CITY OF BROOKHAVEN

PLANNING COMMISSION MEMBERS Stan Segal Chairman Shannon Cameron Jack Honderd Adrian Schmidt John Funny Rob Francour John Hess AGENDA June 5, 2013 Regular Meeting
2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

7:00 PM

A) CALL TO ORDER B) APPROVAL OF MINUTES 1. Approval of Planning Commission April 25, 2013 Work Session Minutes 2. Approval of Planning Commission May 1, 2013 Regular Meeting Minutes C) ORGANIZATIONAL AND PROCEDURAL ITEMS D) UNFINISHED BUSINESS E) NEW BUSINESS 1. Public Hearing for RZ13-02 Ordinance (ID # 1072): RZ13-02-Text Amendment to the Zoning Ordinance Regarding the Brookhaven-Peachtree Overlay F) ADJOURNMENT

City of Brookhaven

6/5/2013 7:00 PM

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MEMORANDUM
MEETING OF: June/05/2013 DISTRICT/COMMITTEE:Planning Commission SUBMITTING DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE: Approval of Planning Commission April 25, 2013 Work Session Minutes BACKGROUND/SUMMARY: FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:
ATTACHMENTS: 2013-04-25 PC Work Session minutes (PDF)

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Planning Commission April 25, 2013 Work Session MINUTES

6 PM

2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329 A) CALL TO ORDER Chairman Chairman Segal called the meeting to order at 6:10 P.M. B) ROLL CALL Chairman Chairman Segal polled the membership; all Commission members were present. C) OVERVIEW OF PLANNING COMMISSION ROLE AND PROCEDURES Susan Canon Chairman Segal introduced the staff in attendance to the Commission (community development director Susan Canon, staff planner Howard Koontz and city clerk Susan Hiott). Mrs. Canon then summarized the role and expected procedures for the Commission, covering such topics as What is Zoning?, Zoning Procedures Law, Types of Applications and Policy. Mrs. Canon concluded her remarks by speaking about Standards for Review, and applicable Conditions of Zoning. A question and answer session between the Commission and staff followed. D) ADJOURNMENT- Chairman Mr. Segal adjourned the meeting at 7:11 P.M.

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Attachment: 2013-04-25 PC Work Session minutes (1073 : Approval of Planning Commission April 25, 2013 Work Session Minutes)

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MEMORANDUM
MEETING OF: June/05/2013 DISTRICT/COMMITTEE:Planning Commission SUBMITTING DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE: Approval of Planning Commission May 1, 2013 Regular Meeting Minutes BACKGROUND/SUMMARY: FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: ATTACHMENTS:
ATTACHMENTS: May 2013 PC reg mtg minutes (PDF)

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MINUTES City of Brookhaven Planning Commission Wednesday, May 1, 2013 7:00 PM Brookhaven Municipal Court 2 Corporate Square, Suite 125, Brookhaven, Georgia 30329 A. Call to Order Chairman Segal. Roll Call Chairman Stan Segal called roll with 7 members present. Chairman Segal introduced the staff: Howard Koontz, City Planner for the City of Brookhaven and Susan Canon, Director Community Development for the City of Brookhaven. Chairman Segal read an explanation of the Planning Commission: The Planning Commission was established by the Code of Ordinances of the City of Brookhaven. They conduct public hearings on land use, zoning changes, co-texted amendments and other related land use matters. The commission is an advisory board which reports its finding and recommendations for considerations for actions to the Mayor and City Council for the City of Brookhaven. Final decisions will be made by the Mayor and council. B. Approval of minutes None. C. Organizational and Procedural Items 1. Review of Rules and Procedures Chairman Segal read the resolution explaining the adoption of the rules. Chairman Segal opened the floor to the staff for discussion. Susan Canon, Director Community Development explained the procedures in detail. Chairman Segal entertained the motion to approve the resolution. Motion and Vote: Board member John Funny moved to approve the resolution as presented. Board member John Hess seconded. Passed unanimously 7-0.

