2026-11-05 - Zoning Review Board
Summary
Built from the captions; no agenda document or minutes were retrieved. Names and numbers may be misheard.
- Agenda & deferral motions: The board adopted the agenda and moved four cases to the front for deferral; no opposition was heard to any deferral, and all four were moved without recorded individual votes.
- Z-26-26 (Fox Street NW, English Ave area, NPU-L, D3): Rezone from English Avenue SPI-1 to SPI-2 with Westside housing overlay; deferred 30 days to the December 2026 meeting.
- Z-26-55 (Cascade Ave SW, NPU-T, D10; see Cascade Avenue Residential Rezoning): Rezone from single-family plus overlays to RG-2 with Beltline/commercial corridor overlays; deferred 30 days to December 2026.
- U-26-14 (Austin Ave NE, near Elizabeth St, NPU-N, D2): Special use permit for outdoor dining near residential districts; deferred 60 days to the January 2027 meeting.
- U-26-15 (East Paces Ferry Rd, Buckhead area, NPU-B, D7): Special use permit for commercial recreation; deferred 30 days to December 2026.
- Z-26-53 (Paines Ave NW, English Ave, NPU-L, D3; see Paines Avenue Rezoning): Rezone from English Ave SPI-1 to SPI-2 with workforce housing overlay for a single-family home; staff recommended approval with conditions (single-family use only, 35-ft height cap); applicant accepted; approved.
- Z-26-56 (N Highland Ave, Virginia Highland, NPU-F, D2; see Virginia-Highland Commercial Rezoning): Rezone from residential-limited commercial-conditional to Virginia Highland Neighborhood Commercial; staff recommended approval with conditions; no opposition; approved.
- Z-26-59 (Glenn Drive parcels, East Atlanta edge, NPU-W, D5; see Glynn Drive Annexation): Annexation of 7 parcels from unincorporated DeKalb County into Atlanta with R4 zoning; staff recommended approval; a property owner spoke in support; approved.
- Z-26-60 (Atlanta Student Movement Blvd, Ashview Heights/Atlanta University area, NPU-T, D4): Waiver of sign limits to allow an animated/changeable (up to 48 sq ft) sign for a church; staff recommended conditional approval; church representatives spoke in favor; approved with staff condition.
- U-26-16 (Peachtree St, Midtown, NPU-E, D4): Special use permit for an outdoor sales area (food trailer) at a bar/restaurant; staff conditions limited outdoor operations to 1 a.m., no amplified music, outdoor dining ending midnight; a neighboring condominium opposed; applicant requested matching 2 a.m. hours but board upheld conditions; approved with conditions.
- Z-26-49 (Decatur St SE near Jackson St, NPU-M, D5): Rezone ~2.5 acres from I-1 to MRC-3 with Beltline overlay for mixed-use (347 units, 11,000 sq ft retail); staff recommended approval with curb-cut conditions; opposition cited notice/traffic-study defects and pedestrian safety; applicant rebutted; approved with staff conditions.
- Z-26-52 (Angier Ave NE adjacent to Historic Fourth Ward Park, NPU-M, D2): Rezone two parcels (MRC-3C conditional and I-1) to MRC-3 for a 140,000 sq ft, 18-story mixed-use building; staff recommended approval; opposition raised park shadow/fishbowl effects, wildlife concerns, loss of existing affordable units, and scale; applicant rebutted; approved with one abstention.
- Adjournment: Motion to adjourn made after final vote.
Agenda
- Adoption of agenda with four deferral cases moved to front — passed
- Z-26-26 (Fox St NW, English Ave) — deferred 30 days
- Z-26-55 (Cascade Ave SW) — deferred 30 days
- U-26-14 (Austin Ave NE outdoor dining) — deferred 60 days
- U-26-15 (East Paces Ferry Rd commercial recreation) — deferred 30 days
- Z-26-53 (Paines Ave NW) — approved with conditions (single-family, 35-ft cap)
- Z-26-56 (N Highland Ave) — approved with conditions
- Z-26-59 (Glenn Drive annexation) — approved
- Z-26-60 (Atlanta Student Movement Blvd sign waiver) — approved with condition
- U-26-16 (Peachtree St outdoor sales area) — approved with conditions
- Z-26-49 (Decatur St SE mixed-use) — approved with conditions
- Z-26-52 (Angier Ave NE tower) — approved with one abstention
- Adjourned
Sources
- Video (1:30:17): https://www.youtube.com/watch?v=ecU-UMC4TMQ
Video
Transcript
*These are auto-generated captions; names and numbers may be misheard.
Transcript
06:23Somewhere that was creepy. Yeah
06:25that. I. Right. I know, right?
06:34I got a reputation. So you, you
06:39were to get busted Yeah Here we
06:45go. I think it was just the
06:46dental center. No. Good evening
10:43everyone. This meeting will now
10:45come to order. At this time,
10:47may I ask that you please turn
10:48off or silence all cell phones,
10:52pagers, and other electronic
10:54devices. This is a regular
10:56meeting of the zoning review
10:57board of the city of Atlanta.
10:59My name is Walter Slayton,
11:02chair of the board and The
11:04board for tonight's meeting.
11:06This is a 9 meeting board
11:08appointed by the mayor and
11:10confirmed by the city council.
11:12The board hears applications
11:14for rezoning and special use
11:15permits. And at this time, I
11:17would like to introduce you to
11:19members of the board. To my
11:21immediate right is Ms. Kimberly
11:24Alexander, vice chair of the
11:24zoning Review Board. Other
11:26members of just want to review
11:28board present this evening are
11:29Ms. Carla Penniman. Mr. Jim
11:32Cheeks and Mr. Kenny Hill.
11:35Members of the staff tonight
11:37are Miss Keetta Holmes,
11:39secretary to the board, and Ms.
11:42Valerie Leinberger. The
11:43applications will be heard in
11:44the order listed on the printed
11:46agenda. I would like to
11:47acquaint you with the, with
11:48some of the rules and the
11:50procedures for the conduct of
11:51this meeting, which have been
11:53adopted by this board. The
11:55applicants will be allowed a
11:57total of 10 minutes to present
11:58their case. Since the burden of
12:00proof is upon the applicant to
12:02convince the board that the
12:04application should be approved.
12:05They may choose to reserve some
12:06of that time for rebuttal
12:09following an opponent's
12:09presentation. The opposition
12:13likewise will be permitted a
12:13total of 10 minutes to present
12:15their position. It would
12:18behoove you to organize
12:18yourselves so that those who
12:20wish to speak may do so in the
12:2210 minutes provided. The
12:25opposition is not permitted
12:26rebuttal time. Carly Penniman
12:29will be keeping track of the
12:29time and we'll inform the chair
12:32periodically of the time
12:33remaining for your presentation
12:34If you wish to address the
12:36board tonight, please sign in
12:38on the sign-in sheet located on
12:40the podium near the front of
12:41the chamber. Before making your
12:45remarks, please state your name
12:47and your address. This meeting
12:49is being recorded, therefore,
12:51it is very important that you
12:52speak directly into the
12:53microphone. The board will take
12:562 votes on each application.
