DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT DCI ATTIVA MALONE

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1 DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: June 15, 2017 Item #: _PZ _ STAFF REPORT DCI ATTIVA MALONE Request: Major Modification to an Approved DCI Site Address: 5251 Peachtree Blvd. Project Name: Attiva Malone, FKA The Malone on Peachtree Parcel Number: Applicant: Cortland Partners Representative: Josh Haywood Proposed Development: Mixed-Use Development Current Zoning: Transit Oriented Development (TOD) Staff Recommendation: APPROVAL with conditions The Transit Oriented Development (TOD) zoning district is intended to support mixed-use development that promotes higher density development within walking distance of the Chamblee MARTA station. This district provides a location for residences, retail, goods and services and offices with design standards and design parameters to encourage a pedestrian-friendly traditional urban form, oriented to a network of pedestrian and bicycle pathways to the MARTA station. The district is intended to minimize automobile use and maximize the use of public transportation, bicycle, and pedestrian access within the city. District Standards: TOD Zoning District Standards* FAR (Maximum) 6.0 Rear Yard (Minimum) 20 ft. Impervious Surface (Maximum) 80% Side Yard - Interior (Minimum) 0 ft. Open Space (Minimum) 20% Side Yard Malone Dr. (Minimum) 13.3 ft. Building Height (Min./Max.) 24 ft./ 90 ft. Floor-to-ceiling Height (Minimum) 18 ft. Lot Size / Lot width (Minimum) N/A; N/A Landscape Zone/Sidewalk Zone: Front Yard: Peachtree Blvd. 20 ft. - Peachtree Blvd. (Boulevard) - Malone Dr. (Secondary) 10 / 10 7 / 8 Regular City Council Meeting: 6/20/ of 13

2 Current Use: Surrounding Land Uses: The property contains a vacant office/warehouse building. It most recently was occupied by Adrenaline Fitness. West TOD, Future Mixed-Use Development (SLX Atlanta) East TOD, Multi-family residential rental units (Miller Station) North VC, Village Commercial, Volvo vehicle sales and service South TOD, Comcast service and distribution center Future Development Map: The subject property is within the Mid-City Character Area of the Future Development Map in the City of Chamblee Comprehensive Plan. The Vision for the Mid-City Character Area is: Centered around the Chamblee MARTA Station, this area will support transit oriented lifestyles with associated housing, services, and employment. The TOD Zoning district is an authorized district in this character area. Key Policies and Implementation Measures in the Mid-City Character Area include: Improve pedestrian connections to the MARTA station through the maintenance of and investment in streetscape elements such as sidewalks, fountains, and parks/green space. Undertake a parking study for the district and investigate the potential of additional public parking. Develop a regional detention area and community space on MARTA owned property located between Chamblee Tucker Road or Malone Drive. Work with MARTA to incorporate mapping and way-finding within the station and at bus stops, and prototype bus shelters to enhance the character of the area. Provide safe and convenient access to future Chamblee Rail Trail Extension Seek high quality development adjacent to the MARTA station. Site Description: The site consists of a single lot that is 2.99 acres in size. The site has prominent frontage on Peachtree Boulevard at the intersection with Malone Drive. Malone Drive leads directly to the entrance of the Chamblee MARTA Station to the east, a distance of just over 1,200 feet. The site currently contains two adjoined one-story buildings: a 33,590 sq. ft. metal building, and a 13,851 sq. ft. brick building. The total combined floor area of the buildings is 47,441 sq. ft. There are existing surface parking lots on the south and west sides of the building, which are from a single curb cut on Malone Drive. The buildings are currently unoccupied. Site History: The property was platted in the 1950 s. The metal building that exists today was built in 1958 by the Upjohn Phizer Company, originally for offices and warehouse/distribution uses. The brick building was added in The building was used as office and warehouse until the mid-2000 s. Adrenaline Fitness moved in 2008 and occupied the site from then until earlier this year. Regular City Council Meeting: 6/20/ of 13

