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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-21-29 for 1283 Marietta Boulevard NW and 1295 Marietta Boulevard NW

DATE: June 3, 2021

An Ordinance to rezone from I-2/BL (Heavy Industrial/BeltLine Overlay) to MRC-3/BL (Mixed Residential Commercial/BeltLine Overlay) for property located at 1283 Marietta Boulevard NW and 1295 Marietta Boulevard NW.

The applicant has requested a 30-day deferral for more time to work with the neighborhood and NPU. Staff is supportive of this request.

STAFF RECOMMENDATION: 30-DAY DEFERRAL JULY 2021

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-21-30 for 1026 Marietta Street NW, 1050 Marietta Street NW, and 1060 Marietta Street NW

DATE: June 3, 2021

An Ordinance by Zoning Committee to rezone from I-2 (Heavy Industrial) to MRC-3 (Mixed Residential Commercial) for property located at 1026 Marietta Street NW, 1050 Marietta Street NW, and 1060 Marietta Street NW

FINDINGS OF FACT:

• Property location: The subject property fronts 432 feet on the south side of Marietta Street beginning at a 5/8-inch rebar with cap set at the intersection of the southerly right of way of West Marietta Street and the common land lot line of Land Lot 112 of the 14th Land District and Land Lot 150 of the 17th Land District of Fulton County, Georgia in the Marietta Street Artery neighborhood of NPU-E in Council District 3.

• Property size and physical features: The subject property is an assemblage of parcels located at the southeast intersection of Marietta Street, West Marietta Street, and 8th Street. The total area of the lot is 1.239 acres (53,970 sq. ft.) with a frontage of 432 feet on the south side of Marietta Street. The property is currently developed with single-story buildings that are partially occupied along with surface parking. The topography of the site inclines from Marietta Street level towards the southwest direction with approximately 20 feet in elevation difference. Currently, the vehicular access is provided to the property via several curb cuts along West Marietta Street and Marietta Street.

• CDP land use map designation: The subject property has a future land use designation of Mixed Use within the 2016 Comprehensive Development Plan (CDP).

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• Current/past use of property: The subject property is developed with single-story buildings that are partially occupied along with surface parking. Staff is unaware of any other previous uses on the site.

• Surrounding zoning/land uses: The surrounding properties are zoned MRC-3 (Mixed Residential Commercial) to the north, I-1-C (Light Industrial Conditional) to the southeast, I-2 (Heavy Industrial) to the northwest, and C-3-C (Commercial Residential) to the west and south. The future land use designation of surrounding parcels is MU (Mixed Use) except to the south where the parcels are designated is HDR (High Density Residential).

• Transportation: Marietta Street and West Marietta Street are classified as major arterial streets. Currently, MARTA serves the area via bus route #26 along Marietta Street. There are several bus stops near the subject property. The closest MARTA station is Midtown Transit Station which is 1.7 miles from the subject property.

PROPOSAL: The applicant proposes to rezone from I-2 to MRC-3 to develop a 215,788 square foot mixed use development that will include creative loft office space and sidewalk level commercial. Parking will be accommodated in structured parking that will be constructed on the property as a part of the proposed building. Primary vehicular access is proposed on West Marietta Street on the far western side of the property with secondary and service access on the eastern side of the property.

CONCLUSIONS:

• Compatibility with comprehensive development plan (CDP): The Comprehensive Development Plan (CDP) designates the property as Mixed Use. The proposed rezoning to MRC- 3 (Mixed Residential Commercial) District is consistent with the existing land use, thus a land use amendment will be not required to accommodate the proposed development. Staff is not aware of any public projects/programs to conflict with the proposed timing of development.

• 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. At the time of permitting, the development plans will be submitted to other agencies for permit review for compliance with applicable City codes.

• Availability of other appropriate land zoned for proposed use; effect on balance of land uses with regard to the public need: The zoning regulation indicates 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 rezoning would not create an imbalance of land uses as the area is rapidly evolving from industrial to mixed use and is envisioned to be a vibrant, mixed use, transit supportive neighborhood. This proposal would allow for the appropriate zoning and development within this mixed-use future land use area.

• Effect on character of the neighborhood: Staff is of the opinion that the proposed rezoning would have a positive impact on the neighborhood’s character. The proposal to rezone to allow mixed use development is consistent with the intent of Marietta Street Overly district which Z-21-30 for 1026 Marietta Street NW, 1050 Marietta Street NW, and 1060 Marietta Street NW June 3, 2021 Page 3 of 4

encourages mixed use developments and prohibits many heavy industrial uses. The intent of the overlay is to guide the future growth of this area which is rapidly evolving from industrial to mixed use. Similar developments are either under construction or existing in the immediate area. The redevelopment of the property will be consistent with the emerging character of the neighborhood. In addition, the proposed development will also be required to meet the MRC regulations to enhance and promote a pedestrian-oriented environment that includes primary pedestrian access from sidewalks to adjacent building entrances, and fenestration requirements, that will support the walkability in the area.

• Suitability of proposed land use: Staff is of the opinion that the proposed development is suitable in view of the use of adjacent and nearby property. There are similar developments in the surrounding area such as Star Metals north of the property zoned MRC-3-C (Mixed Residential Commercial Conditional); the 8West office development east of the property also zoned MRC-3 (Mixed Residential Commercial); and The Interlock located north of the property zoned PD-MU (Planned Development Mixed Use). The proposed creative loft office and sidewalk level commercial uses are consistent with the scope of development in this area. The proposed development is also consistent with the 2016 CDP Intown Corridor character area which recommends offices and commercial uses as one of the primary land use and states that “multistory buildings, high density and mixed-use buildings/developments are appropriate along Intown Corridors”. Therefore, Staff is of the opinion that the proposed use is suitable in this area.

