DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT EDISON AT EASTSIDE DCI

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1 DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: September 13, 2018 Item #: PZ STAFF REPORT EDISON AT EASTSIDE DCI Request: Project Name: Site Addresses: Parcel Numbers: Applicant: Owner: Development of Community Compact (DCI), ten concurrent variances, and four concurrent waivers Edison At Eastside Multiple addresses (See attached) Multiple Parcels (See attached) Gary Matthews for Parkside Partners, LLC NCP Fund I Holdings, LLC Proposed Development: DCI to construct six low-rise commercial office buildings with surface parking and green space on approximately 29.1 acres commonly referred to as the International Village site. Current Zoning: Village Commercial (VC) - This zoning district is intended primarily for mixed-use development and related uses at a higher density. This district provides a location for residences, retail, goods, services and offices to satisfy the common and frequent needs of the City's commercial core and greater Chamblee area. Design standards and design parameters encourage a pedestrianfriendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians. Staff Recommendation: DENIAL of DCI, as proposed ARB Recommendation: APPROVAL of DCI, APPROVAL of ten variances and three waivers, DENIAL of one waiver UPDATE: On August 14, the applicant submitted letters from the FAA dated 9/22/17, 10/20/17, and 11/1/17 approving a site plan dated 4/11/17, for construction of a 25 foot-tall hotel/conference center, a 40 foot-tall warehouse/distribution facility, a 46 foot-tall parking deck, and a 44-foot tall mixed-use residential/retail building. The applicant has provided an exhibit (Attachment 6), overlaying the footprints of those building onto the applicant s proposed site plan. The exhibit demonstrates that a building up to 25 feet in height could be Page 1 of 16

2 built closer to Chamblee Tucker Rd, and generally that buildings of greater heights and different uses than what the applicant has proposed can be developed, but the finished floor elevations would need to be lowered from what the applicant has proposed. The applicant s proposed site plan has not changed since the last Council meeting. District Standards: VC Zoning District Standards FAR (max.) 4.0 Front Yard Setback (min.) 0 Impervious Surface (max.) 80% Rear Yard Setback (min.) 0 Open Space (min.) 20% Side Yard Setback (min.) 0 Building Height (max.) 75 Landscape Strip (Blvd)(Sec.)(Loc.) 10 / 5 / 5 Building Height (min.) (Blvd)(Sec.)(Loc.) 24 / 18 / 12 Sidewalk Clear Zone 10 / 10 / 5 (Blvd)(Sec.)(Loc.) Lot Size (min.)/ Lot Width (min.) N/A Supplemental Zone (Blvd)(Sec.)(Loc.) 10 / 8 / 5 Current Use: Vacant land Surrounding Land Uses: West VC: Single-family residential; multi-family residential; retail/commercial East VC: Single-family residential; Vacant land in a Runway Protection Zone (RPZ) North VC: Institutional; Village Park city park; South A: DeKalb Peachtree (PDK) Airport Future Development Map: The subject property is within the International Village character area of the Future Development Map in the City of Chamblee Comprehensive Plan. The vision of the International Village character area is: To fortify and sustain the area as a living and working community for all people. To strengthen the local economy by enhancing the appeal of the area to nonresidents who desire to experience an authentic international community. Appropriate zoning districts are: NR-3 - Neighborhood Infill district VR - Village Residential district CC - Corridor Commercial district CVC - Corridor Village Commercial district VC - Village Commercial district IT - Industrial Transitional district I - Light Industrial district Key Policies and Implementation Measures include the following: Page 2 of 16

