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 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-21-43 for 185 Flat Shoals Avenue SE

DATE: July 1, 2021

An Ordinance by Zoning Committee to rezone from R-5/BL (Two Family Residential/BeltLine Overlay) to MR-3/BL (Multifamily Residential /BeltLine Overlay) for property located at 185 Flat Shoals Avenue SE

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

STAFF RECOMMENDATION: 30-DAY DEFERRAL AUGUST 2021

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-21-46 for 1840 Childress Drive SW and 1850 Childress Drive SW

DATE: July 1, 2021

An Ordinance by Zoning Committee to rezone to rezone from R-3 (Single Family Residential) to MR- 2 (Multifamily Residential) for property located at 1840 Childress Drive SW and 1850 Childress Drive SW

FINDINGS OF FACT:

• Property location. The subject property fronts 200 feet on the east side of Childress Drive commencing at the intersection of the southerly right-of-way of Landrum Drive and the easterly right-of-way line of Childress Drive said point being the point of commencement. The parcel is in Land Lot 231 of the 14th District, Fulton County, Georgia within the Southwest neighborhood of NPU-R in Council District 11.

• Property size and physical features. The subject site is made up of two irregularly shaped lots that together are approximately 2.59 acres (138,569 square feet) in area. The subject property is currently undeveloped with frontage on Childress Drive with no vehicular access. The property is wooded with several mature trees throughout the site. The topography of the site drops approximately 58 feet from a highpoint at the front of the site on Childress Drive to a low point at the rear of the site.

• CDP land use map designation: The future land use designation is Single Family Residential (SFR) in the 2016 Comprehensive Development Plan (CDP).

• Current/past use of property: The subject property is currently vacant and wooded. Staff is unaware of any previous uses of the property.

Z-21-46 for 1840 Childress Drive SW and 1850 Childress Drive SW July 1, 2021 Page 2 of 4

• Surrounding zoning/land use: The surrounding parcels to the north, west and south are zoned R-3 (Single Family Residential) with a Single Family Residential (SFR) future land use designation and are developed with large lot single family homes. The adjacent parcel to the east and rear of the subject property is zoned RG-2 (Residential General Sector 2) with a Low Density Residential (LDR) future land use designation and is undeveloped.

• Transportation system: Childress Drive is classified as a collector street and connects to arterials Cascade Road and Campbellton Road. MARTA provides bus route #66 along Childress Drive with connections to the Hamilton E. Holmes Transit Station, 4.6 miles away. Sidewalks are present on the subject property and portions of Childress Drive.

PROPOSAL:

The applicant seeks a rezoning from R-3 (Single Family Residential) to MR-2 (Multifamily Residential) to develop 28 multifamily units in 7 structures with 4 units each.

Project Specifications: Max. Building Height Permitted: 35 ft Proposed Building Height: 35 feet Proposed Dwelling Units: 28 Net Lot Area: 112,867 sf (2.59 acres) Gross Land Area: 116,883 sf (2.68 acres) Maximum FAR Permitted: 0.348 (40,675 sf) Proposed FAR: 0.348 (40,600 sf) UOS Required: (.45) 52,597 sf UOS Proposed: 63,784 sf Parking Required: 36 spaces Parking Proposed: 37 spaces Transitional Yard Required: 20 ft along N/S property lines abutting R-3 Front Yard Required: 5 ft amenity zone, 10 ft sidewalk, 9 ft supplemental zone (40 ft + proposed) Side Yard Required: 10 ft/ 20 ft transitional yard (20 feet proposed) Rear Yard Required: 10 ft (20 feet proposed)

CONCLUSIONS:

(1) Compatibility with comprehensive development plan (CDP); timing of development: The proposed zoning is not consistent with the Single Family Residential (SFR) future land use designation, therefore, a Comprehensive Development Plan (CDP) amendment to Low Density residential (LDR) is proposed.

(2) Availability of and effect of 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-21-46 for 1840 Childress Drive SW and 1850 Childress Drive SW July 1, 2021 Page 3 of 4

(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. However, land zoned for the proposed use is available along the nearby Campbellton Road corridor where density is supported by CDP policies and plans and specifically encouraged in the 2006 Campbellton-Cascade Corridor Redevelopment Plan. Staff believes that allowing a rezoning to multifamily residential in an area of large lot single family residential uses may have a negative impact on the balance of land uses with regard to public need.

(4) Effect on character of the neighborhood: Staff finds the proposed rezoning to be incompatible with the character of the surrounding neighborhood. The CDP characterizes the subject property area as a Traditional Neighborhood Existing character area. The CDP policy emphasizes: “Preserving the residential character of Traditional Neighborhoods; protecting single-family detached residential neighborhoods from encroachment by non-residential uses, incompatibly scaled residential development; and encouraging new housing development that is compatible with the character of existing neighborhoods.” Therefore, Staff is of the opinion that allowing MR-2 (Multifamily Residential) zoning for 28 multifamily units in an established neighborhood of R-3 (Single Family Residential) large lots would not be compatible with the existing development pattern or character of the neighborhood.

(5) Suitability of proposed land use: Staff finds that the proposed Low Density Residential land use conflicts with the policies of the CDP that recommend “Maintaining the existing character, preserving the housing stock of neighborhoods and preventing the encroachment of incompatible uses are very important. The development pattern should be supported by infill housing construction that is compatible with the existing scale and character of the neighborhood.” The use and scale of the proposed development is incompatible with the adjacent large lot single family residential uses and the rural character of the surrounding uses. The low density residential land use would be more suitable as a transition between the rural character of the subject property and density along the Campbellton Road corridor than in the center of the neighborhood with predominately single family Residential uses and future land use. Further, the Atlanta City Design as a rural neighborhood within a conservation area with “reasonably large suburban estates that have big lots and narrow, winding and often curb-less streets.” Staff is of the opinion that the proposed infill development with 28 multifamily units is not compatible given the current single family residential land use pattern of the subject street, block face and surrounding neighborhood or Atlanta City Design.

