C I T Y O F a T L a N

C I T Y O F A T L A N T A

KEISHA LANCE BOTTOMS DEPARTMENT OF CITY PLANNING TIM KEANE MAYOR 55 TRINITY AVENUE, S.W. SUITE 3350 – ATLANTA, GEORGIA 30303-0308 COMMISSIONER 404-330-6145 – FAX: 404-658-7491 www.atlantaga.gov KEYETTA M. HOLMES, AICP Director Office of Zoning and Development

MEMORANDUM

TO: Zoning Review Board

FROM: Keyetta M. Holmes, AICP, Zoning Administrator KMH

SUBJECT: Z-17-59/Z-21-26 for 320 North Highland Avenue, NE and 342 Copenhill Avenue, NE

DATE: April 8, 2021

An Ordinance by Councilmember Amir Farokhi to reconsider court remanded rezoning application number Z-17-59 and to rezone property located at 320 North Highland Avenue NE from RG-2/HC20L SA 1/BL (Residential General District Regulations Sector 2/Inman Park Historic District SA 1/Beltline Overlay) to MRC-1-C/HC20L SA 1/BL (Mixed Residential Commercial District Regulations Conditional/Inman Park Historic District SA 1/Beltline Overlay) and to rezone property located at 342 Copenhill Avenue NE from RG-2/HC20L SA 1/BL (Residential General District Regulations Sector 2/Inman Park Historic District SA 1/Beltline Overlay) to RG-2-C/HC20L SA 1/BL (Residential General District Regulations Sector 2 Conditional/Inman Park Historic District SA 1/Beltline Overlay); and for other purposes.

FINDINGS OF FACT:

• Property Location: The subject site fronts 123 feet on the north side of North Highland Avenue, NE and 118.42 feet on the north side of Copenhill Avenue, NE and begins 111 feet from the intersection of North Highland Avenue, NE and Elizabeth Street, NE. The property is in Land Lot 15 the 14th District of Fulton County, Georgia in the Inman Park neighborhood of NPU-N, Council District 2.

• Property Size and Physical Features: The subject site is approximately 0.665 (28,967 sq. ft.) acres. The site is currently developed with a two-story brick structure. An accessory parking lot is located to the northeast of the building and is accessible from a curb cut along North Highland Avenue. Although there is limited landscaping, a number of mature trees are scattered on the site within the small lawns and parking areas. The lot topography varies with multiple grade changes across the site.

Z-17-59 for 320 North Highland Avenue, NE and 342 Copenhill Avenue, NE April 8, 2021 Page 2 of 4

• CDP Land Use Map Designation: The current land use category for the site is Mixed Use. The proposed rezoning to the MRC-1-C/HC20L SA 1/BL (Mixed Residential Commercial District Regulations Conditional/Inman Park Historic District SA 1/Beltline Overlay) zoning classification consistent with the existing land use designation within the 2016 Comprehensive Development Plan.

• Current/Past Use of Property: The property is currently developed with a two-story primary structure with a gravel surface parking area, which appears to have previously been a variety of industrial and residential uses.

• Surrounding Zoning/Land Uses: The subject site and surrounding parcels are zoned I- 2/HC20L SA1/BL (Heavy Industrial/Inman Park Historic District Subarea 1/Beltline Overlay) zoning with a Mixed Use land use designation to the north, C-2/HC20L SA1/BL (Commercial Service/Inman Park Historic District Subarea 1/Beltline Overlay) with a Mixed Use land use designation to the northwest, I-1/HC20L SA1/BL (Light Industrial/Inman Park Historic District Subarea 1/Beltline Overlay) zoning to the west, C-1/HC20L SA1/BL (Community Business/Inman Park Historic District Subarea 1/Beltline Overlay) zoning with a Mixed Use land use designation to the south and southwest, R-5 (Two-Family Residential/Inman Park Historic District Subarea 1/Beltline Overlay) zoning with a Low Density Residential land use designation to the southeast. Uses in the area are characterized with both residential and commercial uses including restaurants, offices, retail, personal services, studios among others.

• Transportation System: North Highland Avenue is classified as a collector street, and Copenhill Avenue, is classified as a local street. MARTA does not service the immediate area, but the closest bus route is route #16 along Freedom Parkway. Sidewalks are consistently provided along both sides of North Highland Avenue and along the west side of Copenhill Avenue.

PROPOSAL:

320 North Highland Avenue NE:

The proposal is to reconsider court remanded rezoning application number Z-17-59 and to rezone property located at 320 North Highland Avenue NE from RG-2/HC20L SA 1/BL (Residential General District Regulations Sector 2/Inman Park Historic District SA 1/Beltline Overlay) to MRC-1-C/HC20L SA 1/BL (Mixed Residential Commercial District Regulations Conditional/Inman Park Historic District SA 1/Beltline Overlay).

The proposed conditions will balance the requirements of the MRC-1 zoning category with the unique characteristics of the subject property and the surrounding neighborhood. Accordingly, the permitted principal uses that can be developed under the requested category are low density residential and non-residential uses intended to serve a single neighborhood or small group of adjacent neighborhoods. All non-residential sales and service shall be conducted within enclosed permanent structures and there shall be no unenclosed displays of merchandise except for off- street parking and outdoor dining. The site shall be limited to 1.4 times net lot area for non- residential uses, allow an expanded curb cut for ingress and egress from the site and provide streetscape improvements consistent with the Inman Park Historic District regulations. Z-17-59 for 320 North Highland Avenue, NE and 342 Copenhill Avenue, NE April 8, 2021 Page 3 of 4

342 Copenhill Avenue NE:

While the court remand did not require the property located at 342 Copenhill Avenue NE to be rezoned, the property was included in the requested rezoning from RG-2/HC20L SA 1/BL (Residential General District Regulations Sector 2/Inman Park Historic District SA 1/Beltline Overlay) to RG-2-C/HC20L SA 1/BL (Residential General District Regulations Sector 2 Conditional/Inman Park Historic District SA 1/Beltline Overlay) to explore development opportunities that rezoned both 320 North Highland Avenue and 342 Copenhill Avenue. However, at this time there is not a proposed development that would rezone both properties and Staff recommends that 342 Copenhill Avenue NE not be rezoned and removed from this proposal.

CONCLUSIONS:

1. Compatibility with comprehensive development plan (CDP); timing of development: Since the proposed development of 320 North Highland Avenue is consistent with the existing Mixed-Use land use designation, no CDP land use changes are proposed. There are no known public projects or programs with which the timing of the project would conflict. Therefore, Staff notes that it is not applicable.