3 On April 19, 2016, City Council approved a Development of Community Impact (DCI), for the site in zoning case 2016DCI-01. A DCI is required for a project involving a single building with more than 50,000 square feet. The applicant was Parkside Development Group, LLC. The project consisted of a sixstory mixed use building and parking deck. The total height of that development was proposed to be approximately 80 ft., and contain 477,509 sq. ft. of occupied space (not including the parking deck), for a Floor Area Ratio (FAR) of That project called for a total of 205 apartment units, 22,200 sq. ft. of commercial/retail space, 2,500 sq. ft. of restaurant space, a 4,000 sq. ft. leasing center, and 504 parking spaces. The entire ground floor consisted of non-residential space and retail parking. Access was proposed to be from a single curb cut on Malone Drive, and on-street parking on Malone Drive was also proposed. The east side of the proposed building provided for a north-south spur of the Chamblee Rail-Trail that could be connected later behind Comcast and the DeKalb Senior Center. Floor plans featured studio, one-bedroom, and two-bedroom apartment units arranged around a central open courtyard with a swimming pool and landscaping, and the top level of the parking deck included storage cubicles and an amenity area including landscaping, a fireplace, barbecue pit, trellis and a bocce court. The building exterior materials were brick veneer, limestone veneer and stucco, with metal awnings used above the ground floor spaces. All residential units were proposed to have recessed balconies. The project proposed to adhere to all UDO standards except for the stepping back of the building façade at a certain height, and inter-parcel access, for which variations from the UDO were requested. The DCI application was approved by Mayor and City Council on April 19, 2016 with the following conditions: 1. Approval is subject to development in substantial conformity with the plan book "The Malone on Peachtree" dated March 31, 2016 with revisions to the plan required by the City of Chamblee Mayor and City Council. 2. The sign information contained on pages of the plan book "The Malone on Peachtree" dated March 31, 2016 is accepted as the Master Signage Plan for The Malone on Peachtree, with revisions to the plan required by the City of Chamblee Mayor and Council. 3. There be at least 5000 sq. ft. of restaurant space in the development. The following variations were included in the applicant s request and approval: Variance from Section (a)(1)c. to allow a building to exceed 50 feet in height without stepping back the upper story by ten feet. The architect has used a change of materials for the uppermost floor to give relief from the massing of the building. Regular City Council Meeting: 6/20/ of 13

4 Variance from Section 350-2(c) that requires inter-parcel access to adjacent parcels on the south (Comcast) and east (Miller Station). Description of Proposed Project: The current applicant, on behalf of Cortland Partners and the property owner, proposes to construct an age-restricted, 205-unit, age 55 and up, multi-family apartment development that includes retail, office, and restaurant space. The development would be a total of 466,057 gross square feet, consisting of 298,501 gross square feet of residential units, 23,937 gross square feet of office/retail space, a 143,619 gross square foot parking deck, and a 1,687 square foot leasing center which will be located on the east side of the building facing the alleyway perpendicular to Malone Drive. The Peachtree Boulevard frontage will have a minimum floor-to-ceiling height of 22 feet. The building is required to be LEED or Green Globes certified. 416 parking spaces would be provided, including fourteen Electric Vehicle charging stations, 76 compact spaces, 16 handicapped-accessible spaces. 28 bicycle parking spaces will be provided. The current proposed site plans do not show the required streetscape being installed along Peachtree Boulevard. Staff has discussed the regulations with the applicant, the applicant is aware of the requirements, and the plans will have to be amended to show compliance at the land development permitting stage of the project. Applicant s Requests: The applicant requests to amend the DCI to include additional variances. Because the request involves modifications to a DCI that would result in the need for a variance or waiver of City ordinances, the request can only be approved by Mayor and City Council. According to Section 280-6(c)(8)(b) of the UDO, The mayor and city council may approve a plan that includes approval of specific variances to the provisions of the zoning ordinance or waivers of other pertinent development requirements of city ordinances provided that such variances and waivers are specifically enumerated and approved in their action. The applicant requests approval of the application packet titled, ATTIVA Malone DCI Amendment Package, , with the following variances: Variance from Section 230-2(a) to allow the encroachment of balconies into all required yard setbacks a total of 5 linear feet. Balconies are allowed to encroach up to 3 feet into the setbacks by right. Variance from Sec (a)(5)(e) to reduce the size of balconies on multifamily residential units, to allow some units to have balconies that are less than 50 square feet in area, and to allow 10% of the balconies to be juliette balconies. Variance from Section to reduce the minimum parking space requirement for mixeduse residential units from 2 spaces, to 1.2 spaces per dwelling unit. Applicant would provide the required amount of parking for retail, residential, and restaurant uses. Regular City Council Meeting: 6/20/ of 13