(6) Effect on adjacent property: The development of 28 multifamily units zoned MR-2 (Multifamily Residential) in an area of R-3 (Single Family Residential) large lot development will not comply with the vision of the Comprehensive Development Plan. The CDP policies for NPU-R state: “Construct residential and commercial infill development that is compatible with adjacent development.” and “Preserve the single-family residential areas and multi-family residential communities of NPU-R including all parks.” Staff finds that allowing MR-2 (Multifamily Residential) zoning on the subject property would be incompatible in scale and character with the existing neighborhood and subject street and may have a negative impact on the adjacent single family properties.

Z-21-46 for 1840 Childress Drive SW and 1850 Childress Drive SW July 1, 2021 Page 4 of 4

(7) Economic use of current zoning: The economic opportunity of the subject property could be increased by the proposed rezoning however it may have a detrimental effect on adjacent properties and the neighborhood.

(8) Compatibility with policies related to tree preservation: The proposed development will impact a large number of mature trees and 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 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, 1840 Childress Drive SW and 1850 Childress Drive SW are located within a Rural Neighborhood within a Conservation Area. Rural Neighborhoods are described as follows:

“These are the least dense, least-walkable part of Atlanta. They are not-quite-rural communities of reasonably large suburban estates that have big lots and narrow, winding and often curb-less streets. They include neighborhoods like Mount Parran and Cascade Heights, where seclusion and nature are prioritized over any interest in city life.”

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 www.atlantaga.gov KEYETTA M. HOLMES, AICP Director Office of Zoning & Development

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: U-21-08 for 650 Montgomery Ferry Drive NE, 1798 Croften Drive NE 1794 Croften Drive NE, 1792 Croften Drive NE, 1786 Croften Drive NE, 1781 Croften Drive NE, 1785 Croften Drive NE, 1789 Croften Drive NE, 1795 Croften Drive NE, and 1799 Croften Drive NE

DATE: July 1, 2021

An Ordinance by Zoning Committee for a special use permit for a private school pursuant to 16- 06.005(1)(l) for property located at 650 Montgomery Ferry Drive NE, 1798 Croften Drive NE 1794 Croften Drive NE, 1792 Croften Drive NE, 1786 Croften Drive NE, 1781 Croften Drive NE, 1785 Croften Drive NE, 1789 Croften Drive NE, 1795 Croften Drive NE, and 1799 Croften Drive NE

FINDINGS OF FACT:

• Property Location: The subject properties front 126 feet on the western side of Montgomery Ferry Drive the true point of beginning being a point located on the western varied right of way of Piedmont Avenue west a distance of 206.51 feet from the intersection of the southern varied right of way of Rock Springs Road and the western varied right of way of Piedmont Avenue. The property is located within Land Lot 51 of the 17th District, Fulton County, Georgia in the Piedmont Heights Neighborhood of NPU-F in Council District 6.

• Property size and physical features: The subject properties are approximately 1.91 acres (83,200 square feet). There are three single family residences on the subject parcels. The topography declines slightly across the site from the front property line along Montgomery Ferry Road moving west towards the rear property line. Vehicular access is provided to the site via Croften Road which is a private street with limited access. There are several mature trees throughout the property.

• CDP land use map designation: The properties have a future land use designation of Single Family Residential (SFR) within the 2016 Comprehensive Development Plan (CDP).

U-21-08 for 650 Montgomery Ferry Drive NE, 1798 Croften Drive NE, 1794 Croften Drive NE, 1792 Croften Drive NE, 1786 Croften Drive NE, 1781 Croften Drive NE, 1785 Croften Drive NE, 1789 Croften Drive NE, 1795 Croften Drive NE, and 1799 Croften Drive NE July 1, 2021 Page 2 of 4

• Current/past use of property: The subject properties are currently developed with single family residential structures. They were previously separated from Rock Springs Baptist Church via 18- O-1020 (Z-16-79) as the church was designated as a Landmark Building/Site (LBS). Prior to 18- O-1020 the land was vacant.

• Surrounding zoning/land uses: Properties to the north, south, east, and west are zoned R-4/BL (Single Family Residential/Beltline Overlay) with Single Family Residential (SFR) future land uses.

• Transportation: Montgomery Ferry Drive is a collector street and Croften Drive is a private street with limited access. MARTA provides service via bus routes #27 and #809 along nearby Piedmont Circle. Sidewalks are present along portions of Montgomery Ferry Drive.

PROPOSAL: This special use permit (SUP) application accompanies rezoning case Z-21-40 which rezones the same properties from PD-H (Planned Development-Housing) to R-4 (Single Family Residential). The SUP will allow for the expansion of the private school at 1800 Piedmont Avenue.

• Ingress and egress: Ingress and egress to the site will be provided via Crofton Drive, which is being improved to provide a connection to the existing parking lot and driveway located behind Rock Springs Presbyterian Church at 1800 Piedmont Avenue. The applicant also proposes a sidewalk to be installed from Crofton Drive to the subject properties.

• Off-Street parking and loading: The existing parking and loading areas at 1800 Piedmont Avenue will be maintained and made available for the subject properties.

• Refuse and services areas: The applicant has established private refuse and garbage service for the existing private school at 1800 Piedmont Avenue and proposes to continue using their services.

• Buffering and screening: Existing landscaping of trees and shrubbery provide buffering and screening from surrounding residential dwellings.

• Hours and manner of operation: The school currently operates Monday through Friday from 7:30 a.m. to 4:00 p.m., and some evenings and weekends for extracurricular activities. The school has a maximum enrollment of 150 students.

• Duration: The applicant requests a permanent duration.

• Required yards and open space: Any required yards and open space must be met per the Zoning ordinance.

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

CONCLUSIONS:

• Ingress and egress: Ingress and egress for all vehicles will continue to be provided by the existing curb cut on Piedmont Road. However, the applicant proposes an additional access point at Crofton Road that will connect to the parking lot at 1800 Piedmont Avenue. Additionally, future installation of a sidewalk at Crofton Road is being proposed. Staff finds the ingress and egress sufficient.

