-family condominium parcels and common space, part of a partially finished overall development with existing condominium units. North Corridor Commercial (CC): Commercial business South CC: Hotel East Municipal boundary, I-85, unincorporated DeKalb County West CC: Gas station with convenience store; Neighborhood Residential 1 (NR-1): Single-family detached houses Future Development Map: The subject property is located within the Dresden/I-85 Corridor character area of the Future Development Map in the City of Chamblee Comprehensive Plan. The vision of the Dresden/I-85 Corridor character area is, Accessible and highly visible from I-85, this area will serve as an employment hub and southern gateway to the city. The area will contain a mixture of mediumdensity office space mixed with a variety housing types. The VR zoning district is an appropriate district for the Dresden/I-85 character area. Site Description: The proposed DCI includes the common parcel for the partially constructed Dresden Heights subdivision, along with 24 undeveloped condominium parcels. All of the subject condominium lots are under the same ownership. The entire 3.07-acre Dresden Heights subdivision currently contains three existing buildings on the south end of the site that include 36 condominiums. These existing condominium parcels are not part of this DCI application. The property slopes from the northwest corner to the east and southeast. The interior of the site contains two private streets: Heights Way and Quantum Lane. There is a single access point onto Dresden Drive, and a northbound deceleration lane on Dresden Drive leading into the Page 2 of 10

3 subdivision. There are street trees along Dresden Drive, but no sidewalk along the property frontage of Dresden Drive or Northeast Expressway. MARTA bus lines run past the property on both Dresden Drive and Northeast Expressway, but there is not a MARTA bus stop located along the property frontages. History of the Property The entirety of the Dresden Heights subdivision received a land disturbance from DeKalb County in 2002, and building permits were received in 2003 for phase I of the project, which consisted of 36 units in three buildings in the south section of the site. Those structures were built and the units were all sold. The property was annexed from DeKalb County into the City of Chamblee in The land disturbance permit issued by DeKalb County, which included the buildings in phase II of the development as proposed in this DCI and a sidewalk along Dresden Drive that was not constructed, has since expired and, per the DeKalb County zoning ordinance in place at the time of the issuance of the LDP and the current City of Chamblee UDO, the right to construct the remaining units and site features without compliance with the UDO is not vested. While existing legally nonconforming structures and site features on the site are grandfathered and may remain, new construction on the site must be in compliance with current Chamblee regulations. Description of Proposed Project: A summary of the project is as follows: - Construct two buildings containing a total of 24 stacked flat residential condominium units, to match the design and floor plans of the units in the three existing buildings on the south portion of the site. Twelve approximately 1,342-square-foot two-bedroom units and twelve approximately 1,831-square-foot three-bedroom units are proposed. The end units would vary somewhat in in size. Each unit will have one garage parking space and one driveway parking space. There will also be nine guest parking spaces on Quantum Lane. - Install sidewalks, landscape strips, street trees and pedestrian street lights, with some variation to the width of the landscape strip width and street light and street tree location, along the Dresden Drive frontage. - Remove the existing non-compliant wood fencing along Dresden Drive in front of the proposed buildings, leave the non-compliant wood fencing in place in front of the existing residential buildings, construct UDO-compliant fencing in front of the southernmost proposed building, and construct noncompliant wood fencing around the water quality area along Dresden Drive in front of the northernmost proposed building. The applicant has not proposed changes to the grandfathered non-compliant existing wood and chain-link fencing along Northeast Expressway. Page 3 of 10