2. Availability of and effect of public facilities and services; referral to other agencies: The location of 320 North Highland Avenue and surrounding uses indicate there are public facilities and services available to the subject property. Furthermore, there has been no indication from review agencies and departments that there would not be adequate public facilities and services at the subject location.

3. Availability of other land suitable for proposed use; environmental effect on balance of land uses: The zoning regulations indicate that this consideration is optional. Furthermore, the proposed development of 320 North Highland Avenue is within an existing mixed-use block of the Inman Park neighborhood commercial district that is adjacent to several commercially zoned properties. The proposed zoning category permits a range of retail, service, office, and commercial uses. In this case, although there appears to be other parcels located in proximity to the site that would support the proposed mixed-use, Staff is of the opinion that this proposal to rezone 320 North Highland Avenue is reasonable in that it would not change the balance of land uses in the area.

4. Effect on character of the neighborhood: Staff finds that the proposed redevelopment of 320 North Highland Avenue provides an additional opportunity for retail, service, office, and commercial uses in the Inman Park neighborhood commercial district. This is consistent with the intent of the Mixed Use (1-4 stories) character area for new development within the Atlanta Beltline Subarea 5 Master Plan. Moreover, the Council District 2 Rail Corridor Inventory and Assessment recommended the conversion of the existing land uses “to mixed uses in new development and existing buildings to compliment the surrounding neighborhoods. This includes residential, retail, institutional and low-impact industrial and commercial uses.” The Council District 2 Rail Corridor Inventory and Assessment also recommends a mixed-use land use designation for the area in which the redevelopment is located. Z-17-59 for 320 North Highland Avenue, NE and 342 Copenhill Avenue, NE April 8, 2021 Page 4 of 4

Furthermore, 320 North Highland Avenue is located within a block of the Inman Park neighborhood commercial district of similar sized structures. This proposed rezoning is an appropriate addition to the neighborhood commercial district and would not further encroach into the surrounding greenspace or residential areas. Therefore, Staff is of the opinion that the approval of the applicant’s request for 320 North Highland Avenue would not have an adverse effect on the character of the neighborhood.

5. Suitability of proposed land use: Any proposed development must be in alignment with the Mixed-Use land use classification of the Atlanta Beltline Subarea 5 Master Plan. Furthermore, the Council District 2 Rail Corridor Inventory and Assessment recommends the adaptive reuse and conversion of the properties along North Highland Avenue in between Elizabeth Street and Copenhill Avenue to zoning districts that are compatible with the recommended Mixed-Use land use designation. Therefore, Staff notes the land use would be suitable concerning any development that is zoned MRC-1-C.

6. Effect on adjacent property: Staff notes that redevelopment of 320 North Highland Avenue would be of similar scale to the adjacent buildings within the Inman Park neighborhood commercial district. The proposal would adaptively reuse the existing two- story structure.

7. Economic use of current zoning: Staff is of the opinion that the proposed rezoning of 320 North Highland Avenue, would not negatively affect economic use. Also, in reconsidering application number Z-17-59 and in light of the court’s remand, Staff finds that two limitations in the specific regulations for MRC-1 should be lifted and that Secs. 16- 34.026(1.)(c.)(i.)&(ii.) should not apply to 320 North Highland Avenue based on the unique characteristics of the existing two-story brick structure. Otherwise, MRC-1 and its requirements are appropriate for 320 North Highland Avenue. Accordingly, the redevelopment would be expected to increase the economic value of the property and the adjacent properties within the block within the Inman Park Historic District.

8. Tree Preservation: It is the applicant’s stated intent to comply with the City of Atlanta Tree Ordinance.

STAFF RECOMMENDATION: APPROVAL conditioned upon the following:

1. The floor area ratio for non-residential uses shall not exceed 1.4 times the net lot area. 2. The subject property located at 320 North Highland Avenue does not have to comply with the requirements in Secs. 16-34.026(1.)(c.)(i.)&(ii.). 3. The allowable curb cut shall be expanded from 24’-0” to 30’-0” to allow for entrance and exit on Copenhill Avenue. 4. The required Beltline Overlay sidewalk requirement shall be adjusted to better comply with compatibility of the Inman Park Historic District by providing a 5’-0” planting and street furniture zone, a clear sidewalk of 7’-0” and a supplemental planting zone of 3’-0”.

C I T Y O F A T L A N T A

KEISHA LANCE BOTTOMS DEPARTMENT OF CITY PLANNING TIM KEANE MAYOR 55 Trinity Avenue, S.W. SUITE 3350 – ATLANTA, GEORGIA 30303-0308 Commissioner

404-330-6145 – FAX: 404-658-7491 KEYETTA M. HOLMES, AICP www.atlantaga.gov Director Office of Zoning & Development

MEMORANDUM

TO: Zoning Review Board

FROM: Keyetta M. Holmes, AICP, Zoning Administrator KMH

SUBJECT: U-21-02 for 2700 Butner Road, S.W.

DATE: April 8, 2021

An Ordinance by Zoning Committee for a special use permit for a day care center pursuant to 16-05.005(1)(B) for property located at 2700 Butner Road, S.W.

The applicant has requested a deferral. Staff is supportive of the request.

STAFF RECOMMENDATION: 30 DAY DEFERRAL MAY 2021

KEISHA LANCE BOTTOMS C I T Y O F A T L A N T A TIM KEANE MAYOR Commissioner OFFICE OF ZONING AND DEVELOPMENT 55 TRINITY AVENUE, S.W. SUITE 3350 – ATLANTA, GEORGIA 30303 KEYETTA M. HOLMES, AICP 404-330-6145 – FAX: 404-658-7491 Director http://www.atlantaga.gov/Government/Planning.aspx Office of Zoning & Development

MEMORANDUM

TO: Zoning Review Board

FROM: Keyetta M. Holmes, AICP, Zoning Administrator KMH

SUBJECT: Z-20-88 for 1046 Avondale Avenue, S.E. and 1104 Avondale Avenue, S.E.

DATE: April 8, 2021

An Ordinance by Zoning Committee to rezone from R-4/BL (Single Family Residential/Beltline Overlay) and MR-4A-C/BL (Multifamily Residential Conditional/Beltline Overlay) to MR-4A/BL (Multifamily Residential/Beltline Overlay) for property located at 1046 Avondale Avenue, S.E. and 1104 Avondale Avenue, S.E.