• Off-street parking and loading: The existing parking and loading at 1800 Piedmont Road, as well as the driveways associated with the current development should be sufficient for the private school use. Therefore, Staff is of the opinion that the off-street parking and loading is adequate to support the proposed use.

• Refuse and services areas: The established private refuse and garbage service should be adequate for the proposed private school expansion. Delivery vehicles and service personnel will utilize the existing surface lot on site. Therefore, Staff is of the opinion that the refuse and service areas are adequate.

• Buffering and screening: Staff is of the opinion that the existing landscaping of trees and shrubbery provide buffering and screening from surrounding residential dwellings and should be adequate for the proposed private school use.

• Hours and manner of operation: The private school will operate between the hours of 7:30 a.m. and 4:00 p.m. with a maximum enrollment of 150 students. As this application represents an expansion of the campus, but not number of students, Staff finds the hours and manner of operation to be adequate.

• Duration: The applicant requests an indefinite duration request. Staff is supportive of the request.

• Compatibility with policies related to Tree Preservation and Replacement: The applicant indicates that they will coordinate with the City of Atlanta Arborist Division for the removal of any trees.

• Required yards and open space: No changes to the required yards and open space have been proposed. Staff is of the opinion that the current site plan, proposed use and current open spaces are sufficient for the proposed use.

STAFF RECOMMENDATION: APPROVAL conditioned upon the following:

1. The special use permit for a private school shall be valid only if, Heritage Preparatory School of Georgia is the owner and operator.

2. The special use permit is not transferable. 3. The maximum number of 150 children shall be the enrolled. Evidence of the enrollment shall be demonstrated at the beginning of the school year by delivery from Heritage Preparatory School of Georgia to the City’s Office of Zoning and Development.

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

MEMORANDUM

TO: Zoning Review Board

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

SUBJECT: U-21-08 for 1850 Howell Mill Road NW, 17-01530010040, 17-01530011045, 17- 01530011004, 17-01530011005, 17-01530011083, and 17-0153001106

DATE: July 1, 2021

An Ordinance by Zoning Committee for a special use permit for outdoor displays or sales areas pursuant to 16-34.007(1)(k) for property located 1850 Howell Mill Road NW, 17-01530010040, 17- 01530011045, 17-01530011004, 17-01530011005, 17-01530011083, and 17-0153001106

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

STAFF RECOMMENDATION: 30 DAY DEFERRAL – AUGUST 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-20-84 for 480 South Evelyn Place rear NW

DATE: July 1, 2021

An Ordinance by Zoning Committee to rezone from R-4A (Single Family Residential) to PD-H (Planned Development Housing) for property located at 480 South Evelyn Place rear NW

The applicant has requested a 90-day deferral for more time to work with the neighborhood and NPU. Staff is supportive of this request.

STAFF RECOMMENDATION: 90-DAY DEFERRAL OCTOBER 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-21-08 for 1397 Campbellton Road SW

DATE: July 1, 2021 An Ordinance by Zoning Committee to rezone from MRC-1-C (Mixed Residential Commercial Conditional) to MRC-1 (Mixed Residential Commercial) for a change of conditions for property located at 1397 Campbellton Road SW

The applicant requested to withdraw the application. Staff is supportive of the request.

STAFF RECOMMENDATION: FILE

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-21-11 for 374 Climax Street SE, 380 Climax Street SE, 388 Climax Street SE, 394 Climax Street SE, 400 Climax Street SE, 406 Climax Street SE, 412 Climax Street SE, 418 Climax Street SE, 424 Climax Street SE, 430 Climax Street SE, 436 Climax Street SE, and 442 Climax Street SE.

DATE: July 1, 2021

An Ordinance by Zoning Committee to rezone from R-4A/BL (Single Family Residential/BeltLine Overlay) to MRC-3/BL (Mixed Residential Commercial/BeltLine Overlay) for property located at 374 Climax Street SE, 380 Climax Street SE, 388 Climax Street SE, 394 Climax Street SE, 400 Climax Street SE, 406 Climax Street SE, 412 Climax Street SE, 418 Climax Street SE, 424 Climax Street SE, 430 Climax Street SE, 436 Climax Street SE, and 442 Climax Street SE

FINDINGS OF FACT:

• Property location: The subject property fronts approximately 762 feet on the north side of Climax Street beginning at the point of intersection of the southerly right-of-way of Climax Street with the westerly right-of-way of Dalton Street. The property is located within Land Lot 41 of the 14th District, Fulton County, Georgia in NPU-Y in Council District 1.

• Property size and physical features: The subject property is made up of 12 parcels with a total area of approximately 2.2 acres (95,974 square feet). The property is located on the north side of Climax Street and is currently vacant. The site topography rises from a low point at the front of the site to a high point at the rear property line. The subject property has several mature trees and vegetation located throughout. Vehicular access is not currently provided to the site and the adjacent portion of the Climax Street roadway is in disrepair due to lack of use. The subject property is fenced and locked along with adjacent properties owned by Atlanta Housing.

Z-21-11 for 374 Climax Street SE, 380 Climax Street SE, 388 Climax Street SE, 394 Climax Street SE, 400 Climax Street SE, 406 Climax Street SE, 412 Climax Street SE, 418 Climax Street SE, 424 Climax Street SE, 430 Climax Street SE, 436 Climax Street SE, and 442 Climax Street SE. July 1, 2021 Page 2 of 5

• CDP land use map designation: The subject properties have a 2016 Comprehensive Development Plan (CDP) future land use designation of Medium Density Mixed Use (MDMU).

• Current/past use of property: The subject property is currently vacant and undeveloped; in the past it was used as single family residential dwellings.

• Surrounding zoning/land uses: The subject properties are currently zoned R-4A/BL (Single Family Residential /BeltLine Overlay). Adjacent properties to the west are zoned R-4A/BL (Single Family Residential /BeltLine Overlay) with a future land use designation of Single Family Residential (SFR) and are developed with single family residential uses. Properties to the north and east are zoned MRC-3-C/BL (Mixed Residential Commercial Conditional /BeltLine Overlay) with a future land use designation of Mixed Use High Density (MUHD) and are vacant and undeveloped. The adjacent properties to the south are zoned R-4A/BL (Single Family Residential BeltLine Overlay) with a future land use designation of Single Family Residential (SFR) and are proposed to be rezoned to MR-2/BL (Multifamily Residential/BeltLine Overlay) via Z-21-12; they are currently vacant and undeveloped.

