PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT SLX DCI MAJOR MODIFICATION AND VARIANCE

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1 PLANNING & DEVELOPMENT DEPARTMENT Meeting Date: April 16, 2019 Item #: PZ Project Name: Applicant: Owner: STAFF REPORT SLX DCI MAJOR MODIFICATION AND VARIANCE Proposed Development: Requests: Site Address: SLX Mixed-Use Courtney Morrison, Wakefield Beasley and Assoc. Del American; Downtown Development Authority Major Modification to a Development of Community Impact (DCI) and a variance from the regulation that requires shade structures to be installed over 40% of the top level of a parking deck open to the sky. Major Modification to a DCI; One concurrent variance 5211 Peachtree Blvd Parcel Number: Staff Recommendation: Denial Page 1 of 6

2 Current Zoning: Transit Oriented Development (TOD) - This zoning district is intended to support mixed-use development and higher density development within walking distance of the Chamblee MARTA Station. This district provides a location for residences, retail, goods and services and offices with design standards and design parameters to encourage a pedestrianfriendly traditional urban form, oriented to a network of pedestrian and bicycle pathways to the MARTA Station. This district is intended to minimize automobile use and maximize the use of public transportation, bicycle and pedestrian access. Current Use: Surrounding Land Uses: Future Development Map: Mixed-use building under construction North VC: Vacant commercial South TOD: Mixed-use residential condos East TOD: Mixed-use with age-restricted residential apartments; Commercial offices West TOD: Mixed-use residential apartments The subject property is located within the Mid City character area of the Future Development Map in the City of Chamblee Comprehensive Plan. The vision of the character area is: Centered around the Chamblee MARTA Station, this area will support transit-oriented lifestyles with associated housing, services, and employment. Site Description: The site consists of a single, 3.86-acre parcel located at the southwest corner of the intersection of Peachtree Blvd and Malone Dr, where the SLX mixed-use development is currently under construction. When complete, the development will include a six-story mixed-use building with 311 multi-family apartment units and amenities, 20,623 gross sq ft of commercial space consisting of retail, office and restaurant uses, and a six-story parking garage, and will achieve sustainable certification through the National Green Building Standard. The apartments units are being built to condominium standards for potential future conversion to owner-occupied housing. The developer is installing the required streetscape along Peachtree Blvd and is installing a segment of the Rail-Trail segment along Malone Drive and the south lot line. History of the Property The developer received approval of a DCI and Major Modification in 2016 and a land disturbance permit and building permit in By ordinance, the application is being processed under the version of the UDO that was in effect at the time of permitting, which requires a Major Modification for any changes to a DCI that require a variance. The applicant also received a variance in 2018 to allow construction signage in excess of what is allowable by the UDO. A Notice of Violation has been issued due to the site having additional construction signage in place that does not meet the condition of approval of the variance that Page 2 of 6

3 allowed for there to be a maximum of three construction signs located on the property: the banner, the leasing sign, and the construction group sign, and required all additional construction signage to be removed and no additional construction signage placed on the property. Description of Proposed Project: A summary of the request is as follows: - Major Modification to amend the DCI conditions of approval to modify the site plan, which currently shows the required parking deck shading. This Major Modification is also required by ordinance due to the proposed change requiring a variance. - Concurrent variance not to provide the required parking deck shading. The applicant has instead proposed to apply a two-part vehicular traffic coating to the entire surface of the top level of the parking deck exposed to the sky, to help mitigate the heat island effect, and also to help protect the lower levels of the deck from water intrusion. The coating would be white and match the roof that is being installed. DCI Review and Approval Criteria: The following review and approval criteria, described in Sec , must be used in reviewing and taking action on all DCI applications: 1. Design shall be in harmony with the general character of the neighborhood and surrounding area, considering factors such as mass, placement, height, changing land use patterns, and consistency of exterior architectural treatment, especially in areas of historic and special design interest. The proposed modification would not alter the site plan or elevations in a way that would affect the development s impact on the general character of the surrounding area. There have been no changing conditions since the previous DCI approval that would impact the appropriateness of the development as a whole or support the modification of the previously approved site plan. 2. Design components shall be planned such that they are physically and aesthetically related and coordinated with other elements of the project and surrounding environment to ensure visual continuity of design. The proposed modification would not impact the aesthetic coordination of project elements. 3. Design shall protect scenic views, particularly those of open space, and utilize natural features of the site. The proposed modification would not impact any scenic views. 4. Design shall protect adjacent properties from negative visual and functional impacts. The modification would not impose negative visual and functional impacts on adjacent properties. Page 3 of 6