5 Variance from Section (a)(5)(a) to reduce the requirement to install an enclosed, weatherproofed, and lockable private storage space that is 24 square feet in area with a minimum height of 7 feet, per residential dwelling unit, either in the same building as the units, or in an accessory building to serve the occupants of the development. The applicant also requests that the previously approved variances from Section (a)(1)c and Section 350-2(c) apply to the modified development. A Master Signage Plan was previously approved. The applicant is not requesting to amend that plan. General Standards for Approval: The UDO provides that all inconsistencies in the application can be considered by the Mayor and Council in the context of a site plan demonstrating conformity with the General Standards for approval specified in section 280-6(c)(3), which are as follows: a. Is the proposed development suitable in view of the use and development of adjacent and nearby property? Yes, the proposed development is suitable in view of the use and development of adjacent and nearby property. Adjacent property along Peachtree Boulevard includes the four-story Miller Station multifamily residential apartment development to the north, and the mixed-use residential/retail/ commercial SLX Atlanta and Olmsted developments across Malone Drive to the south. The property is located approximately 500 linear feet from the North DeKalb Senior Center, a new multi-million dollar state-of-the-art public amenity for seniors which opened on Malone Drive in November The center, which was developed using federal funds and community block grants, includes classrooms, arts and crafts instruction, exercise facilities, a library, game room, catering kitchen, and other amenities. There are commercial and retail uses located along Malone Drive, and the MARTA station at the end of Malone Drive, heading east. The extension of the Chamblee Rail-Trail is also proposed to enhance the accessibility and connectivity of the area for residents of these apartments as well as the Miller Station development, and others. b. Does the proposed development adversely affect the existing use or usability of adjacent or nearby property? No, the proposed development does not adversely affect the existing use or usability of adjacent or nearby property. The proposed building is within the height and FAR parameters of the TOD zoning district. The project should enhance the existing use and usability of adjacent and nearby property. The existing conditions of the property represent an underutilization of the property use and what it could offer to adjacent and nearby properties. The property as it is now does not meet the intent of the Comprehensive Plan or the TOD zoning district. The proposed transit-oriented development will provide an active streetfront, improve the linkages between other uses, and provide 205 new residential units within less than a quarter-mile of the Chamblee MARTA Station, who will patron the Regular City Council Meeting: 6/20/ of 13

6 numerous existing and future retail/restaurant/ commercial businesses in the downtown Chamblee and Peachtree Boulevard Corridor areas. c. 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? A previously submitted preliminary analysis indicated this development would generate about 240 additional one-way vehicle trips in the PM peak hour. A mitigating factor is that this development is adjacent to a major traffic artery (Peachtree Boulevard) and also within walking distance of the Chamblee MARTA Station. The DeKalb County water and sewer system is experiencing capacity issues, and the County will require a Sewer Action Plan be submitted by the applicant and approved. Stormwater management facilities will detain stormwater underground and slowly release it into adjacent drainage ways at a rate that can be managed. The school impact study prepared by the DeKalb County Public School system for the previously approved 205 unit DCI project found that the project would result in a total of 24 school children to be added to the school system. Because the revised development would be age-restricted, 55 years and up, there is expected to be no contribution to the school system. d. 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? Yes, staff notes there is a general demographic and economic trend in the community area, and in the nation, of an increase in the number of persons who want to live in smaller, in- town residential and mixed-use buildings. Millennials, single individuals, and empty nesters who comprise small households are looking for urban environments rather than for large single-family houses. The City of Chamblee has had considerable success improving its downtown residential living options. The 2014 Livable Centers Initiatives (LCI) study update supports increasing the number of downtown housing units suitable for these demographic groups through new construction and rehabilitation of older nonresidential buildings and creation of mixed-use developments in the downtown and accessible to MARTA. There are many older commercial and former industrial buildings that need replacement or redevelopment and this is the most viable way to achieve renewal without the city having to initiate land acquisition on its own. Development Standards: DCI s are also required to meet the following development standards enumerated in Section 280-6(c)(2): 1. Site planning. Site planning in the proposed planned unit development shall give consideration to the topography, the location of structures, screening, setbacks and street design in the evaluation of the relationship of the development to its surrounding areas. Regular City Council Meeting: 6/20/ of 13