• Transportation: Climax Street is classified as a local road and terminates at the east end of the site. Climax Street intersects with local road Grant Street directly west of the subject site. Collector Englewood Avenue is one block north of the subject site but is not directly connected to the subject property. Dalton Street intersects with Climax Street south of the subject property and curves west to intersect with Grant Street. Currently, MARTA serves the area via bus route #49 on nearby Englewood Avenue with connections to the Five Points Transit Station. Sidewalks do not currently exist on the subject property.

PROPOSAL:

The applicant proposes to rezone 12 adjoining properties from R-4A/BL (Single Family Residential/BeltLine Overlay) to MRC-3/BL (Mixed Residential Commercial/BeltLine Overlay) in conjunction with other contiguous properties owned by the Atlanta Housing. The subject properties are a part of a proposed mixed use community involving the redevelopment of the adjacent former Englewood Manor public housing development. The applicant intends to develop a mixed use community that includes 5 owner occupied live-work units, 17 owner occupied townhomes, 360 multifamily residential units (some of which will be designated for active senior housing), up to 27,000 square feet of street level retail, greenspace, and residential amenities.

CONCLUSIONS:

1. Compatibility with comprehensive development plan (CDP): The subject properties are designated Medium Density Mixed Use (MDMU) in the 2016 Comprehensive Development Plan (CDP). The proposed rezoning to MRC-3 (Mixed Residential Commercial) is not compatible with the current land use designations thus a land use amendment to Mixed Use- High Density (MUHD) 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 a variety of housing types and street connectivity to the neighborhood. The proposed development will introduce new roadways that will extend the city street grid throughout the development creating three new city blocks. The existing Mailing Avenue stub will extend south from its current terminus at Englewood Avenue to a new intersection with Climax Street. Dalton Street will extend west by approximately 440 feet before curving and traveling north to an intersection with Englewood Avenue. Parking is proposed in central parking decks, in townhouse garages and on streets. Sidewalks are proposed along all streets. The proposed use creates an appropriate transition between nearby single family residential and the adjacent proposed mixed use development.

4. Effect on character of the neighborhood: The 2016 Comprehensive Development plan places the subject site within the Redevelopment Corridor Character Area. CDP policies for this area include “Building placement, mass and orientation should create a pedestrian- friendly urban form. The front building facade should be built to the back edge of the sidewalk, and the main building entrance should open to the sidewalk to frame the streetscape and encourage pedestrian activity. Parking lots should be located to the side and or rear of buildings and when adjacent to the sidewalk, should be screened with vegetation. Buildings should wrap multi-story parking decks. Buildings should have quality materials and design.” The CDP also states, “Multi-story buildings, high density and mixed use buildings/developments, and multi-family residential (including senior and workforce housing) are appropriate along Redevelopment Corridors.” 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 mixed use development that connects the neighborhood and creates a transition between nearby single family residential and adjacent mixed uses proposed. Conversion of the former Englewood Manor public housing development site to a mixed use development with an affordable multifamily housing component will activate the site with new streets in a way that is compatible with the character of the neighborhood. The design intent is to connect and expand the existing street network and introduce transitional land uses so that the proposed development is integrated into the existing neighborhood character.

5. Suitability of proposed land use: Staff finds that the proposed mixed use development complements the existing residential use in the neighborhood and allows for housing diversity and development of a large vacant property on a redevelopment corridor. The 2010 Chosewood Park Redevelopment Plan specifically sets forth the following policies for the subject site and the adjacent Atlanta Housing (AH) properties: “The master plan identifies the former AHA housing complex as a key to the positive change in both perception and investment for Chosewood Park. While the demolition of the property has been a benefit to the community, the large vacant tract creates an uncertainty for not only residents but future investors. As has been identified in previous studies as well as the recent model for the housing authority, the future development should look to integrate the project within the surrounding fabric through better connectivity and a mix of housing types and prices that reduces in density from the major corridors to the internal community. With the neighborhoods high rental to owner occupied ratio, it is imperative that a healthy portion of the project be owner occupied to help reverse this condition. At this time, there is no proposal from AHA for the redevelopment of the property. For many years, this site has been a barrier within the community.” Staff finds that the proposed land use is suitable and essential to the implementation of a plan that accomplishes the goals set forth in the 2010 Chosewood Park Redevelopment Plan.

6. Effect on adjacent property: Staff is of the opinion that if the subject properties are rezoned to MRC-3/BL (Mixed Residential Commercial/BeltLine Overlay) the proposed development will have no negative effect on adjacent properties and should complement the existing single family residential and potential mixed uses in the adjacent former Englewood Manor site. The proposed buildings will be sited to have townhomes adjacent to existing single family residential to minimize the impact on the adjacent properties. The subject site is essential to allow street connectivity in the proposed mixed use development. The proposed street connectivity will have a positive impact on the neighborhood and the streets with have a pedestrian oriented environment with a complete network of sidewalks. The site also has ample space to expand the green space and create a development that will promote a sense of place for the community.

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 Redevelopment Corridor 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, 374 Climax Street SE, 380 Climax Street SE, 388 Climax Street SE, 394 Climax Street SE, 400 Climax Street SE, 406 Climax Street SE, 412 Climax Street SE, 418 Climax Street SE, 424 Climax Street SE, 430 Climax Street SE, 436 Climax Street SE, and 442 Climax Street SE are located within a Corridor within a Growth Area. Growth Area Corridors 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 Holowell, 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 north side of Climax Street shall be developed with residential units fronting the street. 2. Each residential unit adjacent to Climax Street shall have a front door facing the street with a walkway connecting the front door to the sidewalk. 3. Mailing Avenue shall be extended south of Englewood Avenue through the subject properties to connect with Climax Street. 4. Properties west of the Mailing Avenue extension shall have a maximum building height of 52 feet measured from the proposed average grade.

