DEVELOPMENT DEPARTMENT STAFF REPORT Public Hearing Date: April 12, 2018 Item #: PZ-2018-248 STAFF REPORT EASTSIDE CHAMBLEE LINK DCI Request: Development of Community Compact (DCI), ten concurrent variances, and two concurrent waivers Project Name: Eastside Chamblee - Link Site Addresses: 5367 New Peachtree Rd Parcel Numbers: 18-299-09-002 Applicant: Jason Nail, Parkside Partners Owners: 5367 NP Chamblee East, LP Proposed Development: Redevelopment of a warehouse building for loft offices. 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 pedestrian-friendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians. Staff Recommendation: ARB Recommendation: District Standards: APPROVAL with conditions of DCI; APPROVAL of nine variances and one waiver; DENIAL of one variance and one waiver APPROVAL with revised conditions of DCI, variances, and waivers VC Zoning District Standards (Secondary Street, Local Street) FAR (max.) 4.0 Front Yard Setback (min.) 0 ft Impervious Surface (max.) 80% Rear Yard Setback (min.) 0 ft Open Space (min.) 20% Side Yard Setback - Interior (min.) 0 ft Building Height (min./max.) 75 ft Landscape/Sidewalk/Supp. Zones (New P tree) 5/10/8 ft Lot Size / Lot Width (min.) N/A Landscape/Sidewalk/Supp. Zones (Burk Terr) 5/5/5 ft Page 1 of 11
Current Use: Vacant commercial building. Surrounding Land Uses: West VC, Multi-family residential (Peachtree Plaza apartments) East VC, Tire store and China Town Mall North VC, Vacant commercial buildings South VC, Multi-family residential (New Peachtree apartments) Future Development Map: The subject property is located within the International Village character area of the Future Development Map in the City of Chamblee Comprehensive Plan. The vision for this character area is twofold: 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 non-residents who desire to experience an authentic international community. The Key Policies and Implementation Measures include the following: 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. Establish incubator for small business start-ups. Site Description: The subject property consists of an approximately 2.3-acre parcel, located at 5367 New Peachtree Rd. The property is a through-lot, with frontage on New Peachtree Rd to the north and Burk Terrace to the South. There are two curb cuts on each frontage. The Iot slopes from north to south, away from New Peachtree Rd. It contains a 39,665-square-foot, one-story brick building with basement, constructed in 1958. The lot is almost entirely impervious surfaces, except for a number of unmaintained grass areas in the large surface parking area in the rear, between the building and Burke Terrace. This two-tiered parking lot is currently in a state of disrepair. There is also a small parking lot between the front of the building and New Peachtree Road. There is an approximately six-foot-tall rock retaining wall that runs along much of the northern section of the west property line. There are currently no sidewalk or other streetscape elements on either frontage. Neither frontage has a MARTA stop. The building has been recently painted on two sides and minor improvements have been made, for which a permit was not required. Site History: Page 2 of 11
There are no previous zoning cases on record for the property. Description of Proposed Project: The applicant has recently purchased the subject property and two properties directly across New Peachtree Rd. The applicant proposes to convert the subject building into 47,000+ square feet of loft offices. The project calls for: - Exterior renovations including roof replacement, enlarged window openings, new skylights, new storefront glazing, architectural elements, painting of existing brick, and adding canopies. Current plans propose changes on the north, south, and west elevations, with no changes to the east elevation; - Installation of streetscape along both street frontages and other site upgrades including landscaping, closing two curb cuts, and adding a ramp for ADA access; and - Interior renovations including new electrical and HVAC system restrooms, showers, and common areas. 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. 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. The placement of the building is not changing. The remodeling of the exterior of the building is in harmony with the character of the surrounding area. The proposed appearance of the building in the renderings provided by the applicant is in keeping with the quality and aesthetics of the newer and recently redeveloped buildings in the area. Page 3 of 11