12:58The first vote is on the
13:00finding of fact as presented by
13:01the staff. The second vote is
13:04for approval or denial of the
13:07application. It is the 2nd vote
13:07that determines the board's
13:09recommendation to city council.
13:11At the time of this hearing,
13:12each application has been
13:14regularly filed with the Office
13:16of Zoning and Development,
13:16which prepares the proposed
13:18ordinance for each application.
13:21The proposed ordinance has had
13:23its first reading by the city
13:25council and has been referred
13:26to this board for a public
13:27hearing. Next, the zoning
13:30committee of the city council
13:31votes on the proposed ordinance
13:32Then the full council votes to
13:34adopt or deny the proposed
13:38ordinance. Finally, the mayor
13:39has 8 days to approve or veto
13:42the ordinance. The offensive
13:45zoning and Development has
13:46reviewed each application in
13:48conjunction with various
13:50affected agencies and
13:50departments as well as with
13:52respect to the adopted
13:54comprehensive Development Plan
13:56as required by the city charter
13:59The staff recommendations,
14:01finding effect, and the
14:01conclusions are here before us
14:03in written form. Further, each
14:06application has been regularly
14:08posted, regularly advertised,
14:10and notice this male as
14:12required by the zoning
14:14ordinance. Comments from the
14:15Department of Public Works, the
14:17Atlanta school board, and the
14:19county health department have
14:21been requested. The board must
14:24consider each application
14:24legally valid and is required
14:26to make a recommendation on
14:28each application. The rules of
14:30the council permit no
14:32demonstrations of any kind
14:33within the council chambers.
14:35Please refrain from any
14:37applause or dialogue during or
14:39after presentations. All
14:40remarks should be addressed to
14:42the board. Please show the same
14:44respect to the person. Speaking
14:46that you would expect to
14:48receive yourself. The
14:50applications heard tonight will
14:51be considered by the zoning
14:53committee on November 23rd, and
14:55by the Atlanta City Council on
14:57December 7th. We're now
14:59entertain a motion to adopt
15:00tonight's agenda. Mr. Chair, I
15:04move that this board adopt
15:06tonight's agenda with the
15:07exception that we moved the
15:09following cases to the front of
15:10the agenda for consideration of
15:13deferral Case Z-26-26860 Fox
15:17Street Northwest, Z-26-55, 672
15:22Cascade Avenue Southwest, Case
15:27U-26-14-918 Austin Avenue
15:29Northeast, and case U-26. 15,
15:33340 East Paces Ferry Road South
15:36uh Northeast Suite 5A. 2nd. It
15:42has been moved. You have been
15:44moved improperly seconded that
15:45we accept tonight's agenda with
15:47the exception of the cases that
15:47have, that will be moved to the
15:49front of the agenda for
15:51consideration of possible
15:52deferral, continuance of filing
15:58Are there any questions or
15:59comments from any members of
16:00the board? No. Perry on. All in
16:03favor of adopting tonight's
16:05agenda. Please say it. I oppose
16:07the name. Motion passes. Let me
16:11remind you again that To please
16:14make sure that all of your
16:16phones and your other
16:17electronic devices have been
16:18turned off and or silence. Ms.
16:21Holmes, would you please read
16:22the cases for possible deferral
16:23continuance, or filing. Z 2626,
16:26an ordinance by zoning
16:27Committee to resolve from
16:28English Avenue Special Public
16:30Interest District Club Area 1
16:30to English Avenue Special
16:32Public Interest District subaa
16:332 for property located at 86866
16:36and 870 Fox Street Northwest
16:38fronting 139.69 ft on the south
16:41side of Fox Street Northwest,
16:41beginning at a point located at
16:43the intersection of the
16:44southerly right of way, a line
16:45of Fox Street and the Westley
16:46right of way line of Oliver
16:48Street. Sad point being the
16:50point of beginning, debt 1 30%.
16:510.75 ft, Area 0.39 acres,
16:54landlot 112, 14th District,
16:55Fulton County, Georgia. Owner,
16:56New Life Developments,
16:57applicant Reginald Mason, MPUL
16:59Council District 3. Z 2655 and
17:01ordinance by zoning committee
17:02to rezone from single-family
17:04residential beltline overlay in
17:05town South commercial corridor
17:08overlay to residential general
17:08Sector 2, Beltline overlay in
17:10town South commercial corridor
17:11overlay for property located at
17:13672 Cascade Avenue Southwest
17:15fronting 55 ft on the
17:17southeastern side of Cascade
17:17Avenue, beginning at the
17:18intersection of the north side
17:19of Oglethorpe Avenue in the
17:20southeastern side of Cascade
17:22Avenue depth 163.1 ft. Area
17:240.11 acres, landlo 139, 14th
17:26District, Fulton County,
17:28Georgia, owner and applicant
17:30Michael Pelazzoni, NPUT Council
17:31District 10, U 2614, and
17:33ordinance by zoning Committee
17:35for a special use permit for
17:35outdoor dining at eating and
17:37drinking establishments with
17:38any part of such use is located
17:39within 1000 ft of property that
17:41is zoned as an R1, R2, R2A, R2B
17:44R3, R3A, R4, R 4A, R4B, or R5
17:47district or that is used as a
17:49residential property pursuant
17:49to Section 1611. 0051L for
17:53property located at 918 Austin
17:55Avenue Northeast fronting
17:56135.89 ft on the north side of
17:57Austin Avenue, Northeast
17:59commencing at the intersection
18:00of the Northwest right of way
18:01of Austin Avenue in the east
18:02right of way of Elizabeth
18:03Street. De 135.89 ft. Are 0.338
18:06acres, landlap 1414, 50 Fulton
18:09County, Georgia. Douglas Landau
18:11and applicant Randy Pimsler,
18:13MPUN Council dis District 2.
18:16You 26, 15 and ordinance by
18:17zoning committee for a special
18:18use permit for commercial
18:20recreation pursuant to section
18:2216181007 for property located
18:24at 340 East Paces Ferry Road
18:26Northeast, Suite 5A, Frontier
18:2799.45 ft on the north side of
18:29East Paces Ferry Road northeast
18:31beginning at a point at the
18:31intersection of the eastern
18:33right of way of Grandview
18:34Avenue and the northern right
18:34of way of East Paces Ferry Road
18:36Sa point being the true point
18:36of beginning, depth 327 ft,
18:40Area 1.595 acres. Landlot 61,
18:4217 Fisher, Folsom County,
18:43Georgia, owner of 340 East
18:44Faces Holdings LLC applicant.
18:46Casey Polo, NPUB Council
18:47District 7. Is there anyone
18:53here present in opposition to
18:56and of cases being considered
18:58for deferral. Here in no I'll
19:07entertain emotion. Mr. Chair, I
19:07move that this board defer
19:10action on item Z-26-26 for 30
19:18days at our nego at our until
19:20our next regularly scheduled
19:21meeting in December 2026.