3 Create specific redevelopment plan for development along the major corridors, including New Peachtree Road, Chamblee-Dunwoody Road and Chamblee-Tucker Road that reinforces the international theme. Increase marketing cultural heritage and events, such as exhibits, festivals, and parades. Construct improvements on Chamblee Tucker Road corridor to better facilitate pedestrian and bicycle traffic between the MARTA station and the IRS/CDC complex on Buford Highway. Establish incubator for small business start-ups. A portion of the site is also located within the Town Center LCI study area, which includes a detailed vision for enhancing Chamblee s sense of place, increasing walkability, improving the Chamblee MARTA rail station area, providing a higher quality of life and adding more places to work, shop, and have fun. Site Description: The subject property consists of 87 parcels located on approximately 29.1 acres of vacant land north of PDK Airport, between Chamblee Tucker Road and Chamblee Dunwoody Road, and bounded by Burk Drive and the Chinatown Mall property to the west and roughly by Blackburn Way and Catalina Drive to the east. There are a few residential properties along the perimeter of the subject site that are not included in the project. The property is located immediately north of the DeKalb-Peachtree (PDK) Airport and adjacent to a Runway Protection Overlay (RPZ) District. A small amount of the project that will consist of green space is located in an RPZ. The property is restricted by an Avigation Easement that limits height of structures per FAA and prohibits residential development, schools, water bodies that could attract birds, sources of interference with radio communication between the airport and aircrafts, and any sources of light that conflict with airport lights. The topography of the site varies greatly throughout. Vegetation, particularly invasive species such as kudzu and mimosa, and various species of understory trees, have overtaken most areas of the site. Sections of the public streets and curbing that bisect the property are still visible, although overgrown in many places. A tributary of Peachtree Creek crosses onto the site in two locations, both of which have applicable State 25-foot and City 50-foot and 75-foot stream buffers. Where the creek exists in the north section of the site is a Flood Zone AE, and where the creek crosses through the site in the south section is a Flood Zone A. History of the Property The subject property was part of a residential neighborhood built in the 1950s. The property was among tracts acquired by DeKalb County in 2002 as part of the PDK Airport Noise Abatement Buyout funded by the Federal Aviation Administration (FAA) to relocate households. DeKalb County then put out a request for proposals and transferred much of the tract to PDK Investment Group, LLC to facilitate its redevelopment. In 2002, the lots were sold Page 3 of 16

4 to PDK Investment Group, LLC, who then proposed a 30-acre, mixed-use development including retail, office, business park, light industrial and recreational uses. A 500,000 sq. ft. mixed-use project was approved by GRTA and ARC as a Development of Regional Impact (DRI) and as a Planned Unit Development by City Council in That tract was sold to a developer and made subject to a Development Agreement and an Avigation Easement imposed by DeKalb County dated January 31, The City of Chamblee approved a modification of that PUD plan in 2007 that would permit a planned development of 505,975 sq. ft. subject to a site plan and conditions of approval copied in Attachment 2. The property was part of a 34.6-acre tract that was granted a Land Disturbance Permit (LDP) in Demolition and land clearance was undertaken in 2007 and Utility plans were approved and some underground utilities were installed, but work stopped when the developer declared bankruptcy in August Since then, the LDP and the PUD approval have expired. The property was subsequently acquired by Chamblee KDP Realty, LLC and in August 2014 DeKalb County repealed the previous Development Agreement with the owner, releasing them from the old site plan but leaving in place the Avigation Easement to protect the PDK airspace from residential development and encroachment into the glide path of aircraft. Most of the tracts outside the RPZ were subsequently sold to NCP Fund 1 Holdings, Inc. Description of Proposed Project: The applicant proposes to construct six low-rise office buildings totaling 340,000 gross square feet of commercial office space, in a two-phase project. A summary of the project is as follows: - Clear and grade the existing site without encroaching into the State and City stream buffers. - Re-align the public streets through the property by dedicating right-of-way along what is currently Blackburn Way and where Burk Terrace stubs out, with the City abandoning the right-of-way along Catalina Drive and Coronado Place, to create a new street, Eastside Drive, out of what is currently Blackburn Way, and to extend Burk Terrace from its current stubout to that new street. - Re-plat the property into four parcels and construct six LEED-certified office buildings as follows: Parcel A: Approximately 5.50 acres with a one-story, 40,000-sq-ft building and 232 offstreet parking spaces Parcel B: Approximately 7.00 acres with a one-story, 30,000-sq-ft building, a two-story 60,000-square-foot building and 365 off-street parking spaces Parcel C: Approximately 8.40 acres with two two-story 60,000-square-foot buildings and 471 off-street parking spaces Page 4 of 16