• Effect on adjacent property: Staff is of the opinion that a rezoning to MRC-3 (Mixed Residential Commercial) would have a positive effect on adjacent properties and should complement both existing and proposed mixed uses developments in the area. The property is abutted by the Marietta Street and West Marietta Street right-of ways, along with the CSX railroad property along the southwestern property line. As a result, the only adjacent property is the Brickworks located to the immediate southeast that includes several commercial and office uses. The Tiny Bistro is located directly across Marietta Street and The Brady is located immediately across 8th Street behind the Tiny Bistro. Therefore, the proposed use is appropriate with other mixed-use developments in the immediate area.

• Economic use of current zoning: Staff finds that the current zoning has a reasonable economic use. However, a rezoning to MRC-3 would allow more effective economic use of the property. The current zoning allows for the adaptive reuse of the building for other nonresidential uses. However, the property is currently developed with single-story buildings and may not be appropriate considering the scale of development in the area. A larger development is possible under the proposed zoning, which will be more consistent with the emerging neighborhood character in the area and will also meet the intended density of the zoning district.

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

• 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. Z-21-30 for 1026 Marietta Street NW, 1050 Marietta Street NW, and 1060 Marietta Street NW June 3, 2021 Page 4 of 4

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 Atlanta City Design 1026 Marietta Street NW, 1050 Marietta Street NW, and 1060 Marietta Street NW is in Core area within the Growth Area. Growth Area core are described as follows:

“This is the center of Old Atlanta. It includes the City’s densest, most traditional, adaptable, and walkable districts. It has an easy capacity for growth, the best transit network and many of the top historic, cultural, and academic assets in the region. It covers Downtown, Midtown, and a larger surrounding territory made primarily of commercial and industrial property. It also includes emerging districts like West Midtown, South Downtown, West End and Castleberry, where better design can solve shortcomings that today limit the capacity for growth.”

STAFF RECOMMENDATION: APPROVAL

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-21-31 for 2164 Marietta Boulevard NW, 2184 Marietta Boulevard NW, and 2194 Marietta Boulevard NW (aka 1719 Chattahoochee Avenue NW) and 1703 Chattahoochee Avenue NW

DATE: June 3, 2021 ______An Ordinance by Zoning Committee to rezone from I-1 (Light Industrial) and MRC-2-C (Mixed Residential Commercial Conditional) to MRC-3 (Mixed Residential Commercial) for property located at 2164 Marietta Boulevard NW, 2184 Marietta Boulevard NW, and 2194 Marietta Boulevard NW (aka 1719 Chattahoochee Avenue NW) and 1703 Chattahoochee Avenue NW

FINDINGS OF FACT:

• Property location: The subject properties front 785 feet on the west side of Marietta Boulevard and front 282 feet on the east side of Chattahoochee Avenue commencing at a point at the intersection of the easterly right-of-way line of Chattahoochee Avenue and the south land lot line of Land Lot 221; thence along the easterly right-of-way line of Chattahoochee Avenue, a record distance of 462.2 feet to a 5/8-inch rebar set, said point being the true point of beginning. The properties are located in Land Lot 221 of the 17th District of Fulton County, Georgia within the Bolton neighborhood of NPU-D in Council District 9.

• Property size and physical features: The subject property is made up of four properties totaling approximately 5.844 acres (254,556 square feet) in size land area. The parcels are developed with several one-story warehouse buildings. The topography varies throughout but becomes noticeably steeper towards the southwest interior property line where it slopes up to the adjacent water tower property. Large mature trees are located on the slopes at the southwest corner of the properties.

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• CDP land use map designation: The future land use designation for 2164 Marietta Boulevard is I (Industrial) within the 2016 Comprehensive Development Plan (CDP). The future land use designation for 2184 and 2194 Marietta Boulevard, and 1703 Chattahoochee Avenue is MU- MD (Mixed Use-Medium Density) within 2016 Comprehensive Development Plan.

• Current/past use of property: The properties are developed with several one-story warehouse buildings with parking previously used for light industrial and warehousing. Staff is unaware of any other previous uses.

• Surrounding zoning/land use: To the west, the parcel has a BP (Business Park) land use with O-I (Office-Institutional) zoning. To the south, the adjoining parcels have I (Industrial), OS (Open Space) and VHDR (Very High Density Residential) land uses with I-1 (Light Industrial) and MR-5A-C (Multifamily Residential Conditional) zoning. To the east, the parcels have an I (Industrial) land use and I-1 (Light Industrial) zoning. To the north, the parcels have HDR (High Density Residential) land use with RG-3 (Residential General Sector 3) zoning.

• Transportation system: Marietta Boulevard NW is a four-lane, arterial street and truck route and Chattahoochee Avenue, NW is a collector street. The site is served by MARTA bus routes #1 and #14 along Marietta with connections to the Ashby and Midtown MARTA Transit Stations respectively. The Bankhead Transit Station is 3.5 miles away and is the closest MARTA Transit Station to the subject site.

PROPOSAL:

The applicant seeks to rezone from I-1 (Light Industrial) and MRC-2-C (Mixed Residential Commercial Conditional) to MRC-3 (Mixed Residential Commercial). The applicant proposes a mixed-use development which includes 144,975 square feet of office and sidewalk level commercial uses, and 546 multifamily units. The applicant is requesting this rezoning to expand the site and increase the residential FAR above the 1.49 permitted in MRC-2.

Project Specifications: Total lot area: 5.844 acres (254,556 square feet) Residential proposed: 634,054 sf (546 units) Residential FAR proposed: 2.10 Residential FAR allowed: 4.0 Non-Residential proposed: 144,975 sf Non-Residential FAR proposed: 0.57 Non-Residential FAR allowed: 3.20 Total square feet (sf) proposed: 779,029 sf Total FAR proposed: 2.67 Total FAR allowed: 7.20 Parking Required: 399 spaces Parking Proposed: 1060 spaces Usable Open Space Required: 0.49 (147,842 sq. Ft.) Usable Open Space Proposed: 0.55 (168,532 sq. Ft.)

