2013-09-04 Planning Commission - Full Agenda-1095

7/30/2019 2013-09-04 Planning Commission - Full Agenda-1095

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CITY OF BROOKHAVEN

PLANNING COMMISSION MEMBERS

City of Brookhaven 9/4/2013 7:00 PM Page 1

Stan Segal ChairmanShannon Cameron

Jack Honderd

Adrian Schmidt

John Funny

Rob FrancourJohn Hess

AGENDA

September 4, 2013 Regular Meeting 7:00 PM

2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

A) CALL TO ORDER

B) APPROVAL OF MINUTES

1. Approval of August 5, 2013 Planning Commission Work Session Meeting Minutes

2. Approval of August 7, 2013 Planning Commission Regular Meeting Minutes

C) ORGANIZATIONAL AND PROCEDURAL ITEMS

D) UNFINISHED BUSINESS

E) NEW BUSINESS

1. Rezoning Ordinance (ID # 1137): RZ13-09 - Churchill Partners, LLC - RezoningRequest from R-100 to R-75 Property Located at 3369 Osborne Road for Two SingleFamily Residential Lots

F) ORDINANCES

G) ADJOURNMENT


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CITY OF BROOKHAVEN


City of Brookhaven 8/5/2013 11:30 AM Page 1

DRAFT MINUTES

August 5, 2013 Work Session Meeting 11:30 AM

200 Ashford Center N, Suite 150, Dunwoody, GA 30338

A) CALL TO ORDER

Attendee Name Title Status Arrived

Stan Segal Chairman Present

Shannon Cameron Present

Jack Honderd Present

Adrian Schmidt Present

John Funny Absent

Rob Francour Absent

John Hess Present

B) ORGANIZATIONAL AND PROCEDURAL ITEMS

Chairman Stan Segal asked the staff to identify any procedural or organization items. Director of Community

Development, Susan Canon, mentioned the LCI process and that training will be set up for members of the

Commission. In regard to public hearings, she explained that the proper procedure for speakers is that the total time

for proponent and opponents is up to ten minutes to speak

The Commission discussed public hearings as it relates to deferrals, tabling items and public comment. They all

agreed that the Planning Commissions role is limited to agenda items and general public comments are the role of

the City Council. Commissioner Cameron asked that there be a document such as a FAQ that explains procedures

of the Planning Commission. Susan Canon explained that because the city is in the formational stages it is a bit

preliminary to create since it may change. She explained that fact sheets had been created for all boards and that

they were currently under review.

C) UNFINISHED BUSINESS

RZ13-03 - Height Text AmendmentSusan explained that the text amendment to height was not on the agenda because Council opted to move the item

forward and not defer it. She cited that the Council will have the second reading on the item August 13, 2013.

RZ13-01 - 1475 N Druid Hills Rd.Director Canon explained that the applicants request to rezone the site from R-75 to R-A8 to construct a 31-unit

townhome project with a proposed density of 7.93 dwelling units per acre and that it is supported by the

Comprehensive Plan. She cited that the applicant has agreed to all the staff recommended conditions and mentioned

that the applicant may add additional conditions. Chairman, Stan Segal, stated that emails concerning theapplication were left out of the packet. Susan Canon made note that staff will find all of the emails and include them

in the next packet. Questions were asked concerning traffic and impact and answered by Director Canon.

D) NEW BUSINESS

RZ13-06Director Canon explained Artisan Home Crafters request to rezone 2.16 acres located at 1107, 1111, and 1115

Wright Avenue and 1977 and 1987 E Roxboro Road from R-NCD to R-60 to build 10 new single family detached

homes. She cited that they are requesting to build at half the density of what the Comprehensive Plan calls for

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Minutes Planning Commission August 5, 2013

City of Brookhaven Page 2 Updated 8/28/2013 2:46 PM

within the Suburban Character area. Staff mentioned that the applicant has agreed to the conditions outlined in the

memo. Commissioner Adrian Schmidt explained the history of the former proposed project and the manner in

which it has evolved due to the downturn in the market.