19:24Second, The motion has been
19:27made and properly seconded. All
19:28those in favor say aye, opposed
19:29say nay. A. Mrs. Mr. Chair, I
19:34move that this board defer
19:36taking action on item Z26-55
19:40for 30 days until our next
19:45regularly scheduled meeting in
19:47December 2026. Second, A motion
19:50has been made and properly
19:51seconded. All those in favor
19:52say aye, opposed, say nay. A
19:55motion passes. Mr. Chair, I
19:58move that this board defer
20:00taking action on item U-26-14.
20:06For 60 days until our next
20:08regularly scheduled meeting in
20:12January 2027. 2nd. A motion has
20:14been made and properly seconded
20:16All those in favor say aye,
20:17oppose. Say nay. A. Motion
20:21passes. Mr. Chair, I move that
20:23this board defer taking action
20:25on item item for 30 days until
20:30our next regularly scheduled
20:32meeting in December 2026.
20:35Second, A motion has been made
20:37and properly seconded. All
20:39those in favor say aye, oppose,
20:41say nay. Motion passes. As long
20:45as we have the next application
20:46please. Z2653 in ordinance by
20:49zoning Committee to rezone from
20:50English Avenue Special Public
20:52Interest District Su Area1
20:53Westside Affordable Workforce
20:54housing overlay to English
20:55Avenue Special Public Interest
20:57District Suaa2, West Side
20:59Affordable Workforce housing
20:59overlay for property located at
21:01361 Paines Avenue Northwest,
21:03fronting 50.25 ft on the east
21:04side of Paynes Avenue,
21:06commencing at a nail set at the
21:08intersection formed between the
21:08southern rights of way of
21:10Proctor Street and the eastern
21:10rights of way of Payne's Avenue
21:13depth 81 ft, area 0.093 acres.
21:151 1114 Fisher, Fulton County,
21:17Georgia, owner and applicant
21:18Richard Gooden, NPUL Council
21:20District 3. Is the applicant,
21:28OK. People come forward to the
21:29podium, state your name,
21:30address, and present your case.
21:35The property is 361. Haynes,
21:37can you hear me? Can you hear
21:39me? It's 361 Paines Avenue, um,
21:44and the purpose is we are
21:46rezoning because the property,
21:48uh, that when we originally
21:49purchased the property, uh,
21:51based on our architectural
21:52rendering. We were building out
21:53our attic so then the square
21:55footage in the house did not
21:56match the square footage of the
21:58lot, so we purchased another
22:00lot behind us so that we could
22:02fit into that, but that
22:03required a replat, which then
22:04led to a rezoning, which is
22:05what brings me here now. I am.
22:09I've worked at Morehouse School
22:10of Medicine for for over 2
22:11decades, well acquainted with
22:14the community and we're just
22:16building a single family home.
22:16It's my wife and my son. My son
22:18is 3 years old. Anything else?
22:29Um. Nope, no, no pressure. Yeah
22:34I mean, I'm just trying to
22:35maximize the time, um. This is
22:38just a, again, it's a single
22:38family home. We're not looking
22:40for any, we're just, we're
22:41really, again, I think
22:42initially, as I said, because
22:44we're building out the attic,
22:45the square footage did not
22:45match the lot size, so we added
22:47to the lot size, which led to a
22:49replay, which then led to this
22:51rezoning. So that's really the
22:54purpose of this process. I will
22:56acknowledge this process
22:56started 18 months ago for us,
22:58so we are very much, uh, we've
23:01been down this road, glad to
23:03get to this point, but
23:05obviously we didn't expect this
23:07process to be as long as it was
23:09Mm Thank you. Thank you. You
23:14can have a seat now. Is there
23:16anyone else that would like to
23:17speak in support of this
23:18application. Seeing none as 8
23:24anyone that would like to speak
23:26in opposition to this
23:27application. If so, please step
23:28to the podium and state your
23:30name and address. All right, um
23:44So we have none, I guess we'll
23:46go to executive session.
23:48Questions? Just one quick
23:52question for the applicant. Yes
24:01the staff gave you two
24:03recommendations, um, are you OK
24:04with those two? If I'm correct,
24:06one was that it would only be a
24:08single family home. And I'm I'm
24:11drawing a blank on what the
24:12second one is. The second one
24:13was the maximum building height
24:15shall not exceed 35 ft. Yes,
24:17yes, we're fine. We're fine
24:17with that. So that's, that's
24:19not a problem. And again, we've
24:20gotten support from the NPU and
24:22from everyone else that we've
24:22presented this to, so it's just
24:24a single family home we plan to
24:26live within that home. OK. I've
24:29got no it. All right, thank you
24:33Thank you. If you have no
24:35further questions, I'll
24:36entertain a motion. Great. uh,
24:38Mr. Chair, with respect to case
24:42number Z-26-53. I moved at this
24:44board accept staff's finding of
24:46fact. Second, Mr. Chair,
24:51further with respect to case
24:54Z-26-53. I move that this board
24:56send forth a recommendation of
24:58approval with the conditions
25:00found on page 3 of the report
25:04dated November 5, 2026. Second,
25:09The motion has been made
25:11improperly second, all those in
25:12favor, please say aye. All
25:14those opposed, say nay. Motion
25:17passes. In this case, please. Z
25:222656 and ordinance by zoning
25:24Committee to rezone from
25:25residential limited commercial
25:26conditional to Virginia
25:27Highland Neighborhood
25:29commercial District for
25:29property located at 992 North
25:31Highland Avenue Northeast
25:33fronting 60 ft on the west side
25:34of North Highland Avenue,
25:35beginning on the west side of
25:36Highland Avenue at a. 505 ft
25:39northerly along said Highland
25:40Avenue from Adair Avenue. Depth
25:42124 ft. Area 0.115 acres.
25:45Landlot 1, 17 Fisher, Folsom
25:47County, Georgia. Owner Diana
25:49Drake, applicant Randy Pimzler,
25:50MPUF Council District 2.
25:54Remember this state your name
25:54and your address, please. Thank
25:56you. My name is Randy Penzler,
26:00uh, 455 Glen Iris Drive. Um,
26:03good evening. We um have made
26:05this application to rezone the
26:07property. Uh, we've reviewed
26:10the staff report in the
26:12conditions that are noted, uh,
26:14which were conditions that we
26:16submitted with our amended
26:19application and um uh we're.
26:21Glad to abide by those
26:23conditions and glad to answer
26:25any questions that you all
26:26might have this evening. Thank
26:28you. Is there anyone else that
26:34would like to speak in support
26:37of this application. Do you
26:44know, is there anyone that
26:45would like to speak in
26:47opposition to this application.
26:48If so, please step to the
26:50podium. And state your name and
26:52address. I'll see you then,
26:57we'll, we'll go into executive
26:59session. Of questions. Oh,
27:04entertain emotion. Mr. Chair,
27:06with respect to case number
27:10Z-26-56, I move that this board
27:13accept staff's findings of fact
27:15Second, Mm We have to move. the
27:26The motion has been made and
27:27property second. All in favor
27:28say aye. All polls say make.
27:32Motion passes. Further, Mr.
27:33Chair, with respect to case
27:37number Z-26-56. I move that
27:39this board send forth a
27:40recommendation of approval
27:42subject to staff's
27:44recommendations on page 5, for
27:48the report dated November 5th,
27:512026. 2nd. The motion has been
27:53made and properly seconded. All
27:55those in favor say aye, opposed
27:57say nay. Aye. Motion passes.