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CONCLUSIONS:

• Compatibility with comprehensive development plan (CDP); timing of development: The comprehensive development plan designates 2164 Marietta Boulevard as I (Industrial) and 2184 and 2194 Marietta Boulevard, and 1703 Chattahoochee Avenue as MU-MD (Mixed Use-Medium Density). The proposed MRC-3 (Mixed Residential Commercial) zoning is not compatible with either of these land use categories. The applicant has requested a land use amendment from I (Industrial) and MD-MU (Medium Density Mixed Use) to HDMU (High Density Mixed Use).

• Availability of and affect of public facilities and services; referral to other agencies: The location of the site and surrounding uses indicate there are public facilities and services available to the subject properties. However, the addition of 779,029 square feet of both residential and non- residential uses will have a significant effect on public facilities. This project, together with recent rezoning’s permitted in the surrounding area, introduce, and intensify a scale of development that has a significant impact on public facilities in an area with a lack of street connectivity, overburdened thoroughfares, and limited transit access. If the rezoning is approved at the time of permitting, the development plans will be submitted to other agencies for permit review for compliance with applicable City codes.

• Availability of other land suitable for proposed use; environmental effect on balance of land uses: The proposed rezoning will create an imbalance of land uses in the area. The proposed development already replaced 4.5 acres of industrially zoned land with non-industrial uses when it was rezoned according to Ordinance 19-O-1267 (Z-19-32). Staff recommended denial of Z-19-32 to maintain industrial zoning and uses but MRC-2-C zoning was approved with conditions that include a maximum FAR of 2.71. Now the applicant seeks to replace another 1.247 acres of industrially zoned land with non-industrial uses and intensify the Mixed Use of the property to increase the residential FAR. As noted previously, land uses immediately west and south of the subject property have industrial uses and zoning. Rezoning to MRC-3 further disrupts the pattern of industrial uses and introduces an incompatible land use in the area. A more suitable zoning district and land use would be I-MIX (Industrial Mixed Use), which was specifically created “To accommodate residential and non-residential growth without losing land zoned for industrial uses in the process.”

• Effect on character of the neighborhood: Staff is of the opinion that the proposed rezoning would have a negative impact on the character of the neighborhood as it perpetuates a pattern of destabilization of established industrial land uses. The 2016 Comprehensive Development Plan identifies these parcels and the adjacent properties as an Industrial Character Area. The stated CDP policy is to “maintain industrial land uses by discouraging encroachment of incompatible land uses in industrial areas, particularly residential uses and, encouraging redevelopment of obsolete industrial buildings to new industrial uses instead of non-industrial uses.” This Industrial Character Area has faced increasing pressure to convert to multifamily and single family uses. These conversions instantly create incompatible land uses juxtaposed to one another without suitable transitions and further diminish the City’s ability to support future industrial uses that provide

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middle wage jobs and services to the region. The applicant is requesting this rezoning to expand the site and increase the residential FAR which conflicts with the industrial character of the area.

• Suitability of proposed land use: Staff finds that the proposed High Density Mixed Use land use is in conflict with the policies and needs of the City of Atlanta to maintain industrial use and middle wage jobs within the City limits. The CDP states “The City of Atlanta has many important industrial areas that should be protected from incompatible land uses, particularly residential uses, in order to be able to continue operations and have the ability to expand. These policies are intended to retain and promote industrial land uses and industrial businesses.” Maintaining industrial use on the subject site is critical to hold the line of encroachment of residential and commercial uses into the industrial area delineated by the CDP and currently used as industrial. The use and scale of the proposed development is incompatible with the adjacent industrial uses and the long term vitality of the industrial district. The proposed High Density Mixed Use land use is not suitable as it will lead to instability of the surrounding industrial uses and will fragment and further isolate the industrial properties in the area. High Density Mixed Use land use would be more suitable near MARTA transit stations, along corridors such as Donald Lee Hollowell Parkway, and in employment centers such as Downtown.

• Effect on adjacent property: Staff finds that the proposed rezoning to MRC-3 (Mixed Residential Commercial) and the proposed development would adversely impact the adjacent industrial properties. The stability and viability of surrounding industrial uses is dependent on the ability to expand, continue operations and provide access within the industrial area. Rezoning of the subject property to MRC-3 may limit expansions or deter other industrial uses or reuse of adjacent properties. Although the proposal may not have a negative impact on residential properties to the north or southwest, it is critical that the subject parcels retain the industrial use on the south parcel to transition land uses and to prevent further fragmentation of the industrial uses within the block and the larger industrial district.

• Economic use of current zoning: The subject property has economic use under the existing MRC- 2-C and I-1 (Light Industrial) zoning. The existing I-1 zoning allows some of the same uses proposed in the application, including offices, and conversion of buildings 50 years or older to uses such as eating and drinking establishments, and single and multifamily dwellings. Maintaining industrially zoned property within the City limits is vital to a healthy economy, employment mix and tax base for the City of Atlanta. Maintaining industrial zoning on the subject property is critical to the stable industrial use of the entire block, and therefore, the greater industrial area. As demand for larger industrial properties increases, it is critical to maintain contiguous areas of industrial zoning that are large enough to meet potential future needs and are not fragmented by other uses. The current MRC- 2-C zoning allows a total FAR of 2.71 which is above the proposed total FAR of 2.67. The applicant is requesting this rezoning to increase the residential FAR but has an adequate economic use within the current zoning.

• Tree Preservation: Redevelopment of the property must comply with the City of Atlanta Tree Ordinance at time of permitting.

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• 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 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, 2164 Marietta Boulevard NW, 2184 Marietta Boulevard NW, and 2194 Marietta Boulevard NW (aka 1719 Chattahoochee Avenue NW) and 1703 Chattahoochee Avenue NW, are located within a Production Area. Production Areas are described as follows:

“Beyond neighborhoods, these are other areas that the city has an interest in protecting from change. Primarily, they consist of strategic industrial land and railyards where intermodal transfer facilities, warehousing and key production facilities are needed close to the city center. They also include sites like the federal penitentiary and the large film studios at Fort McPherson and Lakewood Fairgrounds, which are simply unlikely to change and should not be included in the growth area.

STAFF RECOMMENDATION: DENIAL

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 and Development

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-21-32 for 2246 Memorial Drive S.E.