4 The project qualifies as a Development of Community Impact (DCI). DCI applications require review and recommendation by the ARB, prior to a public hearing by Mayor and City Council. The purpose of the DCI shall be to: (1) Provide for unified approaches to the development of land; (2) Provide for the development of stable environments that are compatible with surrounding areas of the community; and (3) Provide for architectural review and approval for individual large-scale structures not subject to other legislative review. DCI Review and Approval Criteria: The following review and approval criteria, described in Sec , must be used in reviewing and taking action on all DCI applications: 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. The development is suitable in view of the use and development of nearby property. The subject properties make up the second phase of a multifamily project that was begun in the early 2000s when the properties were located in DeKalb County, prior to their annexation in The applicant seeks approval to construct Phase II in the same architectural style and with the same materials used in Phase I. The project also calls for adding sidewalk of the required width along the frontages of Phase I and Phase II, along with trees and street lights. 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 design elements of the project are consistently physically and aesthetically related to each other throughout the project and to those used for the buildings in phase one. 3. Design shall protect scenic views, particularly those of open space, and utilize natural features of the site. There are no scenic views to protect. The surrounding area is nearly fully developed. 4. Design shall protect adjacent properties from negative visual and functional impacts. Other than the proposed opaque six-foot-high wood fence along Dresden Drive along the northern portion of the site, no new elements that would create negative visual or functional impacts are proposed. The proposed structures are of appropriate scale, and are consistent with the Phase I buildings. Page 4 of 10

5 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 the immediate area, which consists of a hotel, a gas station with convenience store and detention pond, and a one-story commercial building. 6. All exterior forms, attached to buildings or not, shall be in conformity with, and secondary to, the building. All exterior forms, attached to buildings or not, appear to be in conformity with, and secondary to, the buildings. 7. The proposed development is suitable in view of the use and development of adjacent and nearby property. The proposed development is suitable in view of the use and development of adjacent and nearby property. 8. The proposed development does not adversely affect the existing use or usability of adjacent or nearby property. The proposed development does not adversely affect the existing use or usability of adjacent or nearby property. 9. The proposed development does not result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools. The proposed use is not expected to have an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. The project will contribute 24 new for-sale multifamily residential units. There is a deceleration right turn lane at the entrance of the project located on the east side of Dresden Drive. Staff has spoken with DeKalb County schools regarding the proposal, and the contribution of the 24 units to the school system would be minimal, however a report has not been received to date. 10. The proposed development is in conformance with the applicable zoning district. The proposed development consists of a use that is allowed in the VR zoning district. The applicant has requested variances from many of the supplemental regulations for multifamily development in order to build in the same style as the buildings in Phase I, which includes several features since disallowed by the UDO. 11. The proposed development is in conformance with the provisions of the future development plan articulated in the City s Comprehensive Plan. Page 5 of 10

6 The proposed development is generally in conformance with the provisions of the future development of the area articulated in the Comprehensive Plan. The development would help contribute to the vision of the character area to contain a variety of housing types (p.31). The Comprehensive Plan also calls for maintaining natural buffers along the interstate to reduce noise within the surrounding single-family residential neighborhoods. The subject site was cleared years ago, however the proposed buildings would add to the sound buffering between the interstate and neighborhood to the west, and there exists an opportunity for the property owner to plant more trees than what is shown in the plans in the area to the east of the proposed buildings. Applicant s Concurrent Variance Requests: The project requires approval of variances with respect to the requirements of the UDO. Per Sec of the UDO, concurrent review for variance applications may be filed with a DCI application. The applicant requests approval of concurrent variances from the following regulations of Titles 2 and 3 of the UDO: 1. Variance from Sec to not obtain sustainable certification for either building; 2. Variance from Sec (a)-(g) to vary the streetscape requirements along Dresden Drive to reduce the width of the landscape strip and eliminate the supplemental zone; 3. Variance from Sec (a)-(g) to not provide streetscape along Northeast Expressway and to not provide streetscape along the internal private streets; 4. Variance from (a)(1) to use cementitious fiberboard lap siding on both buildings over three stories, consistent with that shown on the elevations; 5. Variance from Sec (a)(2) to reduce the required fenestration on each building from the required 65% to the amount consistent with that shown on the elevations; 6. Variance from Sec (e) to not provide a heat reflective roof on either building; 7. Variance from Sec (g) to not provide direct sidewalk access from the ground floor units on either building; 8. Variance from Sec (a) to not use non-combustible materials for construction for either building; 9. Variance from Sec (b)(5)(b)(2) to not provide a primary entrance for the residential portion of the building to be clearly visible from the street and face the street for either building; 10. Variance from Sec (c)(1)(a) to allow a front yard fence to be taller than four feet in height in order to construct a fence six feet in height in the front yard; 11. Variance from Sec (c)(1)(b) to allow a fence in the front yard to be 100% opaque, in excess of the allowable 50%. After it was advertised, a 12 th variance requested by the applicant was determined by staff to not be necessary, and Staff has recommended its withdrawal: Page 6 of 10