7 The submittal gives proper consideration to topography, the location of structures, screening, setbacks and street design in the evaluation of the relationship of the development to its surrounding areas. 2. Service and emergency access. Access and circulation shall adequately provide for firefighting and other emergency equipment, service deliveries and refuse collection. The site plan gives consideration to access and circulation for firefighting and other emergency equipment, service deliveries and refuse collection. The applicant will be required to meet with the DeKalb Fire Marshal regarding the revised plan to address their concerns. No curb cuts are planned for Peachtree Boulevard, a state route. The project will not require sanitation service by City of Chamblee. 3. Sewer and stormwater retention. Provision shall be made for acceptable design and construction of storm sewers and stormwater retention facilities, as required by Chapter 340 of the UDO. The site plan includes a grading and drainage plan, a pre- and post- development basin map and a conceptual Water Quality Map that gives proper consideration to relevant city, county and state regulations for managing both water quantity and water quality. The plans will go through review and must meet the requirements of the UDO to be approved by the City Engineer. 4. Covenants. The planned unit development shall include such covenants and legal provisions as will assure conformity to the achievement of the plan. The applicant will be required to submit covenants, stormwater maintenance easements, any required maintenance and performance bonds, and to submit a recorded copy of the Master Signage Plan prior to issuance of a building permit. 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. The design submitted is oriented to Peachtree Boulevard where it will provide an enhancement to the Mid-City Character Area with high visibility and activation of the street frontages. Due to the architectural quality of the building it will improve the visual character along Peachtree Boulevard and the surrounding area terms of this criteria. Regular City Council Meeting: 6/20/ of 13

8 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. Design components consist of a six-story building that has a unified appearance in terms of the treatment of the facades, fenestration, parapets, parking, landscaping, and streetscape. Each of these components appears to be well designed to be physically and aesthetically related to ensure visual continuity of design. The requested variances do not represent a significant departure from the overall quality of the project. The most visible alteration is that some balconies will project from the building. The applicant will be installing all components of the required streetscape improvements. 3. Design shall protect scenic views, particularly those of open space, and utilize natural features of the site. The natural features of the site and surrounding properties were disrupted years ago as the block was developed and redeveloped. There are few natural features remaining, and no identifiable scenic views to protect. The project will offer scenic views to residents of the six-story structure. 4. Design shall protect adjacent properties from negative visual and functional impacts. The proposed design removes a relatively unattractive and underutilized use of land and fills a void in the streetscape and skyline with a new development that will provide positive visual and functional impacts. The development will change the view from Peachtree Boulevard, while but contributing to a frontage, and corridor, that is becoming increasingly urban and upscale. 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. Little, if any, historic character exists on sites in this immediate area. Most of the nearby lots are currently or formerly warehouse, mid-century modern, or modern-style buildings; surface lots with automotive sales and service uses, or modern multi-family residential developments. 6. All exterior forms, attached to buildings or not, shall be in conformity with, and secondary to, the building. This site will be largely and predominately filled by the principal building and the related parking structure. The parking structure will be completely enveloped by the building on both street frontages, will be partially visible from the east, and will be entirely visible from the Miller Station apartment development along the interior lot line. The parking structure, which is attached to the building, is secondary to the principal building, and will be of similar architectural design, and provide decorative screening over the openings. Assessment of requests for concurrent approval of variances: Regular City Council Meeting: 6/20/ of 13

