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

8/13/2019 Nut-N-Berries Rezoning Packet 2-5-2014

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MEMORANDUM

MEETING OF: February 5, 2014COMMITTEE: Planning Commission DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE:

RZ13-15 - Atlanta Resource Center - Rezoning Request from R-100 to C-1 at 1296, 1302, 1304Kendrick Rd. to Construct a Parking Lot

BACKGROUND/SUMMARY: Please see attached

STAFF RECOMMENDATION: Please see attached

ATTACHMENTS:

Staff Recommendation RZ13-15 (PDF) RZ13-15 Applicaton (PDF) RZ 13-15 Site Plan (PDF) RZ13-15 Sketch (PDF) FW Zoning Hearing RZ 13-15 (PDF)

FW Proposed C-1 zoning - Mark Kick Kendrick property - COMMENTS (PDF)

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Rezoning Petition: RZ13-15

Date of Staff Recommendation Preparation: January 29, 2014

Planning Commission Public Hearing Date: February 5, 2014Mayor and City Council Public Hearing Date: February 25, 2014

Project Name /Applicant: Atlanta Resource Enterprise, LLLP

Property Location: 1296, 1302 & 1304 Kendrick Road

District/Land Lot: 18 th District, Land Lot 241

Acreage: 1.176 acres

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

Proposed Zoning: C-1 (Local Commercial)

Future Development MapDesignation: Traditional Neighborhood

Owner/Petitioner: Mark Kick

Owner/Petitioners Intent : To rezone the subject property from R-100 (Single-FamilyResidential) to C-1 (Local Commercial) for construction of anaccessory parking lot (for adjoining existing business andexpansion)

Community Development Department Recommendation

DENIAL of proposed request for C-1 (Local Commercial) zoning, with an alternativerecommendation to approve as NS (Neighborhood Shopping) zoning for construction of anaccessory parking lot (for adjoining existing business and expansion).

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Location Map

BACKGROUND

The subject site consists of three adjacent lots, owned in common totaling 1.176 acres. The lotsare 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 curbcuts along Kendrick Road. The sites are wooded and contain a steep grade that dropsapproximately 30 feet from the southeast corner of the property abutting Kendrick Road to thenorthwest corner of the property. The lots are bordered on the east and north sides bycommercial properties zoned C-1 (Local Commercial District) and C-2 (General CommercialDistrict). 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 ownsand operates the retail store Nuts n Berries, located at 4274 Peachtree Road. The applicant seeksto expand their existing business by adding a second story addition and extending the storefronttowards Peachtree Road, thus requiring additional parking. In an effort to comply with zoningrequirements for parking as a direct effect of the proposed expansion of the commercialstructure, the applicant requests to rezone the site to C-1 to construct an accessory surface

parking lot.

The applicant s 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 residentialstructures will be demolished. The applicant proposes to utilize two existing curb cuts for accessto 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 aneight-foot wide landscape strip internal to the parking spaces and adjacent to the east propertyline 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 whichexceeds the minimum width for landscape strips required for surface parking lots. However, thefull extent of the required landscape strip for the parking lot shall be maintained interior of thesubject property and not encroach into the right-of-way. The Department would note that newlyconstructed parking lots shall comply with the parking regulations (Sec. 27-766) and parking lotlandscaping requirements (Sec. 27-753) as specified in the Zoning Ordinance.

NEARBY/SURROUNDING LAND ANALYSIS

Nearby/surrounding properties Zoning Current Land Use(s)

Adjacent: North C-2 Commercial (self-storage facility)

North OCR Mixed Use (Town Brookhaven)

Adjacent: West R-100 Single-Family Residential(personal care home)

Across Kendrick Road: South R-100 Single-Family Residential

Across Kendrick Road: Southeast C-1 Commercial (Shell gas station)

Adjacent: East C-1 Commercial (Nuts N Berries)

Adjacent: East C-1 Commercial (Thrive Fitness)

Adjacent: East C-1 Commercial (Peachtree Flowers)

REVIEW STANDARDS AND FACTORS

1. Whether the zoning proposal is in conformity with the policy and intent of theComprehensive Plan?

The subject property is identified on the Future Development Map in DeKalb CountysComprehensive Plan (adopted by the City of Brookhaven) as a traditional neighborhoodcharacter area. The traditional neighborhood character area as described is to maintain a

predominance of neighborhood-scale commercial uses and identifies neighborhood-servingretail as a primary land use. The proposed request for the C-1 zoning district is not identifiedas a compatible zoning district for the traditional neighborhood character area. Alternatively,there are other zoning districts such as NS (Neighborhood Shopping) zoning district whichwould be conforming to the established policies for the area allowing an accessory parkinglot 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 anddevelopment of adjacent and nearby properties?

The subject property could be suitable for an accessory parking lot to serve an existingneighborhood 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 theC-1 zoning district is not identified as a compatible zoning district for the traditionalneighborhood character area. Approving the property for NS, however, would allow for azoning 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 toestablish an enhanced vegetative screen along the associated frontage of the parking lotadjacent 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 economicuse 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 withexisting commercial, institutional and residential uses found in the area, would not adverselyaffect the usability of nearby properties. The proposed request for the C-1 zoning district isnot 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 byfacilitating the removal of uninhabitable residential structures and a nonconforming parkingarea, and will establish a 50-foot transitional buffer to the west and enhanced landscapingalong the Kendrick Road frontage. The NS zoning district would be conforming to theestablished policies for the character area.