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 subject property and the surrounding environment are not currently characterized by aesthetic or design coordination. The proposed elevations and site plan show improvement in terms of aesthetics and design over the sporadic building elements and construction materials used for the existing structures. If approved, the two related proposed redevelopment projects across New Peachtree Road would be a significant improvement in the coordination of the area s design components and aesthetics. 3. Design shall protect scenic views, particularly those of open space, and utilize natural features of the site. There are few natural features and little open space present on the site. The applicant will install new open space and green space, although a lesser amount than required by code for full UDO compliance. The scope of work does not affect scenic views. 4. Design shall protect adjacent properties from negative visual and functional impacts. The project will improve the aesthetics of the building and the site in general, which exhibit signs of aging and disrepair such as rust and damage to facades, stairs and landings, parking lot paving, bollards, etc. No negative visual impacts will be created by the proposed development. 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 design respects the character of the immediate area. As a vacant building with a parking lot in disrepair, the site would not currently be considered an integral part of the community life in the City. The applicant proposes to install the required landscape zone and sidewalk zone, which will help provide linkage to other areas. 6. All exterior forms, attached to buildings or not, shall be in conformity with, and secondary to, the building. All exterior forms, attached to the building or not, are in conformity with, and secondary to, the building. 7. The proposed development is suitable in view of the use and development of adjacent and nearby property. The proposed development is suitable in view of the use and development of adjacent and nearby property. The activities that will be conducted onsite are those typical to a commercial office development and will not have any negative impacts on the adjacent properties. Page 4 of 11
8. The proposed development does not adversely affect the existing use or usability of adjacent or nearby property. The proposed development proposal does not adversely affect the existing use or usability of adjacent or nearby property. The proposed development is compatible with the surrounding uses and would provide improved access via new streetscape and sidewalk installation, as well as significantly improved aesthetics. 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. The proposed development would not result in a use which will or could cause an excessive or burdensome use on public facilities or utilities. The project will have to receive approvals from DeKalb County Watershed for water usage and sewer capacity and from the DeKalb County Fire Dept. The property is just over a quarter mile from the Chamblee MARTA station entrance, which makes it within walking distance. Transit-oriented development is supported by the UDO and the Comprehensive Plan. The applicant has also requested a parking reduction, which, in combination with the site s proximity to transit, will result in fewer vehicles entering and leaving the site than the use would otherwise generate. 10. The proposed development is in conformance with the applicable zoning district. The proposed use is allowed in the VC zoning district. The proposed development triggers full compliance with the provisions of the UDO. The applicant has applied for concurrent variances and waivers to bring the development into conformance with the provisions for the VC district. 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 is in conformance with the provisions of the future development plan of the Comprehensive Plan. A vision of the International Village Character Area is, to fortify and sustain the area as a living and working community for all people. Applicant s Concurrent Variance Requests: The project requires approval of variances with respect to the requirements of the UDO. Per Sec. 280-35 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. 230-1(a) to exceed the maximum allowed impervious surface area; 2. Variance from Sec. 230-1(a) to reduce the required amount of open space; Page 5 of 11
3. Variance from Sec. 230-1(b) to remove the requirement of a 20-foot buffer between the subject property and a multifamily use; 4. Variance from Sec. 230-26(a) to reduce the width of the required supplemental zones along both streets; 5. Variance from Sec. 230-27(a)(2) to provide less than 65% fenestration on a street-facing building facade; 6. Variance from Sec. 230-27(f)(1) to not screen roof-mounted mechanical systems; 7. Variance from Sec. 250-2 to reduce the amount of required parking; 8. Variance from Sec. 250-7(a)(1) to allow parking in front of the building; 9. Variance from Sec. 250-21 to allow a dumpster to be located in a front yard; 10. Variance from Sec. 230-30 to vary the requirements for open space. 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 a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; There are extraordinary and exceptional conditions peculiar to the particular property in question because of its size, shape or topography. The site was developed in the 1950s, prior to the adoption of the UDO. The owner recently purchased the property. The lot is a double frontage through-lot, and therefore, per code, has two front yards. The building itself is nearly an acre in size, and was constructed abutting the east lot line, and approximately 30 feet from the west lot line where the one-way driveway and retaining wall are located. These site features make it impossible to meet some code requirements without demolishing the existing building, such as those that regulate dumpster location, driveway and surface parking lot location, the buffer requirement between the abutting apartment property, and minimum required parking. 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 particular piece of property would prevent the adaptive reuse of the building for an office use. Without a parking variance, the site could not accommodate enough parking spaces to be permitted as offices. Without receiving variances from impervious surface and open space regulations, and the supplemental zone for the Burk Terrace frontage, the redevelopment would not be possible, or the lot would have to lose many more parking spaces. The buffer with the apartment property presents a hardship Page 6 of 11
