Rezoning Petition: RZ13-11; SLUP13-01 & SLUP13-02 Date of Staff Recommendation Preparation: Planning Commission Public Hearing Date:

Mayor and City Council Public Hearing Date: December 30, 2013 January 8, 2014 January 28, 2014

Project Name /Applicant: Property Location: District/Land Lot: Acreage: Existing Zoning: Proposed Zoning:

Ashford Green/John Hancock Life Insurance Company, Inc. 4170 Ashford Dunwoody Road & 4106 Lake Hearn Drive 18th District, Land Lots 329 and 330 18.33 acres O-I Conditional (Office-Institution) O-I (Office-Institution)

Future Development Map Designation: Regional Center Owner/Petitioner: John Hancock Life Insurance Company, Inc.

Owner/Petitioners Intent: To develop a mixed use development consisting of 500 multi family units (563,578 SF), 250,000 square feet of office space, and three parking decks. Special land use permits to exceed the height of all buildings/structures over 5 stories and 70 feet, and for development of high-rise apartments in the O-I zoning district, have also been requested. Community Development Department Recommendation Approval with conditions

Location Map

Perimeter Summit Pkwy

BACKGROUND The subject property is located on the west side of Ashford Dunwoody Road and is bounded by Lake Hearn Drive and Interstate 285 to the north, Parkside Place to the west and Perimeter Summit Parkway to the south. The subject property contains 18.33 acres and currently existing on the site is a 5-story office building with associated surface parking. The site was originally rezoned to O-I Conditional pursuant to CZ-78079. Through the years there have been several alterations to the plans and conditions applicable to the subject property, with the latest alteration occurring in 1997. Currently, the subject property is entitled to as approved by DeKalb County for 715,000 square feet of total net usable office space, inclusive of an existing office building at 215,000 square feet of net usable area and an additional 500,000 square feet distributed amongst two office buildings, with one of the buildings extending to 18 stories in height and having an associated 8-level parking deck. With this latest request for rezoning, the applicant seeks to rezone from O-I Conditional (Office-Institution District) to O-I to change conditions and implement a mixed use project that would consist of 500 multi-family units spread over two 5story high-rise complexes, 250,000 square feet of additional office space contained in a single 10-story office building, in addition to an existing 277,206 square-foot office building. Two special land use permits have been requested by the applicant as part of the rezoning request to exceed the building height maximum of 5 stories or 70 feet and to accommodate the proposed high-rise apartments within the O-I zoning district. The Department would note that the subject property was reviewed by the Atlanta Regional Commission in 1991 as a Development of Regional Impact (DRI) for development of three office buildings and two associated parking
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decks, and was found to be consistent with the Perimeter Center Livable Centers Initiative plan and determined to be of appropriate use. As of November 25, 2013, based on the most recent request for a mixed-use development as submitted, the Atlanta Regional Commission determined that a new DRI review was not warranted. The subject property currently contains a single office building that is identified on the land title survey prepared by Travis Pruitt & Associates as 6-stories, while the applicants letter of intent indicates that it is a 5-story building. Along with the office building, there are 917 surface parking spaces provided for the development. According to the applicant, existing surface parking is shared with the Hilton Garden Inn hotel located northwest of the property, and shared parking provisions will continue to be maintained with the conversion of surface parking to parking decks if the proposed rezoning is to be approved. Based on the land title survey, it would appear that the property is serviced by several stormwater facilities as indicated by several easements that lead to off-site detention ponds across Parkside Place to the southwest and north of Lake Hearn Drive, and a private stormwater vault located to the northwest of Parkside Place. The site plan submitted by the applicant shows several surface parking spaces with the majority of parking provided within three proposed separate parking decks. Each multi-family complex would be developed with a separate parking deck for resident parking. The site plan indicates that Development A would consist of 260 rental units with an average floor area of 850 square feet per unit. The proposed rental apartment building would be 5-stories and incorporate a 5.5level parking deck. Development B is indicated on the site plan to consist of 240 owner-occupied (condominium) units within a 5-story building with a 5.25-level parking deck. It would appear that residential parking decks would be surrounded by the multi-family buildings to minimize visibility from the rights-of-way. Identified as Development C is the proposed 10-story 250,000 square-foot office building with a 5.5-level parking deck servicing office uses on the subject property. There are three existing access points for the subject property, two located on Ashford Dunwoody Road and one off Perimeter Summit Parkway. A new and additional ingress/egress point is proposed along Parkside Place which would be aligned with Perimeter Summit Boulevard. The lot coverage as calculated by the applicant would account for 59.05 percent of the total property, which would be compliant with the O-I zoning district lot coverage maximum of eighty (80) percent. According to the square footage of all proposed buildings and use types (residential and office), the development would be required to provide 3,109 total parking spaces. The applicants site plan would show that only 2,665 parking spaces would be provided, which would require that the applicant submit for a variance to reduce the parking as desired. In addition to applying for a variance to reduce parking, a variance would be required to allow for the encroachment of a building into the front yard setback along Ashford Dunwoody Road and to deviate from Section 27-788 (e)(3) to exceed two hundred fifty (250) feet in length along any wall elevation as it pertains to the proposed multi-family buildings located in the O-I zoning district.

