City of Decatur Planning Commission. March 13, 2018 Meeting Minutes. Decatur City Hall City Commission Room 509 North McDonough Street 7:00 PM

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1 City of Decatur Planning Commission Meeting Decatur City Hall City Commission Room 509 North McDonough Street 7:00 PM Members Present: Burnette (Chair), Leland-Kirk, Manrow, Travis, Doyon, Ohlandt Members Absent: Buckley, Jr. Staff Present: Threadgill I. Call to Order at 7:00 PM Mr. Burnette confirmed a quorum and called the meeting to order at 7:00 PM. He provided introductions and an overview of the procedural process for the meeting. II. Old Business: The approval of from February 13, 2018 regularly scheduled meeting was held over until the end of the meeting. III. New Business: Mr. Burnette announced the first item under new business Anthony and Katherine Giordano have requested to build an addition in the Sycamore Ridge planned unit development for the property at 321 Lockwood Terrace. Ms. Threadgill stated that a condition of approval at the time the planned unit development was approved required additions and alterations to be approved by the Planning Commission prior to issuance of a permit, and that the application does not proceed to the City Commission. Mr. Anthony Giordano, property owner, presented their application and the plans for a rear addition. He stated there were limited options for an addition to the home due to the covenants and the required side yard setbacks of the planned unit development. As a result, the plan is to remove the existing rear deck and build a new rear addition within the same footprint and less impervious surface. Mr. Giordano stated he reached out to the 12 neighbors of the subdivision and received 11 letters of support in return. He then shared similar projects recently approved by the Planning Commission in other planned unit developments at 4 Wilburn Lane and 6 Woodland Court. In response to questions from Mr. Burnette, Mr. Giordano confirmed that the two abutting neighbors were among the support letters received and that the addition is no closer to the side property lines then the existing deck. Mr. Burnette, asked if anyone of the public would like to speak in favor or opposition of the applications. There being none, Mr. Burnette closed public comment and opened the discussion among the Planning Commission members. On a motion by Ms. Leland-Kirk, second by Ms. Manrow, and all voting aye, the Planning Commission approved the request to build an addition substantially consistent with the plans submitted with the application in the Sycamore Ridge planned unit development for the property at 321 Lockwood Terrace.

2 Page 2 of 5 Mr. Burnette announced the next three items under new business and stated that because the applications were interrelated they would be heard together. Alliance Realty Services, LLC has requested consideration of changing the land use designation for eleven properties located at 2700 Grove Street, 173 Grove Place, 165 Grove Place, 161 Grove Place, 153 Grove Place, 2688 East Ponce De Leon Ave., 2700 East Ponce De Leon Ave., 2706 East Ponce De Leon Ave., 2716 East Ponce De Leon Ave., 2734 East Ponce De Leon Ave., and 2748 East Ponce De Leon Ave. from M Light Industrial (DeKalb County) to C Commercial and High Density Residential (City of Decatur). Alliance Realty Services, LLC has requested consideration of changing the zoning for the property located at 133 North Arcadia Avenue from R-60 Single Family Residential to MU Mixed Use Transit Subarea, for the properties at 117 and 125 North Arcadia Avenue from C-2 General Commercial to MU Mixed Use Transit Subarea, and for eleven properties located at 2700 Grove Street, 173 Grove Place, 165 Grove Place, 161 Grove Place, 153 Grove Place, 2688 East Ponce De Leon Ave., 2700 East Ponce De Leon Ave., 2706 East Ponce De Leon Ave., 2716 East Ponce De Leon Ave., 2734 East Ponce De Leon Ave., and 2748 East Ponce De Leon Ave. from M Light Industrial (DeKalb County) to MU Mixed Use, Transit Subarea (City of Decatur). Alliance Realty Services, LLC has requested adoption of a regulating master site plan with special exceptions related to façade orientation and building step backs for the properties located at 117 North Arcadia Avenue, 125 North Arcadia Avenue, 133 North Arcadia Avenue, 2700 Grove Street, 173 Grove Place, 165 Grove Place, 161 Grove Place, 153 Grove Place, 2688 East Ponce De Leon Ave., 2700 East Ponce De Leon Ave., 2706 East Ponce De Leon Ave., 2716 East Ponce De Leon Ave., 2734 East Ponce De Leon Ave., and 2748 East Ponce De Leon Ave. Mr. Travis requested to be recused from the hearing on the applications due to a conflict of interest related to his employment. Mr. Travis did not participate in the remainder of the discussions. Ms. Kathy Zickert and Mr. Alex Brock, attorneys of Smith, Gambrell, and Russell, LLP authorized to represent each of the property owners subject of the applications, presented their requests for changes in land use and zoning, and for certain special exceptions, which are related to a pending annexation request presently before the City Commission. Mr. Brock stated that the land use and zoning classification requests are based on the proximity of the location to the Avondale MARTA Station. He stated the subject properties are currently developed with light industrial uses and auto-oriented businesses, which are not taking full advantage of the mass transit system. He stated his clients recognize this area as an eastern gateway to the City of Decatur. Mr. Brock stated a similar set of applications for change in land use and zoning were submitted to DeKalb County, but eventually withdrew the applications. He stated pre-application meetings were held with the City to discuss the different zoning requirements. His clients proceeded with a design for a mixed-use development of 289 dwelling units that wrap a residential parking deck of 289 vehicular spaces, and approx. 66,000 square feet of retail including 264 vehicular surface parking spaces. Mr. Brock stated the proposed land use aligns with the 2010 Strategic Plan goals for more mixed-use districts.

