Nut-N-Berries Rezoning Packet 2-5-2014

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MEMORANDUM
MEETING OF: COMMITTEE: DEPARTMENT: February 5, 2014 Planning Commission Community Development
ISSUE/AGENDA ITEM TITLE: RZ13-15 - Atlanta Resource Center - Rezoning Request from R-100 to C-1 at 1296, 1302, 1304 Kendrick Rd. to Construct a Parking Lot BACKGROUND/SUMMARY: Please see attached
STAFF RECOMMENDATION: Please see attached ATTACHMENTS:

Staff Recommendation RZ13-15 RZ13-15 Applicaton RZ 13-15 Site Plan (PDF) RZ13-15 Sketch (PDF) (PDF) FW Zoning Hearing RZ 13-15 (PDF) FW Proposed C-1 zoning - Mark Kick Kendrick property - COMMENTS (PDF) (PDF)
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Rezoning Petition: Date of Staff Recommendation Preparation: Planning Commission Public Hearing Date: Mayor and City Council Public Hearing Date:
RZ13-15 January 29, 2014 February 5, 2014 February 25, 2014
Project Name /Applicant: Property Location: District/Land Lot: Acreage: Existing Zoning: Proposed Zoning:
Atlanta Resource Enterprise, LLLP 1296, 1302 & 1304 Kendrick Road 18th District, Land Lot 241 1.176 acres R-100 (Single-Family Residential) C-1 (Local Commercial)
Future Development Map Designation: Traditional Neighborhood Owner/Petitioner: Mark Kick
Owner/Petitioners Intent: To rezone the subject property from R-100 (Single-Family Residential) to C-1 (Local Commercial) for construction of an accessory parking lot (for adjoining existing business and expansion) Community Development Department Recommendation DENIAL of proposed request for C-1 (Local Commercial) zoning, with an alternative recommendation to approve as NS (Neighborhood Shopping) zoning for construction of an accessory parking lot (for adjoining existing business and expansion).
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Attachment: Staff Recommendation RZ13-15 (1257 : RZ13-15 - Atlanta Resource Center - Rezoning Request from R-100 to C-1 at 1296, 1302,
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Location Map
BACKGROUND The subject site consists of three adjacent lots, owned in common totaling 1.176 acres. The lots are located on the north side of Kendrick Road, west of its intersection with Peachtree Road. The site is currently developed with single-family residences accessed by three individual curb cuts along Kendrick Road. The sites are wooded and contain a steep grade that drops approximately 30 feet from the southeast corner of the property abutting Kendrick Road to the northwest corner of the property. The lots are bordered on the east and north sides by commercial properties zoned C-1 (Local Commercial District) and C-2 (General Commercial District). To the west of the site is a residential structure currently used as a personal care home (Safe Haven), zoned R-100 (Single-Family Residential District). To the east, the applicant owns and operates the retail store Nuts n Berries, located at 4274 Peachtree Road. The applicant seeks to expand their existing business by adding a second story addition and extending the storefront towards Peachtree Road, thus requiring additional parking. In an effort to comply with zoning requirements for parking as a direct effect of the proposed expansion of the commercial structure, the applicant requests to rezone the site to C-1 to construct an accessory surface parking lot. The applicants submitted site plan shows that the required 50-foot transitional buffer zone is proposed adjacent to residentially zoned property to the west and that all three residential structures will be demolished. The applicant proposes to utilize two existing curb cuts for access to the proposed parking lot which will connect to an internal two-way driveway providing access
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around the parking lot and to the service area located to the northeast portion of the property. Additionally, the applicant proposes to locate a water detention area adjacent to the transitional buffer to account for stormwater runoff associated with the parking lot, and will implement an eight-foot wide landscape strip internal to the parking spaces and adjacent to the east property line adjoining existing commercial uses. The applicant has also identified installation of a fifteen-foot wide landscape strip between the proposed parking lot and Kendrick Road which exceeds the minimum width for landscape strips required for surface parking lots. However, the full extent of the required landscape strip for the parking lot shall be maintained interior of the subject property and not encroach into the right-of-way. The Department would note that newly constructed parking lots shall comply with the parking regulations (Sec. 27-766) and parking lot landscaping requirements (Sec. 27-753) as specified in the Zoning Ordinance. NEARBY/SURROUNDING LAND ANALYSIS
Nearby/surrounding properties Adjacent: North North Adjacent: West Across Kendrick Road: South Across Kendrick Road: Southeast Adjacent: East Adjacent: East Adjacent: East
Zoning C-2 OCR R-100 R-100 C-1 C-1 C-1 C-1
Current Land Use(s) Commercial (self-storage facility) Mixed Use (Town Brookhaven) Single-Family Residential (personal care home) Single-Family Residential Commercial (Shell gas station) Commercial (Nuts N Berries) Commercial (Thrive Fitness) Commercial (Peachtree Flowers)
