DEVELOPMENT DEPARTMENT STAFF REPORT THE PARK AT 5 TH

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DEVELOPMENT DEPARTMENT STAFF REPORT ARB Meeting Date: July 3, 2018 Item #: _PZ2018-293_ THE PARK AT 5 TH Request: Site Address: Project Name: Parcel Number: Applicant: Proposed Development: Current Zoning: Staff Recommendation: Approval of a Development of Community Impact (DCI) with associated variances and waivers 1961 Fifth Street, 4041 Clairmont Road, 4047 Clairmont Road, 1938 Sixth Street, and 1962 Sixth Street The Park at Fifth Street 18-279-05-001, 18-279-05-002, 18-279-05-003, 18-279-05-010, and 18-279-05-011 Warren Jolly, The Providence Group Revise architectural elevations for a previously approved redevelopment of a vacant commercial site for 39 single-family townhome units. NC-2 (Neighborhood Commercial 2): This zoning district is intended primarily for mixed-use development and related uses at a medium density. This district provides a location for residences and convenient goods and services not directly adjacent to single-family neighborhoods that will satisfy the common and frequent needs of the residents of nearby residential neighborhoods. Design standards and design parameters encourage a pedestrian-friendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians. APPROVAL with conditions Regular City Council Meeting: 7/17/18 1 of 10

District Standards: NC-2 Zoning District Standards FAR (Maximum) 2.0 Front Yard - Fifth and Sixth Street 0 ft. Impervious Surface (Maximum) 80% Rear Yard (Minimum) 0 ft. Open Space (Minimum) 20% Side Yard - Interior (Minimum) 0 ft. Building Height (Min./Max.) - 24 ft./ 60 Side Yard - Street 0 ft. Clairmont Road ft. Building Height (Min./Max.) - Fifth and Sixth Street 12 ft./ 60 ft. Floor-to-ceiling Height (Min.) 18 ft. Lot Size / Lot width (Minimum) N/A Landscape Zone/Sidewalk Front Yard- Clairmont Road 0 ft. Zone/Supplemental Zone: - Clairmont Road (Boulevard) - Fifth and Sixth St. (Local) 10 / 10 / 10 5 / 5 / 5 Current Use: Surrounding Land Uses: Five vacant lots with four vacant single-family dwellings and accessory structures. West NC-1 (Neighborhood Commercial 1): Single-family dwellings and Commercial Electronics Service Center East NC-2: Single-family dwellings, Los Andes Bakery and Far East Motorworks North NC-2: Single-family dwellings South A (Airport): DeKalb-Peachtree Airport (PDK) Future Development Map: The subject property is within the Clairmont Corridor character area of the Future Development Map of the Comprehensive Plan. The vision for the character area is: A low-rise commercial corridor and employment center oriented toward airport-related business and local community service needs. NC-2 is listed as an appropriate zoning district in this character area. Key Policies and Implementation Measures in the character area include: Support the conversion of older single family housing to commercial and office uses, consistent with the NC-1 and NC-2 zoning districts. Maintain the single-family community character along Clairmont Road (p. 36). Site Description: The site consists of five contiguous lots with frontage on Clairmont Road, Fifth Street, and Sixth Street. The lots contain one curb cut on Clairmont Road, two curb cuts on Fifth Street, and no curb cuts on Sixth Street. A storm sewer line runs diagonally through the property from Clairmont Road across Sixth Street and will have to be relocated. All structures on the lots are vacant. The nearest crosswalks across Clairmont Road are approximately 900 feet to the south and 1,900 feet to the north. Regular City Council Meeting: 7/17/18 2 of 10

Site History: On July 19, 2016, the City Council approved a Planned Unit Development (PUD) (case 2016PUD-04) to construct 39 townhome units on the property. On June 20, 2017, City Council approved a Major Modification to this PUD for a Master Signage Plan, preliminary plat, and revised elevations, along with one variance and one waiver (case PZ2017-082) with the following conditions: 1. All previous PUD approvals and conditions for these properties shall be repealed. 2. Development shall be in substantial conformity with Exhibit A, plan book titled Preliminary Plat for The Park at Fifth Street, dated May 12, 2017. 3. Development shall be in substantial conformity with Exhibit B, Master Signage Plan titled The Park at Fifth Street, Design Review Board Follow-up Submittal, undated. 4. Fences installed along public streets shall be decorative metal, no taller than 42 inches in height, with brick piers placed no more than 50 ft. apart. 5. The HOA shall also establish covenants requiring the HOA to maintain all perimeter fencing and keep it free of vegetation. 6. The HOA shall establish covenants requiring homeowners to use matching metal fencing. 7. The internal street and alleys shall remain private and not be dedicated to the city. 8. HVAC units shall be screened so as to not be visible from public and private roads. 9. The dwellings on lots 20, 21, 28, and 29 shall have sprinkler systems installed. 10. Applicant shall install a second row of appropriate landscape trees to the east of units 21 and 29. 11. A Variance is granted from Section 240-13(a)(1)(j) requiring 5-foot-wide sidewalks connecting the front of all townhouse buildings to the nearest sidewalk, to be reduced to three foot and six inch (3 6 ) wide paved paths. 12. A Waiver is granted from Section 350-3(a)(3) requiring streets longer than 150 feet to end in a cul-de-sac, to allow the private alley identified as Dalton Drive on the site plan to end in a stub out. 13. The project shall be in substantial conformity with the architectural design style and color pallet shown on the renderings on page 140 of the Public Hearing Agenda Packet (conducted on Thursday, June 15, 2017). 14. The side elevation of units (Units 1, 8, 9, and 13) fronting Clairmont Road shall include full masonry facades to the bottom of the gable. A revised plan book shall be submitted and approved by the Development Director. After the original applicant ended its involvement with the project, the current applicant proposed construction of the same site plan with new architectural elevations, which would not be permitted under the current conditions of approval. Due to changes to the UDO since the approval of the PUD and Major Modification, the proposed construction requires the approval of a new DCI, one variance, and one waiver. Regular City Council Meeting: 7/17/18 3 of 10