The applicant has requested a deferral. Staff is supportive of the request. STAFF RECOMMENDATION: 60-DAY DEFERRAL JUNE 2021

C I T Y O F A T L A N T A TIM KEANE KEISHA LANCE BOTTOMS Commissioner MAYOR DEPARTMENT OF CITY PLANNING KEYETTA M. HOLMES, AICP 55 TRINITY AVENUE, S.W. SUITE 3350 – ATLANTA, GEORGIA 30303-0308 Director 404-330-6145 – FAX: 404-658-7491 Office of Zoning and Development

www.atlantaga.gov

MEMORANDUM

TO: Zoning Review Board

FROM: Keyetta M. Holmes, AICP, Zoning Administrator KMH

SUBJECT: Z-21-01 for 263 Decatur Street, S.E.

DATE: April 8, 2021

An Ordinance by Zoning Committee to rezone from I-1 (Light Industrial) to MRC-2 (Mixed Residential Commercial) for property located at 263 Decatur Street, S.E.

The applicant has requested a deferral for more time to work with the NPU. Staff is supportive of this request.

STAFF RECOMMENDATION: 60 DAY DEFERRAL JUNE 2021

MEMORANDUM

TO: Zoning Review Board

FROM: Keyetta M. Holmes, AICP, Zoning Administrator KMH

SUBJECT: Z-21-03 for 69 Delmont Drive, N.E.

DATE: April 8, 2021

An Ordinance by Zoning Committee to rezone from RG-2 (Residential General Sector 2) to RG- 3 (Residential General Sector 3) for property located at 0 Sheridan Drive, N.E. (17 01000006025), 82 Sheridan Drive, N.E., 84 Sheridan Drive, N.E., 86 Sheridan Drive, N.E., 88 Sheridan Drive, N.E., 118 Sheridan Drive, N.E., 120 Sheridan Drive, N.E., 122 Sheridan Drive, N.E., 124 Sheridan Drive, N.E., 126 Sheridan Drive, N.E., 128 Sheridan Drive, N.E. 69 Delmont Drive, N.E., 71 Delmont Drive, N.E., 73 Delmont Drive, NE., 75 Delmont Drive, N.E., 77 Delmont Drive, N.E., 87 Delmont Drive, N.E., 89 Delmont Drive, N.E., 91 Delmont Drive, N.E., 93 Delmont Drive, N.E., 95 Delmont Drive, N.E., 97 Delmont Drive, N.E.

FINDINGS OF FACT:

• Property location: The subject property fronts approximately 195 feet on the south side of Delmont Drive commencing at the southeast right-of-way intersection of Delmont Drive and Peachtree Road; thence proceed easterly along the south right-of-way of Delmont Drive, 624.30 feet to a point (½ inch rebar); thence continue along said right-of-way a distance of 14.72 feet to a point; thence a distance of 44.11 feet to a point; thence a distance of 3.47 feet to a point and the true point of beginning. The property is located within Land Lot 100 of the 17th District Fulton County, Georgia in the Garden Hills Neighborhood of NPU-B in Council District 7.

• Property size and physical features: The subject property is an irregular shaped lot of approximately 2.49 acres. The property is currently developed with 4 two-story townhome buildings. The site has approximately 195 feet of frontage on the south side of Delmont Drive. Topography varies all throughout the site. There are currently two curb cuts, one on Delmont Drive and another on Sheridan Drive.

• CDP land use map designation: The future land use designation for this property in the 2016 Comprehensive Development Plan is Medium Density Residential (MDR) which is compatible with the proposed RG-3 (Residential General Sector 3) zoning. Z-21-03 for 69 Delmont Drive N.E. April 8, 2021 Page 2 of 6

• Current/past use of property: The subject property is currently developed with 4 two-story buildings containing townhomes. Staff is unaware of any other previous uses at the property

• Surrounding zoning/land uses: The subject property is currently zoned RG-2 (Residential General Sector 2) with a Medium Density Residential (MDR) land use designation. Surrounding zoning includes RG-2 (Residential General Sector 2) to the north, west and south, and R-4 (Single-Family Residential) to the east. Surrounding land-use designations include Medium Density Residential (MDR) to the north, west and south, and Community Facilities (CF) to the east.

• Transportation: The subject property is located along Delmont Drive and Sheridan Drive which are both classified as local roads. The closest bus stop is located 0.1 miles from the subject property at the corner of Delmont Drive NE and Peachtree Road NW. MARTA provides bus service along Peachtree Road NW, via bus route #110 with connections to the MARTA Buckhead Transit Station.

PROPOSAL: The applicant requests a rezoning from RG-2 (Residential General Sector 2) to RG-3 (Residential General Sector 3) for the redevelopment of the subject site with a 35-unit townhome and single- family residential development.

Project Specifications: Dwelling Units 35 Net Lot Area: 101,391 sq. ft. (2.33 acres) Gross Lot Area: 124,146 sq. ft. (2.85 acres) F.A.R. (Permitted max): 0.696 F.A.R. (Proposed): 0.696 (86,406 sq. ft.) Usable Open Space (required min): 0.40 (49, 658 sq. ft.) Usable Open Space (proposed): 0.57 (70,692 sq. ft.) Total Open Space (required min): 0.69 (85,661 sq. ft.) Total Open Space (proposed): 0.72 (89,145 sq. ft.) Parking (Required minimum): 34 spaces Parking (Proposed): 80 spaces

CONCLUSIONS:

1. Compatibility with comprehensive development plan (CDP); timing of development: The future land use designation for this property in the 2016 Comprehensive Development Plan (CDP) is Medium Density Residential (MDR) which is compatible with the proposed RG- 3 (Residential General Sector 3) zoning. The proposed rezoning will not require a CDP land use amendment.

Z-21-03 for 69 Delmont Drive N.E. April 8, 2021 Page 3 of 6

2. Availability of and effect on public facilities and services; referrals to other agencies: The location of the site and current use of surrounding properties indicates there are public facilities and services available to the subject property. There has been no indication from review agencies and/or departments that there would not be adequate public facilities and services at the subject location. Compliance with all applicable City codes will be required when proposed development plans are submitted to other agencies for permit review.

3. Availability of other appropriate land zoned for proposed use; effect on balance of land uses with regard to the public need: The applicant has not indicated that they own other land that would be suitable for this development. The proposed rezoning would not have a negative effect on the environmental balance of land uses. The proposed would replace the existing townhome housing type with a denser mix of single-family and townhome housing type without changing the existing medium density residential land use. Staff believes the proposed rezoning would maintain the existing balance of land uses in the area.

4. Effect on character of the neighborhood: Staff is of the opinion that the proposed would be compatible with the existing general residential character of the surrounding area. The 2016 Comprehensive Development Plan places the location within the High-Density Residential Character Area. Policies for this character area encourage a diversity of housing types to meet the needs of the community. The surrounding area is mostly developed with townhomes and some single family detached and attached homes that vary from medium to high density. Staff believes that a rezoning to RG-3 would allow a development at a density and housing type that is compatible with the existing character of the neighborhood.