3 Page 3 of 5 In response to a question from Mr. Burnette, Mr. Brock stated the commercial retail buildings would be one story in height and the residential apartment building would be five stories in height. Mr. Brock summarized the transportation impact analysis and the expected trips generated from the proposed uses. He also stated that the impact of schools would be relatively low due to the targeted tenants and unit mix. In response to a question from Mr. Burnette, Mr. Stephen Bates of Toll Brothers Apartment Living, stated the proposed residential unit mix is 65-70% one bedrooms. Mr. Brock presented the façade designs, perspective renderings, architectural treatments and landscaping of the proposed grocery building. He presented the facades of the residential apartment building and confirmed the architectural treatment facing the surface parking lot would also be used for the facades that face Arcadia Avenue and Ponce de Leon Avenue. Mr. Brock stated that several neighborhood groups had been contacted about the proposed development and that their representatives expressed support of additional retail within walking distance. Ms. Zickert stated the request for special exceptions related to proposed façade orientation for the grocery building and proposed building step back of the residential building. She stated her clients originally designed the grocery building to back up to the interior lot line. However, a large gas line runs under the Grove Place right of way and maintains a 30-feet wide easement that required reconsideration of the site development layout. Her clients arranged the site to avoid building and structures within the gas line easement. As a result, the rear of the grocery store backs up Ponce de Leon Avenue, while the two smaller retail buildings face Arcadia. Ms. Zickert stated she understood there has been some concern with the proposed orientation of the grocery store. She requested the Planning Commission defer recommendation on the Special Exception request for the façade orientation, but to proceed with recommendations on the other requests before them. In response to a question from Mr. Burnette, Ms. Threadgill stated the application submittal has sufficient information to prepare recommendations on the land use category, zoning classification, and the regulating master site plan, and may elect to defer action on the request for a special exception. She confirmed that the regulating master site plan must be considered concurrently with the MU zoning classification. She added the regulating master site plan must identify the subarea, indicate mass and scale of the development, and provide information related to proposed street network, open space requirements, and dedicated front yards. In response to a question from Ms. Leland-Kirk, Ms. Zickert stated the MU zoning classification has been requested because of the site s proximity to transit and the allowance for a higher density in relationship to the transit station. She stated that a grocery store within a five minute walk of transit is considered an amenity. She added that pedestrian facilities would be added along the public rights of way and within the parking area to the retail shops.

