PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: March 14, 2019 Item #: PZ2019-429 SAVOY DRIVE AREA ZONING MAP AMENDMENT II Project Name: Savoy Drive Area Zoning Map Amendment II Site Addresses: Multiple site addresses (Exhibit A) Parcel Numbers: Multiple parcel numbers (Exhibit A) Proposed Action: Amend the official zoning map by rezoning multiple parcels from Corridor Commercial (CC) to Village Residential (VR); and from VR to Village Commercial (VC) Kingston Gate Subdivision Savoy Drive N Shallowford Rd Area Savoy Drive Current Zoning District: CC Proposed Zoning District: VR Current Uses: Townhomes Character Area: Perimeter Commercial Mix Surrounding Land Uses: North CC: Hotel construction; Self-Storage South NR-1: Single-family residential East NR-1: Single-family residential West City of Brookhaven Current Zoning District: VR Proposed Zoning District: VC Current Uses: Apartments and duplexes Character Area: Perimeter Commercial Mix Surrounding Land Uses: North VC: City-owned undeveloped land South VR: Multi-family East CC: apartments, offices; VC: vacant West NR-1: Huntley Hills subdivision Page 1 of 5
Site Description and History: The subject areas, as identified on the proposed zoning actions parcel list (Exhibit A) and overview of proposed zoning actions map (Exhibit B), consist of the Kingston Gate townhomes, and the multi-family residential and duplex properties located between N Shallowford Rd and N Peachtree Rd. The Mayor and City Council, in early 2018, directed staff to look into the city rezoning parcels in the Savoy Dr corridor area to encourage greater density and a mix of uses. On January 19, 2019, the city rezoned much of the Corridor to Mixed-Use Business Center (MU-BC), and some to VC. The Kingston Gate subdivision was not a part of that rezoning action, however during the process it was discussed amongst Council that the VR zoning district is a more appropriate zoning district for the subdivision than its current zoning district, CC. The properties located between N Shallowford Rd and N Peachtree Rd were proposed to be rezoned to VC in January. Council excluded those properties from the motion to rezone on January 19 in order for staff to provide additional public notification for potentially affected property owners. On February 25 th, staff mailed notices to property owners who own property within 250 ft of the properties proposed to be rezoned. Description of proposed action: Rezone the Kingston Gate subdivision from CC to VR, and rezone the properties located between N Shallowford Rd and N Peachtree Rd from VR to VC, as indicated on the proposed zoning actions parcel list (Exhibit A), and as illustrated on the overview of proposed zoning actions map (Exhibit B). Review and Approval Criteria: Per Section 280-17(b), the following review and approval criteria shall be used in reviewing and taking action on all Zoning Map amendments: (1) The existing uses and zoning of nearby property; The rezoning proposal is compatible with existing uses and zoning of nearby property. The property to the north of the Kingston Gate subdivision is zoned MU-BC and the property to the south and east of it is zoned NR-1. The rezoning to VR will ensure that development of the abutting MU-BC parcels is compatible with the single-family residential uses in the NR-1 district to the east and the south. The properties located in the Huntley Hills subdivision to the west of the properties proposed to be rezoned between N Shallowford Rd and N Peachtree Rd are zoned NR-1 and all contain single-family residential dwellings. To the east are a large garden-style multi-family development, townhomes, and low-density commercial offices all of which are zoned CC. (2) The extent to which property values are diminished by their particular zoning restrictions; Page 2 of 5
The existing VR zoning district of the properties located between N Shallowford Rd and N Peachtree Rd constrains potential development, and therefore property values, primarily by height, FAR, lot coverage, and use limitations. Kingston Gate s zoning could diminish property values due to the CC s prohibition of townhomes, which makes the existing subdivision s use legally non-conforming. (3) The extent to which the possible reduction of property values of the subject property promotes the health, safety, morals or general welfare of the public; Current zoning regulations are unlikely to promote public health, safety, morals, welfare more effectively than the proposed zoning districts. (4) The relative harm to the public as compared to the hardship imposed upon the individual property owner; The subject properties will have the opportunity to be developed under VC dimensional standards and use regulations in a manner that mitigates potential negative impacts to the public. Any development over 20,000 square feet, or on a site of 2 acres or more, will still be reviewed by Mayor and City Council as a DCI. Legal non-conforming uses will continue to be allowed to operate in their current state as permitted under the UDO. (5) The suitability of the subject property for the zoning proposed; The current zoning districts of properties in the project area do not achieve the City s vision for the area. When this area was annexed in 2011, CC, and VR were deemed the most appropriate zoning districts in the Unified Development Ordinance (UDO), and were the best fit to achieve the