4 5. Design shall respect the historical character of the immediate area as integral parts of community life in the City and shall protect and preserve structures and spaces which provide a significant link within these areas. There is no significant historical character to the immediate area that would be impacted by the modification. 6. All exterior forms, attached to buildings or not, shall be in conformity with, and secondary to, the building. All exterior forms, attached to buildings or not, are in conformity with the building. 7. The proposed development is suitable in view of the use and development of adjacent and nearby property. The loss of shade, if not properly mitigated, could negatively impact adjacent and nearby properties by failing to reduce heat island effects of new development. 7. The proposed development does not adversely affect the existing use or usability of adjacent or nearby property. The proposed modification would be unlikely to affect the existing use or usability of nearby properties. 8. The proposed development does not result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools. The proposed modification does not impact the proposed uses of the project. 9. The proposed development is in conformance with the applicable zoning district. The proposed modification, along with the development as a whole, is in conformance with the standards of the TOD zoning district. 10. The proposed development is in conformance with the provisions of the future development plan articulated in the City s Comprehensive Plan. The proposed modification is not addressed by the City s Comprehensive Plan, and does not impact Council s previous determination that the development as a whole is in conformance with the Comprehensive Plan. Applicant s Concurrent Variance Requests: The project requires approval of variances with respect to the requirements of the UDO. The applicant requests approval of concurrent variances from the following regulations of Title 2 of the UDO: 1. Variance from Sec (h)(1)(f) to not provide adequate shade cover for a minimum of 40 percent of the upper surface of the roof level of multi-story parking structure open to the sky. Page 4 of 6

5 Per the review and approval criteria found in Sec , the Mayor and City Council may authorize variances from the provisions of the UDO only after making the following findings: a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; There are no extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography. b. The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship; The application of the zoning ordinance to the property would not create an unnecessary hardship. c. Such conditions are peculiar to the particular piece of property involved; There are no extraordinary and exceptional conditions pertaining to the site. d. Such conditions are not the result of any actions of the property owner; and There are no extraordinary and exceptional conditions pertaining to the site. The request for a variance is attributable to the developer s stated desire to cut costs. e. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. Relief, if granted, could be detrimental to the public good and impair the purposes or intent of the zoning ordinance, which requires parking deck shade in order to ensure high-quality, aesthetically pleasing, environmentally sensitive development. Per the City Engineer, the proposed material would provide a reflective surface from a pavement surface application standpoint. However, the material s ability to reduce heat island effects are limited by the fact that cars will be parked on top of much of it. Additionally, unlike the currently approved structures, the pavement surface application would not provide shade for cars and pedestrians using the top level of the parking deck. Staff Recommendation: Based on the analysis of this application, using the standards and criteria found in Chapter 280 of the UDO, Staff recommends DENIAL of the variance request to not provide adequate shade cover for a minimum of 40 percent of the upper surface of the roof level of multi-story parking structure open to the sky. If Council denies this variance, Staff recommends DENIAL of the Major Modification. If Council approves this variance, Staff recommends APPROVAL of the Major Modification. Should Council approve the modification and variance, Staff recommends approval with the following conditions: Page 5 of 6

6 1. The exposed areas of the parking garage shall be treated in substantial conformity with EXHIBIT A: DCI Major Modification Plan Book for SLX, dated received March 10, 2019, with revisions required by conditions of approval as reviewed and approved by the Planning & Development Director. 2. The developer shall apply the coatings in Exhibit B BASF Masterseal Traffic 1500 and Top Coat 225 to the exposed areas of the parking garage, as provided in Exhibit A. 3. The developer shall remove the power pole at the corner of Malone Drive and Peachtree Blvd and pay all costs for burying the remaining lines, to include boring under the Peachtree Blvd. 4. The developer shall revise the plans and move the utility boxes from in front of the building on Malone Drive to adjacent to the building at the back of the back of the Rail Trail or place them in vaults underground. 5. The developer shall place no parking signs along Malone Drive until the construction fence is removed and streetscape is installed. 6. All previous conditions of approval, not affected by the conditions herein, of 2016DCI-08 shall remain in full force and effect. Attachments: Attachment 1 EXHIBIT A: DCI Major Modification Plan Book for SLX, dated received March 10, 2019 Attachment 2 Exhibit B: BASF Masterseal Traffic 1500 and Top Coat 225 Attachment 3 DCI Major Mod Application and Letter of Intent Attachment DCI-08 Conditions of Approval and top floor parking deck plan, Sheet A2-06 Attachment 5 Maps Page 6 of 6