DATE: June 3, 2021

An Ordinance by Zoning Committee to rezone from R-4 (Single Family Residential) to MR-3 (Multifamily Residential) for property located at 2246 Memorial Drive S.E.

The applicant has requested a 30-day deferral. Staff is supportive of this request.

STAFF RECOMMENDATION: 30-DAY DEFERRAL JULY 2021

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 and Development

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-21-33 for Fuller-Freedom House Lanmark Building/Site

DATE: June 3, 2021 An Ordinance designating the Fuller-Freedom House at 556 John Wesley Dobbs Avenue NE, Lot 46 of the 14th District of Fulton County, Georgia and certain real property on which it is located, to the overlay zoning designation of Landmark Building / Site (LBS) pursuant to Chapter 20 of the Zoning Ordinance of the City of Atlanta and rezoning from R-5/BL (Two Family Residential/BeltLine Overlay) to R-5/BL/Landmark Building Site (LBS) (Two Family Residential/BeltLine Overlay/Landmark Building/Site); to repeal conflicting laws; and for other purposes.

FINDINGS OF FACT:

On March 24, 2021, the Atlanta Urban Design Commission nominated the Fuller-Freedom House Landmark Building / Site, finding it was eligible for designation to the category of Landmark Building / Site (LBS), as meeting, at a minimum, the eligibility criteria set forth in Section 16-20.004(b)(1), specifically including subsections a., b., and c. of that code section.

The Atlanta Urban Design Commission also determined that the Fuller-Freedom House Landmark Building / Site (LBS) met the criteria set forth in Section 16-20.004(b)(2)(a), specifically including those criteria in the following groups: Group I (1) and (2); Group II (1), (10), and (11); and Group III (1) and (3).

As more fully detailed in the Designation Report adopted by the Atlanta Urban Design Commission on March 24, 2021, the Fuller-Freedom House Landmark Building / Site is associated with the work of persons of exceptionally high significance to the city, the state, and the nation: Congressman John Lewis. Congressman Lewis was the chairman of SNCC (Student Non-Violent Coordinating Committee) from 1963 to 1965 and found respite at the Fuller- Freedom House during his time as SNCC Chairman and went on to serve as the Congressman from the 5th District of the State of Georgia from 1987 to 2020.

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The Fuller-Freedom House Landmark Building / Site is associated with the work of other persons of exceptionally high significance to the city, the state, and the nation: Bishop Fuller Sr., Bishop Fuller Jr., Ruby Doris Smith Robinson, and Stokely Carmichael, who resided in the home at various stages of their influential lives. The Fuller-Freedom house was originally built by Bishop Fuller Sr., founder of the Fire Baptized Holiness (FBH) Church in 1928. The home was his family’s primary residence until 1960. Bishop Fuller Sr. and Jr. were associated with the establishment of hundreds of FBH churches across the United States and the Fuller Normal Industrial Institute in Atlanta that later moved to South Carolina. Through their leadership they established religious and educational resources for the Atlanta black community and the extended congregation community of the FBH church. Ruby Doris Smith Robinson resided in the home off and on after serving her jail sentence for her participation in the 1961 Freedom Rides. From 1963-1966, she served as assistant secretary to James Formant of the Student Non- violent Coordinating Committee (SNCC), performing duties such as bookkeeping, organizing the 1964 Freedom Summer campaign and directing SNCC’s Sojourner Truth Motor Fleet. She became the first woman executive secretary of SNCC in 1966. Social Activist and Black Panther leader Stokely Carmichael also resided in the home during his time as SNCC chairman between 1965-1966. The legacy of the Fuller Family, Ruby Doris Smith Robinson, John Lewis, and Stokely Carmichael extends beyond the City of Atlanta and the State of Georgia. All of them exemplify the common goal of black equality and prosperity.

The Fuller-Freedom House Landmark Building / Site is associated with an extremely important historical trend and events of local, state, and national significance: a historic pattern in the City of Atlanta’s growth and the Civil Rights Movement. The Fuller-Freedom House highlights the growth of a rising middle and elite class of black leaders in Atlanta in the early decades after Reconstruction and during the early 20th century, its residential growth along Auburn Avenue and in the Old Fourth Ward. The Fuller-Freedom House marks a particularly significant example in the City of Atlanta for its involvement with a volunteer organization - SNCC - in the National Civil Rights Movement.

The Fuller-Freedom House Landmark Building / Site is also associated with an extremely important historical trend and event of local significance: the development of stylistic homes for middle- and upper-income residents associated with prominent religious leaders in the black community. New construction in the late 1910’s and throughout the 1920s established patterns of vernacular building types that were built across Atlanta. In the prominent black neighborhoods of the Old Fourth Ward and Sweet Auburn, a block of two- story homes along Houston Street (now John Wesley Dobbs Avenue) between Howell Street and Randolph Street, became known as “Bishop’s Row.”

The Fuller-Freedom House Landmark Building / Site is associated with an extremely important social group in the history of the city and the state: the black community in the City of Atlanta and Student Non-Violent Coordinating Committee (SNCC). The black community played a critical role in the development of the City of Atlanta in the 1900s -1970s, particularly around Auburn Avenue, the westside Historically Black Colleges and Universities (HBCUs) that make up the Atlanta University Center, and the neighborhoods in northeast Atlanta around Auburn Avenue and the neighborhoods in southwest Atlanta. This community is an integral part of the City’s social and cultural landscape and helped create the City’s reputation as a diverse and inclusive urban area. The city’s demographic landscape was visible through the built environment as they expanded throughout the 20th century, including the black community’s Z-21-33 for 556 John Wesley Dobbs NE June 3, 2021 Page 3 of 5

development of its own physical and cultural landscape. Developed during the era of racial segregation, black Atlantans established the foundations for a thriving community. In the aftermath of the Atlanta “Race Riot” of 1906, the black community concentrated on the promotion of prosperity, education, and religious faith. Socially, the community established a hierarchy of authority, paying respect to all religious leaders and scholars. In the era of Reconstruction and Jim Crow, Atlanta was seen as the “Black Mecca of the South”. A city of opportunities, Atlanta’s population growth and design highlights the social and political trends of the first half of the 20th century. As the demographic patterns in the city began to change in the early 1950s, the social history of Atlanta began to expand outside of its previously segregated areas. With the rise of the Civil Rights Movement, new generations of families contributed to the narrative of the city’s ongoing history. One of the most prominent groups in this era was the Student Nonviolent Coordinating Committee (SNCC) - an organization composed of college- aged volunteers. SNCC contributed to the historic prominence of Atlanta and its “headquarter” status during the Civil Rights Movement.