REVIEW STANDARDS AND FACTORS 1. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan? The subject property is identified on the Future Development Map in DeKalb Countys Comprehensive Plan (adopted by the City of Brookhaven) as a traditional neighborhood character area. The traditional neighborhood character area as described is to maintain a predominance of neighborhood-scale commercial uses and identifies neighborhood-serving retail as a primary land use. The proposed request for the C-1 zoning district is not identified as a compatible zoning district for the traditional neighborhood character area. Alternatively, there are other zoning districts such as NS (Neighborhood Shopping) zoning district which would be conforming to the established policies for the area allowing an accessory parking lot in conjunction with expansion of an existing neighborhood retail use (Nuts n Berries).
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2. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties? The subject property could be suitable for an accessory parking lot to serve an existing neighborhood retail use in light of the mixture of institutional and commercial uses abutting the property and if the appropriate buffer is installed. However, the proposed request for the C-1 zoning district is not identified as a compatible zoning district for the traditional neighborhood character area. Approving the property for NS, however, would allow for a zoning district and use that would be suitable for the area and function as a transition between existing commercial and residential uses. Furthermore, with proper conditions to establish an enhanced vegetative screen along the associated frontage of the parking lot adjacent to Kendrick Road would mitigate impacts to residential uses located to the south. 3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned? It appears the subject property has a reasonable economic use as currently zoned. 4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed accessory parking lot, with proper conditions to ensure compatibility with existing commercial, institutional and residential uses found in the area, would not adversely affect the usability of nearby properties. The proposed request for the C-1 zoning district is not identified as a compatible zoning district for the traditional neighborhood character area. Approval of the property for NS would further reduce impacts to the neighborhood by facilitating the removal of uninhabitable residential structures and a nonconforming parking area, and will establish a 50-foot transitional buffer to the west and enhanced landscaping along the Kendrick Road frontage. The NS zoning district would be conforming to the established policies for the character area. 5. 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? The proposed C-1 zoning would not be suitable at this location as it is identified in the Comprehensive Plan as an incompatible zoning district for the character area. However, there are existing commercial uses that extend the full length of the northern and eastern property line adjacent to the subject property and a personal care home currently existing to the west. The implementation of a 50-foot wide transitional buffer adjacent to the west property line and enhanced landscaping to the south, as a result of approving the subject property under the NS zoning district would provide the necessary transition from the subject property to residential uses found in the area. Additionally, the subject property would be conditioned for use as a parking lot only and function to provide off-street parking for expansion of an existing business, further suggesting that the proposed development may be suitable at this location under the NS zoning district.
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6. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources? There are no such known historic buildings, sites, districts or archaeological resources identified by the applicant, or known by staff, to be on or near this property. 7. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? To date, the City of Brookhaven has not received a response from DeKalb County Offices or the DeKalb County School System. The development of an accessory parking lot for expansion of an existing business under the NS zoning district would not cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. DEPARTMENT COMMENTS PUBLIC WORKS 1. Driveway modifications on Peachtree will require GDOT Permit. The Peachtree Road entrance will be restricted to a right turn in only. 2. The handicap ramp on Kendrick and Peachtree shall be updated as necessary. 3. The installation of a stormwater management system is required, including detention, water quality, channel protection, and downstream analysis to the 10% point. If the downstream discharge is a City storm water system, then a capacity analysis is required prior to the issuance of a land disturbance permit. 4. Post Construction Stormwater Facility Maintenance Agreement will be required. BROOKHAVEN POLICE DEPARTMENT The City of Brookhaven Police Department has indicated that the development should have no impact on current police services and will not require additional personnel.