5 Parcel D: Approximately 7.90 acres with a three-story 90,000-sq-ft building and 321 off-street parking spaces - Install 63 on-street parking spaces on interior local streets. - Bury utilities on the parcels and in all abutting rights-of-way. - Install required sidewalks, landscape strips, trees and lights along all abutting streets. - Install green space, plaza and courtyard space, and paved multi-use trails throughout the site. The project qualifies as a Development of Community Impact (DCI). 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 applications require review and recommendation by the Architectural Review Board (ARB), prior to a public hearing by Mayor and City Council. 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 design of the project is that of a low-density, suburban-style office park. The property to the east is all vacant land in a RPZ zone, and is entirely unoccupied, except for two residences at the intersection of Chamblee Dunwoody Rd and Blackburn Way. The applicant proposes to provide a vegetative buffer between these residences and the project. To the south is PDK Airport, and what can be developed on the site is bound by the Avigation Easement, which ensures harmony with the airport is maintained. To the northwest is the rear of the Chinatown Mall. To the west, across Burk Drive, is a single-family neighborhood and an apartment building. The project will provide streetscape along Burk Drive, but will not provide supplemental zone space, and orients parking and the side of a building toward this street. The six buildings are proposed to be typical, rectangular office buildings. They would be heavily fenestrated to meet the requirements of the UDO for fenestration. The exterior building Page 5 of 16

6 materials are proposed to be primarily concrete or metal panels painted gray and white. All six buildings would essentially be designed with the same architectural style. According to the applicant, the placement of the buildings are determined by the Avigation Easement, topography, floodplains, and by the applicant s efforts to not encroach the City s 75-foot stream buffer. The heights start at one story nearest to the airport and increase to three stories at Chamblee Dunwoody Rd. The area is not one of historical or special design interest. 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. Green space and trails are consistent throughout most of the project. The applicant is providing the required parking lot landscaping in all but a few instances. All buildings are contained toward the interior of the site and proposed to be long rectangular structures with the ends oriented toward the exterior streets, Eastside Drive and Burk Drive. 3. Design shall protect scenic views, particularly those of open space, and utilize natural features of the site. Views of the airport could be considered scenic. The Comprehensive Plan calls for the installation of a dedicated viewing area on the south side of Chamblee Tucker Road across from the subject property where onlookers can view planes taking off and arriving from PDK. The plan does take into account the streams, flood plains, and stream buffers and proposes to be built in harmony with those features. A great deal of green space is proposed on the lots, mainly in the stream buffer areas. On a site visit, staff noticed several large trees. Efforts should be made by the developer to preserve all trees of significant size and species. 4. Design shall protect adjacent properties from negative visual and functional impacts. The buildings themselves will not create any negative visual impacts by their design or height. The buildings are proposed to be one to three stories in height. There is an opportunity to activate Burk Drive and Eastside Drive which the plan does not take into account. Eastside Drive is particularly ignored, as five of the six buildings have a great deal of off-street parking located between the building and that street. The only streets which are proposed to have buildings fronting them and oriented so as to activate the streetscape are Chamblee Dunwoody Road and Burk Terrace. Page 6 of 16

7 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. Design of the project has not incorporated the international theme of the area that is strongly and repeatedly called for in the Comprehensive Plan. The project will install and restore green space, particularly around the streams. 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. The only structures proposed to go on the parcels are the buildings themselves, dumpsters, and pedestrian amenities in the supplemental zones. 7. The proposed development is suitable in view of the use and development of adjacent and nearby property. The project is a suburban-style office complex with buildings placed so as to maximize surface parking. It is not suitable in view of the use and development of adjacent and nearby property, which is intended to be part of a walkable-mixed use international village bordering the City s transit-oriented Mid-City district. The applicant has stated that the buildings will have to incorporate enhanced sound proofing in their design and construction, due to the level of noise generated by aircraft taking off and landing at PDK Airport. One way exceptional noise reductions measures could be taken for the two one-story buildings, which are the ones closest to PDK Airport, is to have a roof that consists of a layer of vegetation planted over a waterproofing system, also referred to as a green roof. 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. The project provides greater vehicular and pedestrian connectivity by extending Burk Terrace and connecting Blackburn Way to Chamblee Tucker Rd. 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. Staff requested a traffic study with trip generation projections from the applicant. The applicant submitted the study close to the publish date for the ARB Staff report. As such, the traffic study is under review and staff s comments on it will be included in the staff memo to City Council. Providing single-use development would likely impact local roads substantially around the project since employees would not have retail or restaurant options in the development. The project will have to receive approval from DeKalb County for sewer capacity. The project will not have an impact on schools, as there is no residential component proposed. Page 7 of 16