The Fuller-Freedom House Landmark Building / Site clearly dominates and is strongly associated with the streetscape along John Wesley Dobbs Avenue and the urban landscape in Atlanta’s Old Fourth Ward neighborhood. virtually all the character defining elements of its type and design intact, considering both its 1928 original construction and its 1960-1970s interior adoption into unit apartments. The current property owners have recently reversed many of the previous interior alterations to reflect the site’s original appearance with slight cosmetic upgrades to the exterior, including painting the brick, adding decorative light fixtures, and replacing the windows, though using the historic light pattern. The original site orientation is maintained. The buildings and associated features have not been moved or altered from their original orientation facing John Wesley Dobbs Avenue. The 1928 South facing façade is still accessible to the public sidewalk and its relationship to the public right-of-way is unchanged.

PROPOSAL:

The applicant proposes to rezone from R-5/BL (Two Family Residential/BeltLine Overlay) to R- 5/BL/Landmark Building/Site (LBS) (Two Family Residential/BeltLine Overlay/Landmark Building/Site) to preserve the Fuller-Freedom House Landmark Building / Site, locate at 556 John Wesley Dobbs Avenue.

CONCLUSIONS:

Compatibility with comprehensive development plan (CDP); timing of development: The City of Atlanta Comprehensive Development Plan designates the property as LDR 0-40 (Low Density Residential 0-40 units per acre). Any proposed development is required to be consistent with the LDR 0-40 (Low Density Residential 0-40 units per acre) land use category.

Availability of and effect of public facilities and services; referral to other agencies: During development, review agencies and/or departments will determine if adequate public facilities and services are available 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.

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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 Atlanta Comprehensive Development states as a policy to, “preserve and protect the City’s historic buildings and sites thru rehabilitation and reuse.” As found by the Atlanta Urban Design Commission, the Fuller-Freedom House Landmark Building / Site is strongly associated with the life and legacies of notable African Americans Bishop Fuller Sr., Bishop Fuller Jr., Ruby Doris Smith Robinson, Congressman John Lewis and Stokely Carmichael, who resided in the home at various stages of their influential lives. The preservation of the structure is necessary to detail the story of the National Civil Rights Movement in Atlanta.

Effect on character of the neighborhood: Staff is of the opinion that the proposed designation will have a positive effect on the character of the neighborhood by protecting a building of historical significance. As found by the Atlanta Urban Design Commission, the Fuller-Freedom House Landmark Building / Site (LBS) has virtually all character-defining elements of its type and design intact, considering the current property owners have recently reversed many of the previous interior alterations to reflect the site’s original appearance with slight cosmetic upgrades to the exterior, including painting the brick, adding decorative light fixtures, and replacing the windows, though using the historic light pattern. The original site orientation is maintained. The buildings and associated features have not been moved or altered from their original orientation facing John Wesley Dobbs Avenue. The 1928 South facing façade is still accessible to the public sidewalk and its relationship to the public right-of-way is unchanged.

(5) Suitability of proposed land use: The allowable uses of the site would be the same as the current allowed uses. The regulations would establish formal procedures for determining the type of certificate of appropriateness which would be required for redevelopment and required for variances and special exceptions from these regulations to be heard before the Atlanta Urban Design Commission.

(6) Effect on adjacent property: The Fuller-Freedom House Landmark Building / Site is intended to have a stabilizing effect on the land uses and properties along the corridor. Because the boundaries of this district are clearly defined and these regulations would apply specifically to properties within these boundaries, Staff does not anticipate that properties adjacent to these boundaries would be negatively impacted.

(7) Economic use of current zoning: The current zoning category R-5/BL (Two Family Residential/BeltLine Overlay) District allows for the economic use of the land. Staff does not anticipate the approval of the Fuller-Freedom House Landmark Building/Site designation will have any negative economic impacts.

(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.

(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 Z-21-33 for 556 John Wesley Dobbs NE June 3, 2021 Page 5 of 5

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 Atlanta City Design, 556 John Wesley Dobbs Avenue, NE is located within a Conservation Area. Urban neighborhoods are described as follows:

“These small-scale, historic walkable neighborhoods where growth capacity is limited mostly by our desire to keep them the way they are. They are the traditional intown communities that were built by the expansion of the streetcars a century ago, such as Westview, Grant Park and Brookwood Park. Most have some form of commercial district within walking distance from homes, many include small apartment buildings, townhouses, or two- and three-family homes. Their inherent walkability, historic charm and proximity to downtown make them highly desirable under today’s market pressures, and therefore threatened be even denser development.”

STAFF RECOMMENDATION: APPROVAL

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-21-34 for 955 (aka 957 Wylie Street) Wylie Street, S.E.

DATE: June 3, 2021

An Ordinance by Zoning Committee to rezone from R-5/BL (Two Family Residential/Beltline Overlay) to MR-2/BL (Multifamily Residential/Beltline Overlay) for property located at 955 (aka 957 Wylie Street) Wylie Street, S.E.

FINDINGS OF FACT:

• Property location: The subject property fronts 73.98 feet on the south side of Wylie Street beginning at an iron pin found on the southerly side of Wylie Street 28 feet westerly as measured along the southerly side of Wylie Street from its point of intersection with the westerly side of Webster Street. The property is located within Land Lot 13 of the 14th District, Fulton County, Georgia in the Reynoldstown Neighborhood of NPU-N in Council District 5.