RZ13-07Director Canon explained Residential South Partners request to rezone 2.92 acres located at 1440 and 1448 Harts

Mill Rd. She cited that they are requesting to change a previously approved condition to allow for the constructionof twelve single family detached homes, for a revised density of 4.11 dwelling units per acre. She said that such

density will be half the density of what the Comprehensive Plan calls for within the Suburban Character area.

RZ13-08Director Canon explained the last item is a text amendment to the Citys Zoning Ordinance to bring the zoning

ordinance and sexually oriented business ordinance in line with each other. She cited that there will be a legal

representative at the meeting.

E) ADJOURNMENT

Adjournment:Chairman Segal adjourned the meeting at 1:08pm

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CITY OF BROOKHAVEN


City of Brookhaven 8/7/2013 7:00 PM Page 1

DRAFT MINUTES

August 7, 2013 Regular Meeting 7:00 PM

2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

A) CALL TO ORDER

Commissioner Segal called the meeting to order 7:03. Commissioner Segal called the roll, all members were

present. He then informed the public of the roll of the planning commission and asked the public to fill out comment

cards if they wanted to speak.

Attendee Name Title Status Arrived

Stan Segal Chairman Present

Shannon Cameron Present

Jack Honderd Present

Adrian Schmidt Present

John Funny PresentRob Francour Present

John Hess Present

B) APPROVAL OF MINUTES

1. Approval of July 3, 2013 Planning Commission Work Session Meeting Minutes

RESULT: ACCEPTED [UNANIMOUS]

MOVER: John Funny

SECONDER: Shannon Cameron

AYES: Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

2. Approval of July 3, 2013 Planning Commission Regular Meeting Minutes

RESULT: ACCEPTED [UNANIMOUS]

MOVER: John Funny



C) ORGANIZATIONAL AND PROCEDURAL ITEMSCommissioner Segal informed the public of the procedure for the meeting. He explained that the Community

Development Director would present the item. The applicant would speak for ten min, then ten min would be

allotted for opposition and supporting opinions.

D) UNFINISHED BUSINESS

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City of Brookhaven Page 2 Updated 8/28/2013 9:04 AM

A) RZ13-01: 1475 N Druid Hi ll s Rd.

1. Commissioner Segal Opened the Public Hearing for RZ13-01 - 1475 N Druid HillsRd.

2. Susan CanonCommunity Development Director Canon presented the staff report to the Planning Commission on RZ13-

01-1475 N Druid Hills.

3. Applicant- Doug Dillard

Mr. Dillard introduced himself, thanked the commission for continuing the discussion on his case and

expressed confidence that a resolution with the surrounding residents would soon be reached. He

introduced the architectural team who gave a presentation on the interior and exterior design elements of

the proposed town home development. Mr. Francour asked about what architectural designs were being

considered for the boarding town homes. The architect explained that every boarding building would have

a different floor plan.

4. Ron HenneyMr. Henney stated his residence on Matthews Street and spoke in opposition of the proposed development.

He expressed optimism for the progress that had occurred between the developer and the neighborhoods

but claimed that nothing had been finalized in writing. He offered statistics on the buffer zones between his

property and the proposed development and requested an extension of the buffer line. He also claimed that

if the number of units was not lowered then the quality of life and the property values of the surrounding

areas would diminish.

5. Kerry Witt

Mr. Witt spoke in opposition of the proposed rezoning application. He cited the proposed density and

historical expansion of town home developments as a justification for his opposition. He proposed

developing single family R-60 homes in the North Druid Hills frontage in order to prevent the town home

development from expanding across the road.

6. J Michael Neumeier

Mr. Neumeier spoke in opposition of the proposed rezoning and based his opposition on the increased

density and potential for the addition of a new street light on North Druid Hills Rd.

7. Beth Taylor

Ms. Taylor spoke in opposition of the zoning and cited changes in density to the surrounding areas. She

also expressed concerns with the precedence that would be set on North Druid Hills if the re-zoning was

approved. She stated that the value of her home and her neighbor's homes would be adversely affected due

to the low price point and high density of the proposed development. She also stated that she was in

opposition of connectivity between the development and her street.