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NEARBY/SURROUNDING LAND ANALYSIS Nearby/surrounding properties North

Zoning O-I

Current Land Use(s) Commercial (Hilton Garden Inn) Commercial (Perimeter Summit) Multi-family Residential (Villa Sonoma Condominiums) Commercial (Ashford Perimeter Office Building)

West: Across Parkside Place

O-I

West: Across Parkside Place

O-I

East: Across Ashford Dunwoody Road

O-I

East: Across Ashford Dunwoody Road

R-100

Single-Family Residential

South: Across Perimeter Summit Parkway

R-100

Georgia Power Transmission Station

South: Across Perimeter Summit Parkway

R-100

Single-Family Residential

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 regional center character area. Under the Plan, the area is envisioned for a variety of uses that would contribute to the reduction of automobile travel, while promoting walkability and increased transit usage. The proposed mixed-use development in the O-I zoning district would incorporate a mix of uses (condominiums, apartments and office) that have been identified in the Comprehensive Plan

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as primary land uses for the character area. The proposed development would encourage walkability as the property is in close proximity to a regional shopping center and two nearby Marta Stations (Dunwoody and Medical Center), which can be accessed by existing sidewalks along major and minor thoroughfares and local roads in the vicinity. Additionally, the residential component of the development could provide work-live opportunities that could reduce automobile usage. The proposed mixed-use development would appear to be in conformity with the policy and intent of the Comprehensive Plan and be suitable at this location. 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 is located in close proximity to Interstate 285 and a major commercial node. The proposed request would be compatible with existing uses found in the immediate area, as Perimeter Summit has been developed with a mixed-use concept incorporating office, commercial, and residential uses within a single development. Additionally, improvements made to the rights-of-ways surrounding the subject property could support the scale of development as proposed. 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? Given the mix of office, commercial and residential uses found nearby, the proposed rezoning does not appear to result in a use that 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 and development of the property which gives supporting grounds for either approval or disapproval of the zoning proposal? DeKalb County approved the subject property to be developed for a singular office use totaling 715,000 square feet of net useable space, distributed over three buildings in 1997. As part of the approval, DeKalb County allowed for development of an 18-story office building and associated 8-level parking deck. The proposed mixed-use development would be aligned with the intent and established policies of the Comprehensive Plan for the area and also reduce the height of buildings from 18-stories to 10-stories. Additionally, the subject property was identified in the Perimeter Center Livable Center Initiative study completed in 2002, as a potential location for a high-density mixed-use development with primarily office and higher density residential uses, which would suggest that the proposed development may be suitable at this location. Additionally, the site is located within the Perimeter Community Improvement 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. An increase in traffic, utility capacity, and school aged children is anticipated. Impacts on transportation facilities may be mitigated with the recommended conditions. CRITERIA TO BE APPLIED SPECIAL LAND USE PERMIT SLUP13-01 (TO EXCEED 5 STORIES OR 70 FEET) AND SLUP13-02 (HIGH-RISE APARTMENTS) 1. Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located. The subject property would be of adequate size for the proposed use and the appropriate setbacks and lot coverage have been provided. Adequate land area is available for the proposed use associated with off-street parking, as parking will be provided by three separate parking decks and several surface parking spaces. Sufficient land area is available for parking; however, the applicant has requested a variance to reduce parking based on their desire and determination that the parking ratio required by the citys Zoning Ordinance may not be warranted for the proposed development, but not due to the size of land. 2. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district. The proposed development would be compatible with existing uses found in the area, in particular to the Perimeter Summit development which has been developed with a mix of office, residential, retail and hotel uses. The proposed multi-family apartments would result in a residential density of 27.28 units per acre, which is less than the density established for Villa Sonoma condominiums at 57.89 units per acre (341 total units over 5.545 acres). Additionally, the request to exceed the building height maximum of 5-stories or 70 feet to accommodate a proposed 10-story office building would be substantially less in height when compared to office buildings located within the Perimeter Summit Development which can extend up to 28 stories.