8 10. The proposed development is in conformance with the applicable zoning district. The VC zoning district intended primarily for mixed-use development and related uses at a higher density, and in a traditional urban format. The proposed development, which is more suburban-style than traditionally urban, is not in conformance with the purpose and intent of the VC zoning district. The section of the proposed development north of Burk Terrace is much less encumbered by the height restrictions of the Avigation Easement than the south section, yet both sections are proposed to be low-rise office. The applicant has asked for variances from the requirements of the zoning ordinance to bring certain design elements into compliance based on the Avigation Easement. However, the applicant has not submitted any documentation from FAA showing specifically that a development that is compatible with the Comprehensive Plan is not possible. 11. The proposed development is in conformance with the provisions of the future development plan articulated in the City s Comprehensive Plan. The proposed development, a suburban-style office park, is not in conformance with the provisions of the future development of the area articulated in the Comprehensive Plan or the Town Center LCI plan. 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 Title 2 of the UDO: 1. Variance from Sec (d) to allow retaining walls in a front yard to exceed four feet in height to install max. 8-foot, max. 9-foot, and max. 22-foot tall retaining walls in a front yard on Parcel A, to install a 10-foot tall retaining wall in the front yard on Parcel B, to install a max. 17-foot tall retaining wall in the front yard on Parcel C, and to install a max. 6-foot tall and max. 12-foot retaining wall in the front yard on Parcel D; 2. Variance from Sec (d) to allow retaining walls located adjacent to a sidewalk exceed two feet in height to install a max. 9-foot tall wall on Parcel A along the frontage of Chamblee Tucker Rd., to install a max. 3-foot tall retaining wall along the Burk Terrace frontage in the front yard on Parcel B, to install a max. 6-foot tall retaining wall along the Chamblee Dunwoody Rd. frontage on Parcel D. 3. Variance from Sec (d) to allow retaining walls in the rear and side yard to exceed eight feet in height to install a 22 foot tall retaining wall in a front yard on Parcel A, to Page 8 of 16

9 install a max. 17-foot tall retaining wall in the side and rear yards on Parcel C, to install a max. 12-foot tall retaining wall in the rear yard on Parcel D. 4. Variance from Sec (a) to not install the required supplemental zones for all six buildings on Parcels A, B, C, and D; 5. Variance from Sec (c) to allow for the façade to measure less than 24 feet in height along a Boulevard street for the building on Parcel A to measure approximately 20 feet in height; 6. Variance from Sec (g) to allow the primary entrance to not face and be visible from the Boulevard street for the building on Parcel A, for the one-story, 30,000 sq ft building on Parcel B, and for a two-story, 60,000 sq ft building on Parcel C; 7. Variance from Sec to reduce the number of required parking spaces on Parcel D; 8. Variance from Sec (a)(3)(b) to allow spaces in excess of the required number of parking spaces to not be grasspaved or grasscrete in the off-street parking lots on Parcels A and B 9. Variance from Sec (a)(1) to allow parking to be located between the building and the street on Parcels A, B, C, and D; 10. Variance from Sec to allow dumpsters to not be located in the rear yard on Parcels A, B, and C. Per the review and approval criteria described in Section (a), the Mayor and City Council may authorize variances from the provisions of this 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; There are exceptional conditions pertaining to the particular piece of property because of its topography. There are two streams that cross onto the property, there is undulating terrain, and there is the fact that the property is located north of PDK airport on land that has restrictive easements in place for things such as building height. 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 proposed parcels would create a hardship in regards to the provisions of Sec (d) for retaining walls of heights greater than those allowed by right in the side and rear yards; in regards to Sec (c) to allow a building on Parcel A, a boulevard street, to have an overall building height less than 24 feet in height, due to its proximity to the PDK runway and the Avigation Easement. There are no hardships in regards to the other code requirements to which the applicant has requested variances. Page 9 of 16