28:00Next case, please. Z 2659 and
28:02ordinance by council member
28:05Liliana Batiari has own various
28:06parcels, having frontage on
28:07Glenn Drive southeast to the R4
28:09single family residential
28:11zoning district upon annexation
28:11and so the corporate limits of
28:12the city of Atlanta from
28:14unincorporated DeKalb County
28:15and for other purposes, NPUW
28:18Council District 5. Mr. Chair,
28:18I'll be speaking to this paper,
28:20the properties is to be annexed
28:22are west of the city of Atlanta
28:23limits with frontage on Glenn
28:25Drive and unincorporated DeKalb
28:27County. The parcels are near
28:27the city of Atlanta's East.
28:29Atlanta neighborhood and NPUW
28:31Council District 5. There are 7
28:33properties that comprise this
28:36this annexation and the eastern
28:36part of the annexation is
28:38situated next to property
28:40annexed from unincorporated
28:41DeKalb County in 2026 per
28:45application Z2584 legislative
28:47ID 2501629. The parcels
28:49currently have a traditional
28:50neighborhood land use
28:51designation in DeKalb County
28:542050 Comprehensive land use
28:54plan and there are
28:56recommendations for compatible
28:56land use designations in
28:58accordance with the recommended
28:59zoning. Designation, which will
29:01be presented at the 4th quarter
29:02of Community Development and
29:03Human Services public hearing.
29:05The posts are currently used
29:07for single-family residential
29:08and staff is unaware of any
29:09other uses on the property. The
29:10property is served by a public
29:14transit via MARTA route, bus
29:14route number 7, McDonald
29:17McDonough Boulevard, McDonough
29:19Boulevard along Eastland Road
29:20and Custer Avenue. Um, the
29:21intent of the, the intent of
29:23the R4 district is similar to
29:25the intent of the R75 district
29:27to provide for the protection
29:28of existing. single family
29:30communities and the development
29:32of new communities on lots of
29:32medium size at a dense at at a
29:34certain density. STATS
29:36recommendation is approval. Go
29:41ahead. Hi, my name is Laura
29:43Fisher, and I'm a property
29:45owner at 2362 Glenn Drive. I,
29:48um, filled out the annexation
29:50paperwork and I'm here to
29:52support the, the annexation, um
29:54our street is much more
29:55naturally connected to the city
29:57of Atlanta, um, rather than
29:59unincorporated DeKalb County,
30:01and I think it makes more sense
30:02for our municipal boundaries to
30:04reflect the community that
30:04we're a part of, um, rather
30:08than unincorporated DeKalb
30:09County. Thank you. If you have
30:15anything else. If not, you can
30:17have a seat. Thank you. Is
30:19there anyone else that would
30:20like to speak in support of
30:22this application. C9, is there
30:26anyone that would like to speak
30:28in opposition to this
30:29application. I seeing and
30:34hearing none. We were going
30:35into executive session.
30:38Questions? No. I take the
30:44motion, Mr. Chair, with respect
30:46to case number Z-25-59. I move
30:51that this board accept staff's
30:53findings of fact. Second, The
30:56motion has been made and
30:57seconded. All those in favor
30:58say aye, oppose your nay.
31:00Further, Mr. Chair, with
31:02respect to case number Z-25-59.
31:06I move that the board send
31:08forth a recommendation of
31:09approval. Second, The motion
31:13has been made and properly
31:15seconded. All those in favor,
31:17please say aye, those opposed
31:18say nay. I Motion passes. Next
31:23case, please. Mhm. I Oh. Z 2660
31:34and ordinance by council member
31:36Jason Dozier as amended by
31:36zoning committee to waive
31:37certain provisions in section
31:401618D0151A in section
31:431628A0106F of the city of
31:45Atlanta Code of Ordinances to
31:45permit an animated flashing and
31:47changing sign, not to exceed 60
31:49square feet to be erected at
31:51580 Atlanta Student Movement
31:52Boulevard, Southwest, and for
31:54other purposes, NPUT Council
31:56District 4. Mr. Chair, I'll be
31:57speaking to this paper as well.
31:59The city of Atlanta finds that
32:01the number, size, design
32:01characteristics, and locations
32:02of Signs in the city directly
32:05affect the public health,
32:05safety and welfare. Signs
32:07defined by the sign ordinance
32:08are allowed in the city to
32:09provide fair and reasonable
32:10opportunities for advertisement
32:12of products, goods or services,
32:14and to promote the economic
32:15vitality of businesses which
32:16are located within the city.
32:18The C2 regulations provide that
32:19there be no freestanding signs
32:21permitted, on new developments,
32:23that there will only be one
32:24freestanding sign per per
32:25property shall be permitted for
32:28pre-existing principal
32:28structure, set back at a
32:30minimum of 40 ft from the
32:30property line with street
32:32frontage, and that said Free
32:32standing signs not be in the
32:34sidewalk, street furniture zone
32:35or clear zone and not exceed 48
32:37ft in sign area and a height of
32:3915 ft. No shopping center signs
32:41shall be permitted and building
32:43signature signs subject to the
32:44restrictions set forth in
32:46Section 1628A 007P and there'll
32:48also be no animated flashing or
32:50changing signs shall be
32:52permitted. Property located at
32:53580 Atlanta Student Movement
32:55Boulevard is in the SPI 4 sub
32:5711 district regulations and are
32:59subject to the C2 sign
33:01regulations. This legislation.
33:03to to waive certain provisions
33:04related to the signed ordinance
33:06and there are no uses or other
33:08development requirements that
33:09in the SPI for Sudbury 11
33:12zoning District that will be
33:13changed by this request. The
33:15structure, the use and the
33:15structure are existing and will
33:17remain and therefore status of
33:18the opinion that there will be
33:20no negative effect on the
33:21balance of land use. The SATS
33:22recommendation is approval
33:24conditional. Good evening. I am
33:28Reverend Elijah Shafa. I'm the
33:29pastor of Temple Aiami Church.
33:32Address is 580 Atlanta Student
33:35Movement Boulevard. Our church
33:37is located in the Asheville
33:38Heights, uh, and it's a part of
33:40the Atlanta University's
33:42community, MPUT. I come to you
33:46all tonight, uh, in support of
33:51Ordinance 26-01549, and I thank
33:53counsel, um, member Jason
33:55Dozier for sponsoring it for
33:57106 years, Flipper Tepa has
33:58been, um, more than just a
34:00house of worship. It's been a
34:02neighbor. Our doors are open on
34:04a weekly basis for food
34:07distribution, for youth
34:07programs, for health screenings
34:11and community engagement. And
34:11the people we serve who walk
34:14and drive past. Our building
34:16each and every day. The current
34:18sign we have was installed in
34:201969 and is Emanuel signed. The
34:23audience would allow one
34:25double-sided, changeable sign.
34:27No more than 48 square feet,
34:29even though the provision
34:30allows for up to 60 ft. Uh, its
34:33purpose is simple. It's to tell
34:34our neighbors what is happening
34:36and how to get help. What's
34:38included, of course, is to tell
34:40our neighbors about our service
34:42time, but it also will be there
34:43to tell our neighbors what is
34:45happening and how to get help.