vision in the Comprehensive Plan. The City s Strategic Economic Development Plan (SEDP), adopted in 2017, identifies much of the Savoy Dr corridor area as an Opportunity Area. The SEDP states: Moving forward, the focus of development in this area is upscale high-rise buildings and mixed use development that take advantage of the area s proximity to Perimeter Center and the health services cluster that exists there. Isolated residential parcels can be converted to uses that complement surrounding development. The nearby Savoy Drive area is located along a major vehicular corridor with entrances and exits to I-285, and is situated less than a mile from the Perimeter area that has seen significantly more new development in recent years. The properties located at 4203 and 4211 North Shallowford Rd are included in the Opportunity Area. The VC zoning district is a more appropriate zoning district here to achieve the City s vision than the VR district. Zoning district standards are attached (Exhibit C). Additionally, the subject properties between N Shallowford Rd and N Peachtree Rd is separated from NR-1-zoned properties by public streets, which provides buffering to single-family neighborhoods to the west in the Neighborhood Living character area from intrusive development. The Kingston Gate subdivision is currently legal non-conforming in terms of use due to the fact that townhomes are no longer permitted in the CC zoning district. Townhomes are an allowed Page 3 of 5
use in the VR zoning district. The VR district is more appropriate for the Kingston Gate subdivision and surrounding area. (6) The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property; The subject parcels are currently occupied with residential uses. (7) Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property; The zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. The rezoning of the Kingston Gate properties from CC to VR will reduce the allowable building height there from 40 ft to 48 ft, will apply setbacks from the street, and will restrict uses to those which are allowed in the VR district, which include residential uses and low-density nonresidential uses which are more compatible with residential areas than those allowed in the CC district. (8) Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property; The zoning proposal for the properties located between N Peachtree Rd and N Shallowford Rd will not adversely affect the existing use or usability of adjacent or nearby property. The existing zoning buffers affecting all properties involved are not changing. Additionally, neighborhoods are also protected from intrusions by non-compatible adjacent and nearby uses by the fact that developments with more than 20,000 square feet of new building, or on a site of 2 acres or more, trigger review by Mayor and City Council due to their potential impacts. (9) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; The subject properties have a reasonable economic use as currently designated on the Future Development Map. (10) Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools; The zoning proposal will not result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools. There are unlikely to be any significant changes to land uses at Kingston Gate in the foreseeable future. On the properties proposed to be rezoned to VC, any large-scale new development would require input from DeKalb County Schools on the impact the project will have on future enrollments. Sewer and Fire approval are required in order for any land disturbance permit or building permit to be issued. Page 4 of 5
(11) Whether the zoning proposal is in conformity with the policy and intent of the future development map; and The zoning proposal is in conformity with the policy and intent of the future development map. Both zoning districts are appropriate for the Perimeter Commercial Mix character area. (12) Whether there are other existing or changing conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the zoning proposal. There are some existing and some changing conditions affecting the use and development of the properties which support grounds for approval. Many properties in the area were recently rezoned to MU-BC or to VC to achieve the vision for the area. The VC zoning district fits in better than the VR district for properties located between N Shallowford Rd and N Peachtree RD towards achieving the vision for the area. Single-family residential attached properties in the VR district have certain zoning buffer protections that those in CC do not have. Additionally, the townhomes are currently legal nonconforming in terms of use, as townhomes are no longer allowed in the CC zoning district. The rezoning will bring them into zoning conformity in terms of use. Staff Recommendation: Based on the analysis of this application, using the standards and criteria found in Chapter 280 of the UDO, staff recommends APPROVAL of the following proposed zoning action: PZ2019-429: Amend the official zoning map by rezoning multiple parcels from Corridor Commercial (CC) to Village Residential (VR); and from VR to Village Commercial (VC) (Exhibits A & B). Attachments: 1 - Exhibit A: Address and Parcel List 2 - Exhibit B: Overview of Proposed Zoning Actions Map 3 - Exhibit C: Zoning District Standards 4 - Exhibit D: Ordinance for Rezoning 5 - Exhibit E: Official Zoning Map for Rezoning Page 5 of 5