9 The proposed plan would require approval of variances with respect to the requirements of the City of Chamblee s UDO and the review and approval criteria contained in Sec (b)(2). Those criteria are as follows: 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. Variance from Sec (a)(5)(e) to reduce the size of balconies on multifamily residential units, to allow some units to have balconies that are less than 50 square feet in area, and to allow 10% of the balconies to be juliette balconies. The applicant proposes to install balconies on 90% of the units and Juliette balconies on the remaining 10%. Staff finds the request to be supportable. Variance from Section 230-2(a) to allow the encroachment of balconies into the required yard setbacks by 5 linear feet. The UDO requires that all multi-family residential units include a 50 square foot balcony. Balconies are allowed to encroach up to 3 feet into setbacks by right. The previously approved plan featured 50 square foot balconies on all units. Those balconies were entirely or nearly-entirely recessed. The revised plan calls for a variety of balcony styles, some of which would be entirely or partially recessed, and some of which would extend outward from the building façade. Architectural features, such as balconies, are allowed to encroach setbacks by up to three feet, by right. Because the floor plans and area of amenity space have changed, the applicant is unable to provide the full 50 square foot balcony for each unit unless a variance is granted for setbacks. The issue of encroachment of balconies into the required setbacks could also be resolved by reducing the required minimum size if balconies. The applicant has requested a variance from Sec (a)(5)(e) to reduce the required minimum size from 50 square feet to varying sizes below 50 square feet.. Variance from Section to reduce the minimum parking space requirement for mixed-use residential units from 2 spaces, to 1.2 spaces per dwelling unit. Applicant would provide the required amount of parking for retail, residential, and restaurant uses. The development requires 579 parking spaces, per the UDO. The applicant was proposing to provide the required number of parking spaces for the previously approved development. However, because the development now proposed is an age-restricted project, the applicant contends that the required Regular City Council Meeting: 6/20/ of 13

10 amount of parking spaces is not necessary to meet the actual parking demands that will be generated by the residential portion of the project, and prefers to reduce the amount of space dedicated to the parking deck and increase the amount of space dedicated to amenities for the residents. The development will have 205 residential units. The applicant requests a reduction of 163 parking spaces, to install only 416 total spaces. The UDO only requires 1.5 parking spaces per residential unit for multi-family developments, however, it requires 2 parking spaces per residential unit when the multifamily development is part of a mixed-use development, plus the required parking for all nonresidential uses. Due to the age-restricted nature of the project, staff finds the request to be supportable. Variance from Section (a)(5)(a) to reduce the requirement to install an enclosed, weatherproofed, and lockable private storage space that is 24 square feet in area with a minimum height of 7 feet, per residential dwelling unit, either in the same building as the units, or in an accessory building to serve the occupants of the development. The applicant has provided two different floor plate options for the 5 th floor: Option 1 and Option 2. Option 1 provides 28,720 square feet of amenity space. Option 2 shows what the floor would look like if the amenity area were reduced to 15,503 square feet and 13,217 square feet of storage locker space were put in place of where the other amenity space. Both options provide the same number of residential units, 41, on the 5 th floor. Providing on-site storage units is a code requirement, however, the location of the project is such that multiple off-site storage options are conveniently available to residents of the development. The following variance requests were approved for the previous DCI submittal, and thusly will be applied to the revised project: Variance from Section (a)(1)(c), that states Building step backs: Buildings in excess of 50 feet in height shall be required to step back that portion of the building greater than 50 feet in height a minimum linear distance of ten feet away from the building facade located below the 50- foot height plane as described in Section Instead of stepping the façade back as required, the applicant proposes change of materials for the uppermost floor to give relief from the massing of the building. The lower stories facing Peachtree Boulevard are faced with dark- colored brick that provides a sense of mass. However the uppermost story is finished in a lighter colored stucco. The result is the perception that the upper story is less prominent and recessed. Variance from Section 350-2(c) that states, To the maximum extent possible, sidewalks and parking lots serving adjacent lots shall be interconnected to provide continuous driveway connections and pedestrian connections between adjoining lots and streets, except that this requirement shall not apply to lots zoned for single family residential units. Where necessary, the Regular City Council Meeting: 6/20/ of 13