8. Andrew Kauss

Mr. Kauss spoke in opposition of the requested rezoning case and stated that his residence, Villa De Vista,

was an adjacent property that would be the most impacted by the proposed development. He claimed that

the requested density was unconstitutional and challenged the commission to consider the zoning

classifications of the surrounding properties. He claimed that the maximum defensible density for the

property was five units per acre.

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9. Motion to extend the public hearing portion of the agenda by 3 minutes for members

of the public and the applicant.

RESULT: APPROVED [UNANIMOUS]

MOVER: John Funny

SECONDER: John HessAYES: Segal, Cameron, Honderd, Schmidt, Funny, Francour, Hess

10. Doug Dillard

Mr. Dillard addressed opposition claims from the public and pointed out that his proposed density was in

line with the DeKalb County Comprehensive plan. He offered a narrative of the development trends in the

area and the movement towards a more urban developed environment. He requested approval of his

proposed rezoning with the conditions of staff and his submitted conditions.

11. Mary Novotny

Ms. Novotny spoke in opposition of the development and expressed concerns that the site plan for the

proposed development contained no connectivity plans. She requested assurance from the commission thatthe proposed development would provide good neighbors and benefit the entire community.

12. Doug Dillard

Mr. Dillard addressed the connectivity issues that had been raised by Ms. Novotny.

13. Commissioner Segal Closed the Public Hearing for RZ13-01 - 1475 N Druid Hills

Rd.

14. Commission Discussion

Members of the Commission expressed comments about the proposed development and asked questions of

member of the public and the applicant relating to the support and opposition of the project.

15. Rezoning Ordinance (ID # 1098): RZ13-01 - 1475 N Druid HIlls Rd: Rezoning of a

3.9 Acre Parcel Located at 1475 North Druid Hills Road, NE, Atlanta, Georgia

30319, from R-75 to R-A8 to Allow for the Construction of a 31-Unit Townhome

Project. Tax Parcel Number of the Subject Property is 18 200 04 042. (Applicantrequested deferral during Planning Commission Hearing. Planning Commission

recommended deferral).

Recommended with three amendments

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RESULT: REC. FAVORABLY WITH CONDITIONS [6 TO 1] Next:

9/10/2013 7:00 PM

MOVER: Shannon Cameron

SECONDER: John Funny

AYES: Segal, Cameron, Honderd, Schmidt, Funny, HessNAYS: Francour

16. Motion to amend the original motion to strike item five and six of the applicant's

letter and to amend item seven to state that it is in accordance with the Storm Water

Managment Act 14-40





17. Motion to amend the original motion to include the site plans A -101, A-102, A-103,and A-104


MOVER: Stan Segal, Chairman



18. Motion to amend the original motion to strike item three of the applicant's conditionsfrom the original motion





E) NEW BUSINESS

A) RZ13-06: Roxboro Rd. and Wright Ave

1. Commissioner Segal Opened the Public Hearing for RZ13-06 - E Roxboro Rd and

Wright Ave

2. Susan Canon

Community Development Director Canon presented the staff report to the Planning Commission on RZ-13-

06 E Roxboro Rd and Wright Ave.

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3. Applicant - Shea Roberts

Ms. Roberts provided an account of the history of the property and stated her representation for the

property owners. She explained that the request for rezoning was submitted because the property owners

had a desire to develop the undeveloped land.

4. Kerry Witt

Mr. Witt spoke in favor of the proposed rezoning and stated that he was opposed to the original zoning of

the property. He referenced a 20ft easement along Roxboro Rd on the property that was created in the

original zoning.

5. J. Michael Neumeier

Mr. Neumeier spoke in support of the proposed rezoning and pointed out specific details of the

development that led to his support.

6. Dr. Charles Ruhl

Dr. Ruhl spoke in opposition of the proposed rezoning and claimed that he was a property owner of lots

1977 and 1987 on Roxboro Rd. He claimed that he was not in possession of a contract for the development

and he had not approved the redevelopment of his property.