• Property size and physical features: The subject property is approximately 0.335 acres (14,609 square feet) in size. The property is located on the south side of Wylie Street and is currently developed with a one-story church building. The topography rises from a low point at the front of the site on Wylie Street to a high point at the rear property line along the rear alley. The subject site is vegetated with small trees and shrubs in front and a mature boundary tree on the east side of the site. Vehicular access is provided from Wylie Street on the west side of the site.

• CDP land use map designation: The subject property future land use designation of Single Family Residential (SFR) within the 2016 Comprehensive Development Plan. Surrounding adjacent properties to the north, west and east have a future land use designation of SFR (Single Family Residential). The adjacent property to the south has a MD-MU (Medium Density Mixed

Z-21-34 for 955 (aka 957 Wylie Street) Wylie Street, SE June 3, 2021 Page 2 of 4

Use) future land use designation and Lang Carson Park is adjacent to the southeast corner of the site with a future land use of Open Space (OS).

• Current/past use of property: The subject property is currently developed as a small place of worship. Staff is unaware of any other previous uses.

• Surrounding zoning/land uses: The subject property is currently zoned R-5/BL (Two Family Residential/Beltline Overlay). Adjacent properties to the north, west, and east are zoned R-5/BL (Two Family Residential/Beltline Overlay) and are developed with single family residential uses. Property to the south is zoned PD-MU (Planned Development Mixed Use) and is proposed for multifamily development. Lang Carson Park is adjacent to the southeast corner of the subject property and is zoned R-5/BL (Two Family Residential/Beltline Overlay).

• Transportation: Wylie Street is classified as a local road and connects to arterial road, Moreland Avenue, five blocks to the east. Wylie Street connects to local road Flat Shoals Avenue one block to the west. Beyond Flat Shoals Avenue, the Beltline Eastside Trail runs alongside Wylie Street for approximately five blocks to the Krog Street tunnel. Currently, MARTA serves the area via bus routes #4, #32 and #74 on nearby Moreland Avenue with connections to the Inman Park/Reynoldstown MARTA Transit Station. Sidewalks are present on both sides of Wylie Street and link to the Beltline one block to the west and the Inman Park/Reynoldstown Transit Station 0.6 miles walking distance to the east.

PROPOSAL:

The applicant proposes to rezone the subject property from R-5/BL (Two Family Residential/Beltline Overlay) to MR-2/BL (Multifamily Residential/Beltline Overlay) to develop six dwelling units within a structure formerly used as a place of worship. The applicant proposes six surface parking spaces in the rear of the site with access from the existing driveway on the west side of the site. The floor plan proposes individual access to each dwelling unit from different doors on the perimeter of the structure as the existing structure did not have space to provide a common entrance with central hallway.

Project Specifications: Max. Building Height Permitted: 35 ft Proposed Dwelling Units: 6 Net Lot Area: 14,609 sf (0.335 acres) Maximum FAR Permitted: 0.348 (5,083 sf) Proposed FAR: 0.334 (4,876 sf) Parking Required: 6 spaces Parking Proposed on-site: 6 spaces Transitional Yard Required: 20 ft along N/W/E property line abutting R-5 (variance required)

CONCLUSIONS:

1. Compatibility with comprehensive development plan (CDP): The subject property is designated SFR (Single Family Residential) in the 2016 Comprehensive Development Plan (CDP). The proposed rezoning to MR-2 (Multifamily Residential) is not compatible with the

Z-21-34 for 955 (aka 957 Wylie Street) Wylie Street, SE June 3, 2021 Page 3 of 4

current land use designations thus a land use amendment to Low Density Residential (LDR) will be required to accommodate the proposed development.

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 to the subject site. When proposed development plans are submitted to other agencies for permit review, compliance with all applicable City codes will be required.

3. Availability of other appropriate land zoned for proposed use; effect on balance of land uses with regard to the public need: The zoning regulation indicates 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 rezoning would not have an adverse effect on the environment or create an imbalance of land uses. This proposal would allow for an appropriate type of development on a site that has the potential to introduce another housing type to the neighborhood with minimal impact. The proposed use creates an appropriate transition between nearby single family residential and adjacent proposed mixed-use development.

4. Effect on character of the neighborhood: The 2016 Comprehensive Development plan places the subject site within the Traditional Neighborhood Existing Character Area. CDP policies for this area are to “promote “missing middle” housing types that are compatible in size and scale with the character of the neighborhood as transition between single family uses and more intense uses.” This proposal meets those goals. Staff is of the opinion that the proposed rezoning will not have a negative effect on the character of the neighborhood but will allow for an appropriately scaled multifamily development that connects the neighborhood and creates a transition between nearby single family residential and adjacent mixed-use developments. Conversion of the former place of worship to a 6-unit multifamily dwelling will activate the site and street in a way that is compatible with the character of the neighborhood.

5. Suitability of proposed land use: Staff finds that the proposed 6-unit multifamily development with a Low Density Residential land use designation complements the existing residential use in the neighborhood and allows for housing diversity with the adaptive reuse of a former place of worship. The NPU-N policies found in the 2016 Comprehensive Development Plan state: “the renovation of existing structures shall be the preferred option over demolition and construction where feasible”. Additionally, the 2000 Reynoldstown Master Plan sets a goal: “to renovate and expand existing housing stock while offering a variety of housing types and price ranges.” The use and scale of the proposed development is compatible with surrounding uses and provides an appropriate transition from the adjacent single-family neighborhood to the proposed mixed use development on the adjacent property to the south.

6. Effect on adjacent property: Staff is of the opinion that if this property is rezoned to MR-2 (Multifamily Residential) the proposed development will have no negative effect on adjacent

Z-21-34 for 955 (aka 957 Wylie Street) Wylie Street, SE June 3, 2021 Page 4 of 4

properties and should complement the existing single family residential, park, and proposed mixed uses nearby. The proposal will convert a small existing place of worship to a small multifamily building that is compatible in use and scale with adjacent property. The site design will continue to address the street with a positive relationship to the street and parking will be in the rear. The applicant states that when the property was used as a place of worship approximately 15-20 people attended services during the week and approximately 40-50 attended Sunday services. The proposed reuse to 6 rental units will significantly decrease the number of people accessing the property.