because it would result in the removal of the driveway that connects the front and back of the lot and would mean the elimination of access to the lot from New Peachtree Rd. Without the requested variances, the building would likely either need to continue to be used as warehousing or would need to be demolished and replaced. c. Such conditions are peculiar to the particular piece of property involved; Many of these conditions that result in a hardship are peculiar to this particular piece of property. The size and layout of the existing structure, driveway, and parking lot are unusual, as is the fact that the rear of the property along Burk Terrace is technically a front yard. The parcel s proximity to transit could be considered unusual when compared to other sites with similar parking requirements throughout the City. d. Such conditions are not the result of any actions of the property owner; or The conditions of the property are not the result of any actions of the owner, which recently purchased the property. The property was developed in the 1950s, well before the adoption of the UDO. At the same time, the applicant has requested to not screen accessory mechanical equipment. Unlike renovation of the existing structure and parking lot, the installation of visible new HVAC and similar equipment will be the result of actions of the property owner. e. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. Relief from the aforementioned regulations, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. The project will be a step toward revitalizing this segment of New Peachtree Road. While impervious area and open space requirements will not be met, the applicant has proposed to reduce the current non-conformity on the site by adding landscape areas. Plans also show reduced non-conformity to fenestration requirements. The required buffer adjacent to residential use is intended to mitigate any potential negative visual impacts from commercial uses. The proposed redevelopment would result in significant aesthetic and visual improvements over what is currently on the property. Although the applicant is proposing a use that requires a parking variance, the site is within a walkable distance from the MARTA rail station and is on a MARTA bus line. Page 7 of 11
The streetscape and supplemental zones the applicant is proposing to install along both streets are adequate and will greatly improve the frontages over current conditions. Applicant s Concurrent Waiver Requests: The project requires approval of waivers with respect to the requirements of the UDO. Per Sec. 280-35 of the UDO, concurrent review for waiver applications may be filed with a DCI application. The applicant requests approval of concurrent WAIVERS from the following regulations of Title 3 of the UDO: 1. Waiver from Sec. 320-21(a), to not fully comply with the parking lot landscaping requirements. 2. Waiver from Sec. 350-2(c) to not provide inter-parcel access to abutting lots. 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. The applicant proposes to install perimeter landscaping, as shown on the site plan, and to improve the landscape island that separates the two-tiered surface parking lot in the rear, with groundcover, shrubs and tree plantings. Full compliance with landscaping requirements would result in the need for a more substantial parking variance. The applicant requests to not provide inter-parcel access, or easements for future inter-parcel access to the abutting lots, due to topographical limitations. The property abuts three lots. Inter-parcel access with the Brown s tire store lot along New Peachtree Rd is impractical, and unachievable, due to the fact that the only curb cut along that frontage is on the west side of the building. Inter-parcel access with the other two lots, particularly the lot to the east, is achievable from the area of the surface parking lot in the rear of the building near Burk Terrace. Although provision of inter-parcel access to the abutting lots would likely result in the loss of parking spaces, Staff is of the opinion that access to the lot to the east from the parking lot along Burke Terrace should be maintained and improved, at a minimum for pedestrians, and that accommodations should be made for future access to the lot to the west. Page 8 of 11