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-21-12 for 373 Climax Street SE

DATE: July 1, 2021

An Ordinance by Zoning Committee to rezone from R-4A/BL (Single Family Residential/Beltline Overlay) to MR-2/BL (Multifamily Residential/Beltline Overlay) for property located at 373 Climax Street, SE, 379 Climax Street, SE, 385 Climax Street, SE, 393 Climax Street, SE, 407 Climax Street, SE, 411 Climax Street, SE, 417 Climax Street, SE, 425 Climax Street, SE, 431 Climax Street, SE, 437 Climax Street, SE, and 443 Climax Street, SE, 380 Dalton Street, SE, 386 Dalton Street, SE, 394 Dalton Street, SE, 375 Dalton Street, SE, 381 Dalton Street, SE, 387 Dalton Street, SE and 389 Dalton Street, SE, and 505 Englewood Avenue Apt 3 SE.

FINDINGS OF FACT:

• Property location: The subject property fronts approximately 652.3 feet on the south side of Climax Street beginning at the point of intersection of the southerly right-of-way of Climax Street with the westerly right-of-way of Dalton Street. The property is in Land Lot 41, 14th District Fulton County, Georgia within NPU-Y, Council District 1.

• Property size and physical features: The subject property is an assemblage of 19 parcels totaling 4.48 acres (195,378 square feet) area. The parcels are currently vacant, undeveloped, and covered in trees and vegetation. The property has two vehicular entry points on Climax Street and Dalton Street respectively, which are blocked by chain link gates. The topography varies throughout the site with a steep grade in the middle of the block surrounded by Climax Street, Dalton Street and Grant Street.

Z-21-12 for 373 Climax Street, S.E. July 1, 2021 Page 2 of 5

• CDP land use map designation: The 2016 Comprehensive Development Plan’s Future Land Use designation for this property is Single Family Residential. An amendment to the CDP is needed to accommodate the proposed rezoning and development.

• Current/past use of property: The subject property is an assemblage of multiple parcels. The parcels are currently vacant and undeveloped. This is the former location of the Englewood Manor multifamily development. Staff is not aware of any other prior uses of the site.

• Surrounding zoning/land uses: Properties located to the south, east and west of the site are zoned R-4A/BL (Single Family Residential/BeltLine Overlay) with an SFR (Single Family Residential) land use designation. Properties to the north of the site are zoned R-4A/BL (Single Family Residential/BeltLine Overlay) with an MUHD (Mixed Use Medium Density) land use designation. The Chosewood Park is located to the southeast corner with R-4A/BL (Single Family Residential/Beltline Overlay) and an OS (Open Space) land use designation.

• Transportation system: Dalton Street, Climax Street and Grant Street are all classified as local streets and connects to Hill Street to the west and Englewood Avenue to the north, which are also classified as local streets. MARTA services the immediate area via bus route #49 along Hill Street and Englewood Avenue. The closest MARTA station is King Memorial Transit Station which is 2.5 miles from the subject property.

PROPOSAL: The applicant requests to rezone from R-4A/BL (Single Family Residential/Beltline Overlay) to MR-2/BL (Multifamily Residential/Beltline Overlay) for the development of 80 units of housing. The proposal is to develop 20 townhome units, 39 single family homes and 21 accessory dwelling units.

Development Specifications: NET LOT AREA (NLA): 195,378 SF (APPROX.) GROSS LOT AREA (GLA): 260,581 SF (APPROX.) RES. FAR ALLOWED (GLA): 0.348 RES. FAR PROPOSED (GLA): 0.348 MAXIMUM RES. SF ALLOWED: 90,682 SF RES. SF PROPOSED: 90,680 SF MAXIMUM RES. UNITS PROPOSED: 80 (APPROX.) U.O.S.R. (0.46*GLA): 119,867 SF U.O.S. PROPOSED: 121,000 SF MINIMUM PARKING REQ'D (1 PER UNIT): 80 PARKING PROPOSED: 80 MINIMUM LOADING SPACES REQ'D: 0 LOADING SPACES PROV'D: 0 MAX PERMITTED HEIGHT: 35'

Z-21-12 for 373 Climax Street, S.E. July 1, 2021 Page 3 of 5

CONCLUSIONS:

(1) Compatibility with comprehensive development plan (CDP); timing of development: The Comprehensive Development Plan (CDP) designates the property as Single Family Residential. The proposed rezoning to MR-2 (Multifamily Residential) District is not consistent with the existing land use, thus a land use amendment will be required to accommodate the proposed development. Staff is not aware of any public projects/programs to conflict with the proposed timing of development.

(2) Availability of and effect of public facilities and services; referral 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.

(3) Availability of other land suitable for proposed use; environmental effect on balance of land uses: 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 site is uniquely positioned between Chosewood Park to the south and Boulevard Crossing Park to the north. In addition, this site is within a 0.5 mile of the Atlanta BeltLine. The proposal will complement the proposed mixed-use development (Z-21-011) to the north along Englewood Avenue as the density and height will step down as it moves south towards the inner core of the predominantly single-family neighborhood. Staff believes that the proposal to develop the subject property with a more single-family residential dwellings is contextually appropriate and at a scale that respects surrounding uses. Therefore, the rezoning would have a positive effect on the balance of land uses.

(4) 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 the site in order to replat it into 40 parcels to provide 80 units of housing aligns with the Chosewood Plan recommendation that states, “The new development should follow the fabric of the older components of the neighborhood. Buildings should be placed closer to the street; street connections should be made to the existing street network and the streetscape should include a clear delineation between the travel lanes and the sidewalks.” The proposed approach of small, detached homes with accessory dwelling units on small lots respects the character of the adjacent single-family neighborhood. Also, the townhomes that are proposed to face the multifamily development on the adjacent parcels will serve as a moderate transition to the higher density development. Therefore, the proposal also aligns with the BeltLine Subarea 3 Masterplan recommendation to, “Ensure appropriate transitions between residential densities by promoting buffers and step downs in stories and intensity.” In addition, the proposed development will also be required to meet the MR 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. Therefore, Staff is of the opinion that the proposal is reasonable.