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COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION The Community Development Department recommends DENIAL of RZ13-15 as proposed. If approved, the Department would recommend zoning the subject property as NS for an accessory parking lot for an existing business and expansion. STAFF RECOMMENDED CONDITIONS Should the rezoning be approved as NS (Neighborhood Shopping) Conditional, the Community Development Department recommends the following conditions: 1. The subject property shall be developed for an accessory parking lot in conjunction with the business expansion, in substantial accordance with the site plan prepared by MK Design Associates, PLLC for Mark Kick, received January 2, 2014. Any variances required, if authorized by the Zoning Board of Appeals, may result in altering the site plan to the degree necessary to incorporate revisions or conditions of zoning. 2. Owner/developer shall maintain a transitional buffer as required under the NS zoning district adjacent to the west property line and replant where sparsely vegetated and will be subject to the approval of the City of Brookhaven Arborist. 3. Owner/developer shall complete a combination plat of all properties held in common ownership prior to the issuance of any permit related to the proposed project (Involving properties located at 1296, 1302 and 1304 Kendrick Road and 4274 Peachtree Road). 4. The Street and Sidewalks and Parking requirements of the Brookhaven-Peachtree Overlay District shall be incorporated into the development of the subject property, as approved by the Community Development Director. 5. Owner/developer shall construct a five-foot sidewalk along the entire frontage of Kendrick Road for the subject property with a three-foot wide landscape strip, and shall be subject to review and approval of the Public Works Director. 6. Owner/developer shall implement a 15-foot wide landscape strip for the parking lot adjacent to the right-of-way of Kendrick Road, in compliance with transitional buffer zone planting standards and subject to the approval of the City of Brookhaven Arborist. 7. Only the curb cuts shown on the site plan dated January 2, 2014, may be permitted. No additional curb cuts shall be allowed. 8. Owner/developer shall obtain necessary permit(s) from Georgia Department of Transportation for Peachtree Road driveway modification for the Nuts n Berries property. The Peachtree Road entrance shall be restricted to a right turn-in only. 9. Owner/developer must obtain a demolition permit for removal of all residential structures and associated driveways located on the subject property prior to obtaining any permits related to the proposed expansion or utilization of the property for parking.
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10. Owner/developer shall obtain a Land Disturbance Permit for development of the property, compliant with the requirements of Land Development and Zoning regulations. 11. Utilization of the parking lot shall not be authorized until the required buffer, sidewalk, curb cut, and landscape strip(s) are correctly installed. 12. Owner/developer shall provide stormwater management in accordance with the City Code and a new stormwater maintenance agreement will be required.
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Packet Pg. 19 Attachment: RZ13-15 Applicaton (1257 : RZ13-15 - Atlanta Resource Center - Rezoning Request from R-
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Packet Pg. 28 Attachment: RZ 13-15 Site Plan (1257 : RZ13-15 - Atlanta Resource Center - Rezoning Request from R-100 to C-1 at 1296, 1302, 1304 Kendrick)
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Packet Pg. 29 Attachment: RZ13-15 Sketch (1257 : RZ13-15 - Atlanta Resource Center - Rezoning Request from R-100 to C-1 at 1296, 1302, 1304 Kendrick)
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Packet Pg. 30 Attachment: RZ13-15 Sketch (1257 : RZ13-15 - Atlanta Resource Center - Rezoning Request from R-100 to C-1 at 1296, 1302, 1304 Kendrick)
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From: Sent: To: Subject:
Ben Song Friday, January 31, 2014 12:42 PM Becky Apter FW: Zoning Hearing RZ 13-15
To include in PC packet From: Susan Canon Sent: Thursday, January 30, 2014 12:47 PM To: Ben Song Subject: Fwd: Zoning Hearing RZ 13-15
Sent from my iPhone Begin forwarded message: From: david barrs <dbarrs@ThriveInsights.com> Date: January 30, 2014, 12:45:48 PM EST To: <susan.canon@brookhavenga.gov> Cc: Baxter Thompson <BaxterLThompson@gmail.com> Subject: Zoning Hearing RZ 13-15 Dear Ms. Canon,
I live at 1299 Kendrick Rd, directly across the street from the the parcels included in RZ 13-15. I am representing myself and an informal association of neighbors in the Kendrick Rd area. I am requesting that Baxter Thompson and myself be allowed to speak on this matter at the hearing on Wednesday, February 5. Have a thriving day,
Dave Barrs
Founder & CEO Thrive Insights, LLC dbarrs@ThriveInsights.com O. 770 552 7000 C. 404 536 4546 4060 Peachtree Rd, NE Suite D285 Atlanta, GA 30319
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Attachment: FW Zoning Hearing RZ 13-15 (1257 : RZ13-15 - Atlanta Resource Center - Rezoning Request from R-100 to C-1 at 1296, 1302, 1304
Becky Apter
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This e-mail message (including any attachments) is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message (including any attachments) is strictly prohibited. If you have received this message in error, please contact the sender and destroy all copies of the original message (including attachments). The City of Brookhaven is a public entity subject to the Official Code of Georgia Annotated 50-18-70 to 50-18-76 concerning public records. Email is covered under such laws and thus may be subject to disclosure.
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Attachment: FW Zoning Hearing RZ 13-15 (1257 : RZ13-15 - Atlanta Resource Center - Rezoning Request from R-100 to C-1 at 1296, 1302, 1304
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Becky Apter