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 PZ- 2018-248, and the following variance and waiver requests: 1. A Variance from Sec. 230-1(a) to increase the maximum allowed impervious surface area from 80% to 90%; 2. A Variance from Sec. 230-1(a) to reduce the required amount of open space from 20% to 2.5%; 3. A Variance from Sec. 230-1(b) to reduce the required zoning buffer between the subject property and a multifamily use from 20 ft to 0 ft; 4. A Variance from Sec. 230-26(a) to vary the requirements for the supplemental zones along both streets consistent with the proposed site plan; 5. A Variance from Sec. 230-27(a)(2) to provide less than 65% fenestration on a street-facing building façade, consistent with the proposed renderings; 6. A Variance from Sec. 250-2 to reduce the amount of required parking from 204 parking spaces to 110 parking spaces; 7. A Variance from Sec. 250-7(a)(1) to allow parking in front of the building ; 8. A Variance from Sec. 250-21 to allow a dumpster to be located in a front yard; 9. A Variance from Sec. 230-30 to vary the requirements for open space; 10. A Waiver from Sec. 350-2(c) to not provide inter-parcel access to the property located at 5375 New Peachtree Rd (18 299 09 007); 11. A Waiver from Sec. 320-21(a), to not fully comply with the parking lot landscaping requirements. Staff recommends the following conditions of approval: 1. Development shall be in substantial conformity with EXHIBIT A: DCI Plan Book for 5367 New Peachtree Road, dated received March 16, 2018. 2. Inter-parcel access shall be provided for adjoining parcels located at 5349 New Peachtree Rd (18 299 09 003) and 5379 New Peachtree Rd (18 299 09 008). Access to property located at 5375 New Peachtree Rd (18 299 09 007) is not required. 3. Prior to the issuance of a Certificate of Occupancy, owner/developer shall install pedestrian crossing infrastructure across New Peachtree Road as required by the Development Department. Staff recommends DENIAL of the following variance and waiver requests, as they fail to meet the criteria for approval found in Chapter 280 or Chapter 300: 1. A Variance from Sec. 230-27(f)(1) to not screen roof-mounted mechanical systems. Page 9 of 11
2. A Waiver from Sec. 350-2(c) to not provide inter-parcel access to property located at 5349 New Peachtree Rd (18 299 09 003) and 5379 New Peachtree Rd (18 299 09 008). Architectural Review Board Recommendation: At its April 3, 2018 meeting, based on the analysis of this application using the standards and criteria found in Chapter 280 and Chapter 300 of the UDO, the ARB recommends APPROVAL of DCI application PZ-2018-248 and associated variances and waivers with staff conditions as modified (additions; deletions). 1. A Variance from Sec. 230-1(a) to increase the maximum allowed impervious surface area from 80% to 90%; 2. A Variance from Sec. 230-1(a) to reduce the required amount of open space from 20% to 2.5%; 3. A Variance from Sec. 230-1(b) to reduce the required zoning buffer between the subject property and a multifamily use from 20 ft to 0 ft; 4. A Variance from Sec. 230-26(a) to vary the requirements for the supplemental zones along both streets consistent with the proposed site plan; 5. A Variance from Sec. 230-27(a)(2) to provide less than 65% fenestration on a street-facing building façade, consistent with the proposed renderings; 6. A Variance from Sec. 250-2 to reduce the amount of required parking from 204 parking spaces to 110 parking spaces; 7. A Variance from Sec. 250-7(a)(1) to allow parking in front of the building; 8. A Variance from Sec. 250-21 to allow a dumpster to be located in a front yard; 9. A Variance from Sec. 230-30 to vary the requirements for open space; 10. A Variance from Sec. 230-27(f)(1) to not screen roof-mounted mechanical systems. 11. A Waiver from Sec. 350-2(c) to not provide inter-parcel access to the property located at 5375 New Peachtree Rd., 5349 New Peachtree Rd (18 299 09 003), and 5379 New Peachtree Rd (18 299 09 008); 12. A Waiver from Sec. 320-21(a), to not fully comply with the parking lot landscaping requirements. 13. Denial of a Variance from Sec. 230-27(f)(1) to not screen roof-mounted mechanical systems. 14. Denial of a Waiver from Sec. 350-2(c) to not provide inter-parcel access to property located at 5349 New Peachtree Rd (18 299 09 003) and 5379 New Peachtree Rd (18 299 09 008). Conditions: 1. Development shall be in substantial conformity with EXHIBIT A: DCI Plan Book for 5367 New Peachtree Road, dated received March 16, 2018. 2. Inter-parcel access shall be provided for adjoining parcels located at 5349 New Peachtree Rd (18 299 09 003) and 5379 New Peachtree Rd (18 299 09 008). Access to property located at 5375 New Peachtree Rd (18 299 09 007) is not required. Page 10 of 11
2. The north-facing facade shall have materials in substantial conformity with the plans that were presented by the applicant at the April 3, 2018 ARB meeting (EXHIBIT B), dated received April 3, 2018. Fenestration shall be in substantial conformity with the elevations in Exhibit A. 3. Prior to the issuance of a Certificate of Occupancy, owner/developer shall install pedestrian crossing infrastructure across New Peachtree Road as required by the Development Department. 4. The developer shall add a second handicapped parking space in front of the building along New Peachtree Rd. 5. The developer shall take reasonable steps to reduce the visibility and audibility of any roof mounted mechanical systems. Attachments: Attachment 1 EXHIBIT A: DCI Plan Book for 5367 New Peachtree Road, dated received March 16, 2018 Attachment 2 Application and Letter of Intent Attachment 3 Location Maps Attachment 4 EXHIBIT B: Applicant s ARB exhibits Page 11 of 11