5. Suitability of proposed land use: The applicant does not propose to change the existing medium-density residential land use, which is compatible with the proposed RG-3 (Residential General Sector 3) zoning. Additionally, staff finds that the proposed 35-unit development is suitable with the existing medium density residential land use which allows a density of 0-16 units per acre.

6. Effect on adjacent property: Staff is of the opinion the proposed rezoning would have a positive effect on adjacent properties by providing a denser development with varying housing types in this CDP character area. The proposed would allow a 35-unit development with a density that is compatible with existing surrounding residential developments on adjacent properties. Staff also believes that the proposed would positively affect adjacent properties by providing a housing type that varies from the predominately existing townhome housing type.

7. Economic use of current zoning: The subject property is currently zoned RG-2-C (Residential General Sector 2 Conditional) and the applicant proposes to rezone to RG-3 (Residential General Sector 3) to utilize a higher FAR for the proposed 35 unit townhome and single family residential development. Staff finds that the current zoning with a maximum FAR of 0.348 allows for some economic use of the property. However, a rezoning to RG-3 (Residential General Sector 3) would allow a maximum FAR of .696 thus allowing a denser development that provides more economic use of the property.

8. Compatibility with policies related to tree preservation: The proposed development will need to comply with the requirements of the City of Atlanta’s Tree Ordinance.

Z-21-03 for 69 Delmont Drive N.E. April 8, 2021 Page 4 of 6

9. Other Considerations: The Atlanta City Design articulates Atlanta’s vision organized according to its five core values of Equity, Progress, Ambition, Access, and Nature. It focuses future growth into already developed areas called Growth Areas, which are further categorized as Core, Corridors, and Clusters. Outside the Growth Areas are the Conservation Areas, which include Urban Neighborhoods, Suburban Neighborhoods, Rural Neighborhoods and Production Areas. Conservation Areas are the natural parts of the city that are less suited for growth and that should be protected from radical change.

According to the Atlanta City Design map, Sheridan Drive, NE, and Delmont Drive, NE are in a Clusters Neighborhood within a Growth Area. Growth Area Clusters are described as follows:

“These are the historically suburban commercial districts of New Atlanta that are becoming increasingly-urban. They are outlying concentrations of housing, workspaces, hospitals, and shopping that were developed at the confluence of major thoroughfares, highways, and transit. The largest and most established are Buckhead and Emory, but with better design, policies and investments, and with improving market conditions, other clusters like Greenbriar and outlying sites along Metropolitan and Hollowell, could emerge as strategic, lower cost areas for innovation and business expansion.” STAFF RECOMMENDATION: APPROVAL conditioned upon the following: 1. The maximum FAR allowed is 0.696. 2. No more than 35 residences will be developed. 3. The maximum height of the buildings is 45 feet and shall not violate the transitional height plane that is required adjacent to the property zoned RG-2. 4. The project roads shall not be gated. 5. Lighting within the project shall be designed to be residential in nature and shall not cause light spillage onto adjacent residential properties. 6. HVAC compressors (condensing units) shall not be installed between the front of the homes and the public right-of-way. 7. Developer to design a storm water facility for the Delmont site that will exceed the current City of Atlanta Stormwater ordinances as it pertains to runoff reduction and attenuation of the predevelopment site discharges. City of Atlanta Allowable Stormwater discharges will be reduced by an additional 5% utilizing on-site storm water management systems for all post development discharges. The RRv will be increased from 1 inch of rainfall to 1 and 1/8” of rainfall. The City of Atlanta Department of Watershed Management has the ability to make changes to this condition in accordance with adopted Ordinances and policies. 8. In no event shall buildings be setback less than five feet from the property lines adjacent to Sheridan and Delmont Drives rights-of-way. Z-21-03 for 69 Delmont Drive N.E. April 8, 2021 Page 5 of 6

9. Developer shall construct streetscape to include a sidewalk of not less than 5’ adjacent to the curb and a landscape strip adjacent to the sidewalk (between the building and the sidewalk) which will vary from 10’ to 15’, depending upon the applicable setback. 10. Developer shall replace curbs around the perimeter of the property with concrete header curb per city standard specifications. 11. Impervious paving around the perimeter of the pool shall be a maximum of 4,800sf. Pedestrian paths on the interior of the site shall be constructed using mulch, gravel, or other pervious material. Subject to approval by the Department of Watershed Management 12. Construction traffic shall access the site from Sheridan Drive or Delmont Drive via Peachtree Road. Developer will discourage construction traffic from driving through the Garden Hills neighborhood. All construction materials and parking shall be staged onsite. Developer shall discourage construction traffic on neighborhood surface streets. 13. Construction noise shall meet the requirements of Section 74-134(a) of the Code of Ordinances of the City of Atlanta which states that: construction noise will not be plainly audible within any single-family or multi-family residential zoning district more than 100 feet beyond the property boundary of the property except between the hours of 7:00 a.m. (or 9:00 a.m. on a weekend day or legal holiday) and 7:00 p.m. 14. During construction, the developer shall sweep the street regularly and pick up any debris or spills. All building materials shall be staged solely within the development. 15. Developer agrees to support and sign a petition if the Garden Hills Civic Association desires to submit a petition to the City of Atlanta to establish speed bumps and such other measures that would calm traffic and increase safety on roads adjacent to the property subject to approval by the Atlanta Department of Transportation. 16. Developer agrees that they are developing housing intended for owners’ occupancy. Developer will create Homeowners Association documents that stipulate a standard rental limit not to exceed 20% of the units being allowed as rentals. 17. Developer will construct a new crosswalk from the sidewalk adjacent to its property to align with the stairs to the Garden Hills Elementary School Park. Developer shall give consideration to mutually beneficial street furniture such as benches. Both of these provisions are subject to approval by the relevant departments of the City of Atlanta. 18. Developer agrees to support a request from the Garden Hills Civic Association to the City of Atlanta to restrict parking on Delmont and Sheridan Drives adjacent to the Property between 7:00 am-8:30 am and 2:30 pm - 4:00 pm Monday through Friday. Subject to approval by the City of Atlanta Department of Transportation. 19. The developer of the subject property will be required to clean any silt or construction debris, directly related to the failure of erosion and sediment control measures installed by developer during the development of the 67 Delmont property that happens to be transported to the adjacent grass field located at 285 Sheridan Drive, NE (Parcel ID 17 0100 LL010) due to an unusually heavy rainfall event. Silt shall be defined as newly Z-21-03 for 69 Delmont Drive N.E. April 8, 2021 Page 6 of 6

disturbed earth, which is typically “red” in color. Subject to approval by the City of Atlanta Department of Watershed Management, and Office of Site Development.

www.atlantaga.gov

MEMORANDUM amended TO: Zoning Review Board

FROM: Keyetta M. Holmes, AICP, Zoning Administrator

SUBJECT: Z-21-07 for 3330 Piedmont Road, N.E.