Description of Proposed Project: Except for revised architectural elevations, the proposed project is unchanged from the previously approved PUD. The project consists of a 39 unit townhome development with private streets and alleys, amenity space, guest parking, required streetscape, pedestrian circulation, and landscaping. A summary of the project is as follows: - Demolish existing buildings; - Combine parcels into a single lot; - Remove existing curb cuts and replace with one along Fifth Street and one along Sixth Street; - Install a five-foot-wide sidewalk along both sides of the new private street; - Construct 39 four-story townhomes; and - Install five guest parking spaces, including one handicapped space. The project qualifies as a Development of Community Impact (DCI), the purpose of which is 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. Applicant s Request: The applicant is proposing only to revise the architectural elevations from the previously approved PUD. There were no changes made to the site plan that was previously approved by City Council in June 2017. The applicant has stated that the unit count, site conditions, site plan, amenity plan, landscape plans, signage and fencing plans remain unchanged from the previously approved application. Because the site is currently conditioned to the elevations on the existing PUD, and because PUDs have been consolidated with DCIs, the proposed project requires approval of a DCI. The applicant has also requested a variance to allow a sidewalk within five feet of the end of a townhome unit and a waiver to allow a street longer than 150 feet to end in a stub out instead of a cul-de-sac or hammerhead. These features are unchanged from the previously approved site plan, but are required due to updates in the UDO since the existing PUD was approved. DCI Review and Approval Criteria: The following review and approval criteria, described in Sec. 280-23, 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. Regular City Council Meeting: 7/17/18 4 of 10

The proposed revised elevations would be in harmony with the character of the neighborhood and surrounding area. The buildings would be a total of four stories in height with rooftop decks. The applicant describes the architecture as modern with mixes of brick with board and batten elements. The height, design, and density of the development, although higher than that typically found in the nearby area, is suitable at this location that serves as a transition between existing single-family detached units, the PDK Airport, and the Clairmont Road corridor. All other elements of the project remain unchanged from the previously approved PUD. 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 of the proposed buildings would provide visual continuity of design to transition from the industrial appearance of the PDK Airport to the residential appearance of surrounding structures north of the development along Clairmont Road. 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 existing site is currently overgrown with weeds and grass and has several abandoned structures. While the proposed development would require the removal of existing trees, the installation of a landscape strip will enhance the appearance along each frontage as well as within the interior of the development. 4. Design shall protect adjacent properties from negative visual and functional impacts. The revised elevation design, in addition to previously approved design elements such as the new streetscape and the removal of abandoned structures, would protect adjacent properties from negative visual and functional impacts. 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. The proposed townhouse materials and architecture respect those of the surrounding structures and the character of the area. This development would also make use of a vacant site as well as remove multiple vacant and failing buildings. The build environment of the Airport and Clairmont Corridor character areas is not particularly historic. 6. All exterior forms, attached to buildings or not, shall be in conformity with, and secondary to, the building. All exterior forms would be in conformity with, and secondary to, the townhome buildings. The exterior fencing is proposed to be decorative metal fencing, with brick piers, which correlates with the materials that are proposed to be used on porches and decks the townhomes. Staff has recommend that the mail kiosk structure be built with the same materials and colors as the primary buildings. 7. The proposed development is suitable in view of the use and development of adjacent and nearby property. Regular City Council Meeting: 7/17/18 5 of 10

