Impact
WARD: 3
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Zoning Request Z15-014 - Approval of a zoning amendment to modify the currently approved site plan and building elevations - 12.62 Acres - Land Lot 559 - Northeast corner of the intersection of Atlanta Road and Spring Road - Halpern Enterprises, Inc.
Body
ISSUE: Halpern Enterprises, Inc is proposing to construct a mixed use project at a lesser density than the original Jonquil Village Project. The proposed project will consist of approximately 65,000 sq. ft. of retail space and 290 luxury apartment units with an associated parking garage.
BACKGROUND: The subject property is a 12.62 acre triangular shaped tract bordered to the north by CSX railroad, to the south by Spring Road, to the west by Atlanta Road and to the north by the City of Smyrna’s Aunt Fanny’s Cabin. On November 5, 2007, the subject property was rezoned (Z07-018) in conjunction with the City of Smyrna and AG Armstrong from General Commercial (GC) and Light Industrial (LI) to Mixed Use (MU) with a series of zoning conditions placed on the property. The proposed project associated with the original rezoning of the property, known as “Jonquil Village”, consisted of 188,000 square feet of commercial retail space, 29,000 square feet of commercial office space and approximately 300 residential condominium/luxury apartment units in six buildings all over an underground parking deck. The 188,000 square feet of commercial floor area for the development was broken down into a 40,000 square foot grocery anchor, 33,000 square foot secondary retail anchor, 40,000 square feet of restaurants, and 75,000 square feet of mixed retail tenants. The proposed parking deck was to be constructed by the developer who would later be reimbursed for the infrastructure through Tax Allocation District (TAD) funding. Due to the project’s size, the project was deemed a “Development of Regional Impact” (DRI) and was reviewed by the Atlanta Regional Commission (ARC) and the Georgia Regional Transportation Authority (GRTA). After the rezoning of subject property and subsequent DRI review, the developer submitted civil and architectural plans to city staff for review and approval. The Urban Design Commission approved the architectural plans for the development on March 6, 2008. The Mayor and Council heard a zoning amendment to modify the originally approved site plan and building elevations on December 2, 2013 and voted to deny the request by a vote of 4-3.
Since the initial rezoning of the subject property in 2007, the existing Jonquil Plaza shopping center and additional commercial buildings located on the property have been demolished and removed. The previous developer removed a large amount of dirt from the site for the construction of the underground parking deck and stormwater management facilities. The previous developer was able to complete the stormwater detention facility and start construction on a portion of the underground parking deck prior to work stopping on-site. Progress on the project halted as a result of the economic downturn (lack of financing). Since work has stopped on-site, the property has gone through foreclosure and Community Development has worked diligently with the property owner to stabilize the site with regards to soil and erosion control, as well as, erecting construction fencing and screening. The applicant is now the current owner of the property and has obtained a grading permit to remove some of the infrastructure installed by the initial developer and to bring in dirt to raise the site elevation 3 to 5 feet.
The development went before the Urban Design Commission (UDC) on Monday, August 10, 2015 for review of compliance with the Urban Design Guidelines. The UDC unanimously approved the building elevations with the incorporation of some staff recommendations. The zoning request then went before the Planning and Zoning Board on Monday, August 10, 2015 and was recommended for approval by a vote of 4-3. Since the Planning and Zoning Board and UDC meetings, the applicant has revised the building elevations to address each boards comments. The site plans and building elevations have been updated and the staff recommendation has been adjusted accordingly.
RECOMMENDATION/REQUESTED ACTION: Community Development recommends approval of the requested zoning amendment to modify the currently approved site plan and building elevations with the following stipulations:
1. The stipulations and conditions set forth herein shall replace and supersede in full any and all prior stipulation and conditions, in whatsoever form, which are currently in place concerning the subject property.
2. The subject property consists of 12.62 acres of total site area, which shall be developed as a mixed-use development including, but not limited to, the following: Class A amenitized apartments, restaurants, retail and ancillary permitted uses allowed under the MU zoning district.
3. The approval of the zoning amendment shall be in substantial conformity to the zoning plan submitted on August 14, 2015, titled Jonquil and created by B+C Studios.
4. The approval of the zoning amendment shall be in substantial conformity to the building elevations and renderings submitted on August 14, 2015 titled Jonquil and created by Wakefield Beasley and Associates. In addition, the developer must receive approval of the building architecture from the Urban Design Commission prior to the issuance of the commercial building permit.
5. The minimum floor area for attached dwelling units, condominium units and other multi-family units may not be less than an average of 900 square feet. (Section 720.9(2) of the Zoning Ordinance).
6. Prior to the issuance of a building permit, the developer shall submit Master Protective Covenants for the entire development, which will include all components of the development. Concurrently therewith, a Master Association shall be formed which will include all components of the proposed development. The Master Association will be responsible for the oversight, upkeep and maintenance of all entrance areas, common areas, community buildings and structures, openspace areas and similar features contained within the overall development (i.e. walking trails, sidewalks, plazas and street furniture, etc.).
7. The Master Association shall have architectural design regulations which will control such items as signage and other usual and necessary Covenants and Restrictions to protect the quality and integrity of the development.
8. A third party management company and/or the developer (or their successor) shall manage the day to day operations of the Master Association, including the responsibility of all commonly owned properties and all amenities within the proposed development. They shall also be responsible for the management of all association monies as well as ensuring that the Association is properly insured.
9. The retention/detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a ten percent (10%) reduction in a 2-year to 100-year storm event. The City Engineer shall approve all plans.
10. All utilities within the development shall be underground.
11. The developer shall be responsible for all water and sanitary sewer improvements deemed necessary by the Public Works Director. At a minimum and not limited to, the following water and sanitary sewer improvements shall be made:
a. The extension of the city water main along Spring Road.
12. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the city or the county during construction plan review. At a minimum and not limited to, the following transportation improvements shall be made:
a. The access drive on Spring Road shall be limited to right in/right out;
b. The completion of the Spring Road 10’ multi-use trail from the pedestrian bridge to Atlanta Road. The multi-use trail shall match the existing trail along the Atlanta Road frontage;
c. The southern access drive on Atlanta Road shall be limited to right in/right out;
d. The applicant/developer shall be responsible for the installation of the traffic signal and associated crosswalk work in accordance with the Atlanta Road Trail and Streetscape project; and
e. The northern access drive shall be a signalized intersection with the design of the intersection to be approved by the City Engineer.
13. The developer shall dedicate enough right-of-way along Atlanta Road to get the existing multi-use trail entirely onto the public right-of-way.
14. The developer shall provide both pedestrian and vehicular inter-parcel access with the city owned property to the north.
15. No debris may be buried on any lot or common area.
16. The developer will install decorative streetlights within the development equivalent to Georgia Power style posts and light fixtures used in the Market Village. These lighting fixtures are subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting".
17. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction.
18. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect.
19. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
20. All entrance signage shall be ground-based, monument-style signage with finish material and colors in substantial conformity to the architectural style embodied in the mixed-use development and the sign renderings submitted on 8/6/2015.
21. Parking for the restaurants, commercial, retail and apartments within the development will be provided by means of surface and structured parking as shown on the submitted site plan, which will employ “shared” parking among the respective components and will provide sufficient and adequate parking for the total development.
22. All air conditioning condenser units, transformers and any other utilities shall be fully screened from view from any public right-of-way. The utility units components placed on the roof of the buildings may be screened by parapets and the utility components at ground level may be screened by landscaping.
23. All landscaping shall be installed and maintained by a professional third-party group.
24. Concrete sidewalks shall be permitted for use around the commercial buildings as shown on the site plan submitted and dated 8/6/2015. All other sidewalks and crosswalks connecting to the Atlanta Road and Spring Road multi-use trails and between the different buildings shall be constructed with the use of brick pavers and match the pattern of the multi-use trail along Atlanta Road. The design of these crosswalks and sidewalk shall be subject to the review and approval of the City Engineer.
25. The developer shall provide a bike sharing station along Spring Road. This bike sharing station shall be constructed in accordance the city’s bike sharing program. The location of this facility shall be reviewed and approved by the City Engineer.
26. The non-residential components shall contain a maximum floor area of 65,000 sq. ft. which will include a grocery store, restaurants and other retail uses.
27. Dumpsters shall be positioned so as to prevent visual intrusion from streets, connection points to community spaces and wherever possible with screening by landscaping, walls and/or vegetation. Dumpsters shall have rubber lids and bumpers to minimize noise during emptying. At grade trash compaction shall also be allowed and screened as appropriate in accordance with the City’s regulations.
28. There shall be no outside paging systems, phone bells or loud speakers. However, outdoor music systems and outdoor musical performers shall be allowed.
29. The following uses shall be prohibited:
a. Video arcades as a primary use;
b. Adult-themed book and novelty stores as a primary use;
c. Automotive sales, repair and/or service facilities;
d. Movie theaters;
e. Gas stations and convenience stores with gas sales;
f. Fast food establishments such as McDonald’s, Wendy’s and the like;
g. Pawn shops;
h. Automotive wash services;
i. Boat sales and repairs;
j. Boarding and breeding kennels;
k. Dry cleaning plants;
l. Farm equipment sales and services;
m. Lumber, hardware and other building material establishments;
n. Mobile home and travel trailer sales;
o. Motorcycle sales and services;
p. Check cashing establishments;
q. Service stations;
r. Station terminals for bus and rail passenger service;
s. Taxi stands;
t. Theaters;
u. Tattoo parlors;
v. Massage parlors;
w. Pool halls; and
x. Package stores (except in the context of wine/spirits sold in a market or specialty shop).
30. The maximum number of residential units shall not exceed 290 Class A amenititzed multi-family units. One hundred percent (100%) of the said units shall be constructed so that the units can be modified to individually owned condominium units in the event of future favorable market conditions.
31. All apartment units shall be maintained in a Class A/First Class manner.
32. The multi-family units shall include the following interior finishes:
i. Minimum nine-foot (9’) ceilings;
ii. Forty-two inch (42”) upper cabinets in the kitchen;
iii. Crown molding in the main living area (i.e. living room & kitchen);
iv. Pendant lighting shall be utilized in the in the kitchen area of the units and spot track lighting shall be used in both the kitchen and dining areas of the units;
v. Bathroom cabinets need to be of equal or similar quality as kitchen cabinets;
vi. Sheet vinyl flooring and VCT vinyl flooring shall be prohibited;
vii. Tile flooring shall be required in both the kitchen and bathrooms;
viii. All bathrooms shall have tile tub/shower surrounds;
ix. All kitchen and bathroom counter and cabinet tops shall be solid surface granite or similar material. Laminate counter tops are prohibited;
x. All kitchen counter tops shall be horizon style counter tops; and
xi. All kitchen sinks shall be under-mounted stainless steel sinks.
33. The approximate mixture of unit types shall consist of the following: sixty-five percent (65%) one bedrooms; thirty-five percent (35%) two bedrooms; and five percent (5%) three bedrooms.
34. The developer shall comply with the City of Smyrna’s Sign ordinance as applied to a “planned shopping development” in Section 82-15(b) subject to the provision that buildings will be allowed to have two (2) wall signs, one sign on the street side of the building that is visible from the public right-of-way and one sign on the parking side of the building.