11 City may require access easements be provided to ensure continuous access and egress routes connecting commercial, office, and multifamily lots. This would require a driveway and sidewalk connection to adjacent parcels on the south (Comcast) and east (Miller Station). Inter-parcel access in urban areas provides an alternative route of access and egress for surrounding parcels and allows motorists an option to stay off of more congested arterial and collector streets. It also provides a means for adjacent parcels to share parking and access points, and reduces the need for parking spaces in the inter-connected area. Inter-parcel access for this site however, is not practical for this site due to the fact that it does not provide any surface parking, and due to the vehicular circulation system necessary to accomplish the project. The applicant has provided for a spur of the proposed Chamblee Rail-Trail along the east property line that will improve connectivity with the Comcast property and DeKalb Senior Center to the south. Staff Recommendations: 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 , with the following exhibits, conditions, and variances. Staff conditions, 1-10 below, are the same as those that were presented to the ARB. The condition recommended by the ARB has been incorporated as condition 11. EXHIBIT A: Plan book titled Attiva Malone DCI Amendment Package, dated EXHIBIT B: Master Signage Plan, dated March 31, All previous DCI approvals and conditions for these properties shall be repealed. 2. Development shall be in substantial conformity with Exhibit A, plan book titled Attiva Malone DCI Amendment Package, dated and Exhibit B Master Signage Plan dated March 31, The building shall incorporate a change of materials for the uppermost floor to give relief from the massing of the building. 5. A Variance is granted from Sec (a)(5)(e) to reduce the size of balconies on multifamily residential units, to allow units to have balconies that are less than 50 square feet in area, and to allow 10% of the balconies to be juliette balconies. 6. A Variance is granted from Section 230-2(a) to allow the encroachment of balconies into the required yard setbacks by 5 linear feet. 7. A Variance is granted from Section to reduce the minimum parking space requirement for mixed-use residential units from 2 spaces, to 1.2 spaces per dwelling unit spaces per dwelling unit. 8. A Variance is granted from Section (a)(5)(a) to remove the requirement to install an enclosed, weatherproofed, and lockable private storage space that is 24 square feet in Regular City Council Meeting: 6/20/ of 13

12 area with a minimum height of 7 feet, per residential dwelling unit, either in the same building as the units, or in an accessory building to serve the occupants of the development. 9. A Variance is granted from (a)(1)(c), that states Building step backs: Buildings in excess of 50 feet in height shall be required to step back that portion of the building greater than 50 feet in height a minimum linear distance of ten feet away from the building facade located below the 50-foot height plane as described in Section A Variance is granted from Section 350-2(c) that requires inter-parcel access to adjacent parcels on the south (Comcast) and east (Miller Station). 11. A detailed plan for the rooftop amenity area shall be submitted and approved by the Development Director prior to issuance of building permit. ARB Recommendations: At their Tuesday, June 6, 2017 meeting the ARB heard the applicant s request for the DCI project, and reviewed the site plans and renderings provided in the application. After much discussion with the applicant and staff, the ARB recommended approval of the application with the following exhibits, amended staff conditions (additions: strikethrough), and variances: EXHIBIT A: Plan book titled Attiva Malone DCI Amendment Package, dated EXHIBIT B: Master Signage Plan, dated March 31, All previous DCI approvals and conditions for these properties shall be repealed. 2. Development shall be in substantial conformity with Exhibit A, plan book titled Attiva Malone DCI Amendment Package, dated and Exhibit B Master Signage Plan dated March 31, The building shall incorporate a change of materials for the uppermost floor to give relief from the massing of the building. 5. A Variance is granted from Sec (a)(5)(e) to reduce the size of balconies on multifamily residential units, to allow units to have balconies that are less than 50 square feet in area, and to allow 10% of the balconies to be juliette balconies. 6. A Variance is granted from Section 230-2(a) to allow the encroachment of balconies into the required yard setbacks by 5 linear feet. 7. A Variance is granted from Section to reduce the minimum parking space requirement for all multi-family residential units from 1.5 spaces per dwelling unit to 1.2 spaces per dwelling unit. 8. A Variance is granted from Section (a)(5)(a) to remove the requirement to install an enclosed, weatherproofed, and lockable private storage space that is 24 square feet in area with a minimum height of 7 feet, per residential dwelling unit, either in the same building as the units, or in an accessory building to serve the occupants of the development. Regular City Council Meeting: 6/20/ of 13

13 9. A Variance is granted from (a)(1)(c), that states Building step backs: Buildings in excess of 50 feet in height shall be required to step back that portion of the building greater than 50 feet in height a minimum linear distance of ten feet away from the building facade located below the 50-foot height plane as described in Section A Variance is granted from Section 350-2(c) that requires inter-parcel access to adjacent parcels on the south (Comcast) and east (Miller Station). 11. A detailed plan for the rooftop amenity area shall be submitted and approved by the Development Director prior to issuance of building permit. Attachments: Attachment 1 Plan book titled Attiva Malone DCI Amendment Package, dated (EXHIBIT A) Attachment 2 Master Signage Plan, dated March 31, 2016 (EXHIBIT B) Attachment 3 Application Attachment 4 Location Maps Regular City Council Meeting: 6/20/ of 13