DATE: April 8, 2021

An Ordinance by Zoning Committee to rezone from SPI-9 SA4 (Buckhead Village Special Public Interest District) to SPI-9 SA4 (Buckhead Village Special Public Interest District) for a change of conditions for property located at 3330 Piedmont Road, N.E.

FINDINGS OF FACT:

• Property location. The subject site fronts 660.83 feet on the western side of Piedmont Road, N.E. commencing at a point at the intersection of the westerly right-of-way line of Piedmont Road N.E., and the northerly right-of-way line of Peachtree Road, N.E. The property is in Land Lot 61 of the 17th District of Fulton County, Georgia within the Buckhead Forest neighborhood of NPU-B in Council District 7.

• Property size and physical features. The site is approximately 10.886 acres (474,206 square feet) in land area and is currently developed with a strip mall with retail, service and restaurant uses. The lot topography varies throughout the site. Currently there is surface parking in the middle of the shopping center. Trees can be found around the property and minimum landscaping can be found throughout the site.

• CDP land use map designation: The subject properties have a Low Density Commercial land use designation within the 2016 Comprehensive Development Plan (CDP).

• Current/past use of property: The subject property is currently used as a shopping center. Staff is unaware of any other uses for the property.

• Surrounding zoning/land use: The surrounding properties vary in zoning classifications and land use designations. Parcels to the north and south are zoned SPI-9 SA 4 (Buckhead Village District, Subarea 4) with a Low Density Commercial (LDC) land use designation. Z-21-07 for 3330 Piedmont Road, N.E. April 8, 2021 Page 2 of 7

To the east, parcels are zoned SPI-12 SA 4 (Buckhead/ Lenox Stations, Subarea 4) with a Mixed Use (MU) land use designation. To the west, parcels are zoned R-4 (Single Family Residential) with a Single-Family Residential land use designation.

• Transportation: Piedmont Road is classified as an arterial road. Currently, MARTA serves the area via bus route #5 Piedmont Road. The closest MARTA Station is Buckhead Transit Station which is 0.5 miles from the subject property.

PROPOSAL: The applicant seeks to rezone from SPI-9 SA4 (Buckhead Village Special Public Interest District) to SPI-9 SA4 (Buckhead Village Special Public Interest District) for a change of conditions approved via legislation 98-O-0322 (Z-73-21/Z-71-74/Z-66-224). The applicant is proposing to demolish and reconstruct the existing grocery store and refurbish and renovate the existing shopping center to modernize the improvements and improve aesthetic appeal.

Project Specifications:

Net Lot Area: 474,206 sq. ft. (10.886 acres)

Existing building square footage to remain: 69,965 sq. ft. (includes area for potential future building)

Total building square footage: 163,393 sq. ft. Proposed FAR: 0.34

CONCLUSIONS:

1) Compatibility with comprehensive development plan (CDP); timing of development: The Comprehensive Development Plan (CDP) designates the subject property as Low Density Commercial (LDC). The proposed rezoning to SPI-9 SA4 (Buckhead Village Special Public Interest District) District for a change of conditions is consistent with the existing land use.

2) Availability of and effect on public facilities and services; referral to other agencies: The location of the site and current use of surrounding properties indicate there are public facilities and services available to the subject property. There has been no indication from review agencies and/or departments that there would not be adequate public facilities and services at the subject location. When the proposed development plans are submitted to other agencies for permit review, compliance with all applicable City codes will be required.

Z-21-07 for 3330 Piedmont Road, N.E. April 8, 2021 Page 3 of 7

3) Availability of other appropriate land zoned for proposed use; effect on balance of land uses with regard to the public need: The zoning regulations indicate that this consideration is optional. The applicant has not presented any evidence that they own other land in the area that is suitable for this development. The proposed change to the approved zoning conditions would not have an adverse effect on the environment or create an imbalance of land uses. The existing uses on the property will not be changed. Also, other land uses in the immediate area include commercial, hotel, residential and office which are all complementary to the existing and proposed use.

4) Effect on character of the neighborhood: The proposed change of conditions should have a positive effect on the surrounding neighborhood and environment. The amendment seeks redevelopment of the existing shopping center that provides goods, services, and food for the nearby residential, hotel and office uses. Staff believes that the renovation will enhance the character of the neighborhood through implementation of a modernized site design and renovated improvements.

5) Suitability of proposed land use: The proposed use is suitable in view of the use and development of adjacent and nearby property. Two high rise, mixed use developments, Tower Place and Terminus, are located immediately across Piedmont Road to the east. Big box retail stores, and a hotel are all located to the south of the site. Single family residential homes adjoin the property to the west. Multifamily attached dwellings and a hotel adjoin the property to the north. Therefore, Staff is of the opinion that the proposed use complements nearby existing commercial, hotel residential and office uses.

6) Effect on adjacent property: The proposed development should have no adverse effects on the adjacent properties from the partial redevelopment and renovation of the property. The immediate area includes a mix of office, hotel, commercial and residential uses. The proposal will improve the aesthetic appeal of the existing shopping center and modernize the existing improvements. Thus, the redevelopment should have a positive effect on the community.

7) Economic use of current zoning: The current zoning condition has economic use, as it is currently zoned and would allow for the continued use of the property as it exists. However, the proposed rezoning will amend the conditions and redesign the site to a design that is better suited with newer improvements in the area. The change in condition will also allow additional square footage for future development. Hence, the rezoning will provide more economic use.

8) Compatibility with policies related to tree preservation: Redevelopment of the property must comply with the City of Atlanta Tree Ordinance at time of permitting.

9) Other Considerations: Consistency with Atlanta City Design: The Atlanta City Design articulates Atlanta’s vision organized according to its five core values of Equity, Progress, Ambition, Access, and Nature. It focuses future growth into already-developed areas called Growth Areas, which are further categorized as Core, Corridors, and Clusters. Outside the Growth Areas are the Conservation Areas, which include Urban Neighborhoods, Suburban Neighborhoods, Rural Neighborhoods, and Production Areas. Conservation Areas are the Z-21-07 for 3330 Piedmont Road, N.E. April 8, 2021 Page 4 of 7

natural parts of the city that are less suited for growth and that should be protected from radical change.