7 12. Variance from Sec to provide parking in excess of 110% of the required parking spaces. Per the review and approval criteria found in Section (a), the Mayor and City Council may authorize variances from the provisions of the UDO only after making the following findings: a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; The exceptional conditions pertaining to the site have to do with the fact that the site work has already been done under DeKalb County s ordinances that were in place in the early 2000s when the land disturbance permit was issued. The private streets, stormwater infrastructure, and utilities have all been installed. Additionally, three multi-family residential buildings have already been built in the south section of the site. The site is also unusual in that it has two frontages, but due to severe changes in elevation from Dresden Drive to Northeast Expressway, the Northeast Expressway is functionally the rear of the property, rather than a true street frontage. b. The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship; The application of the zoning ordinance to the property would create an unnecessary hardship in regards to the provisions of the zoning ordinance regarding the installation of streetscape along Northeast Expressway, the installation of the full 7-foot wide landscape strip along Dresden Drive, and the supplemental zone along Dresden Drive. While bringing site features such as the six-foot-tall opaque wooden fencing between the existing buildings in phase one and Dresden Drive into compliance is not met with a topographical or physical hardship, the current owners and residents of those existing condominium units have an expectation that such features, which have been in place since the buildings were constructed in the early 2000 s, will remain. There are no hardships in regards to the variances from the regulations related to building materials and architecture. c. Such conditions are peculiar to the particular piece of property involved; It is unusual to find a site in this unique situation in the City where the land disturbance and utility installation has occurred, the land development permit has expired, and the property has been annexed. The topographical constraints of Northeast Expressway are peculiar to this site and a few surrounding sites. d. Such conditions are not the result of any actions of the property owner; or These conditions are not entirely the result of the current property owner. Market conditions and the timing of the annexation contributed to creation of the situation. Page 7 of 10

8 e. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. The overall proposal achieves many of the stated purposes of the UDO including, encouraging an aesthetically attractive environment, both built and natural, and to provide for regulations that protect and enhance these aesthetic considerations, encouraging economic development activities that provide desirable employment and enlarge the tax base, and protecting property against blight and depreciation. Relief, if granted, would not cause substantial detriment to the public good, nor impair the purposes or intent of the zoning ordinance for seven of the proposed variances. Because of existing, mature street trees along Dresden Drive, some variation in the required streetscape elements would not be a detriment to the public good, provided that the trees are maintained and negative impacts are mitigated by conditions of approval; Although a MARTA bus line does stop along Northeast Expressway, there is no pedestrian access between this street and properties between the nearest bus stop and the subject property. Bus passengers exiting at the nearest stop have pedestrian access to Dresden Drive, which provides the only access points to properties between this stop and the subject property; and The proposed architectural, materials, and access variances would allow for the project to be completed in a manner that is in harmony with the existing parts of the site. Regarding sustainable certification, the UDO states that the City is committed to minimizing the short-term and long-term negative impacts construction has on the environment, and, to benefit the community by having buildings constructed that are resource-efficient and conserve energy. The requirement to provide a heat reflective roof runs is similar in nature of its intent. Relief, if granted from these regulations, would impair these stated purposes and intents. The proposed fence variances could cause detriment to the public good by allowing new opaque fencing in excess of the allowable height along the Dresden Drive street frontage. The denial of these variances would require new fencing to meet current UDO standards while allowing legally nonconforming existing fencing to remain in place. Staff has recommended conditions of approval of the DCI requiring existing fencing in front of the proposed new buildings to be removed and replaced with fencing meeting UDO standards, as well as the removal of chain link fencing on site. Page 8 of 10