Z-21-12 for 373 Climax Street, S.E. July 1, 2021 Page 4 of 5

(5) Suitability of proposed land use: Staff is of the opinion that the proposal is suitable in view of the use and development of adjacent and nearby property. The existing neighborhood to the south and west of the property has an existing single-family residential fabric which is the core of the neighborhood. The proposed change is more suitable considering the proposal would serve as a transition between the single family and proposed mixed-use developments to the north. The proposed development is also consistent with the intent of the 2016 Comprehensive Development Plan which states that, “The Low Density Residential designation consists primarily of detached single-family homes, duplexes, triplexes, quadruplexes, townhomes, and small multi-family developments. Building height primarily is up to 3 stories.”

(6) Effect on adjacent property: Staff is of the opinion that the rezoning of the subject property to the MR-2 (Multifamily Residential) zoning designation would not pose negative impacts to adjacent properties. Currently the lots are vacant. The adjacent properties will benefit from more eyes on the streets. Also, the proposal will provide a more pedestrian oriented streetscape within the neighborhood center and an additional customer base for the neighborhood commercial uses. The proposed rezoning will also help by adding housing diversity and density to support a walkable neighborhood.

(7) Economic use of current zoning: The subject property has some economic use under the existing conditions as the existing zoning will allow single-family homes on large lots. However, rezoning the property will allow for the development of diverse housing types on smaller lots. The existing zoning will allow less than 65 units of housing including accessory dwelling units. Whereas the rezoning to MR-2 will allow for a development of 80 units to occur on small lots with a diverse mix of unit types to provide more affordable housing. The applicant has indicated that the project will provide for sale units, with 20% of the units to be sold to income earners between 60% to 80% AMI. Therefore, even though the allowable FAR is less in the proposed zoning than existing, the unit count will be higher making the proposed option more economically reasonable.

(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 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 373 Climax Street SE, 379 Climax Street, SE, 385 Climax Street, SE, 393 Climax Street, SE, 407 Climax Street, SE, 411 Climax Street, SE, 417 Climax Street, SE, 425 Climax Street, SE, 431 Climax Street, SE, 437 Climax Street, SE, and 443 Climax Street, SE, 380 Dalton Street, SE, 386 Dalton Street, SE, 394 Dalton Street,

Z-21-12 for 373 Climax Street, S.E. July 1, 2021 Page 5 of 5

SE, 375 Dalton Street, SE, 381 Dalton Street, SE, 387 Dalton Street, SE and 389 Dalton Street, SE, and 505 Englewood Avenue Apt 3 SE is located within Corridor Neighborhood within a Growth Area. Growth Area Corridors 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 vibrant public life out beyond the core of the city.”

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

SUBJECT: Z-21-27 for Administrative Variance for Tree Preservation

DATE: July 1, 2021

A substitute 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

FINDINGS OF FACT:

The City of Atlanta’s (the “City’s) tree canopy is a well-recognized integral part of the City’s identity, and the City is frequently described as the “City in the Forest”. The city is embarking on an effort to amend its Tree Protection Ordinance. To facilitate the preservation of trees during construction an administrative variance for tree preservation has been proposed.

Trees and their canopy have long been recognized as improving the livability, aesthetics, and land values in cities. Recent scientific studies have expanded the understanding of the benefits of urban forests. These studies have shown that urban forests provide ecosystem services that benefit all residents, such as mitigating air pollution, lowering ambient temperatures resulting in reduced energy used for cooling buildings, reducing stormwater runoff volumes and pollutants, reducing erosion and soil loss, and providing habitat to sustain populations of urban wildlife. The studies also show that living near urban trees provides numerous physical, mental, and social health benefits such as higher infant birth weights, lower adult and child obesity rates, lower levels of depression, increased attention, increased social cohesion, and reduced levels of domestic violence and other crimes. Amendments to the Atlanta Zoning Ordinance will help ensure the effectiveness of the City’s current Tree Protection Ordinance or any future amendments to the Tree Protection Ordinance.

Z-21-12 for 373 Climax Street, S.E. July 1, 2021 Page 2 of 3

The legislation seeks to allow the staff of the Department of City Planning to administratively reduce the setback requirements of the Zoning Ordinance for the purpose of tree preservation.

PROPOSAL: The legislation would authorize The Department of City Planning Office of Zoning & Development to approve administrative variances on single-family or two-family residential lots to reduce zoning setbacks by up to 50% of their width if recommended by the City Arborist to allow for the preservation of trees and amends Section 16-26.003(2) regarding exceptions for the preservation on mature trees.

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 designations, single family residential and low density residential are consistent with the zoning districts R-1 through R-5 and PD-H that are 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: Land zoned for single family and two-family purposes have tree cover that may hinder the development of new homes or the expansion of existing homes. There has been no indication from review agencies and/or departments that public facilities and services may be encumbered by the text amendment. At the time proposed development plans are submitted to other agencies for permit review, compliance with all applicable City codes will be required.

(3) Availability of other land suitable for proposed use; environmental effect on balance of land uses: The preservation of trees is necessary to maintain and improve the balance of land uses. Areas with high quality tree cover are under threat due to rapid urbanization and redevelopment, causing reduction in the number of trees and natural forest areas. Historic, car-centric Atlanta development culture has led to poor air quality conditions, which are affecting human health and contributing to heat island effect. Atlanta’s iconic urban forest provides numerous and diverse benefits. In the “City in a Forest,” the aim is to protect all healthy trees. The unique circumstances of each site level protection and development decision must be balanced with the overall goal to protect unique and important forest resources throughout the city.