34:50This ordinance itself
34:52recognizes that value, finding
34:54that such a sign can convey
34:56information to the public in
34:57the case of an emergency. We
34:59respect the character of this
35:01historic district, and we're
35:03pleased to stand before you to
35:06submit this request. If you
35:12have anything else, if not, you
35:14can have a seat as well, or if
35:16you have someone else that
35:16wants to speak in support of
35:17the application. Is there
35:21anyone else that would like to
35:21speak in support of this
35:23application? I think I should
35:27say something. Quickly, my name
35:30is Deborah Lewis, and I am a
35:33member of Flipper Temple AME
35:36Church, 580 Atlanta Student
35:39Movement Boulevard, and I would
35:40just like to say that
35:42everything that our pastor has
35:43already presented to you, I
35:45don't have to do anything but
35:46say ditto, but we do want to be
35:50a strong presence in our
35:51neighborhood. It is becoming
35:55increasingly important that our
35:57neighborhood sees that we. have
35:59a place of safety for them, not
36:02only for our regular worship
36:04service, but also food
36:06distribution and any other
36:08programs, and we offer the
36:12ability for our uh. Students in
36:15the Atlanta area to come and
36:17use our facility to have more
36:21uh social presence and it is.
36:24Just very important that that
36:26sign helps visualize what is
36:30already there. Thank you. Thank
36:31you. Is there anyone else that
36:35would like to speak in support
36:37of this application. Seeing,
36:39hearing no, is there anyone
36:40that would like to speak in
36:42opposition of this application.
36:46I've seen none. We will move
36:48executive. They know. one
36:51condition. Are you all aware of
36:53the condition in you in
36:55agreement with the condition as
36:57well? We are. I'm ready to
37:02entertain a motion. Mr. Chair,
37:04with respect to case number
37:07Z-26-60. I move that this board
37:09accept staff's findings of fact
37:11Second, The motion has been
37:13made and properly second, all
37:15those in favor say aye. Hi, Mr.
37:20Chair, with respect to case
37:24number Z-26-60. I move that
37:26this board send forth a
37:27recommendation of approval,
37:29along with the recommendation
37:31found on page 2 of the staff
37:33report dated November 5, 2026.
37:36Second, The motion has been
37:38made and properly seconded. All
37:40those in favor, please say aye
37:42or opposed say nay. A motion
37:44passes. In this case, please.
37:472616, an ordinance by zoning
37:49committee for a special use
37:49permit for an outdoor sales
37:51area pursuant to section
37:52161,800. 5 for property located
37:55at 893 Peachtree Street
37:56Northeast, fronting 50 ft on
37:58the east side of Peachtree
38:00Street Northeast beginning at a
38:00point on the easterly right of
38:02way line of Peachtree Street,
38:03said Point being located 149,
38:05I'm sorry, 148.97 ft,
38:09southerlies southerly along
38:10said right of way line from its
38:11intersection with the southerly
38:12right of way line of 8th Street
38:14say a point being the point of
38:15beginning, depth 199.94 ft.
38:18Area 0.229 acres. Landlot 49,
38:2014th District, Fulton County,
38:21Georgia. Owner Phillip Cochrane
38:23RKJ. JC Inc doing business as
38:25Bulldogs, applicant David L.
38:27Allen, MPUE Council District 4.
38:30Hello, my name is David Allen.
38:33I am the project manager as
38:36personal assistant for the
38:37owner of Bulldog as well as the
38:39food truck. What we're asking
38:41is simply for a little relief
38:43of our inside kitchen, uh, the
38:45volume that we get um during
38:47certain peak hours, we cannot
38:48be able to service our
38:50customers at 100%, so we
38:52brought in an additional food
38:54trailer just to be able to
38:56bridge, uh, that deficiency and
38:57be able to service our clients
38:59at uh at a better percentage.
39:00rate. OK. You have anything,
39:07anything else that you wanna
39:10think that it's important
39:12because we, we, we see a lot of
39:12the things that happens in the
39:14community with people selling
39:15food in other places, uh,
39:17during weird period of time. So
39:18we also see it as a safety
39:19concern with the community and
39:21us being able to keep
39:23everything enclosed within one
39:24location as well as being able
39:25to make sure that we can manage
39:28garbage disposal and things
39:28like that. We think that it'll
39:30be beneficial as well. Thank
39:32you. If you don't have anything
39:35further, you can have a seat.
39:35Thank you. Is there anyone else
39:37that would like to speak in
39:39support of this application. I
39:44don't see none. Is there anyone
39:44that would like to speak in
39:46opposition, please step to the
39:48podium provide your name and
39:50address, please. Thank you.
39:52Good evening. My name is Joan
39:54Parsons, 867 Peachtree Street
39:57Northeast. I'm the president of
39:59the 7th Midtown Condominium as
40:01Association were located a few
40:03doors down from this bar. Our
40:06concern about this is the noise
40:08It's a very busy, uh, popular
40:13spot and to introduce a loud
40:15outdoor use, outdoor dining,
40:17customers are already allowed
40:18to take drinks out there. The
40:20doors will be open. There's,
40:22there's live music there. The
40:24bar goes till 3 a.m. Um, we
40:26don't, there's a very densely
40:29populated area. There are 2
40:30large high rises, one next to
40:32it and, excuse me, went right
40:35and then ours just down the
40:36block, um, and we would like to
40:38have. No outdoor noise, uh, but
40:42ideally this needs to stop
40:44early in the evening and since
40:46they already have indoor
40:48service, it seems that, you
40:49know, they, they, they've had
40:51the ability to do this with the
40:53kitchen inside. We, we would
40:53like to not see it expanded to
40:55the outside. Thank you. Is
41:02there anyone else that would
41:02like to speak in opposition to
41:04this application. Hearing and
41:09seeing them, we'll go into
41:11executive session. Question
41:13consultants. the recommendation
41:20And education. I. Right, so in
41:27the conditions there are
41:29constraints on the time of an
41:31outside, um, operations, and
41:34that ends at 1 a.m. and there
41:37is also um no ability for
41:40amplified music to be played,
41:42um, and then also any outside
41:44dining. Um, ends at midnight or
41:4712:00 a.m. That is part of the
41:49conditions in the applicant
41:51will ask him when we, um, we
41:54finished our executive session
41:56has agreed to those conditions.
42:02Do you mind coming to the
42:03podium? Were you able to review
42:09the conditions? Yes sir, I was.
