File #: 2023-1431    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 11/6/2023 In control: Board of Commissioners - Zoning Meeting
On agenda: 5/23/2024 Final action: 5/23/2024
Title: COMMISSION DISTRICT(S): COMMISSION DISTRICT 05 SUPER DISTRICT 07 Application of The Varner Group c/o Bejune Industries to rezone property from C-1 (Local Commercial) zoning district to RSM (Residential Medium Lot) zoning district to construct a townhome community, at 6826 Covington Highway.
Attachments: 1. Z-24-1246747 Recommended Conditions, 2. Z-24-1246747 May 2024 Staff Report 6826 Covington Hwy, 3. Z-24-1246747 Jan 2024 Staff Report 6826 Covington Hwy

                                    

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title
COMMISSION DISTRICT(S): COMMISSION DISTRICT 05 SUPER DISTRICT 07

Application of The Varner Group c/o Bejune Industries to rezone property from C-1 (Local Commercial) zoning district to RSM (Residential Medium Lot) zoning district to construct a townhome community, at 6826 Covington Highway.

Body

 

PETITION NO: D1-2023-1431  Z-24-1246747

PROPOSED USE: Townhome community.

LOCATION: 6826 Covington Highway, Lithonia, Georgia 30058.

PARCEL NO. : 16-089-03-012

INFO.  CONTACT: Adam Chappell, Sr. Planner

PHONE NUMBER: 404-371-2155

 

PURPOSE:

Application of The Varner Group c/o Bejune Industries to rezone property from C-1 (Local Commercial) zoning district to RSM (Residential Medium Lot) zoning district to construct a townhome community.

 

 

RECOMMENDATION:

Recommended Action

COMMUNITY COUNCIL: (April 8, 2024) Approval. (Dec. 4, 2023) Approval.

 

PLANNING COMMISSION: (May 2, 2024) Approval with Conditions.  (January 9, 2024) Two-Cycle Deferral.

 

PLANNING STAFF: Approval with conditions.

 

STAFF ANALYSIS: In 2007, the subject property was rezoned to the C-1 (Local Commercial) Zoning District with conditions to allow for retail uses in substantial compliance with a then-submitted site plan (CZ-07-13514). A request for a major modification of conditions was approved by the Board of Commissioners in 2014 to allow for a 51,896 square foot medical office complex consisting of a total of four (4) buildings on the property (CZ-14-19246). These plans never came to fruition, and at the time of this analysis, the subject property remains undeveloped. The applicant’s proposal is to rezone the subject property to the RSM (Small Lot Residential Mix) Zoning District in order to construct a single-family, attached, townhome development. The subject property is part of a Commercial Redevelopment Corridor (CRC) Character Area. The proposed zoning is consistent with the policies and strategies of said character area to allow townhome land uses and to promote the redevelopment of commercial corridors in decline (page 43). Along Covington Highway and surrounding the subject property are existing commercial, single-family detached, single-family attached, and multifamily uses. The proposed rezoning and townhome use would not conflict with the existing character and makeup of this corridor and is consistent with the DeKalb 2050 Unified Plan. The original site plan, however, lacked sufficient detail (e.g., incorrect setbacks, density calculations, and open space calculations). Additional deficiencies were noted by other regulatory agencies including Land Development, Roads and Drainage, Transportation, and Watershed Management. In order to address departmental concerns and adjust the site plan accordingly, both Planning Staff and the Planning Commission recommended a Two-Cycle Deferral, which was granted by the Board of Commissioners at a public hearing held on January 25, 2024. The applicant’s proposal and associated site plan have undergone significant changes since. The most recent site plan, dated April 19, 2024, proposes up to 40 single-family, attached, dwelling units that are to be developed as condominiums. The proposal demonstrates strong adherence to street connectivity standards per Sections 5.3.2. and 5.7.6. of the Zoning Ordinance. The majority of units have rear-loading garages made accessible by a network of alleys, and have front facades facing public streets - or private streets that are to be constructed to public street standards. Significant detail has been made to show pedestrian connections - a ten (10)-foot multimodal path is proposed along the entirety of the development site’s frontage on Covington Highway, and interior streets all feature sidewalks and connections to proposed amenities. Landscaping in association with these pedestrian paths is provided that will ensure an aesthetically pleasing, safe, and welcoming environment at the pedestrian level. A minimum of 20 percent of the development site shall be developed with open space in mind; half of this, or ten (10) percent of the site, shall be developed with enhanced open space. Amenities such as a clubhouse, gazebo, and a central common area are proposed, as is a system of mulch trails that will traverse the rear of the development site. These trails are located within a 100-year floodplain, and a portion of the subject property contains state waters. At this time, minimum open space and enhanced open space requirements appear to be met but may not properly depicted on the site plan. Yards shown in front or to the side of units are depicted as enhanced open space, which do not qualify as such, whereas the proposed system of trails that are not labeled as being enhanced open space, most likely do. The RSM Zoning district allows for a maximum base density of four (4) units per acre. At approximately 6.73 acres in size, the development site is limited to no more than 26 dwelling units by-right. Bonus density qualifying standards, as per Section 2.12.5 through Section 2.12.7. of the Zoning Ordinance, may be provided to increase the bonus maximum density allowed to up to eight (8) dwelling units per acre. A 50-percent density bonus increase has been proposed by the applicant by developing the site as a mixed-income development, with no fewer than ten (10) percent of units to be reserved for “very low-income households”, as established by the Atlanta Regional Commission. Said density bonus would increase the maximum density to six (6) units per acre, allowing for a maximum of 40 dwelling units as is proposed. The development would be subject to a 30-year enforceable commitment approved by the County attorney and recorded on any deed records. Correspondence with other County departments has indicated that many of the original site plan’s deficiencies appear to have been adequately addressed with the most recent site plan. While the proposal may be subject to minor changes to comply with other departments’ requirements at the Land Development Permit (LDP) phase, Planning Staff concludes that the most recent proposal demonstrates exceptional compliance with design standards for a single-family, attached, development, and said development and associated rezoning request is consistent with the intent of the CRC Character Area and the DeKalb 2050 Unified Plan. Therefore, the Planning and Sustainability Department recommends “Approval with the attached recommended conditions”.

 

PLANNING COMMISSION VOTE: (May 2, 2024) Approval with conditions 6-0-1.  Jan Costello moved, Edward Patton seconded for approval with nine (9) conditions, per staff recommendation.  Tess Snipes abstained.  (January 9, 2024) Two-cycle deferral 8-0-1.  Jan Costello moved, Jana Johnson seconded for a 2-cycle deferral to the May 2024 zoning agenda, per Staff recommendation.

 

COMMUNITY COUNCIL VOTE/RECOMMENDATION(April 8, 2024) Approval 9-0-0.  (Dec. 4, 2023) Approval 6-1-1.