10 c. Such conditions are peculiar to the particular piece of property involved; The conditions are unique to this tract of property. The property is considerably narrow for its length, and is bisected by one stream, and partially bisected by another stream. The terms of the Avigation Easement cover the entire property. This particular Avigation Easement only exists on this property. d. Such conditions are not the result of any actions of the property owner; or These conditions are not the result of the property owner, however the need for many of the variances is due merely to the desire of the applicant to develop not in conformance with the provisions of the UDO that could be met without such variances. The applicant has requested variances from Sec (d) to allow retaining walls in a front yard to exceed four feet in height to install max. 8-foot, max. 9-foot, and max. 22- foot tall retaining walls in a front yard on Parcel A, to install a 10-foot tall retaining wall in the front yard on Parcel B, to install a max. 17-foot tall retaining wall in the front yard on Parcel C, and to install a max. 6-foot tall and max. 12-foot retaining wall in the front yard on Parcel D. Individual retaining walls located between a building and a street should be kept to 4-feet in height, however tiered systems of retaining walls that are individually compliant may be allowed, even if the resulting tiered-wall system is greater than four feet in height. e. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. Relief, if granted would not cause substantial detriment to the public good. The Zoning Ordinance, in Sec , has stated purposes. The proposal achieves many of those purposes including, encouraging economic development activities that provide desirable employment and enlarge the tax base; protecting the public welfare by protecting approach slopes and other safety areas of licensed airports; and protecting property against blight and depreciation. However, the application fails to achieve many other of the purposes including, encouraging an aesthetically attractive environment, both built and natural; and encouraging the most appropriate use of land, buildings and other structures throughout the city; Applicant s Concurrent Waiver Requests: The project requires approval of waivers with respect to the requirements of the UDO. Per Sec of the UDO, concurrent review for waiver applications may be filed with a DCI application. Page 10 of 16

11 The applicant requests approval of concurrent waivers from the following regulations of Title 3 of the UDO: 1. Waiver from Sec (a)(1) to not provide a landscape island every 10 parking spaces on Parcel B and C; 2. Waiver from Sec (a)(1)(e) to allow a driveway between a building and a sidewalk on Parcel A, B, C, and D; 3. Waiver from Sec to not provide inter-parcel vehicular access to all abutting nonresidential lots on parcels A, B, C, and D. 4. Waiver from Sec (a)(5) to create blocks that exceed 600 ft in length. Only in situations as described in Section 300-8, where, because of severe topographical or other 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. There are no topographical conditions to support approval of a waiver from any of the parking lot landscaping requirements of Sec on Parcel B or C. There are no topographical conditions to support approval of a waiver to allow a driveway to be located between a building and a sidewalk on any of the Parcels. The need for driveways and parking lots to be located between the buildings and streetscape is due to the applicant s desire to locate the buildings in locations on their respective parcel that are not allowed by the UDO and that do little to activate most of the street frontage that exists throughout the site, while proposing to envelope the buildings in surface parking lots in a suburban office park format, except for along Burk Terrace which is bracketed by two two-story buildings, and along Chamblee Dunwoody Road where a three-story building abuts the frontage. Topographical conditions do exist to support approval of a waiver to not provide vehicular inter-parcel access between Parcels A and B, due to the presence of the stream. Topographical conditions also exist to support approval of a waiver to not provide inter-parcel vehicular connections from Parcel C to the Chinatown property and Culture Center of Taipei Economic and Cultural Office property to the west. Interparcel connectivity should be provided from Parcel D to the Chinatown Mall property, however. Staff Recommendation: Based on the analysis of this application, using the standards and criteria found in Chapter 280 of the UDO, staff recommends DENIAL of the DCI application PZ , as proposed. Page 11 of 16