42:11Are you in agreement with those
42:12conditions? We are in agreement
42:14We would like to ask if
42:16possible, um, our inside
42:18kitchen closes at 2. we would
42:19like for both of them to
42:21coincide to keep down confusion
42:23with the customers, um, if
42:25possible, however, if not
42:27possible, we, we will, um, we
42:29will stick to what's been
42:30recommended. But our preference
42:32is to have them mirror each
42:34other. Thank you, Sir, could
42:35you say that again? I, I didn't
42:36understand. My preference is to
42:38have the trailer be as
42:39operational as the inside
42:41kitchen is, that's our main
42:43serving source, um, so to
42:46that's open until 2 o'clock, so
42:49closing at one would kind of
42:50put a little strain and put us
42:52right back in the same position
42:54So it will be a lot better if
42:55both of those could work in
42:57conjunction with each other to
42:59do the alleviation until 2, of
43:01course, um, all of the other
43:02constraints that are there, we
43:03will definitely agree. To those
43:05it's not an issue, it's just
43:06being able to prepare the food,
43:08bring it inside and be able to
43:10serve it inside. At that, at
43:12that hour. Thank you. Thank you
43:17All right. It's home, so it's.
43:19reason, it was 10 a.m. as
43:21opposed to 2:00 a.m. It's
43:23associated, it's associated
43:24with the condition to, with
43:26regard to noise. And I'm
43:30thinking with the concerns with
43:33the community that Miami is a
43:37good compromise. Yeah. So this
43:40is already a compromise you're
43:42saying? Yeah. They have already
43:44raised one a.m. a.m. No
43:55amplified music at all. I Any
44:03questions, concerns? OK. All
44:06right, I'll entertain a motion,
44:08Mr. Chair, with respect to case
44:13number U-26-16. I move that
44:15this board accept staff's
44:17findings of fact. Second, The
44:20motion has been made and
44:20seconded. All those in favor
44:22say aye. Those opposed say nay
44:26motion passes. Uh, further, Mr.
44:28Chair, with respect to case
44:31number U-26-16. I move that the
44:334th sent forth a recommendation
44:35of approval with the conditions
44:38outlined on page 4 of the staff
44:40report dated November 5th, 2026
44:44Second. Motion has been second
44:47in it and and made all those in
44:51favor, please say aye. Those
44:51opposed to say nay. Bye. Motion
44:55passes. Next case, please. You
44:58took Z 2649 in ordinance by
45:02zoning committee to rezone from
45:03light industrial beltline
45:04overlay to mixed residential
45:05commercial bedline overlay for
45:07property located at 460 and 478
45:09Decatur Street Southeast
45:11fronting 473 ft on the north
45:12side of Decatur Street,
45:12beginning at a PK nail set at
45:15the intersection of the
45:16northeasterly right of way line
45:16of Jackson Street and the
45:18southerly right of way line of
45:18Todd Street. Depth varies area
45:222.537 acres, landlot 45, 14
45:23Fisher, Fulton County, Georgia.
45:25Owner MJBC Atlanta LLC
45:27applicant High Street Atlanta
45:28Development Inc. MPUM Council
45:31District 5. I've got a whole
45:38production crew, so. OK. Right.
45:59While we're shuffling the deck
46:01chairs over here, I'll start.
46:01Um, good evening, members of
46:03the board. My name is Jessica
46:04Hill. My business address is
46:07600 Peachtree Street, and I
46:08represent the applicant, a High
46:10Street Atlanta Development Inc.
46:10which is a Trammel Crow company
46:12Um, as you can see, I have
46:14several members from the
46:16Trammel Crow team with us
46:17tonight as well as our project
46:17architect. So we will be
46:19willing to answer any questions
46:21you may have. Um, this is a
46:23rezoning of about 2.5 acres.
46:24You can see a color site plan
46:26to your left. Um, it is, uh,
46:30Has frontage on Decatur Street,
46:32Jackson Street to the left, and
46:32then Todd Street to the north.
46:35Um, it's currently zoned I1. Uh
46:37it's improved with an
46:39automotive warehouse. It was an
46:40auto auto parts and battery
46:41supply business and has been
46:42since the 1990s. Um,
46:46immediately adjacent, and you
46:46can see this a little bit from
46:48the uh aerial you have here,
46:50but immediately to the right is
46:52an extra space storage facility
46:53that was relatively recently
46:55developed, uh, immediately to
46:57the north, there are multiple
46:58types. Of residential. There's
47:01R5, there's MR4A, so there's
47:02town homes, duplexes, um, some
47:06multi-family, uh, diagonal from
47:07the site is another five-story,
47:11um, mixed-use multi-family
47:11building, um, across the street
47:13and down the block is the King
47:15Memorial MARTA Station. Um, and
47:18then immediately across the
47:19street on Jackson Street is the
47:21Mercy Care Clinic, which
47:22includes office use,
47:24multi-family, um, and senior
47:25housing. So, um, you can tell
47:26we have quite a bit of a
47:28different types of uses. along
47:29this corridor. Um, the proposal
47:32would be to rezone to MRC 3.
47:35that would enable the
47:36redevelopment of the property
47:38with a mixed-use development
47:40that is 7 stories on Decatur
47:42Street, but 5 stories on
47:44Jackson Street. Um, there's
47:44about a 16-foot grade
47:47difference from Decatur Street
47:49to Jackson Street. So we're
47:49taking advantage of that. Uh,
47:51parking for the development, uh
47:53would be provided in a
47:55two-level parking structure.
47:57The parking structure is
47:59entirely wrapped on the street
48:00frontages by the. Building. So,
48:03uh, you will not see the
48:04parking structure from Decatur
48:05Street, Jackson Street, or Todd
48:07Street. Um, the development
48:11scope itself has 347
48:13multi-family units, um, which
48:14is a little bit less than
48:15what's in the application. We
48:16came down a little bit as the
48:18process came, uh, was moving
48:20forward. Um, and then we have
48:21about 11,000 square feet on the
48:23sidewalk level, which includes
48:25both amenity space as well as
48:27potential commercial space. Um,
48:29we. have had several meetings
48:32with the community. We had 7
48:34before we've come before you
48:36tonight, which included two
48:38immediate neighbors' meetings,
48:382 meetings with Old Fourth Ward
48:40uh, 2 meetings with the MPU
48:42Land Use Committee and then one
48:44with MPUM. Um, you do have a
48:47recommendation, a letter
48:48recommendation, as well as an
48:51MPU recommendation from the
48:52neighborhood for support with
48:54two conditions related to curb
48:54cuts. Um, we also have a staff
48:58recommendation with some
48:59conditions related to curb cuts
48:59We've had a lot of
49:01conversations about curb cuts
49:03on here. Um, and I'm sure we
49:05will continue to have
49:05conversations about curb cuts.
49:07Um, the staff recommendation,
49:10the applicant is supportive of
49:12those conditions. They reflect
49:14conversations we have had with
49:16ATLDOT about what they will and
49:17will not allow from a curb cut
49:19perspective. Um, and I'm going
49:21to reserve any remaining time
49:23for rebuttal because I know we
49:24have some, some opposition. So
49:25I'll, I'll talk to you guys a
49:26little bit more in a few
49:27minutes. Thanks. Thank you. Mhm
49:30Is there anyone else that would
49:32like to speak in support of
49:34this application. Hearing ain't
49:37see none, we will transition if
49:40there's anyone that would like
49:41to speak in opposition of this
49:43application, please step to the
49:45podium and provide your name
49:46and address. Thank you. Uh, Mr.
49:51Chair, members of the board,
49:52good evening. My my name is
49:54John Paul McCulloch, and I live
49:56at 70 Lucy Street, Southeast.