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3. Adequacy of public services, public facilities, and utilities to serve the use contemplated. Previous approval of the subject property for high-density office use would suggest that adequate public services are available to serve the proposed development as submitted. 4. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly increase traffic and create congestion in the area. To better ascertain traffic impacts that may be associated with this request, the applicant will be conditioned to provide a traffic impact analysis to be reviewed by the citys Public Works Director and for appropriate traffic improvement measures to be implemented prior to approval of a Land Disturbance Permit for the subject property. 5. Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or the volume of traffic generated by the proposed use. Increase in development would generate additional traffic. Based on the trip generation memo provided by the applicant, the traffic generated by the proposed development during A.M. and P.M. peak hours would be comparable to or less than the development that had been previously approved for the subject property. Additionally, the proposed mixed-use development could provide for opportunities that may reduce automobile travel and benefit work-live opportunities for potential residents of the property. 6. Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency. Multiple points of access would be provided on the subject property which would enhance internal traffic flow and access by emergency vehicles. The layout of internal driveways would show traffic calming measures have been implemented, in particular with the incorporation of a roundabout near the Perimeter Summit Parkway entrance. Additionally, all access points would have adequate access to public sidewalks. Internal pedestrian access has not be addressed by the site plan submitted by the applicant. Staff would note that DeKalb County Fire Marshal review and approval will be required prior to issuance of a Land Disturbance Permit from the City of Brookhaven. 7. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use. The proposed use would not have adverse impacts upon adjoining land use associated with noise, smoke, odor, dust, or vibration.

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8. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use. The proposed mixed-use development would not create adverse impacts to adjoining land use by reason of hours of operation as the proposed use would incorporate a residential component and office uses similar to existing uses found nearby. 9. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use. The proposed use would be similar in manner of operation with existing uses found in the area. 10. Whether or not the proposed plan is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located. It appears the proposed development would be consistent with the requirements of the zoning district with the exception of parking requirements. The applicant has applied for two Special Land Use Permits to exceed district height requirements and to construct high-rise (multifamily) apartments. 11. Whether or not the proposed use is consistent with the policies of the Comprehensive Plan. The subject property is identified on the future land use map in DeKalb Countys Comprehensive Plan (adopted by the City of Brookhaven) as a regional center character area. Under the Plan, the area is envisioned for a variety of uses that would contribute to the reduction of automobile travel, while promoting walkability and increased transit usage. The proposed mixed-use development in the O-I zoning district would incorporate a mix of uses (condominiums, apartments and office) that have been identified in the Comprehensive Plan as primary land uses for the character area. The proposed development would be consistent with the policies of the Comprehensive Plan. 12. Whether or not the proposed plan provides for all required buffer zones and transitional buffer zones where required by the regulations of the district in which the use is proposed to be located. All required buffer zones appear to have been provided. 13. Whether or not there is adequate provision of refuse and service area. Refuse and service area locations have not been identified on the applicants submitted site plan; however, any such plan would require approval of DeKalb County.