9 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 DCI application PZ , for a multi-family development, subject to the following conditions of approval: 1. The development shall be constructed in substantial conformity with EXHIBIT A: DCI Plan Book for Dresden Heights Phase II, dated received December 12, 2018, with revisions required by conditions of approval as reviewed and approved by the Planning & Development Director. 2. All non-compliant fencing between the proposed buildings and Dresden Drive shall be removed and replaced with fencing in compliance with the UDO. All new fencing on the site shall also meet UDO standards, unless additional fence variances are approved. Non-compliant wood fencing located between the existing residential structures and either street frontage may remain in place, but may not be made more non-conforming. 3. Non-compliant chain link fencing on the site shall be removed and replaced with fencing in compliance with the UDO. 4. The landscape strip along Dresden Drive south of the entrance to the subdivision shall not be reduced more than necessary to preserve the existing landscape trees and shall not be reduced to a width of less than one foot, and shall contain street lights at the spacing specified in the UDO. The streetscape north of the entrance shall meet UDO regulations. 5. All retaining walls located abutting the streetscape or supplemental zones along Dresden Drive shall be granite veneer masonry or granite rubble masonry. 6. Where space permits along the east property line between the proposed new structures and Northeast Expressway, the developer shall plant and maintain sound-buffering vegetation per the review and approval of the Planning and Development Director. Using the standards and criteria found in Chapter 280, of the UDO, Staff recommends APPROVAL of the following variance and waiver requests: 2. Variance from Sec (a)-(g) to vary the streetscape requirements along Dresden Drive to reduce the width of the landscape strip and eliminate the supplemental zone; 3. Variance from Sec (a)-(g) to not provide streetscape along Northeast Expressway and to not provide streetscape along the internal private streets. 4. Variance from (a)(1) to use cementitious fiberboard lap siding on both buildings over three stories, consistent with that shown on the elevations; 5. Variance from Sec (a)(2) to reduce the required fenestration on each building from the required 65% to the amount consistent with that shown on the elevations; 7. Variance from Sec (g) to not provide direct sidewalk access from the ground floor units on either building; Page 9 of 10

10 9. Variance from Sec (b)(5)(b)(2) to not provide a primary entrance for the residential portion of the building to be clearly visible from the street and face the street on either building; Using the standards and criteria found in Chapter 280 of the UDO, Staff recommends DENIAL of the following variance requests: 1. Variance from Sec to not obtain sustainable certification for either building; 6. Variance from Sec (e) to not provide a heat reflective roof on either building; 8. Variance from Sec (a) to not use non-combustible materials for construction on either building; 10. Variance from Sec (c)(1)(a) to allow a front yard fence to be taller than four feet in height in order to construct a fence six feet in height in the front yard; 11. Variance from Sec (c)(1)(b) to allow a fence in the front yard to be 100% opaque, in excess of the allowable 50%. Because it has been determined to be unnecessary for the construction of the proposed project, Staff recommends WITHDRAWAL of the following variance request: 12. Variance from Sec to provide parking in excess of 110% of the required parking spaces. ARB Recommendation: Due to the lack of a quorum, ARB did not meet in January 2019 and therefore did not issue a recommendation on this DCI. Per the UDO, this case moves on to Mayor & City Council review without an ARB recommendation. Attachments: Attachment 1 EXHIBIT A: DCI Plan Book for Dresden Heights Phase II, dated received December 12, 2018 Attachment 2 Application Attachment 3 Maps Page 10 of 10

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT DRESDEN DRIVE TOWNHOMES DCI

DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: September 13, 2018 Item #: PZ2018-319 STAFF REPORT DRESDEN DRIVE TOWNHOMES DCI Request: Project Name: Development of Community Compact (DCI) and six concurrent