7. Applicant- Shea Roberts

Ms. Roberts offered some clarification on the contract questions and stated that she could not confirm that

all notarized signatures from property owners had been received.

8. Laurel David

Ms. David spoke in opposition of the proposed redevelopment and stated that she was the attorney who

handled the rezoning in 2011. She submitted a packet of information to the Commission that included

Georgia and DeKalb County code sections that challenged the legality of the proposed development and

rezoning. She also pointed out some of the original conditions of the initial rezoning and cited the site plan

and the 30ft dedication that was granted to the right of way on Roxboro Rd to allow for future road

expansion.

9. Director, Commission, and Applicant Discussion

The Applicant requested deferral based on the new events. Director Canon pointed out that the public

hearing had already been opened, therefore the planning commission could only defer their

recommendation. She also pointed out that the staff would move forward with what was believed to be a

valid application and that it would be the burden of the applicant, and eventually the City Council, to fix

and then approve the legality of the application. Members of the Commission submitted questions to

Director Canon regarding the proper procedure to move forward, and the conditions of the application.

10. Kerry Witt

Mr. Witt commented on the legality of the application and claimed that it would be improper to close offopportunities for the public to comment on the application in the future.

11. Applicant- Shea Roberts

Ms. Roberts expressed reservations to proceed with the application. She addressed statements made by the

opposition.

12. Commissioner Segal Closed the Public Hearing for RZ13-06 - Roxboro Rd andWright Ave

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13. Rezoning Ordinance (ID # 1124): Rz13-06: Artisan Home Crafters, LLC, C/O

Roberts & Daughdrill, P.C.; Request to Rezone 2.16 Acres Located 1107, 1111, and

1115 Wright Avenue; 1977 and 1987 E Roxboro Road, Atlanta Ga 30324 from R-NCD to R-60 to Build 10 New Single Family Detached Homes

Recommended with staff's conditions and additional condition to add two foot beauty strip to sidewalks. A

discussion ensued among the members of the commission about the substance of the public hearing for thisitem. Commissioner Segal requested an amendment to the motion to include the statement that the

recommendation was contingent upon the legality of the application. An additional condition was added to

include sidewalks along Wright Avenue.

RESULT: REC. FAVORABLY WITH CONDITIONS [6 TO 1] Next:

8/27/2013 7:00 PM

MOVER: Rob Francour


AYES: Segal, Cameron, Honderd, Funny, Francour, Hess

NAYS: Schmidt

14. Motion to add item number five to the recommendations and conditions to define

sidewalks as five foot wide with two foot beauty strips.



SECONDER: John Hess


15. Motion to make the recommended approval of the application contigent upon clear

and legal ownership of the application.





16. Motion to add sidewalks along the entire frontage of the property including WrightAvenue.

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MOVER: Jack Honderd



B) RZ13-07: 1440 and 1448 Harts M il l Rd

1. Commissioner Segal Opened the Public Hearing for Rz13-07 1440 and 1448 Harts

Mill Rd

2. Susan Canon

Community Development Director Canon presented the staff report to the Planning Commission on RZ-13-

07: 1440 and 1448 Harts Mill Rd. She reported that the staff recommended approval of the application with

four conditions and explained that the applicant needed to provide confirmation of agreement or

disagreement of the conditions. Mr. Funny inquired about the details of condition number two.

3. Applicant- Doug Dillard

Mr. Dillard accepted staff's conditions and requested approval of the application.

4. Richard Gallagher

Mr. Gallagher commented on the proposed development and claimed that his neighborhood, New Haven,

had not been contacted by the developer. He cited elevation variations with neighboring properties and

expressed concerns with the flow of storm water as a result of an increase in density on surrounding

properties. He also requested assurance that New Haven's perimeter fencing would not be affected. He

expressed concerns with the traffic flow outside of his neighborhood and commented on the proposed

developments affects to the current surrounding landscaping.

5. Doug Dillard

Mr. Dillard expressed a willingness to meet with residents of New Haven to work out their concerns and

explained the purpose of the request for rezoning. He requested approval with the understanding that the

applicant would meet with the New Haven. Mr. Francour inquired about the details of the road in the

proposed development.