(4) Effect on character of the neighborhood: In October 2014, the overall city tree canopy was 47.1%. The city’s goal is to achieve and maintain a 50% tree cover. An estimated 2.3% of 2014 tree canopy was temporary growth in unfinished, permitted developments, and therefore is not reliable long-term tree canopy. This early successional tree canopy will be cleared when construction restarts on these developments. From 2008 to 2014, the greatest loss of tree canopy was in redevelopment of single-family residential homes. As City Design Growth Areas of Core, Clusters, and Corridors increase in population and development density, development must balance the need for increased density with preservation of existing natural resources and growing new tree canopy. Production, Suburban, and Rural

Z-21-12 for 373 Climax Street, S.E. July 1, 2021 Page 3 of 3

areas will require a focus on reversing their recent trend of canopy loss and planting new trees to increase canopy on private land. Staff is of the opinion that the proposal will help the city reach the tree canopy goal and preserve trees.

(5) Suitability of proposed land use: The existing single family residential and low density residential land use will be unchanged.

(6) Effect on adjacent property: Staff is of the opinion that the text amendment will have a positive effect on adjacent properties. The preservation of trees improves air quality, decreases the urban heat island and protecting the ability for a tree to survive here is the most basic form of stewardship of the land. Local biodiversity and healthy natural systems provide the residents of the city opportunities for connection and respite offered by nature. The physical and mental health of Atlanta residents are linked inextricably to the health of the city’s natural systems.

(7) Economic use of current zoning: Staff is of the opinion that the economic opportunity of property in the R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-4B, R-5 or PD-H zoning districts will not change.

(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.

STAFF RECOMMENDATION: APPROVAL OF SUBSTITITE ORDINANCE

Z-21-27 Administrative Variance for Tree Preservation

Approval No Vote NPU Approved Conditional Denied Abstained Taken Comments Z-21-27 A 1

B 1 C 1 D 1 E 1 F 1 G 1 H 1 I 1 J 1

K 1 L 1 M 1 N 1 O 1 P 1 Q 1 R 1 S 1 T 1 V 1 W 1 X 1 Y 1 Z 1 UDC Total: 8 0 17 0 0

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

MEMORANDUM amended

TO: Zoning Review Board

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

SUBJECT: U-21-10 for 173 14th Street NE

DATE: July 1, 2021

An Ordinance by Zoning Committee for a special use permit for a place of worship pursuant to 16- 18P.005 for property located at 173 14th Street NE

FINDINGS OF FACT:

• Property Location: The subject property fronts 172.97 feet on the southern side of 14th Street beginning at a nail set at the intersection of the eastern right-of-way of Juniper Street and the southern right-of-way of 14th Street. The property is located within Land Lot 106 of the 17th District, Fulton County, Georgia in the Midtown Neighborhood of NPU-E in Council District 2.

• Property size and physical features: The subject property is .339 acres (14766.84 square feet). The SCAD (Savannah College of Art and Design) Theater is located on site. The topography is relatively level. No vehicular access is provided to the site.

• CDP land use map designation: The current land use designation is Very High Density Residential (VHDR) within the 2016 Comprehensive Development Plan (CDP).

• Current/past use of property: The subject property is currently developed with a multistory event venue. The site was previously used as the Academy Theater, the 14th Street Playhouse and most recently used as SCADShow. Staff is unaware of any other previous uses on the site.

• Surrounding zoning/land uses: Properties to the north and west are zoned SPI-16 SA1 (Midtown Special Public Interest District Subarea 1) with High Density Commercial (HDC) future land uses. Properties located to the east and south are zoned SPI-16 SA2 JSTA (Midtown Special Public Interest District Subarea 2 JSTA) with Very High Density Residential (VHDR) land uses. U-21-10 for 173 14th Street July 1, 2021 Page 2 of 3

• Transportation: 14th Street is an arterial and Juniper Street is an arterial. MARTA provides service via bus route #27 with a stop located near the exit of the building on 14th Street. Sidewalks are present along both sides of 14th Street and Juniper Street.

PROPOSAL: The applicant requests a special use permit (SUP) top operate a place of worship.

• Ingress and egress: Pedestrian ingress and egress to the building will be provided from Juniper Street and 14th Street. Pedestrians can access the site using the sidewalks present on both 14th Street and Juniper Street.

• Off-Street parking and loading: Emergency vehicles will access the property at street level on Juniper Street and 14th Street or by accessing the building using the service entrance from the alley on 14th Street. There is no parking on the property, however, there are multiple publicly accessible parking garages in the immediate area to accommodate the proposed 350 congregants.

• Refuse and services areas: The applicant has established private refuse and garbage service for the place of worship.

• Buffering and screening: The property is located at the intersection of 14th Street and Juniper Street. There is limited buffering and screening, however, all activities will take place within a fully enclosed building.

• Hours and manner of operation: The primary use of the property is for a place of worship. Services will be conducted on Sunday mornings at 9:00 am and 11:00 am. Other services will be held on various nights throughout the week. Staff will be onsite Monday through Friday from 8:00 am until 5:00 pm and on Sunday from 8:00 am to 2:00 pm.

• Duration: The applicant requests a permanent duration.

• Required yards and open space: No changes to required yards are open spaces have been proposed.

• Tree Preservation and Replacement: Should there be redevelopment of the property it must comply with the City of Atlanta Tree Ordinance at time of permitting.

CONCLUSIONS:

• Ingress and egress: Congregants, staff, emergency vehicles and service personnel will access the property at street level on Juniper Street and 14th Street or by accessing the building using the service entrance from the alley on 14th Street. There is no parking on the property, however, there are multiple publicly accessible parking garages in the immediate area to accommodate the proposed 350 congregants.

U-21-10 for 173 14th Street July 1, 2021 Page 3 of 3

• Off-street parking and loading: There are no off-street loading or parking spaces provided. The place of worship has no minimum parking requirement for off-street loading spaces in accordance with Sec. 16-18P.020. There are multiple publicly accessible parking garages in the immediate area to accommodate the proposed 350 congregants. Additionally, the site can be accessed by public transit. Staff finds off-street parking and loading to be sufficient.

• Refuse and services areas: The established private refuse and garbage service should be adequate for the proposed place of worship. Delivery vehicles and service personnel will utilize the existing alley or street level entrance. Therefore, Staff is of the opinion that the refuse and service areas are adequate.