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14. Whether the length of time for which the special land use permit is granted should be limited in duration. Time or duration constraints would not be appropriate for the proposed request as the requested Special Land Use Permits are related to permanent structures/buildings. 15. Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings. The height of proposed buildings would be substantially lower than what is currently approved for on the subject property and nearby buildings. The size and scale of buildings proposed would be consistent with adjacent lots and buildings. A variance will be required to consider the demonstrated multi-family building mass. 16. Whether the proposed plan 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. 17. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such special land use permit. Supplemental regulations as it relates to the special land use permit requests have been met except for the requirement provided in Section 27-788(e)(3), as it states that no structure is to exceed two hundred fifty (250) feet in length along any elevation of a multi-family building. The applicant must redesign the layout of the proposed multi-family building to be compliant with the aforementioned section of the citys Zoning Ordinance or seek a variance to the requirement. 18. Whether or not the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining lot or building. Negative shadow impact would not be anticipated from this request as all buildings proposed would be of similar height and projection, and a reduction in height from previously approved 18-story office building. 19. Whether the proposed use would result in a disproportionate proliferation of that or similar uses in the subject character area. The proposed use would benefit the surrounding area by providing the availability of additional residential options and reduce the proliferation of similar office uses found in the area. Additionally, the Perimeter Center Livable Centers Initiative study completed in 2002 identified the need for more residential uses to be provided in the immediate area of the

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subject property and recommended that the subject property be developed for high-density mixed-use development consisting of primarily office with high-density residential uses. 20. Whether the proposed use would be consistent with the needs of the neighborhood or to the community as a whole, be compatible with the neighborhood, and would not be in conflict with the overall objective of the Comprehensive Plan. The proposed development would be consistent with the intent and policies of the comprehensive plan and would be compatible with the established neighborhood and with existing developments found in the area. The applicant has shown on the site plan that a 50foot permanent buffer area would be maintained adjacent to Perimeter Summit Parkway, limiting any potential impacts the proposed development would have on single-family residential dwellings located to the south.

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DEPARTMENT COMMENTS PUBLIC WORKS 1. A Traffic Impact Study for the proposed development would be needed to reveal the specific influences site traffic would have on the adjacent road network. As such, a Traffic Impact Study should be prepared to address traffic impacts of the proposed development at the following locations: a. Ashford Dunwoody Road at Perimeter Summit Parkway/Oak Forrest Drive b. Ashford Dunwoody Road at the two site driveways (one signalized, one unsignalized) 2. 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 stormwater system, then a capacity analysis is required prior to the issuance of a land disturbance permit. 3. A post construction Stormwater Facility Maintenance Agreement will be required. BROOKHAVEN POLICE DEPARTMENT The City of Brookhaven Police Department has indicated that the development would have an impact on current police services. The requested project would be consistent with current developments existing in the area and impacts traffic and theft (vehicle and office) related calls for service. The Police Department will require monitoring to determine future needs for the area. MARTA MARTA encourages the development of dense mixed use developments within the region, which this proposal clearly represents. This development is roughly nestled less than a mile between the Dunwoody MARTA station and the Medical Center MARTA station. However, MARTA does not currently offer direct service to this development. MARTA is in the early exploratory stages of investigating the feasibility of expanding service in the perimeter area in the future. At this time, MARTA does not foresee any adverse impacts to service or real estate holdings due to this development. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Approval of RZ13-11, SLUP13-01 and SLUP13-02 with conditions.