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Attachment: May 2013 PC reg mtg minutes (1074 : Approval of Planning Commission May 1, 2013 Regular Meeting Minutes)

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2. Nomination and Election of a Vice-Chair. Chairman Segal entertained a motion to nominate the Vice Chairman. Motion and Vote: Commissioner Shannon Cameron moved to nominate Commissioner John Funny as Vice Chairman. ________________________ D. Unfinished Business - None E. New Business 1. RZ13-01: Brad Hughes, of Rockhaven Homes, LLC, located at 11 Lumpkin St., Suite 200, Lawrenceville, GA 30046, seeks the following: Rezoning of a 3.9 acre parcel located at 1475 North Druid Hills Road, NE, Atlanta, Georgia 30319, from R-75 to RM-75 to allow for the construction of a 40-unit townhome project. The tax parcel number of the subject property is 18 200 04 042. Community Director Susan Canon explained they had received a request for a deferral and ask the attorney for the applicant to explain the case. Attorney for the applicant, Doug Dillard, Weissman, Nowack, Curry and Wilco, represents Residential South Partners. They filed an amendment authorization from the owner along with a request for this case to be held for 60 days until the next regular scheduled meeting, July 3, 2013 and any amended site plans must be filed by May 31, 2013. They would like the opportunity to meet with the neighborhood to try to reach an agreement. Chairman Segal entertained a motion for the deferral. Motion and Vote: Jack Honderd moved to defer the application for 60 days. Vice Chairman, John Funny second. Passed unanimously, 7-0. Chairman Segal entertained a motion for open discussion to the public for comment but not specifically about application RZ13-01. seconded, passed unanimously, 7-0.

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Attachment: May 2013 PC reg mtg minutes (1074 : Approval of Planning Commission May 1, 2013 Regular Meeting Minutes)

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Vice Chairman, John Funny moved to have the public speak in general about the nature of development within the community and not specifically about the application. Motion and Vote: Commissioner Jack Honderd seconded. Passed unanimously, 7-0. The following residents expressed their comments during the 10 minute public comment timeline: Andrew Kauss, Jerry Polk, Thomas Porter, Mike Neumeier, Andrew Drivinski, Terry Sylvan and Beth Taylor.

F. Adjourn Chairman Segal.

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Attachment: May 2013 PC reg mtg minutes (1074 : Approval of Planning Commission May 1, 2013 Regular Meeting Minutes)

MEMORANDUM
MEETING OF: June/05/2013 DISTRICT/COMMITTEE:Brookhaven City Council SUBMITTING DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE: RZ13-02-Text Amendment to the Zoning Ordinance Regarding the Brookhaven-Peachtree Overlay BACKGROUND/SUMMARY: The Mayor and Council enacted a moratorium within the geographic boundary of the Brookhaven-Peachtree Overlay District and asked that the staff review the text to determine whether changes were needed for appropriate implementation. In addition, community input was solicited to further identify concerns. The staff presented the Mayor and Council with the findings of the reviewed information. Subsequently, the Mayor and Council directed that a text amendment move forward to address the following areas: height, story, parking for restaurants, sidewalk signs, and density. FISCAL IMPACT: (Budgeted over or under) STAFF RECOMMENDATION: The staff recommends approval of text amendment RZ13-02. ATTACHMENTS:
ATTACHMENTS: BH Overlay Text Amendment 5_16_13 (PDF)

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CITY OF BROOKHAVEN DEKALB COUNTY, STATE OF GEORGIA ORDINANCE 2013 XX XX TEXT AMENDMENT 2013-02

TEXT AMENDMENT TO THE CITY OF BROOKHAVEN ZONING ORDINANCE RELATING TO THE BROOKHAVEN-PEACHTREE OVERLAY DISTRICT WHEREAS, the City of Brookhaven Mayor and Council are tasked with the protection of the Citys health, safety, and general welfare; and WHEREAS, the City of Brookhaven Mayor and Council are authorized to exercise zoning powers; and WHEREAS, the City lawfully assumed Planning and Zoning responsibilities from DeKalb County on January 17, 2013; and WHEREAS, to ensure the responsible governance over zoning, land use, variances and other statutory controls on the uses of property within the boundaries of the Brookhaven-Peachtree Overlay District within the City of Brookhaven the city imposed a moratorium to study technical aspects affecting implementation of the overlay district, not to exceed midnight on June 25, 2013; and WHEREAS, the Community Development Director reviewed the Brookhaven-Peachtree Overlay District language within the Zoning Ordinance, solicited public input, and held various meetings with interested parties; and WHEREAS, the Community Development Director provided an outline of feedback received to the Mayor and Council; and WHEREAS, the Community Development Director advised the Mayor and Council that density is regulated by the underlying zoning district and recommended limited technical revisions relating to parking, signage, story, and height; and WHEREAS, the Community Development Director received further direction from the Mayor and Council to amend the district overlay in regard to applicable density ; and WHEREAS, the Mayor and Council find that a text amendment is needed to provide for effective administration of the Brookhaven-Peachtree Overlay District; NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Brookhaven, Georgia, and it is hereby ordained by the authority of same, that Chapter 27 of the Code of the City of Brookhaven, also known as the City of Brookhaven Zoning Ordinance, adopted January 15, 2013, is hereby amended as follows:

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Attachment: BH Overlay Text Amendment 5_16_13 (1072 : RZ13-02-Text Amendment to the Zoning Ordinance Regarding the Brookhaven-

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PART I.