7. Economic use of current zoning: Staff finds that the current zoning has a reasonable economic use. However, the rezoning would not have a negative effect on the economic use and may have a positive effect on neighboring properties as the proposed zoning is compatible with existing conditions and reinforces densities that activate a Traditional Neighborhood Existing as envisioned for the subject property.

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: 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, 955 (aka 957 Wylie Street) Wylie Street, S.E. is located within an Urban Neighborhood within a Conservation Area. Urban Neighborhoods are described as follows:

“These are small-scale, historic, walkable neighborhoods where growth capacity is limited mostly by our desire to keep them the way they are the traditional intown communities that were built by the expansion of streetcars a century ago, such as Westview, Grant Park and Brookwood Park. Most have some form of commercial district within walking distance from homes, and many include small apartment buildings, townhouses, or two- and three-family homes. Their inherent walkability, historic charm and proximity to downtown make them highly desirable under today’s market pressures, and therefore, threatened by even denser development.”

STAFF RECOMMENDATION: APPROVAL conditioned upon the following: 1. The site shall be developed in accordance with the site plan entitled “957 Wylie Church Renovation - Residential” prepared by Chris Walbert dated May 27, 2021 and stamped received by the Office of Zoning and Development on May 27, 2021. Minor changes to the approved site plan may be authorized by the Director of the Office of Zoning and Development in accordance with Section 16-02.003(7).

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 and Development

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-21-48 for Morehouse School of Medicine Sign District

DATE: June 3, 2021 An Ordinance by Councilmember Cleta Winslow to amend Part 16, Chapter 28A of the 1982 Zoning Ordinance of the City of Atlanta, as amended, to create a new Section 16-28A.010(62) to provide for comprehensive signage regulations for Morehouse School of Medicine; to amend the official zoning map to add the Morehouse School of Medicine Sign District; and for other purposes.

Staff has requested a deferral.

STAFF RECOMMENDATION: 30 DAY DEFERRAL JULY 2021

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 and Development

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-21-49 for SPI-8 Text Amendment

DATE: June 3, 2021 An Ordinance by Councilmember Antonio Brown to amend Part 16, Chapter 18H of the 1982 Zoning Ordinance of the City of Atlanta, as amended, so as to create a new Section 16-18H.004 to create regulations for short term rentals in the Home Park Neighborhood; and for other purposes.

FINDINGS OF FACT:

Residential zoning districts are designed to support low density dwelling units. The proliferation of short-term rentals in residential zoning districts has impacted the personal safety and compromised the comfort of the permanent residents. Transient commercial occupancies are prohibited in residential zoning districts, the expansion of illegal short-term rentals threatens to disrupt the distinctive character of residential neighborhoods. On March 15, 2021 City Council adopted 20-O-1656 which provides for the regulation and taxation of short-term rentals in the City of Atlanta. On September 1, 2021, the city will begin issuing permits for short-term rental units for a primary residence and one additional dwelling unit without any additional requirements, fees, permits, licenses, zoning, or related restrictions.

PROPOSAL: The text amendment proposes to limit licenses issued for short term rentals in SPI-8 (Home Park Special Public Interest District) to primary residences only.

CONCLUSIONS:

(1) Compatibility with comprehensive development plan (CDP); timing of development: Staff finds that there are no known public projects or programs with which the timing of this text amendment would conflict. The current land use designation, LDR (Low Density Residential) in the Home Park neighborhood requires no land use amendment to support this text amendment. Z-21-49 SPI-8 Text Amendment Short Term Rental June 3, 2021 Page 2 of 3

(2) Availability of and effect of public facilities and services; referral to other agencies: The proposal is to limit short term rental licenses in SPI-8 (Home Park Special Public Interest District) to primary residences only. There are existing single family and multifamily dwellings in the Home Park neighborhood and the current use of surrounding properties indicates there are public facilities and services available. There has been no indication from review agencies and/or departments that there would not be adequate public facilities and services. At the time of permitting of any development, the development plans will be submitted to other agencies for permit review for compliance with applicable City codes.

(3) Availability of other appropriate land zoned for proposed use; effect on balance of land uses with regard to the public need: The text amendment has no effect on the balance of land uses with regard to the public need. Licenses for short term rentals may still be issued to residences in the area but will be limited only to primary homeowners.

(4) Effect on character of the neighborhood: Staff is of the opinion that the proposed text amendment will have a positive effect on the neighborhood. Ordinance 20-O-1656 was adopted by City Council on March 15, 2021 limiting the length of a stay to 30 days and requires a short-term rental license to be issued annually. In Home Park limiting the issuance of short-term rental licenses to primary homeowners may decrease any unforeseen ill effects committed by renters or imposed on nearby and adjacent properties. Home Park residents may rent their homes on a short-term basis to earn additional income to pay for essential needs and expenses or to supplement their income directly increasing their net worth and not the net worth of an absentee license holder. Additionally, any perceived or realized adverse effects that may be caused by short-term rentals that evolve into “party houses” will be managed by Zoning Enforcement and Code Enforcement via Ordinance 19-O-1393 adopted by City Council October 19, 2020.

(5) Suitability of proposed land use: Staff is of the opinion that short term rentals may be consistent with low-density residential land uses. The 2016 Comprehensive Development Plan’s Housing Community Vision is to, “have a diverse and balanced housing stock that provides affordable housing, options to meet the needs at each stage of life, a range of incomes and economic situations, and proximity to jobs and services.” Consistent with that vision Atlanta’s attraction for those in various industries that do not require permanent housing use short-term rentals as a desired housing option. Further, residents that are in the City can take advantage of short-term rentals by supporting their income or using a short- term rental for their main source of income. Short-term rentals are used as one single housekeeping unit consistent with the use of single-family and two-family homes permitted in single family and two-family districts.