49:59If I may for the record submit
50:01a 13 page exhibit document, uh,
50:04I didn't have it ready. OK,
50:06that's fine. Um, Uh, we're just
50:12uh, we think that this
50:13application is uh rushed. Uh,
50:15and we've had, um. Just on its
50:20face. So I It starts with the,
50:26the public mailing notice. Uh,
50:28I've talked to several
50:30neighbors that are that live
50:31within 300 ft of this property,
50:34uh, 5 of them. I, I haven't met
50:35a single person that has
50:37received the mailer. And they
50:39all live within 300 ft, um, and
50:42so we, we've made that. That
50:46defect known we think it's
50:46possibly an error because the
50:48site is so big that when they
50:49calculate the 300 ft, it might
50:51do it from the front door or
50:53for or somewhere else, but uh
50:57I've, I went out and bought a
50:58300 ft tape measure. Uh, and,
51:00and it, it also lines up with
51:02the GIS map that my uh Southern
51:06property PIN is 297 ft. I have
51:09submitted that documentation.
51:11Uh, and also that lines up with
51:13the satellite measurements uh
51:14from the county GIS. Uh, also,
51:22for the record, if you guys
51:22want to continue, uh, before I
51:25get to the actual merits, just
51:26to the notice defects of uh by
51:29the city or and the applicant.
51:31The, the signs, uh, that are,
51:34that have been posted are, are
51:36technically too small. It's a
51:40strict 6 minimum of 6 square
51:40feet. And apparently
51:44shrinkflation has hit the. Um,
51:47the plastic cardboard market as
51:49well, and so the, the three
51:51signs posted on this property
51:54has 3, street frontages. And so
52:00uh, the each sign on the
52:03Decatur Street, and I have the
52:05measurements and uh you can
52:05measure it yourself. Um The on
52:10Todd Street, Jackson Street,
52:12and, uh, Decatur Street, um,
52:15the signs are all, uh, 5/8 of
52:18an inch too narrow, and then
52:195/8 of an inch too small, that
52:23translates it seems like
52:23nothing was actually uh just
52:26over 36 square inches, uh, shy
52:30of the mandatory minimum as the
52:32the code, so there's a public
52:35notice defect with this
52:36application. But if you're
52:41going to move forward on the
52:43merits, just, uh, again, the,
52:45the site plan has changed a lot
52:48Uh, we just received the, the
52:50updated site plan, uh. 2 days
52:54ago and They had promised uh.
52:59To have the Lucy Street curbcut
53:03I just exit only our right now
53:04the traffic is terrible and I
53:05think everybody in Atlanta
53:08knows the traffic is terrible
53:10and I think It's a lot of
53:12people, they, they just gloss
53:14over, oh, everything stays the
53:15same, but the actual weight, if
53:17you look at their uh traffic
53:20study, it's, it's flawed, yet
53:22the, the intersection already
53:24has like a 5 minute wait time,
53:26and they're talking about now
53:26with the new curb cut being the
53:30only way. In and out of this
53:32complex. We're going to have an
53:37estimated 1200 cars coming in
53:39and out of Todd Street daily as
53:41opposed to what the initial
53:44traffic plan said, it says it's
53:46only going to be a couple 100
53:48cars on, on Todd Street. So we
53:49just want the application right
53:51We're, we're, we're, we're, we
53:53just don't think that the, the,
53:55the findings, the facts can be
53:58found accurate because all the
54:00changes in uh. The application.
54:04Uh, and even like the, the
54:06city's own traffic engineer
54:09asked for Um, different
54:13sightlines, that's our our
54:13concerns pedestrian safety. Um,
54:15there's a lot of people that
54:17are like in wheelchairs, and a
54:19lot of senior citizens and
54:22people on bicycles, so. Uh, we,
54:24we feel that they're, they're
54:26just um. Just glossing over the
54:33pedestrian safety element as
54:33well, uh, with all their
54:35submissions that they don't,
54:37they submitted the, the new
54:38site plan and it does not
54:39reflect any sort of, uh, truck
54:42turning radiuses into or out of
54:44uh. They're they're required to
54:46have two loading docks, but
54:48they have just a narrow
54:51twelve-foot alley in the
54:51revised plans. Uh, and it
54:53doesn't show how you can get to
54:56loading trucks back there, you
54:58know, squeezing in. It's just
55:00too tight. Uh, it's just, uh,
55:03overbuilt. It's going to be
55:05roughly about 8 million cubic
55:07feet of, uh, in total size,
55:09once it's finished, and we just
55:11think it's out of scale, it's
55:12going to be. Um, 79 ft on
55:16Decatur Street and 65 ft. On,
55:20uh On Todd Street. And so we,
55:25yeah, we just ask that this uh
55:29be deferred until the update,
55:30the traffic, traffic study. Uh,
55:33the traf furthermore, the
55:34traffic study also uh. Uh, when
55:38they look at uh the posted
55:40speed limits. They have Todd
55:43Street as a 35 MPH, which it is
55:47not a factual defect, and
55:49they're, they're certified
55:51traffic study. Uh, and they
55:54also similarly have Fitzgerald
55:55Street, uh, listed as 30 MPH,
55:57which it does not. Uh, and Lucy
56:01Street, these are all three of
56:02those streets are 25 MPH. Uh,
56:07and I guess the most concerning
56:08defect in that part of the
56:10traffic analysis is Boulevard
56:12because Boulevard's a little
56:14confused if you're familiar
56:14with the area, you have Tanes,
56:17the major artery was. Anywhere
56:21from 15,000 to 17,000 cars a
56:23day. Uh, but there's, that's
56:27mostly going under the train
56:28tracks. Um, and they don't show
56:32that in their traffic study.
56:33They show these. The, the
56:35turning. Accounts, it doesn't,
56:39it literally does not account
56:41for a boulevard and that
56:43section of boulevard that's
56:44closest to the storage
56:46facilities actually uh 25 mph
56:48speed limit, not 35, so we're
56:50just trying to get these uh
56:52facts and figures correct
56:53before we move forward, uh,
56:55it's just the material defect,
56:57uh, throughout their entire
56:59application. And then uh. Uh, 3
57:04minutes. Yeah, and so I'm No,
57:07I'm done. Thank you. Thank you.
57:14Hello, my name is George Elba,
57:17and um honor of Eddie8 Jackson
57:18Street, which is right next to
57:20uh JP's property. Um, so I
57:23won't repeat a lot of what JP
57:24said, but uh since we're
57:26running short of time, there
57:28are a few other items that I
57:31think is wrong with this
57:33application. I'm talking about
57:35the um. The alley or the
57:39private driveway that they have
57:41I think from the uh traffic
57:44engineer, they asked for in
57:46their plan for that to be 15 to
57:5018 ft and the new plan that I
57:51think we got. Yesterday is
57:55still showing that it's 12. And
57:58in addition to that, I mean,
58:00overall, the, the design is, in
58:02my opinion, not incomplete or
58:03flawed. Um, in addition to that
58:08I think the code calls for
58:11touch Street is one cup cut,
58:13and right now the design that
58:15we got is also still showing it
58:18as two cup cuts. And in
58:20addition, I think Decatur
58:22Street, you're required to have
58:24a variants to be able to put a
58:26cup cut on there and if that
58:29variance is rejected, that
58:31means all of the traffic would
58:34be on um on a Todge Street side
58:36and if you look at the houses
58:38on the 3rd Street we're now
58:40surrounded by um essentially 3,
58:43this would be the 3rd apartment
58:46um, and the traffic in that
58:47neighborhood is going to be um.