Section 27-728.15.12 (f) subparagraph (2) is hereby amended by the deletion of subparagraph (2) and the substitution of subparagraph (2) as follows:

(2) All building heights are to be measured from the average elevation of the finished sidewalk measured along the building faade facing the street with the highest daily traffic volume, to the top of cornice or top of parapet wall for flat roof buildings or the bottom of the eave for sloperoofed buildings. Levels measuring less than six (6) feet in height for the purposes of raising the first-floor level about the street level, providing a consistent first-floor level (crawl space), or for the sole purpose of housing mechanical, plumbing, or electrical equipment shall not be counted as stories for the purposes of calculating maximum building heights.

PART II. Section 27-728.15.12 (f) subparagraph (3) is hereby amended by adding the following sentence to subparagraph (3) as follows: (3) The second story shall be heated and available for human occupancy consisting of no less than 75% of the square footage of the floor area beneath, less and except outdoor assembly area.

PART III. Section 27-728.15.10 (a) is hereby amended by the addition of subparagraph (4) as follows: (4) Restaurants: One (1) parking space for every 125 square feet of dining space, including outdoor dining space (minimum and maximum).

PART IV.

27-728.15.11 (Signs) is hereby amended by the addition of the following language to such section:

Sidewalk signs shall be allowed within the Brookhaven-Peachtree Overlay District. Sidewalk signs are defined as an A-frame or easel style sign to be placed on the sidewalk in conjunction with a business establishment. The following shall apply to sidewalk signs: 1. Sign composition material: Wood or Metal (dry erase or chalk board style). 2. Setback from Right-of-way: Must be situated to allow for clear passage with a minimum accessible sidewalk width of 36 and compliance with the American with Disabilities Act.

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Attachment: BH Overlay Text Amendment 5_16_13 (1072 : RZ13-02-Text Amendment to the Zoning Ordinance Regarding the Brookhaven-

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3. 4. 5. 6.

Number of Signs allowed: One (1) per establishment. Maximum Height: Three (3) feet. Sign Area: No larger than six (6) square feet. Sign placement per establishment shall not be placed beyond the exterior wall faade per tenant space. 7. All sidewalk signs shall be removed daily upon cessation of business hours and shall be stored indoors. 8. No sidewalk signs shall be lit, contain neon, or contain plastic construction or embellishment. 9. Evidence of neglect or dilapidation of any sidewalk sign shall provide cause for immediate removal. 10. Sidewalk signs shall not require a sign permit or authorization sticker affixed to the subject sign. PART V. Section 27-728-15.1 (Scope of provisions) shall be amended by adding the following sentence to read as follows: Conflict means there are competing regulations or provisions. In the absence of a provision in the overlay district, the regulations of the underlying zoning shall apply.

PART VI. Section 27-728.15.12 (g) (4) c. is hereby be amended by the substitution of the word pubic with the word public.

PART VII. EFFECTIVE DATE This ordinance providing for a text amendment and moratorium expiration shall become effective upon adoption by the Mayor and City Council

PART VIII. SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this ordinance as a whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional.

PART IX. REPEAL OF CONFLICTING ORDINANCES This ordinance amends the City of Brookhaven Zoning Ordinance, and all other conflicting ordinances or resolutions are hereby repealed, provided that nothing herein shall be construed as

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Attachment: BH Overlay Text Amendment 5_16_13 (1072 : RZ13-02-Text Amendment to the Zoning Ordinance Regarding the Brookhaven-

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repealing the conditions of use, operation, or site development accompany permits lawfully issued under previous ordinances or resolutions, and provided further that modification or repeal of those past conditions of approval may be accomplished as authorized and provided by the requirements of the Zoning Ordinance.

SO ORDAINED AND EFFECTIVE

This

day of

, 2013. APPROVED:

J. Max Davis, Mayor

ATTEST:

APPROVED AS TO FORM:

Susan Hiott, City Clerk (Seal)

William F. Riley, Acting City Attorney

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Attachment: BH Overlay Text Amendment 5_16_13 (1072 : RZ13-02-Text Amendment to the Zoning Ordinance Regarding the Brookhaven-