According to the Atlanta City Design map, 3330 Piedmont Avenue, N.E., is in the Corridors Growth Area. These areas are described as follows:

“These are the connecting tissues of the city; the major streets that flow out of the core in every direction. They stitch Old and New Atlanta together and most of them are commercially developed. Streets like Hollowell, Peachtree and Jonesboro wind along the contours of the city while streets like Metropolitan, Memorial and Northside slice straight lines across hills and valleys. In either case, we find commercial sites, civic buildings and anchor institutions along the way. With better design, these corridors can become main streets for every community, accommodating a reasonable amount of growth that will spur commercial vitality and a vibrant public life out beyond the core of the city.”

STAFF RECOMMENDATION: APPROVAL conditioned upon the following:

1) The property shall be developed in accordance with the conceptual site plan entitled “Piedmont Peachtree Crossing” prepared by Kimley-Horn dated February 10, 2021 and stamped received by the Office of Zoning and Development on March 31, 2021 (the “Site Plan”). Minor changes to the approved Site Plan that are not in conflict with these conditions may be authorized by the Director of the Office of Zoning and Development in accordance with Section 16-02.003(7). Owner shall provide Historic Buckhead Forest, Inc., with written notice of any such minor changes.

2) Within 30 days after approval of zoning application Z-21-007, the owner shall commence and diligently pursue to completion the following actions which shall be complete prior to issuance of a special administrative permit: a. Remove existing silt and debris, and repair and service to good working order, from the Existing Detention Pond as shown on the Site Plan. b. Repair erosion at the footings of the Existing Detention Pond so as to properly route the stormwater runoff through the outlet control structure. c. Clean and repair storm water inlets that drain to the Existing Detention Pond d. Repair or replace, as the case may be, broken or non-functioning downspouts and other storm collection devices directing stormwater into the Existing Detention Pond.

3) Prior to issuance of a certificate of occupancy for Building 2 as depicted on the Site Plan, the owner shall complete the following actions: a. The overall stormwater detention system for the subject property shall be designed, constructed and repaired, as applicable, to meet current City of Atlanta standards. b. Execute and record a Stormwater Management Facility Inspection and Maintenance/Indemnification Agreement (or substantially similar agreement) on the City of Atlanta’s form and in accordance with the City of Atlanta’s Post Development Stormwater Management ordinance (the “O&M Agreement”), for the subject property. c. Cause an engineer to inspect the sanitary sewer line located in the northwest corner of the subject property. Any deficiencies in this sanitary sewer line and/or its structural support system shall be corrected. Z-21-07 for 3330 Piedmont Road, N.E. April 8, 2021 Page 5 of 7

d. Repair any damage caused by the sanitary sewer line that runs through the driveway of the property located at 3317 West Shadowlawn Avenue, pursuant to the Sanitary Sewer Easement recorded in Deed Book 6975, Pages 147-148 of the Fulton County, Georgia land records. e. A downstream hydrology study and analysis will be completed and submitted to the City of Atlanta. The downstream study will include an analysis point where the property’s watershed crosses Habersham Road as part of the downstream drainage basin.

4) The Existing Detention Pond shall be maintained in good working order and repair pursuant to the O&M Agreement and so that it functions at the level described in these conditions.

5) Upon written notification from any abutting property owner that the Existing Detention Pond or other stormwater collection facilities on the property are not operating as described herein, the owner of the shopping center shall (a) have the stormwater facilities inspected by its property manager and if reasonably necessary, a registered engineer, (b) correct any deficiencies found by such inspection, and (c) provide a written response to the abutting property owner and to Historic Buckhead Forest, Inc. detailing any findings and the corrective measures the owner will implement.

6) A ten foot (10’) high wooden, opaque fence shall be constructed on either the western Existing Detention Pond wall, or between the Existing Detention Pond and the property at 3317 West Shadowlawn Avenue, to provide visual screening for the benefit of that property. The owner of the subject property shall maintain the fence in good condition and repair.

7) The Buffer Area as depicted on the Site Plan (the “Buffer Area”) will be maintained to control invasive plant material, including kudzu, and any cleared areas shall be stabilized to avoid erosion. Dead, diseased or hazardous trees in the Buffer Area shall be removed as directed by a certified arborist, pursuant to applicable laws or ordinances. If existing trees are removed in the Buffer Area, they will be replaced with trees of equivalent height or 10 feet, whichever is less, of a species directed by certified arborist and pursuant to applicable laws or ordinances.

8) An eight foot (8’) tall opaque fence shall be installed along the western property line within the area shown on the Site Plan. The fence will be designed and installed in a manner so as to minimize damage to existing trees in the buffer area. Owner shall maintain the fence in good repair and condition.

9) The nine foot (9’) tall sound barrier wall currently located at the southwest corner of the property shall be extended toward the required fire access turn around are8a as shown on the Site Plan.

10) Dumpsters shall not be located between the rear of either Building 2 or Building 3 and the western property line, nor in the required fire access turn around area at the southwest corner of Building 2.

11) Sound attenuation improvements, or sound attenuation cabinets shall be used for, any air conditioning compressors and power generators which are hereinafter installed on the rear Z-21-07 for 3330 Piedmont Road, N.E. April 8, 2021 Page 6 of 7

50% of the roofs of Buildings 2 and Building 3 on any sides of such compressors which face westerly or northerly. Building 2 shall be designed and constructed with a roof parapet along its western wall. In the event the western wall of Building 3 is replaced or reconstructed, such replacement or reconstruction shall include a roof parapet.

12) The truck loading area for Building 3 as indicated on the Site Plan shall remain located underneath the ground level of the shopping center. Deliveries to this area, including shipping and receiving, shall only occur between the hours of 7:00 A.M. and 7:00 P.M. The truck loading area for Building 2 shall be as depicted on the Site Plan.

13) Existing openings in the western wall of the lower level of the parking deck in the northwest corner of the property shall be closed, other than as may be opened periodically to permit access to the existing detention pond. Existing window openings in the same wall shall be repaired.

14) Prior to the issuance of a certificate of occupancy for Building 2, the exterior western and northern walls of the parking deck, and the exterior western walls of Buildings 2 and Building 3 shall be painted “Master’s Green” - Pantone #342 or a similar dark green so as to minimize the visual impact to abutting properties.

15) A screen fence shall be installed on the top of the existing western and northern parking deck walls to create a minimum eight foot (8’) barrier (as measured from the floor of the parking deck to the top of the fence), as shown on the Site Plan.

