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MEMORANDUM
MEETING OF: August/07/2013 DISTRICT/COMMITTEE:Planning Commission SUBMITTING DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE: 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 BACKGROUND/SUMMARY: Location Map

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The site is currently comprised of four (4) single family home sites, built over the pre-existing lot lines. Only three of the homes are still in existence, as the fourth home fronting Wright Avenue was recently demolished by the applicant -the house was abandoned and presented multiple code violations. The total area of the proposed rezoning boundary is 2.16 acres. Currently zoned RNCD (Residential Neighborhood Conservation District), the lots are located on the south side of Wright Avenue, and the east side of East Roxboro Road. The site is surrounded by single-family detached homes immediately adjacent, zoned R-A8 to the north (across Wright Avenue), R-NCD to the east and south, and R-85 to the west (across East Roxboro Road).

These proposed lots are located inside the boundary of a master planned development which in 2008 was rezoned to R-NCD. That planned development was intended to assemble all the residential properties located south of Wright Avenue, west of North Druid Hills Road, north of Goodwin Road and east of East Roxboro Road, for the construction of 41 single family residences. To date, the property assemblage has not been completed and there has been no development of the site toward completion of the plan.

Despite the four home sites being built across multiple lot boundaries, the lot lines themselves were never officially dissolved, and still exist today. Therefore, no new lots are proposed to be created as a function of this development, and instead the pre-existing lots are planned to be utilized for the new construction.

The applicant, Artisan Home Crafters, LLC, is seeking to rezone the site from R-NCD (Neighborhood Conservation District) to R-60 (Single-family Residential District) to construct ten (10) new single family homes, for a proposed development density of 4.62 dwelling units per acre. The homes intended to be built on the existing lots will be compliant with R-60 zoning standards for setbacks and building height, but the pre-existing lots themselves are nonconforming for being too narrow (generally 50 feet wide).

SITE PLAN ANALYSIS The submitted site plan indicates the demolition of the existing three homes on the lots, to allow for the construction of ten new homes. Five of these new homes will face East Roxboro Road, but will rear load from a shared driveway on Wright Avenue, with no driveways on East Roxboro Road. The remaining five homes will front on Wright Avenue. Of those homes, the home furthest west, closest to the shared access driveway, will also take access from that driveway, while the other four homes on that street will all have direct and paired access onto

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Wright Avenue. Lot 13, the corner lot, will require a development variance to the corner lot setback requirements in the R-60 zoning district to be built as drawn.

All the lots on which the homes are proposed are non-conforming for lot width in the R-60 zoning district, and the lots facing East Roxboro Road will also be non-conforming for lot area, but they are pre-existing lots, not new lots, and can be built upon, so long as they do not violate setback or lot coverage codes. The lots measure generally 50 feet wide and vary in depth from 134 feet to 252 feet.

ADJACENT LANDS ANALYSIS Direction North East South West Zoning R-A8 R-NCD R-NCD R-85 Current Land Use Single family residential, detached Single family residential, detached Single family residential, attached Single family residential, detached Current Density Future Land Use 3.7 DU/Acre Suburban 4.9 DU/Acre 4.9 DU/Acre 2.1 DU/Acre Suburban Suburban Suburban

REVIEW STANDARDS AND FACTORS 1. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan. This property is listed on the future land use map in DeKalb Countys Comprehensive Plan 2005-2025 as Suburban Character and is within close proximity to Traditional Neighborhood and Town Center character areas. The Comprehensive Plan describes the Suburban Character Area as an area where typical types of suburban residential subdivision development have occurred and where pressures for the typical types of suburban residential subdivision development are greatest. The Plan indicates that the intent of the Suburban Character Area is to recognize those areas of the county that have developed in traditional suburban land use patterns while encouraging new development to have increased connectivity and accessibility. The proposed density for areas of this type is up to 8 dwelling units per acre as described in the Plan policy. 2. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties? It appears that the one-family detached residential use planned for this area is entirely consistent with the policy intent of the Plan, as Page 3
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the Plan forecasts residential uses in this region of the city, and makes accommodations for homes to be built at no greater a density than eight units per acre. 3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned? It appears that the current zoning on the subject property allows for economic use. It appears that the 2008 conditional site plan has constrained the development potential of the site. 4. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposal is to build single family detached infill housing, which is exactly the same land use pattern that surrounds the project on all sides. It does not appear that the zoning proposal will adversely affect use or usability of nearby properties. 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 Countys 2005 - 2025 Comprehensive Land Use Plan indicates this property, and all the property within proximity to this as an Area Requiring Special Attention - Rapid Development/Land Use Change, which may provide support to the requested change. 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, 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? East Roxboro Road is a well-traveled thoroughfare through this part of the city. The applicant has proposed that the homes fronting East Roxboro Road take access from a shared driveway off of Wright Avenue, the more minor of the two intersecting streets, thereby eliminating the vehicle interaction between these homes and the busier street frontage. Even so, the Brookhaven Public Works Director has requested conditions of approval which would be commiserate with these new homes being constructed. Most notably, sidewalk should be constructed along East Roxboro to tie into the sidewalk directly across Wright Avenue, to the north. Also, street lights should be established along Wright Avenue, as well as replacement curbs, and shoulder clearing for traffic visibility and pedestrian refuge. The City Engineers office has no objections to the plan as submitted. Brookhaven Police staff note that this project should have no impact on current police services and would not require any additional personnel.

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The City of Brookhaven has indicated no concerns in the ability to provide services as a result of the requested rezoning. FISCAL IMPACT: (Budgeted over or under)
FINANCIAL IMPACT: NONE

STAFF RECOMMENDATION: COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Approval (Subject to Recommended Conditions) Denial _____X______ ____________

Should this application be approved, the staff recommends the following conditions: RECOMMENDED CONDITIONS 1. The site shall be developed in substantial accordance with the site plan entitled R-60 Conceptual Layout Plan, Lot # 7 - 17, Property of M.E. Mackey received June 05, 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. The owner/developer shall construct sidewalk along East Roxboro Road along the development frontage, as well as reconstruct the curb along the frontage on both East Roxboro Road and Wright Road to restore a 6 face along the roadway. These improvements shall occur prior to the issuance of the first Certificate of Occupancy. 3. Developer/owner shall have the shoulder along Wright Avenue cleared of all trees/shrubs for a distance of 5 from the back of curb to allow for sight distance and pedestrian refuge. 4. Developer/owner shall execute a Street Light District petition for Wright Avenue, as approved by the Public Works Director, prior to the issuance of a development permit. In recognition of the existing overhead power/power poles on this road, the lights installed will be the clam shell type mounted on the existing power poles that will not require an up-front cost. The annual cost of the power and maintenance of these lights will be assessed on the annual property tax bills to all of the property fronting Wright Ave, not just the lots in this development, at a unit rate per frontage foot established to cover the cost of only those lights. ATTACHMENTS:

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ATTACHMENTS: Application (PDF) (PDF) (PDF)

13-06-04 Wright Avenue Development - Existing Conditions 13-06-04 Wright Ave Development - R60 Conceptual Layout

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Packet Pg. 53 Attachment: Application (1124 : Rz13-06 E Roxboro Rd and Wright Ave)

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Packet Pg. 70 Attachment: 13-06-04 Wright Avenue Development - Existing Conditions (1124 : Rz13-06 E Roxboro Rd and Wright Ave)

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Packet Pg. 71 Attachment: 13-06-04 Wright Ave Development - R60 Conceptual Layout (1124 : Rz13-06 E Roxboro Rd and Wright Ave)