12 Should City Council motion to approve the DCI application, using the standards and criteria found in Chapter 280 and Chapter 300 of the UDO, Staff recommends approval of the following variance and waiver requests: 3. Variance from Sec (d) to allow retaining walls in the rear and side yard to exceed eight feet in height to install a 22 foot tall retaining wall in a front yard on Parcel A, to install a max. 17-foot tall retaining wall in the side and rear yards on Parcel C, to install a max. 12-foot tall retaining wall in the rear yard on Parcel D; 10. Variance from Sec to allow dumpsters to not be located in the rear yard on Parcels A, B, and C; 3. Waiver from Sec to not provide inter-parcel vehicular access to all abutting nonresidential lots between Parcels A and B; and between Parcel C and the commercial properties to the west; Should City Council motion to approve the DCI application, staff recommends the following conditions: 1. The development shall be constructed in substantial conformity with the DCI packet EXHIBIT A: DCI Plan Book for Edison Eastside, dated received July 19, The owner/developer shall remove invasive vegetative species from the State and City stream buffers using hand tools and plant native, non-invasive species; and shall stabilize the stream bank as deemed necessary by the City Engineer. 3. The development shall incorporate a minimum of 2,000 square feet of incubator space in one of the buildings. 4. The first floor of the 90,000 sq ft, three-story building that fronts Chamblee Dunwoody Rd shall consist entirely of retail/restaurant space; and 50% of the first floor of all other buildings shall consist of retail/restaurant space. 5. Each building shall incorporate an amenity area in substantial compliance with those featured on the sheet titled Character Imagery in the applicant s DCI submittal. Said amenity area shall be in located between the building and the abutting street. 6. The applicant shall install a minimum five-foot-wide paved path connecting Burk Terrace to Chamblee Dunwoody Road along the west lot line adjacent to the Chinatown Mall property. 7. No dumpster shall be allowed to be located between a building and a street on any Parcel. 8. Retaining walls in front yards shall be tiered so that no individual wall is greater than four feet in height. 9. Development of the site shall incorporate the recommendations of the City Engineer based on the City Engineer s review of the traffic study submitted by the applicant. Page 12 of 16

13 Should City Council motion to approve the DCI application, using the standards and criteria found in Chapter 280 and Chapter 300 of the UDO, staff recommends denial of the following variance and waiver requests: 1. Variance from Sec (d) to allow retaining walls in a front yard to exceed four feet in height to install max. 8-foot, max. 9-foot, and max. 22-foot tall retaining walls in a front yard on Parcel A, to install a 10-foot tall retaining wall in the front yard on Parcel B, to install a max. 17-foot tall retaining wall in the front yard on Parcel C, and to install a max. 6-foot tall and max. 12-foot retaining wall in the front yard on Parcel D; 2. Variance from Sec (d) to allow retaining walls located adjacent to a sidewalk exceed two feet in height to install a max. 9-foot tall wall on Parcel A along the frontage of Chamblee Tucker Rd., to install a max. 3-foot tall retaining wall along the Burk Terrace frontage in the front yard on Parcel B, to install a max. 6-foot tall retaining wall along the Chamblee Dunwoody Rd. frontage on Parcel D; 4. Variance from Sec (a) to not install the required supplemental zones for all six buildings on Parcels A, B, C, and D; 5. Variance from Sec (c) to allow for the façade to measure less than 24 feet in height along a Boulevard street for the building on Parcel A to measure approximately 20 feet in height; 6. Variance from Sec (g) to allow the primary entrance to not face and be visible from the Boulevard street for the building on Parcel A, for the one-story, 30,000 sq ft building on Parcel B, and for a two-story, 60,000 sq ft building on Parcel C; 7. Variance from Sec to reduce the number of required parking spaces on Parcel D; 8. Variance from Sec (a)(3)(b) to allow spaces in excess of the required number of parking spaces to not be grasspaved or grasscrete in the off-street parking lots on Parcels A and B; 9. Variance from Sec (a)(1) to allow parking to be located between the building and the street on Parcels A, B, C, and D; 1. Waiver from Sec (a)(1) to not provide a landscape island every 10 parking spaces on Parcel B and C; 2. Waiver from Sec (a)(1)(e) to allow a driveway between a building and a sidewalk on Parcel A, B, C, and D; 3. Waiver from Sec to not provide inter-parcel vehicular access between Parcels C and D. 4. Waiver from Sec (a)(5) to create blocks that exceed 600 ft in length; ARB Recommendation: Page 13 of 16