4 Page 4 of 5 Mr. Burnette asked if anyone of the public would like to speak in favor of the applications. There being none, Mr. Burnette asked if anyone would like to speak in opposition of the applications. Ms. Christine Hunsaker, owner of Paws, Whiskers and Wags pet crematory at 2800 E. Ponce de Leon Avenue spoke in opposition to the annexation as accepted by the City Commission and the requests before the Planning Commission. She stated this section of E. Ponce de Leon has been traditionally industrial zoning and industrial uses are being driven out of DeKalb County by opportunistic annexations and rezonings. She stated further action to annex and rezone the subject properties will be detrimental to her business that has been a long-standing part of the community. Ms. Hunsaker stated there are nine apartment complexes presently in the vicinity that are half occupied and that there is no good reason to allow more apartments. She stated there are several business owners in the vicinity that do not want the properties sold. She does not support land use and zoning actions that shrink DeKalb County s industrial footprint and requests the applications be denied. Mr. Brett Newbern, of Paws, Whiskers and Wags pet crematory, spoke in opposition to the applications. He stated his concern with residential uses in close proximity to the pet crematory s smoke stacks. He expressed a concern that if the residential units are constructed, the residents will start to complain about the pet crematory and smoke stacks, and force the business to close as a result of complaints about the type of business in place since He finds the two uses to be incompatible. He requests that the Planning Commission to not allow more residential units that would shrink the existing industrial footprint of the area. County Commissioner Kathy Gannon spoke in opposition to the annexation as accepted by the City Commission and the requests before the Planning Commission and requests they be denied. She presented a letter signed by her as representing District 6, Commissioner Jeff Rader of District 2, and Commissioner Steve Bradshaw of District 4. She stated that similar applications had been submitted to DeKalb County and did not receive favorable recommendation from County staff, and then turned around to submit the applications to the City of Decatur. She stated the applications are an opportunistic annexation and pit the County government against City government. She stated the proposed plan is not transit oriented and provides only another drive-to grocery store in the vicinity of other grocery stores. County Commissioner Jeff Rader spoke in opposition to the applications. He stated the characteristics of the project are suburban in form and considered inferior for a transit-oriented development. He stated the grocery with its conventionally parked layout requires large level areas and as a result requires large retaining walls. Commr. Rader stated that the façade orientation of the grocery building and the retaining walls make E. Ponce de Leon look more like a fortress gateway than a welcoming gateway into the City. He stated that based on an earlier comment from the developer that 35% of the residential units will be more than 1 bedroom, which amounts to be about 100 units that need to be considered as a possible impact on the local school system. He stated he supports industrial uses in the area and developments that respond to existing topography. He stated the proposed project is the wrong project for the Decatur community and for unincorporated DeKalb County. He added that the proposed project might be transit proximate but not transit oriented. Ms. Zickert provided a rebuttal to the comments in opposition. She acknowledged the need to address the orientation of buildings and site design as it relates to the public streets, and reiterated that action on the special exception for façade orientation be deferred. She stated that she could not speak to the vacancy of surrounding apartment complexes cited by Ms. Hunsaker because vacancy rates could be tied to various reasons unrelated to market conditions. Ms. Zickert stated an apartment complex already

5 Page 5 of 5 exists and abuts the pet crematory property to north in much closer proximity than what is proposed. She stated her clients are not forcing out industrial uses. She stated that the property owners are all interested in the sale of their respective properties, are aware of the proposed development, and have signed owner authorizations to proceed with the applications. She stated that an approval of the annexation and the development applications would not force adjacent industrial uses out or keep them from operating their businesses. There being no more comments, Mr. Burnette closed public comment and opened the discussion among the Planning Commission members. Mr. Burnette stated his concerns with the massing and scale of the development, and with the visual impacts to public streets. He stated his support for including affordable housing as a component to proposed developments of this type. Ms. Leland-Kirk stated her concern with the development as being transit proximate, but does not embody the characteristics of a transit-oriented development. Ms. Manrow stated she did not support the development as the layout and design does not provide the sort of amenities associated with the goals of a walkable, livable community intended for the mixed-use district. Mr. Doyon stated that although the proposed development is within a five minute walk to the transit station, it is not a pleasurable walk due to the fortress-like approach with blank buildings walls of the grocery store and retaining walls. He stated there is no connection between the public realm along the street and the grocery building and that the development is internally orientated away from the street. He stated the goals of promoting a walkable environment are not being met with the proposed development. Mr. Ohlandt stated the project does not provide sufficient advantages that would outweigh the excessive burden on local schools and infrastructure. On a motion by Mr. Doyon, second by Ms. Manrow, and all voting aye, the Planning Commission recommended denial of the request for land use designation, rezoning, adoption of a regulation master site plan, and related special exceptions. Mr. Travis returned to the meeting proceedings. Mr. Burnette returned to the first item on the agenda to act on the February 13, 2018 minutes. On a motion by Ms. Leland-Kirk, second by Mr. Travis, and all voting aye, the Planning Commission approved the minutes from the February 13, 2018 meeting. IV. Other Business: Ms. Manrow submitted her resignation to the Planning Commission. She stated that she and her husband were moving out of the City related to reasons of employment and that it would be here last meeting. Meeting adjourned at 8:20 PM.