6. Commissioner Segal Closed the Public Hearing for Rz13-07 1440 and 1448 Harts

Mill Rd

7. Rezoning Ordinance (ID # 1125): Rz13-07: Residential South Partners, LLC, Seeks

the Following: Rezoning of 2.92 Acres Located at 1440 and 1448 Harts Mill Road,

Atlanta GA 30319, from R-A5c to R-A5c (A Change to Previously ApprovedConditions) to Allow for the Construction of Twelve (12) Single Family DetachedHomes.

Recommended favorably with staff's conditions.

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RESULT: REC. FAVORABLY WITH CONDITIONS [UNANIMOUS]

Next: 8/27/2013 7:00 PM

MOVER: John Funny

SECONDER: Adrian Schmidt


C) RZ13-08 Zoning Text Amendment

1. Commissioner Segal Opened the Public Hearing for RZ13-08 Zoning Text

Amendment

2. Susan Canon

Community Development Director Canon presented the staff's report for RZ13-08 Zoning Text

Amendment, and introduced Bryan Dykes to give an overview of the purpose of the amendment.

3. Bryan Dykes

Mr. Dykes introduced himself and offered a brief historical account of his work with the City Attorney's

office to develop sexual orientated business regulations. He explained that the current zoning amendment

was not an additional law, but the harmonization of multiple laws that had recently been approved by the

City Council. He offered an explanation of the legal justification for secondary effects, and cited and

summarized numerous legal precedents to support his explanation. He introduced into the record a CD

compilation of secondary effects evidence.

4. Aubrey Villines

Mr. Villines introduced himself, thanked the Commission for their service and stated that he was opposed

to the Zoning Ordinance text amendment. He claimed that the text amendment was a product of a law suit

filed by the Pink Pony which pointed out numerous deficiencies in the city's current laws. He continued to

substantiate his opposition by offering an abstract characterization of the justification of secondary effects

evidence to support regulatory laws. He also summarized a history of adult businesses in DeKalb County.

5. Commissioner Segal Closed the Public Hearing for RZ13-08 Zoning Text

Amendment

6. Commission Discussion

Mr. Hess expressed concerns with the proposed text amendments and commented on the complexity of the

language. He expressed a desire to have more time to review the proposed amendment in order to examine

the implications of it. Commissioner Segal pointed out that it was the responsibility of the Commission to

make a recommendation on the land-use aspects of zoning items. Director Canon pointed out that the text

amendment was initiated by the city, drafted by the legal team, and recommended by staff. She explained

that Mr. Dykes was one of the authors of the amendment and was there to answer any questions about thelegal language within it. Mr. Francour expressed a desire to abstain from the vote.

7. Motion to extend approval of RZ13-08 to the October 2, 2013 Planning Commission

Regular Meeting

Ms. Cameron pointed out that it was not within the responsibility of the commission to amend the legal

language of a staff recommended amendment. She felt that it was not necessary to extend the item for 60

days because that extension would not bind the City Council from acting on the item at the next

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amendment. She claimed that the text amendment was too important to postpone and that it would be a

waste of time to defer their recommendation. Commissioner Segal commented on the land use aspects of

the text amendment and expressed agreement with Ms. Cameron's statements. Mr. Hondred expressed

confusion with the complexity of the ordinance and stated that he would prefer refraining from a

recommendation thus leaving the decision up to the council. Mr. Schmidt made reference to goal of the city

relating to adoption and improvements to DeKalb's Code of Ordinances and stated that it seemed like the

text amendment was an application of that principal. He referenced section fifteen of the amendment and

asked for further clarification of its details. Bryan Dykes explained that the referenced findings were taken

into consideration during the approval of the licensing ordinance back in January. Mr. Funny pointed out

that the legal representation had presented the commission with an approved document, that it contained

simplistic land use questions, and that the commission should feel comfortable with acting on. Mr. Hess

asked for further clarification on Mr. Schmidt's questions.