16) Building 3 shall not be used for a bar or nightclub. The lower level of Building 3 shall not be used for an eating and drinking establishment, bar or nightclub.

17) All exterior lighting elements along the western and northern property boundaries shall be lighted only with “full cutoff” type light fixtures to reduce light pollution to adjoining residential properties to zero spillover at the property line.

18) With the exception of emergency access and the turn around in the southwest corner of the site as shown on the Site Plan, there shall not be vehicular access at the rear of Building 2 or Building 3.

19) Any building(s) constructed within the Future Redevelopment Area as depicted on the Site Plan will exceed not thirty two feet (32’) in height, nor shall the total square footage of building(s) constructed in the Future Development Area exceed 20,000 square feet in the aggregate.

20) No building(s) within the Future Redevelopment Area shall be used for a bar or nightclub.

21) The sanitary sewer connection(s) from the Future Redevelopment Area shall be routed to the existing sanitary sewer line in Piedmont Road if the required sewer capacity is available in the existing sanitary sewer line in Piedmont Road and the existing infrastructure is in place for a connection in the immediate adjacent right of way.

Z-21-07 for 3330 Piedmont Road, N.E. April 8, 2021 Page 7 of 7

22) The storm drainage connection(s) from the Future Redevelopment Area shall be routed to the Piedmont Road storm drainage infrastructure (i) subject to Georgia Department of Transportation approval, and (ii) if the existing stormwater infrastructure is already in place in the immediate adjacent right-of-way. If both of these conditions cannot be met, the storm drainage connection(s) from the Future Development Area shall be detained in underground detention system(s) on-site, which will ultimately outflow at the northwest corner of the site through the Existing Detention Pond. The post-developed flowrates from the Future Redevelopment Area shall be no greater than the pre-developed flowrates from the same area at the time of issuance of the future building permit.

C I T Y O F A T L A N T A

KEISHA LANCE BOTTOMS DEPARTMENT OF CITY PLANNING TIM KEANE MAYOR 55 Trinity Avenue, S.W. SUITE 3350 – ATLANTA, GEORGIA 30303-0308 Commissioner

404-330-6145 – FAX: 404-658-7491 KEYETTA M. HOLMES, AICP www.atlantaga.gov Director Office of Zoning & Development

MEMORANDUM

TO: Zoning Review Board

FROM: Keyetta M. Holmes, AICP, Zoning Administrator KMH

SUBJECT: U-20-14 for 627 English Avenue, N.W.

DATE: April 8, 2021

An Ordinance by Zoning Committee for a special use permit pursuant to 16-18C.006 for a community center for property located at 627 English Avenue, N.W.

FINDINGS OF FACT:

• Property location: The subject property fronts 465.33 feet on the east side of English Avenue, N.W. commencing at a point at the intersection of the southerly right-of-way line of Donald Lee Hollowell Parkway (formerly known as Bankhead Avenue) then along said southerly right-of-way line of Donald Lee Hollowell Parkway 105.13 feet to a P.K. nail found, said point being the point of beginning. The property is located within Land Lot 112 of the 14th District, Fulton County, Georgia in the English Avenue neighborhood of NPU L, Council District 3.

• Property size and physical features: The property consists of 3.2781 acres (142,795 square feet) of lot area. The site is currently developed with a 3-story brick masonry and wood framed building with two concrete framed wings, approximately 45,000 square feet, surrounded by a chain link fence. There is an existing curb cut on English Avenue that leads into an asphalt area used for off- street parking and a concrete strip with a basketball goal. There are sidewalks present and on street parking is available. There is green space and trees on site.

• CDP land use map designation: The land use designation for this property is Single Family Residential within the 2016 Comprehensive Development Plan.

• Current/past use of property: The past use of the building is an institutional use known as the English Avenue Elementary School. Staff is not aware of any other prior uses of the site.

U-20-14 for 627 English Avenue, N.W. April 8, 2021 Page 2 of 4 • Surrounding zoning/land uses: The subject property is currently zoned SPI-3 SA3 (English Avenue Special Public Interest District Subarea 3) with a Single Family Residential land use designation. Parcels to the north are zoned SPI-3 SA3 (English Avenue Special Public Interest District Subarea 3), and SPI-3 SA8 (English Avenue Special Public Interest District Subarea 8) with a mixed-use land designation. Parcels to east are zoned SPI-3 SA1 (English Avenue Special Public Interest District Subarea 1), SPI-3 SA2 (English Avenue Special Public Interest District Subarea 2, and SPI-3 SA 5 (English Avenue Special Public Interest District Subarea 5) with a mixed-use land designation. Parcels to the south are zoned SPI-3 SA3 (English Avenue Special Public Interest District Subarea 3), and SPI-3 SA1 (English Avenue Special Public Interest District Subarea 1) with Single Family Residential land use designation. Parcels to the west are zoned SPI- 3 SA1 (English Avenue Special Public Interest District Subarea 1) with Low Density Residential land use designation.

• Transportation system: English Avenue is classified as a local road, Donald Lee Hollowell Parkway (F.K.A as Bankhead Avenue) is classified as arterial street, and James P. Brawley (F.K.A as Chestnut Street) is classified as local road. Currently, MARTA serves the are via bus routes #26 and #50, with connection to the MARTA Bankhead Transit Station located less than a mile east of the site. Sidewalks are located along the east side of English Avenue, N.W.

PROPOSAL: The applicant seeks a special use permit to operate a community center. The applicant has indicated the plans for the site will be done in two phases that include the following:

• Phase I: Historic Adaptive Reuse of existing build and adding a roof-top terrace to operate a new global community center/event center. The applicant will obtain special use permit to allow for the use and Special Administrative Permit for all construction.

• Phase II: Rezoning Application to adapt land-use designation from single family residential to a higher density to match surrounding areas and an affordable housing project on site.

• Ingress and egress: Patrons, visitors, employees, service personnel and emergency personnel may enter the property via a paved, public sidewalk along English Avenue, Pelham Street, and James P. Brawley Drive. Vehicles may enter or exit the property by use of the parking lot accessible via the English Avenue entrance.

• Parking and loading: There are 90 identified parking spaces. The existing parking lot will be repaved and reconfigured to provide fifty-two (52) parking spaces and there will be additional overflow parking on James P. Brawley providing twenty-two (22) parking spaces. Additionally, the site plan indicates sixteen (16) on-street parking spaces on English Ave. The parking plan will include partnering with a shuttle valet service to provide a parking during private and special events. Residents, service, and delivery personnel will be able to park and access the proposed community center using the provided parking and all commercial loading will take place onsite.