(6) Effect on adjacent property: Staff believes the proposed legislation will not have an adverse effect on adjacent properties. Additionally, it is the desire of many to regulate and not eliminate short-term rentals as the benefits to individual residents support public safety, health, and welfare. Any adverse effects perceived or realized will be managed by Zoning Enforcement and Code Enforcement.

(7) Economic use of current zoning: Properties are currently zoned two family residential with a corresponding low-density residential land use. Staff is of the opinion that the economic use of the current zoning will not be negatively affected and will remain the same.

Z-21-49 SPI-8 Text Amendment Short Term Rental June 3, 2021 Page 3 of 3

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

STAFF RECOMMENDATION: APPROVAL

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 and Development

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-21-50 for 0 Market Street (17 01080001970)

DATE: June 3, 2021 An Ordinance by Councilmember Antonio Brown to rezone property located at 0 Market Street NW (17 01080001970) from C-4-C (Central Area Commercial Residential Conditional) District to C-4-C (Central Area Commercial Residential Conditional) District for a change of conditions; to modify the official zoning maps; and for other purposes.

FINDINGS OF FACT:

• Property location. The subject property is in Land Lot 108 of the 17th District, Fulton County, Georgia in the Atlantic Station neighborhood in NPU E Council District 3.

• Property size and physical features. The site is a rectangular shaped lot with approximately 2.695 acres (117, 394.2 square feet) in area. The subject property is currently undeveloped. The property is accessed by one curb cut.

• CDP land use map designation: The parcel is currently zoned C-4-C (Central Area Commercial Residential Conditional). The land use designation is MU (Mixed Used) within the 2016 Comprehensive Development Plan (CDP).

• Current/past use of property: The subject property is currently undeveloped. Previously the location was the site of Atlantic Steel. Staff is not aware of any other previous uses of the site.

• Surrounding zoning/land use: Parcels located to the west are zoned C-4-C (Central Area Commercial Residential Conditional) with MU (Mixed Used) land use designation. Properties located north of the site are zoned C-4-C (Central Area Commercial Residential Conditional) with MU (Mixed Used) land use designation. Properties south of the subject site are zoned C-4-C (Central Area Commercial Residential Conditional) with Z-21-50 for 0 Market Street (17 01080001970) June 3, 2021 Page 2 of 3

MU (Mixed Use) land use designation and PD-H (Planned Development Housing) with a MU (Mixed Use) land use designation.

• Transportation system: 17th Street is an arterial road. 17th Street is serviced by bus routes #37 and # 94 with connection to MARTA West End Transit Station and Vine City Transit Station.

PROPOSAL: The proposal is to rezone from C-4-C (Central Area Commercial Residential Conditional) to C- 4-C (Central Area Commercial Residential Conditional) for a change of conditions to allow a business or commercial school.

CONCLUSIONS:

(1) Compatibility with comprehensive development plan (CDP); timing of development: Staff finds that there are no known public projects or programs with which the timing of this application would conflict. The current MU (Mixed Use) land use designation is consistent with the proposed use that is a part of this request and no land use amendment is required.

(2) Availability of and effect of public facilities and services; referral to other agencies: The proposal is to amend the conditions of 98-O-0080/Z-97-58 to allow a business or commercial school. There has been no indication from review agencies and/or departments that there would not be adequate public facilities and services. At the time of permitting the development plans will be submitted to other agencies for permit review for compliance with applicable City codes. Therefore, this consideration is not applicable.

(3) Availability of other appropriate land zoned for proposed use; effect on balance of land uses with regard to the public need: The proposal is to change the conditions of 98-O- 0080/Z-97-58 to allow business or commercial schools as a permitted use. The proposed use is consistent with the mix of non-residential uses that are currently developed on nearby and adjacent parcels. Staff is of the opinion that there will be no negative effects on the balance of land uses regarding the public need.

(4) Effect on character of the neighborhood: Staff is of the opinion that the proposed change of conditions will have a positive effect on the neighborhood. The proposed use is consistent with the existing residential and non-residential uses found in the area.

(5) Suitability of proposed land use: The proposed conditional change is consistent with the existing MU (Mixed Use) land use designation. This land use category allows for a mix of uses such as commercial, office, hotels and residential, but not industrial uses. This land use is consistent with business and commercial schools therefore staff is of the opinion that the proposed use is suitable.

(6) Effect on adjacent property: Staff believes the proposed change of conditions will not have an adverse effect on adjacent properties. Adjacent parcels are mixed use, residential and non-residential. A private or profit or non-profit institutional use is consistent with adjacent property. Z-21-50 for 0 Market Street (17 01080001970) June 3, 2021 Page 3 of 3

(7) Economic use of current zoning: Properties are currently zoned residential and non- residential to include residential with corresponding mixed use land use. Staff is of the opinion that the economic use of the current zoning will not be negatively affected and will remain the same.

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

STAFF RECOMMENDATION: Approval conditioned upon the following:

1. That notwithstanding any restrictions in the “Atlantic Station Use Diagram”, a “business or commercial school” use is allowed on the subject property.

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

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-20-59 for 910 Lindbergh Drive NE, 922 Lindbergh Drive NE, and 928 Lindbergh Drive NE

DATE: June 3, 2021

A substitute Ordinance by Zoning Committee to rezone from R-4 (Single Family Residential) to R-5 (Two Family Residential) for property located at 910 Lindbergh Drive NE, 922 Lindbergh Drive NE, and 928 Lindbergh Drive NE.

The applicant has requested a 30-day deferral. Staff is supportive of the request.

STAFF RECOMMENDATION: 30-DAY DEFERRAL JULY 2021

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 and Development

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: Z-21-27 for Administrative Zoning Setback Variances for the Preservation of Trees

DATE: June 3, 2021 An Ordinance by Councilmember J. P. Matzigkeit to amend the 1982 Atlanta Zoning Ordinance, as amended, to amend Section 16-26.003, entitled “Conditions of Granting A Variance” and to create a new Section 16-26.008 entitled “Administrative Zoning Setback Variances for the Preservation of Trees”; and for other purposes.

Staff has requested a deferral.

STAFF RECOMMENDATION: 30 DAY DEFERRAL – JULY 2021