RESULT: DEFEATED [2 TO 5]

MOVER: John Hess

SECONDER: Jack Honderd

AYES: Honderd, Hess

NAYS: Segal, Cameron, Schmidt, Funny, Francour

8. Ordinance (ID # 1126): RZ13-08: Text Amendment to Amend the City's ZoningOrdinance with Regard to Adult Entertainment Establishments and Sexually Oriented

Businesses.

Mr. Hess pointed out that he did not have a moral objection to the issue and expressed a concern with cost

associated with the legal assistance for the matter. He questioned the review factors relating to the cost

associated with a project. Director Canon attempted to offer an explanation of his concerns.

RESULT: RECOMMENDED FAVORABLY [5 TO 2] Next: 8/27/2013 7:00

PM

MOVER: Shannon CameronSECONDER: John Funny

AYES: Segal, Cameron, Schmidt, Funny, Francour

NAYS: Honderd, Hess

F) ADJOURNMENT

1. Motion to Adjourn


MOVER: Jack Honderd



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Page 1

MEMORANDUM

MEETING OF: September 04, 2013

COMMITTEE: Planning Commission

DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE:

RZ13-09 - Churchill Partners, LLC - Rezoning Request from R-100 to R-75 Property Located at3369 Osborne Road for Two Single Family Residential Lots

BACKGROUND/SUMMARY:Please see attached staff recommendation.

FISCAL IMPACT: (Budgetedover or under)N/A

STAFF RECOMMENDATION:Please see attachment - Staff Recommendation RZ13-09.

ATTACHMENTS:

Staff Recommendation RZ13-09 (PDF) RZ13-09 Application (PDF) RZ13-09 Site Plan (PDF) Opposition received prior to PC on 9-4-2013 (PDF)

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Rezoning Ordinance (ID # 1137) Meeting of September 4, 2013

Page 2

N/A

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Rezoning Petition: RZ13-09

Date of Staff Recommendation Preparation: August 28, 2013

Planning Commission Public Hearing Date: September 4, 2013

Mayor and City Council Public Hearing Date: September 24, 2013

Project Name /Applicant: Churchill Partners, LLC

Property Location: 3369 Osborne Road

Acreage: .47

Existing Zoning: R-100 (Single-Family Residential)

Proposed Zoning: R-75 (Single-Family Residential)

Owner/Petitioner: Churchill Partners, LLC

Owner/Petitioners Intent: To rezone property from R-100 (Single-Family Residential) toR-75 (Single-Family Residential) to allow for two (2) single-

family lots.

Community Development Department Recommendation

Approval (Subject to Recommended Conditions)

Location Map

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BACKGROUND

The site is located on the northeast side of Osborne Road near Devine Circle. The character ofthe area consists of single-family residential land use to the north, south, east and west. In

addition, situated to the west across Osborne Road, is Lynwood Park (currently considered a

community park) comprising, but not limited to, a shade structure, multi-purpose field, recreationcenter, swimming pool, tennis courts, a playground, and green space.

The site is currently vegetated and undeveloped. The applicant proposes to rezone the site fromR-100 to R-75 for the construction of two single family residential homes each with a minimum

heated floor area of four thousand (4,000) square feet.

ADJACENT LANDS ANALYSIS

Location/

Address Zoning Current Land Use

Density ofneighboring

lots

FutureLand

Use

Frontage

North (3385Osborne Rd.) R-100 Single family residential

2.43DU/Acre Suburban

107 feet

East (3348Breton Ct

NE) R-100 Single family residential

2.12

DU/Acre Suburban

95 feet

South (3376

Osborne Rd.) R-100

Single family residential

(currently under

construction)

2.5

DU/Acre Suburban

148 feet

West (acrossOsborne Rd.) R-75

Lynwood Park andSingle family residential N/A Suburban

N/A

ANALYSIS OF SUBJECT PROPERTY

AS CURRENTLY PLATTED AND ZONED

Zoning Density Future Land Use Frontage

R-100 2.12 DU/Acre Suburban 167 feet

ANALYSIS OF SUBJECT PROPERTY

IF SUBDIVIDED AND REZONED

Zoning Density Future Land Use Frontage

R-75 4.25 DU/Acre Suburban 83.5 Feet

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Page 3 of 4

REVIEW STANDARDS AND FACTORS

1. Whether the zoning proposal is in conformity with the policy and intent of theComprehensive Plan?This property is designated on the future land use map in DeKalb Countys Comprehensive