14 At its August 7, 2018 meeting, ARB recommended APPROVAL with conditions of the DCI, APPROVAL of ten variances and three waivers, and DENIAL of one waiver as follows: ARB recommends APPROVAL of the following variance and waiver requests: 1. Variance from Sec (d) to allow retaining walls in a front yard to exceed four feet in height to install max. 8-foot, max. 9-foot, and max. 22-foot tall retaining walls in a front yard on Parcel A, to install a 10-foot tall retaining wall in the front yard on Parcel B, to install a max. 17-foot-tall retaining wall in the front yard on Parcel C, and to install a max. 6-foot-tall and max. 12-foot retaining wall in the front yard on Parcel D; 2. Variance from Sec (d) to allow retaining walls located adjacent to a sidewalk exceed two feet in height to install a max. 9-foot tall wall on Parcel A along the frontage of Chamblee Tucker Rd., to install a max. 3-foot tall retaining wall along the Burk Terrace frontage in the front yard on Parcel B, to install a max. 6-foot tall retaining wall along the Chamblee Dunwoody Rd. frontage on Parcel D. 3. Variance from Sec (d) to allow retaining walls in the rear and side yard to exceed eight feet in height to install a 22-foot-tall retaining wall in a front yard on Parcel A, to install a max. 17-foot tall retaining wall in the side and rear yards on Parcel C, to install a max. 12-foot tall retaining wall in the rear yard on Parcel D. 4. Variance from Sec (a) to not install the required supplemental zones for all six buildings on Parcels A, B, C, and D; 5. Variance from Sec (c) to allow for the façade to measure less than 24 feet in height along a Boulevard street for the building on Parcel A to measure approximately 20 feet in height; 6. Variance from Sec (g) to allow the primary entrance to not face and be visible from the Boulevard street for the building on Parcel A, for the one-story, 30,000 sq ft building on Parcel B, and for a two-story, 60,000 sq ft building on Parcel C; 7. Variance from Sec to reduce the number of required parking spaces on Parcel D; 8. Variance from Sec (a)(3)(b) to allow spaces in excess of the required number of parking spaces to not be grasspaved or grasscrete in the off-street parking lots on Parcels A and B 9. Variance from Sec (a)(1) to allow parking to be located between the building and the street on Parcels A, B, C, and D; 10. Variance from Sec to allow dumpsters to not be located in the rear yard on Parcels A, B, and C. 2. Waiver from Sec (a)(1)(e) to allow a driveway between a building and a sidewalk on Parcel A, B, C, and D; 3. Waiver from Sec to not provide inter-parcel vehicular access to all abutting nonresidential lots on parcels A, B, C, and D. 4. Waiver from Sec (a)(5) to create blocks that exceed 600 ft in length. Page 14 of 16

15 ARB recommends approval subject to Staff s conditions of approval, as amended: (additions; strikethrough) 1. The development shall be constructed in substantial conformity with the DCI packet EXHIBIT A: DCI Plan Book for Edison Eastside, dated received July 19, The owner/developer shall remove invasive vegetative species from the State and City stream buffers using hand tools and plant native, non-invasive species; and shall stabilize the stream bank as deemed necessary by the City Engineer. 3. The development shall incorporate a minimum of 2,000 square feet of incubator space in one of the buildings. 4. The first floor of the 90,000 sq ft, three-story building that fronts Chamblee Dunwoody Rd shall consist entirely of retail/restaurant space; and 50% of the first floor of all other buildings shall consist of retail/restaurant space. 5. Each building The project shall incorporate an amenity areas in substantial compliance with those featured on the sheet titled Character Imagery in the applicant s DCI submittal. Said amenity area shall be in located between the building and the abutting street. 6. The applicant shall install a minimum five-foot-wide paved path connecting Burk Terrace to Chamblee Dunwoody Road along the west lot line adjacent to the Chinatown Mall property. 7. No dumpster shall be allowed to be located between a building and a street on any Parcel. 8. Retaining walls in front yards that are visible from public right-of-way shall be tiered so that no individual wall is greater than four feet in height. 9. Development of the site shall incorporate the recommendations of the City Engineer based on the City Engineer s review of the traffic study submitted by the applicant. 10. The 6-foot retaining wall along Chamblee Dunwoody Rd on Parcel D shall have the character and scale of the Trackside development (5170 Peachtree Rd) retaining walls along Peachtree Rd. ARB recommends DENIAL of the following waiver request: 1. Waiver from Sec (a)(1) to not provide a landscape island every 10 parking spaces on Parcel B and C. (The applicant indicated that this waiver is no longer required. In the event that this waiver is requested, the ARB recommends denial of this request.) Attachments: Attachment 1 EXHIBIT A: DCI Plan Book for Edison Eastside, dated received July 19, 2018 Page 15 of 16

16 Attachment 2 Address and Parcel ID list Attachment 3 Location Maps Attachment PUD Site Plan and conditions of approval Attachment 5 City Engineer comments Attachment 6 FAA Exhibit submitted Page 16 of 16