A townhome development in this location was determined by City Council in previous applications to be suitable in view of the use and development of adjacent and nearby properties, and the proposed revised elevations maintain this suitability. 8. The proposed development does not adversely affect the existing use or usability of adjacent or nearby property. The proposed development would 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. Revising the architectural elevations while keeping the remainder of the previously approved project in place would not cause an excessive or burdensome use of existing streets, transportations, utilities, or schools. 10. The proposed development is in conformance with the applicable zoning district. The proposed development is in conformance with the UDO regulations for the NC-2 zoning district. For those regulations in which compliance would not be achieved, the applicant has requested a variance from the UDO. 11. The proposed development is in conformance with the provisions of the future development plan articulated in the City s Comprehensive Plan. The proposed revised elevations would be in conformance with the Comprehensive Plan in that they help maintain the single-family community character along Clairmont Road (p. 36). The City Council previously determined that the overall townhome development in this location is in conformance with the Comprehensive Plan with its approval of the existing PUD. Applicant s Concurrent Variance Request: The applicant requests approval of a concurrent VARIANCE from the following regulation of Title 2 of the UDO: 1. Variance from Section 240-13(b)(1)(f) that requires a minimum five-foot separation between the end of a townhome unit and any internal adjacent sidewalk, alley or street. The applicant proposes this separation to be measured at eight inches. Per the review and approval criteria described in Section 280-31(a), the Mayor and City Council may authorize variances from the provisions of this UDO only after making the following findings: 1. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; Regular City Council Meeting: 7/17/18 6 of 10

The lot is relatively flat with the exception of a ditch that is located along Clairmont Road as well as a significant topography change along the northeast area of the property that prevents putting structures closer to the east property line than what is proposed. 2. The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship; The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship. There is significant topography at the northeastern area of the lot that limits the buildable area on the lot. In order to maintain the number of units on site and to install a full sidewalk along the new interior street, the distance between the end of the building and the sidewalk must be smaller than the required five feet. 3. Such conditions are peculiar to the particular piece of property involved; Such conditions are peculiar to the particular piece of property involved. In order to install the streetscape with the current configuration of the townhomes, a variance to allow less than five feet of separation is required. 4. Such conditions are not the result of any actions of the property owner; or Such conditions are the result of actions of the property owner. 5. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. The proposed location of the sidewalk is unchanged from the previously approved site plan. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning district. Applicant s Concurrent Waiver Request: The applicant requests approval of a concurrent WAIVER from the following regulation of Title 3 of the UDO: 1. Waiver from Section 350-3(a)(3) to allow a street over 150 feet to stub out instead of end in a cul-de-sac or hammerhead configuration. 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. Regular City Council Meeting: 7/17/18 7 of 10

The proposed stub-out street is unchanged from the previously approved site plan, and Staff finds the requested waiver to be supportable. Because of severe topographical changes that occur along the east lot line, ending the road in a hammerhead or cul-de-sac would require the loss of multiple townhome units. There are existing parcels that prohibit the connection of the new streets to Hardee Avenue. The removal of the turnaround would also allow for much more greenspace. The applicant has provided one full and one partial row of trees in that area. In accordance with conditions of approval currently in place, an entire second row of trees should be provided to the west of the single proposed row, as it would provide enhanced screening from the neighboring commercial/retail use, and airport activities to the southeast. Staff Recommendation: Based on the analysis of this application, using the standards and criteria found in Chapter 280 and Chapter 300 of the UDO, Staff recommends APPROVAL with conditions of the DCI application PZ2018-293, and the following variance and waiver requests: 1. A Variance from Section 240-13(a)(1)(f) to allow less than five feet of separation between the end of a townhome unit and any internal adjacent sidewalk, alley or street. 2. A Waiver from Section 350-3(a)(3) to allow a street longer than 150 feet to not end in a hammerhead or cul-de-sac configuration. Staff recommends the replacement of the existing conditions of approval with the following: 1. Development shall be in substantial conformity with Exhibit A, Site Plan dated June 12, 2018. 2. Development, including the elevations for the townhomes and mail kiosk, renderings, and color sample shall be in substantial conformity with Exhibit B: DCI booklet dated May 30, 2018. 3. Fences installed along public streets shall be decorative metal, no taller than 42 inches in height, with brick piers placed no more than 50 ft. apart. 4. The HOA shall establish covenants requiring the HOA to maintain all perimeter fencing and keep it free of vegetation. 5. The HOA shall establish covenants requiring homeowners to use matching metal fencing. 6. The internal street and alleys shall remain private and not be dedicated to the city. 7. The side elevation of units (Units 1, 8, 9, and 13) fronting Clairmont Road shall be primarily brick or stone in conformity with unit types B and C in the elevations dated May 30, 2018, per the review and approval of the Development Director. 8. HVAC units shall be screened so as to not be visible from public and private roads. 9. The dwellings on lots 20, 21, 28, and 29 shall have sprinkler systems installed. 10. Applicant shall install a second row of appropriate landscape trees to the east of units 21 and 29. 11. All units shall have a minimum four-foot by six-foot covered front porch. Ground-level patios with balconies above shall be considered to meet this requirement. Regular City Council Meeting: 7/17/18 8 of 10

Attachments: Attachment 1 Exhibit A: Site Plan, dated June 12, 2018 Attachment 2 Exhibit B: Application and DCI Booklet dated May 30, 2018 Attachment 3 Location Maps Regular City Council Meeting: 7/17/18 9 of 10