Plan 2005-2025 (adopted by the City of Brookhaven) as Suburban Character. TheComprehensive Plan indicates that the intent of the Suburban Character Area is to recognizethose areas that have developed in traditional suburban land use patterns while encouraging

new development to have increased connectivity and accessibility. As a policy, the Plan calls

for the protection of stable neighborhoods from incompatible development that could alterestablished residential pattern and density. The Plan further indicates that the Suburban

Character Area supports a density up to eight (8) dwelling units per acre . Under the current

proposal and recognition of surrounding uses and zoning, it appears that the proposed use of

the property would be consistent with the Comprehensive Plan.

2. Whether the zoning proposal will permit a use that is suitable in view of the use anddevelopment of adjacent and nearby properties?The surrounding area is for the most part built-out and the adjoining property to the east

(3376 Osborne) is currently under construction. Records indicate that the home under

construction was permitted in July of 2013 and that the heated floor area will be

approximately 5,700 square feet. The proposed single family residential homes are plannedto be a minimum of 4,000 square feet of heated floor area. The proposed use appears to be

suitable given the use and development of the adjacent and nearby properties.

3. Whether the property to be affected by the zoning proposal has a reasonable economicuse as currently zoned?

The current zoning on the subject property appears to provide for reasonable economic use.

4. Whether the zoning proposal will adversely affect the existing use or usability ofadjacent or nearby property?

The proposed rezoning to R-75 for two single family homes does not appear to result in a usethat would adversely affect the existing use or usability of adjacent or nearby property.

5. Whether there are other existing or changing conditions affecting the use anddevelopment of the property which gives supporting grounds for either approval or

disapproval of the zoning proposal?

The infill residential development which has occurred in the vicinity of the tract, the home

under construction to the south, the presence of Lynwood Park, and the designation ofsuburban character by the Plan give supporting grounds to support the zoning proposal.

6. Whether the zoning proposal will adversely affect historic buildings, sites, districts, orarchaeological resources?There are no such known historic buildings, sites, districts or archaeological resources

identified, or known by staff, to be on or near this property.

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Page 4 of 4

7. Whether the proposal will result in a use which will or could cause an excessive orburdensome use of existing streets, transportation facilities, utilities or schools?

To date, the City of Brookhaven has not received a response from DeKalb County Offices orthe DeKalb County School System.

The Public Works Department requested the extension of the existing Osborne Roadsidewalk with a five foot sidewalk to Devine Circle and an adjustment to existing curbheights along the property frontage.

The City of Brookhaven Police Department has indicated that the development should haveno impact on current police services and will not require additional personnel.

It is the staffs opinion that the proposed rezoning to R-75 will not cause excessive or

burdensome use of existing streets, transportation facilities, utilities, or schools.

Community Development Department Recommendation

Approval (Subject to Recommended Conditions)

Should this application be approved by Mayor and Council, the staff recommends the following

conditions:

RECOMMENDED CONDITIONS

1. The subject property shall be developed in substantial accordance with the plan prepared forChurchill Partners stamped received August 12, 2013. 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.2. All homes constructed shall contain a minimum heated floor area of four thousand (4,000)

square feet.

3. The owner/developer shall install a five (5) foot wide sidewalk along the total propertyfrontage of Osborne Road, connecting to the existing sidewalk, extending to Devine Circle.

Sidewalk installation shall occur prior to the issuance of a Certificate of Occupancy.

4. The owner/developer shall adjust the existing curbs heights along the total property frontageas required by the citys Stormwater Utility Manager. Curb adjustment shall occur prior to

the issuance of a Certificate of Occupancy.

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2013-09-04 Planning Commission - Full Agenda-1095

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Transcript of 2013-09-04 Planning Commission - Full Agenda-1095