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

The proposed C-1 zoning would not be suitable at this location as it is identified in theComprehensive Plan as an incompatible zoning district for the character area. However, thereare existing commercial uses that extend the full length of the northern and eastern propertyline 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 lineand 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 toresidential uses found in the area. Additionally, the subject property would be conditioned foruse as a parking lot only and function to provide off-street parking for expansion of anexisting business, further suggesting that the proposed development may be suitable at thislocation under the NS zoning district.

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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 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 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 development of an accessory parking lot forexpansion 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 Roadentrance 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, waterquality, channel protection, and downstream analysis to the 10% point. If the downstreamdischarge is a City storm water system, then a capacity analysis is required prior to theissuance 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 noimpact 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. Ifapproved, 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 , theCommunity 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 DesignAssociates, PLLC for Mark Kick, received January 2, 2014. Any variances required, ifauthorized by the Zoning Board of Appeals, may result in altering the site plan to the degreenecessary to incorporate revisions or conditions of zoning.

2. Owner/developer shall maintain a transitional buffer as required under the NS zoning districtadjacent to the west property line and replant where sparsely vegetated and will be subject tothe approval of the City of Brookhaven Arborist.

3. Owner/developer shall complete a combination plat of all properties held in commonownership 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 S idewalks and Parking requirements of the Brookhaven-PeachtreeOverlay District shall be incorporated into the development of the subject property, asapproved by the Community Development Director.

5. Owner/developer shall construct a five-foot sidewalk along the entire frontage of KendrickRoad for the subject property with a three-foot wide landscape strip, and shall be subject toreview and approval of the Public Works Director.

6. Owner/developer shall implement a 15-foot wide landscape strip for the parking lot adjacentto the right-of-way of Kendrick Road, in compliance with transitional buffer zone plantingstandards 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. Noadditional curb cuts shall be allowed.

8. Owner/developer shall obtain necessary permit(s) from Georgia Department ofTransportation 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 structuresand associated driveways located on the subject property prior to obtaining any permitsrelated 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 Codeand a new stormwater maintenance agreement will be required.

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Becky Apter

From: Ben SongSent: Friday, January 31, 2014 12:42 PMTo: Becky ApterSubject: FW: Zoning Hearing RZ 13-15

To include in PC packet

From: Susan CanonSent: Thursday, January 30, 2014 12:47 PMTo: Ben SongSubject: Fwd: Zoning Hearing RZ 13-15

Sent from my iPhone

Begin forwarded message:

From: david barrs < [email protected] >Date: January 30, 2014, 12:45:48 PM ESTTo: Cc: Baxter Thompson < [email protected] >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 thehearing on Wednesday, February 5.

Have a thriving day,

Dave BarrsFounder & CEOThrive Insights, LLC

[email protected]

O. 770 552 7000C. 404 536 4546

4060 Peachtree Rd, NESuite D285Atlanta, GA 30319

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2

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 thereader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message (including anyattachments) 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 publicrecords. Email is covered under such laws and thus may be subject to disclosure.

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1

Becky Apter

From: Ben SongSent: Friday, January 31, 2014 12:41 PMTo: Becky ApterSubject: FW: Proposed C-1 zoning - Mark Kick Kendrick property - COMMENTS

Importance: High

To include in PC packet.

From: Michael Elliot [mailto:[email protected]]Sent: Wednesday, January 29, 2014 12:31 PMTo: Ben SongSubject: Proposed C-1 zoning - Mark Kick Kendrick property - COMMENTSImportance: High

Ben:

Even though this zoning request is now for C-1 and not OCR, there has been no change in the form or substanceof the request, need, intent, planned improvement or community impact. The requested C-1 zoning isnecessitated since the previously requested OCR zoning could not be approved due to the 2 acre minimum lotrequirement. The previous Brookhaven staff opinion supported the OCR zoning change for this parking, and nochange 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 legallynon-conforming parking to support Nuts N Berries, a long established and successful commercial business onPeachtree 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, plannedimprovements to their existing building will also be prevented. Furthermore, a lack of adequate parking maynecessitate this business to relocate at an unnecessary expense and possibly to leave the City of Brookhavenafter many years of successful operation.

From a larger perspective, the commercial property fronting Peachtree Road from Town Brookhaven toOsborne lacks adequate depth of properly zoned property to be developed in compliance with the vision of theLCI study. This lack of depth will discourage or prevent appropriate pedestrian oriented mixed use developmentdue 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 possiblefuture benefit of rezoning this property to allow parking may be that the other properties fronting Peachtreeadjoining the subject property might also be developed as mixed use property, compliant with therecommendations of the Brookhaven LCI study.

The opposition from most of the area residents is that to protest adjoining commercial contradicts the reality oftheir home purchase decisions & is somewhat puzzling. At least on half of the houses along Tallulah andKendrick are bordered by commercial development with no apparent setbacks, no buffer zone and significantheight. The homes on Kendrick that abut Town Brookhaven have unobstructed views of 8 story residentialstructures and a commercial service drive. All or most homes were constructed long after Nuts N Berries

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established their current location and the residential property that Mr. Kick used for additional parking. Inaddition, some residents have enjoyed Mr. Kicks generosity by using his property to park their trailers, boatsand other equipment not appropriate for their own homes. It reminds me of the people that live in the flight pathof PDK when that airport has been active for the past 80 years.

With the exception of proposed parking, I personally do not think that the subject property should not be usedfor additional / other commercial / retail purposes; however, unfortunately the C-1 zoning does not allowresidential 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 suburbanapplications and not appropriate for the urban infill application of this site and other similar properties. Whilethe subject property is not covered by the Brookhaven Overlay, in retrospect it should have been a mistake inmy 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 staffopinion. 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 thereader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message (including anyattachments) 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 publicrecords. Email is covered under such laws and thus may be subject to disclosure.

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

Documents

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