From: Sent: To: Subject: Importance: Ben Song Friday, January 31, 2014 12:41 PM Becky Apter FW: Proposed C-1 zoning - Mark Kick Kendrick property - COMMENTS High
To include in PC packet. From: Michael Elliot [mailto:melliot@mindspring.com] Sent: Wednesday, January 29, 2014 12:31 PM To: Ben Song Subject: Proposed C-1 zoning - Mark Kick Kendrick property - COMMENTS Importance: High Ben: Even though this zoning request is now for C-1 and not OCR, there has been no change in the form or substance of the request, need, intent, planned improvement or community impact. The requested C-1 zoning is necessitated since the previously requested OCR zoning could not be approved due to the 2 acre minimum lot requirement. The previous Brookhaven staff opinion supported the OCR zoning change for this parking, and no change in position for this C-1 zoning request is warranted. The requested C-1 change in zoning is for the immediate purpose of allowing / validating previously legally non-conforming parking to support Nuts N Berries, a long established and successful commercial business on Peachtree Road. A failure to approve the requested change in zoning will prevent this business from having needed parking and will create operational and customer problems. Without this parking, planned improvements to their existing building will also be prevented. Furthermore, a lack of adequate parking may necessitate this business to relocate at an unnecessary expense and possibly to leave the City of Brookhaven after many years of successful operation. From a larger perspective, the commercial property fronting Peachtree Road from Town Brookhaven to Osborne lacks adequate depth of properly zoned property to be developed in compliance with the vision of the LCI study. This lack of depth will discourage or prevent appropriate pedestrian oriented mixed use development due to the inability of these properties to develop adequate off street parking. Mr. Kick planned for his long term business needs by acquiring the subject property many years ago and now plans to use that property to provide parking to support his existing business and allow its expansion. A possible future benefit of rezoning this property to allow parking may be that the other properties fronting Peachtree adjoining the subject property might also be developed as mixed use property, compliant with the recommendations of the Brookhaven LCI study. The opposition from most of the area residents is that to protest adjoining commercial contradicts the reality of their home purchase decisions & is somewhat puzzling. At least on half of the houses along Tallulah and Kendrick are bordered by commercial development with no apparent setbacks, no buffer zone and significant height. The homes on Kendrick that abut Town Brookhaven have unobstructed views of 8 story residential structures and a commercial service drive. All or most homes were constructed long after Nuts N Berries
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Attachment: FW Proposed C-1 zoning - Mark Kick Kendrick property - COMMENTS (1257 : RZ13-15 - Atlanta Resource Center - Rezoning
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With the exception of proposed parking, I personally do not think that the subject property should not be used for additional / other commercial / retail purposes; however, unfortunately the C-1 zoning does not allow residential uses an unfortunate problem that OCR would have addressed. After considering both the C-1 & OCR zoning, it is apparent to me that both are designed for suburban applications and not appropriate for the urban infill application of this site and other similar properties. While the subject property is not covered by the Brookhaven Overlay, in retrospect it should have been a mistake in my opinion, and a change that should be considered at a later date. I hope that my comments have some value for you in considering this application and formulating your staff opinion. Feel free to contact me with any questions or additional information needs. Best regards, Mike
This e-mail message (including any attachments) is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message (including any attachments) is strictly prohibited. If you have received this message in error, please contact the sender and destroy all copies of the original message (including attachments). The City of Brookhaven is a public entity subject to the Official Code of Georgia Annotated 50-18-70 to 50-18-76 concerning public records. Email is covered under such laws and thus may be subject to disclosure.
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Attachment: FW Proposed C-1 zoning - Mark Kick Kendrick property - COMMENTS (1257 : RZ13-15 - Atlanta Resource Center - Rezoning
established their current location and the residential property that Mr. Kick used for additional parking. In addition, some residents have enjoyed Mr. Kicks generosity by using his property to park their trailers, boats and other equipment not appropriate for their own homes. It reminds me of the people that live in the flight path of PDK when that airport has been active for the past 80 years.

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E.

STAFF RECOMMENDATION: Please see attached ATTACHMENTS:

RZ13-15 January 29, 2014 February 5, 2014 February 25, 2014

Future Development Map Designation: Traditional Neighborhood Owner/Petitioner: Mark Kick

Zoning C-2 OCR R-100 R-100 C-1 C-1 C-1 C-1

From: Sent: To: Subject:

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