• Buffering and screening: Staff is of the opinion that the existing landscaping, trees and shrubbery provide buffering and screening from surrounding residential dwellings and should be adequate for the proposed place of worship.

• Hours and manner of operation: The place of worship will operate on Sundays at 9:00 am and 11:00 am for worship services. Monday through Friday employees will work onsite from 8:00 am to 5:00pm and on Sundays from 8:00 am to 2:00 pm. Occasionally services, workshops and other events associated with the place of worship will occur throughout the week. Staff finds the proposed hours and manner of operation to be sufficient.

• Duration: The applicant requests an indefinite duration request. Staff is supportive of the request.

• Compatibility with policies related to Tree Preservation and Replacement: The applicant has proposed no tree removal. Should tree removal be necessary preservation and replacement shall be in accordance with the Atlanta Tree Preservation Ordinance.

STAFF RECOMMENDATION: APPROVAL conditioned upon the following:

1. The special use permit for a place of worship shall be valid as long as Free Chapel Worship Center, Inc. is the owner and operator. 2. The special use permit is not transferrable.

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 amended TO: Zoning Review Board

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

SUBJECT: Z-20-43 for Grand Bargain

DATE: July 1, 2021

An Ordinance by Councilmember Amir R. Farokhi to authorize the removal of five privately owned billboard faces and their supporting structures, permitted under Part 16, Chapter 28A of the 1982 Zoning Ordinance of the City Of Atlanta, as amended, in exchange for the right given to their owners to upgrade and/or relocate five billboards where the upgrade and exchange may allow for the creation of the 14th Street Linear Park and the Peachtree Creek at Cheshire Bridge Road Environmental Project after the five privately owned sets of billboard faces and the supporting structures of relocated billboards are removed; to waive certain provisions in section 16-20.007(A)(4) of the City of Atlanta Code of Ordinances; to waive section 16-28A.007(B)(4) of the City of Atlanta Code of Ordinances; and for other purposes

FINDINGS OF FACT:

The City of Atlanta Sign Ordinance codified at City Code Sec. 16-28A.001 et. seq. (the “Sign Ordinance”) is established to protect the health, safety and general welfare of the citizens of the City of Atlanta, and to implement the policies and objectives of the comprehensive development plan of the City of Atlanta through the enactment of a comprehensive set of regulations governing signs. Further, the “Sign Ordinance” places reasonable controls on nonconforming signs that are by definition contrary to the public health, safety and welfare while protecting the constitutional rights of the owners of said non-conforming signs. Large signs, defined by the Sign Ordinance, as billboards measuring over 200 square feet but not greater than 672 square feet are allowed in the City in order to provide fair and reasonable opportunities for the advertisement of products, goods or services and to promote the economic vitality of businesses which are located within the city.

Z-20-43 for The Grand Bargain July 1, 2021 Page 2 of 3

PROPOSAL: The proposal is to allow the removal of 5 existing billboards and to relocate 1 billboard and upgrade 4 billboards with LED technology in exchange for the 14th Street Linear Park and the Peachtree Creek at Cheshire Bridge Road Environmental Project.

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. However, the Sign Ordinance regulates signage allowance based upon applicable zoning districts. As proposed the upgraded billboard relocations sites are not consistent with existing zoning districts and therefore not consist with existing land use designations.

(2) Availability of and effect of public facilities and services; referral to other agencies: The location of the sites and current use of surrounding properties indicates there are public facilities and services available to the subject properties. There has been no indication from review agencies and/or departments that there would not be adequate public facilities and services to the subject locations. 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 land suitable for proposed use; environmental effect on balance of land uses: The relocation sites of billboards that are subject to this text amendment have been identified and the existing land uses are not proposed to be changed. However, the relocation sites of the billboards are in areas that are prohibited by the Sign Ordinance. Further, the legislation proposes to waive the requirements of the Sign Ordinance and allow for the removal of existing signs in exchange for the allowance to upgrade those signs inconsistent with the Sign Ordinance and allow for the permitting of such signs in exchange for a linear park and an environmental project. Staff is of the opinion that waiving the code requirements will have a negative effect on the balance of land uses and that the park and environmental project requirement of this legislation is unrelated to the purposes of the Sign Ordinance to protect the public health, safety, and welfare of the residents of Atlanta.

(4) Effect on character of the neighborhood: Billboard signs are only permitted in the I-1 (Light Industrial) and I-2 (Heavy Industrial) zoning districts. All billboards located on property not in the I-1 an I-2 zoning districts are non-conforming. Building signature signs and wall signs are permitted by the Sign Ordinance. Further, sign overlays have been approved that allow multiple messages and upgraded technology such as the Fort McPherson Film and Television Overlay Sign. Regarding the 14th Street billboards that are part of this ordinance, the Department of City Planning staff requested that the developer look into the feasibility of relocating the billboards, perhaps on the side of the building of the new development, to enhance the character of the neighborhood on 14th Street as part of the development of an office tower. However, under the current proposal, staff is of the opinion that the proposed relocation sites for the various upgraded billboards do not have a clear rationale and the approval of these relocation sites will have a negative effect on the

Z-20-43 for The Grand Bargain July 1, 2021 Page 3 of 3

character of the neighborhood because the signs could not be permitted under the current Sign Ordinance.

(5) Suitability of proposed land use: The current land use of existing sign locations will not change.

(6) Effect on adjacent property: Staff is of the opinion the proposed rezoning would have a negative effect on adjacent properties. This proposal could not exist but for the waiver of the regulations of the Sign Ordinance.

(7) Economic use of current zoning: The economic use of the current non-conforming billboards is realized by their continued allowance under the Sign Ordinance. Additional economic use may be realized, however, the economic use of the billboards existing or upgraded unrelated to the purposes of the Sign Ordinance to protect the public health, safety, and welfare of the residents of Atlanta.

(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.

STAFF RECOMMENDATION: CONTINUATION TO JULY 8, 2021, AGENDA

Z-20-43 Grand Bargain

Approval No Vote NPU Approved Conditional Denied Deferral Taken Comments Z-20-43 B 1

E F 1 M 1 Total: 0 0 2 1 0