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STAFF RECOMMENDED CONDITIONS Based upon the findings and conclusions herein, Staff recommends Approval with conditions of RZ13-11 as O-I Conditional as well as SLUP13-01 and SLUP13-02. Should the petition be approved, the Community Development Department recommends the following conditions: 1. The subject property shall be limited to a maximum of 500 units (563,578 gross square feet) distributed over two multi-family buildings, at a maximum residential density of 27.28 units per acre (SLUP13-02). 2. The subject property shall be limited to of 527,206 gross square feet of office and institutional and accessory uses permitted in the O-I zoning district, but excluding the following: cemetery, columbarium, mausoleum, motel, funeral home or mortuary, personal care home, child caring institution, hospice, nursing care facility, late-night establishments and/or nightclubs. 3. The subject property shall be developed in substantial accordance with the plan prepared by The Preston Partnership, LLC, and stamped received November 6, 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. 4. The height of nonresidential buildings shall be limited to 10 stories (SLUP13-01). 5. The height of multi-family buildings and all parking decks shall be limited to 5.5 stories and not to exceed 70 feet in height. Parking decks associated with multi-family buildings shall not rise above buildings containing residential units (SLUP13-01). 6. Exterior elevations of the multi-family buildings and associated parking decks shall be constructed primarily of a combination of natural stone masonry, brick, glass and stucco. The balance may be of brick or wood accents, trim or decorations. All elevations shall be subject to review and approval of the Director of Community Development prior to issuance of a building permit. 7. Parking facilities for high-rise apartments shall be located at the interior of the subject property and be surrounded by the associated apartment building and landscaping materials so as to screen parking facilities from view of the rights-of-way, except where left open for vehicular or pedestrian access. 8. Service and refuse facilities shall be located interior of the subject property and must be screened with opaque fencing or similar building material of buildings on the property. 9. All lighting associated with the development shall incorporate a cut-off design and be directed inward and downward, away from the direction of single-family residential dwellings and shall minimize light spillage into the right-of-way.

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10. Signage at the tops of buildings shall be directed away from residential properties to the south (beyond Perimeter Summit Parkway). Internally illuminated signs shall not be installed as to be visible from residential properties to the south. 11. Owner/developer shall complete a combination plat prior to the issuance of a land disturbance permit. 12. Owner/developer shall be required to cure any and all nonconforming lot dimensional aspects as a result of any future land subdivision/transaction via the Zoning Board of Appeals. 13. Owner/developer shall dedicate additional right-of-way along the total property frontages along Ashford Dunwoody Road, Perimeter Summit Parkway and Parkside Place for a minimum width of 12.5 feet from the back of curb of any new curb and gutter along these roads. 14. Owner/developer shall dedicate additional right-of-way for a miter at the intersection of Ashford Dunwoody Road and Perimeter Summit Parkway. Said miter shall measure a minimum of 25 feet along each of the named roadways. 15. Owner/developer shall widen Ashford Dunwoody Road between the northernmost Site Driveway on Ashford Dunwoody and Perimeter Summit Parkway, such that the existing outside southbound lane on Ashford Dunwoody Road coming from I-285 connects continuously to the existing right turn lane at Perimeter Summit Parkway. 16. Owner/developer shall provide a traffic impact analysis, prior to issuance of a Land Disturbance Permit, that addresses the traffic impacts of the development at the following locations: a. Ashford Dunwoody Road at Perimeter Summit Parkway/Oak Forrest Drive b. Ashford Dunwoody Road at the two site driveways (one signalized, one unsignalized) 17. Owner/developer shall incorporate additional conditions that may result from review of the traffic impact analysis/study by the Public Works Director, prior to issuance of a Land Disturbance Permit. 18. Owner/developer shall provide stormwater management in accordance with the City Code and a new stormwater maintenance agreement will be required. Provide any previously approved stormwater management plans for the site. All storm water including detention, water quality, channel protection and downstream analysis shall be addressed at time of Land Disturbance Permit. 19. Owner/developer is responsible for the future development to be compliant with the Georgia Stormwater Management Manual (GSSM) Stormwater Runoff Quality Standard (Water Quality) by providing measures that treat the required Water Quality Volume through evapotranspiration, infiltration and/or evaporation.

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