• Refuse and service areas: Onsite trash receptacles will be used to dispose of refuse. The dumpster on site will be screened from the public right-of-way within the existing parking lot area. Additionally, the applicant will establish a Green Operating and Maintenance Plan (GRO&M Plan) to dispose of refuse weekly. The plan includes cleaning, maintenance, replacement tasks, recycling, and waste disposal on site.

U-20-14 for 627 English Avenue, N.W. April 8, 2021 Page 2 of 4

• Buffering and screening: The property is surround by trees and shrubbery that will be utilized for buffering and screening of adjacent properties. The applicant anticipates the noise and light emanating from the community center will not disturb the quiet enjoyment of the surrounding residential neighborhood.

• Hours and manner of operation: The community center will operate Monday through Sunday from 7:00 a.m. to 11:00 p.m. All private and special events will operate between 7:00am- 3:00am. The establishment will employ 10-20 employees on site daily for property management and maintenance. The community center will include classrooms, offices, study space and have a large auditorium for events. The community center will have designated space for a commercial kitchen, staff kitchen and storage. The community center will serve as a community redevelopment asset offering workforce and skills training opportunities for the local neighborhood. Such programs will include advance manufacturing, construction, healthcare, and technology, life science and green energy. Additionally, the center will be offered for use by neighboring civic groups to host special events, meetings, group mentoring, tutoring and development programming for youth and community residents. The event will always have supervision for all activities. Activities will include guest speakers, social networking events for workforce programs, and education events for the community.

• Duration: The applicant requests a five-year duration.

• Required yards and open space: No additions to the existing structure are planned.

• Tree Preservation and Replacement: No trees will be damaged or cut down for this use. All tree removal and replacement will follow the tree protection ordinance.

CONCLUSIONS:

a) Ingress and egress and proposed structure or uses thereon, with particular references to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access: All emergency personnel, employees, and guest vehicles will gain access to the subject property via the existing curb cut on English Avenue. Additional sidewalks and crosswalks will be provided for pedestrian safety and convenience on English Avenue and James P. Brawley Drive in accordance with city sidewalk standards. The applicant anticipates patrons will primarily walk within the community or during inclement weather may use personal vehicles to access the site. Staff finds this proposal sufficient for the proposed use as it is like past uses.

b) Off-street parking and loading: The applicant proposes a parking plan to include 90 parking spaces off-street and on-street and off-site shuttle service. The existing parking will be repaved and reconfigured to provide fifty-two (52) parking spaces accessed from English Avenue and additional overflow parking of twenty-two (22) spaces accessed from James P. Brawley Drive. Additionally, sixteen (16) on-street parking spaces are available on English Avenue. The parking plan will include partnering with a shuttle valet service to provide offsite parking during special events. The parking agreement has not been finalized but a lease will be required prior to the issuance of the certificate of occupancy. Supplies will be delivered to the

U-20-14 for 627 English Avenue, N.W. April 8, 2021 Page 2 of 4 community center via the existing curb cut on English Avenue. Service employees will park in the off-street surface parking lot. Residents will walk or some may arrive by car and drivers will park in the existing surface parking lot. The proposed plan meets the parking requirement for the proposed use. Staff is supportive of the proposed off-street parking and loading plan.

c) Refuse and service areas: The operator will establish a Green Operating and Maintenance Plan (GRO&M Plan). The plan includes cleaning, maintenance, replacement tasks, recycling, and waste disposal on site. Onsite trash receptacles will be used to dispose of refuse. The applicant will have a dumpster on site that will be screened from the public right-of-way. Supplies and deliveries will be delivered via the existing curb cut and internal parking lots. Staff approves of such measures as it is like past uses on the property.

d) Buffering and screening: The noise and light emanating from the community center is limited. Additionally, the applicant will be adding lighting and streetscaping along English Avenue. Staff approves of such measures as the proposed use is like former uses on the property and is compatible with the neighboring residential uses.

e) Hours and manner of operation: The proposed use is a community center. The location will also provide space for private and special events. The applicant proposes a community center that will operate Monday through Sunday 7:00 a.m. to 11:00 p.m. The establishment will employ 10-20 employees on site daily for property management and maintenance. The community center will include classrooms, office, study space and a large auditorium for events. The community center will have designated space for a commercial kitchen, staff kitchen and storage. The community center will serve as a community redevelopment center offering workforce and skills training opportunities for the local neighborhood. Such programs will include advance manufacturing, construction, healthcare, and technology, life science and green energy.

Additionally, the applicant proposes to lease the facility for private and special events. All private and special events will operate between 7:00am- 3:00am and will not exceed 400 attendees. On site two event spaces are available. The site will offer an indoor space with 4,013 square feet and an indoor/outdoor terrace level space with 4,182 square feet. Additionally, the applicant has indicated they will have shuttle transportation in place for parking overflow. The space will be made available to neighboring civic groups to host special events, to meeting groups for mentoring and tutoring and programming for youth and community residents. All events will have a supervisor onsite for the duration of the event. Staff finds the hours and manner of operation suitable for the proposed use.

f) Duration: The applicant has requested a five duration. Staff is supportive of a 3-year duration.

g) Required yards and open space: The applicant’s proposal does not encroach into any required yards or open space. Staff finds the required yard and open space sufficient.

U-20-14 for 627 English Avenue, N.W. April 8, 2021 Page 2 of 4 h) Compatibility with policies related to tree preservation: There is no tree removal anticipated. Should tree removal be contemplated it shall be in accordance with the City of Atlanta Tree Preservation Ordinance.

STAFF RECOMMENDATION: APPROVAL, conditioned upon the following:

1. The special use permit shall be valid for 3 years from the date of City Council adoption. 2. The special use permit for a community center shall be valid as long as Westside Development Partners, LLC is the owner and operator. 3. The special use permit is not transferrable. 4. The Westside Development Corporation shall demonstrate to the Office of Zoning and Development an executed lease for off-site parking for special events prior to the issuance of the certificate of occupancy and shall provide an annual update of compliance. 5. There shall be no application made for liquor license at 627 English Avenue. 6. The hours of operation for the community center shall be Monday-Sunday 7:00 am-11:00 pm. 7. The hours of operation for private and special events shall be Monday-Sunday 7:00 am-3:00 am. 8. All private and special events shall not exceed 400 patrons. 9. All private and special events will be in the designated areas. 10. All private and special events outside the building on the grounds of 627 English Avenue shall take place only on private property and shall require a permit from MOSE (Mayor’s Office of Special Events) should the event exceed 75 people. 11. The operator shall always provide private garbage disposal service or city service on site. 12. The facility shall not be used for the purposes of commercial childcare, day care, after-school care or summer camp.