58:50Pretty much unbearable and
58:52potentially 1 minute and 30
58:54seconds. OK, um, so. The last,
58:58um, I think defects that I want
59:00to call is um. The MRT, maybe
59:07it's not a defect, but MR3 code
59:10in our opinion is not or MR3 um
59:14zoning is not necessary for
59:18this development because um.
59:21With MRT and once you zone or
59:23re-zone, the sites. Would allow
59:28potentially to build with
59:31additional bonuses, essentially
59:32up to its 800,000 square foot,
59:37um, which is, in our opinion,
59:39excessive, even though, or they
59:41may not even build um any of
59:43the drawings that they've shown
59:45because 30 seconds, throughout
59:47this process we've seen 3
59:49different designs, one for the
59:52study, one that was presented
59:54to the neighborhood and an
59:56additional one that. was
59:57presented to you guys and all
59:59of them have been different. So
1:00:02I ask is to reject this
1:00:03application or at a minimum at
1:00:06conditions to it, and, and a
1:00:08preference would be for an
1:00:10Emmasu with a medium density as
1:00:14opposed to high density, which
1:00:16is unnecessary for to be able
1:00:18to build uh the apartment. All
1:00:19right, thank you. Thank you.
1:00:21That's, there's time. How much
1:00:28time for the. 6 minutes and 34
1:00:32seconds. Wonderful. 24, I'm
1:00:34sorry, 24 seconds. 6 minutes
1:00:35and 24 seconds. Um, OK, going
1:00:39in order, uh, a comment about
1:00:40there being a rushed process. I
1:00:42mentioned earlier in my
1:00:43presentation that we've had 7
1:00:44meetings before coming to this
1:00:46board tonight. Um, this, we
1:00:48started with an immediate
1:00:49neighbor's meeting on April 8th
1:00:51uh, before we filed an
1:00:53application. Uh, we use that
1:00:54meeting to inform actually
1:00:55where the curb cuts were going
1:00:57to go. We had a discussion at
1:00:58that immediate neighbors
1:01:00meeting about whether to put a
1:01:01curb cut on Todd Street,
1:01:02whether to put it on Decatur
1:01:02Street, and the guidance that
1:01:04that initial meeting we were
1:01:06given was sure, Todd Street.
1:01:08That's where the city would
1:01:10propose you to have curb cuts
1:01:11because that is the local
1:01:13street, Jackson Street and
1:01:15Decatur Street are arterial and
1:01:16collectors, so they are from a
1:01:18code perspective, not allowed
1:01:20for curb cuts unless the city
1:01:22grants relief. Um, after that,
1:01:24we filed our application in
1:01:26July. Uh, we had went to the
1:01:27Old 4th Ward in July, um, had a
1:01:29great reception. There were
1:01:31Probably 70 people in
1:01:33attendance. Um, and then we
1:01:34went to the MPUM meeting in
1:01:36August, the land use meeting,
1:01:38um, and, uh, more neighbors
1:01:40showed up, uh, including the
1:01:41two gentlemen who've spoken
1:01:42tonight, um, and we started
1:01:44engaging in a dialogue. There
1:01:45were several requests of us.
1:01:46There was a concern about a
1:01:47tree. There was a request for a
1:01:49traffic study. Um, there was a
1:01:51request for more 3-bedroom
1:01:53units when this project was
1:01:55initially conceived. It had 03
1:01:57bedroom units. We went from 0
1:02:00to 4. Um, we went back to the
1:02:00MPU Land Use Committee in
1:02:02September and we were asked to
1:02:04look at providing even more
1:02:063-bedroom units. So now the
1:02:07project, as you're seeing it
1:02:09tonight, has 18 3-bedroom units
1:02:11So this is an example of some
1:02:12of the progress that we made.
1:02:14Um, we were asked to look at
1:02:16parallel parking on Todd Street
1:02:18which has now been incorporated
1:02:18into the development. Uh, we
1:02:22were asked to initially, the
1:02:23prom gonna walk you through the
1:02:24curb cuts. Um, initially, we
1:02:27started with a curb cut on
1:02:27Decatur, a curb cut on Todd
1:02:30Street, and then a Service
1:02:31drive that came in. point. A
1:02:36service drive that came in from
1:02:38Todd Street. Um, we heard
1:02:39concerns from the residents on
1:02:40Todd Street about the loading
1:02:43occurring here and backing up
1:02:45of the trucks. And so we were
1:02:45asked, can you look at
1:02:47providing either direct through
1:02:48to here or come in through the
1:02:50building. So we provided a plan
1:02:52that showed loading coming in
1:02:54through the building. So you
1:02:55would still access it from Todd
1:02:56but come out through Decatur
1:02:57Street. Um, we have since
1:03:00received feedback from ATLDOT
1:03:01that their preference is that
1:03:03we have a one-way service alley
1:03:06along here. So one way, and
1:03:08that the flow be from Decatur
1:03:10Street to Todd Street. And so
1:03:10that's what's reflected in the
1:03:12plan. Um, similarly, we have
1:03:15been asked to look at not
1:03:17providing any access on Todd
1:03:19Street. One of the proposals
1:03:20that we presented to the
1:03:21community was, what if we just
1:03:23had exit only on Todd Street.
1:03:24Maybe that, maybe that would
1:03:26work. Full access on Decatur
1:03:28and just exit on. on Todd
1:03:28Street for relief. Um, and then
1:03:30we got feedback from ATLDOT
1:03:33that they're only going to
1:03:35allow ingress from Decatur
1:03:36Street. So, only ingress, no
1:03:39egress onto Decatur Street. Um,
1:03:41and so what that has left us is
1:03:43ingress on Decatur, ingress,
1:03:44and egress on Todd, and then
1:03:46our service lane here. And
1:03:48that's consistent with what the
1:03:52staff recommendation conditions
1:03:53show. Um, with regard to the
1:03:55comments about the mailing and
1:03:57the public signs. There's not a
1:03:57size requirement on the signs.
1:03:59And as you know, the city
1:04:00issues the signs. Uh, they were
1:04:02posted and I'm confident that
1:04:04Ms. Holmes did the mailing
1:04:06appropriately since she does
1:04:08this twice a month. Um, from
1:04:10with respect to changes in the
1:04:12application, yes, we have made
1:04:13changes. Some of the changes
1:04:15have been as a result of the
1:04:16feedback that we have received.
1:04:18Um, the project's scope itself,
1:04:20it's, like I said, the unit
1:04:22count has reduced a little bit,
1:04:22um, from 3. 68 to 347, but the
1:04:26overall building shape and
1:04:27frame has not changed since the
1:04:30initial submittal. Um, from a
1:04:33pedestrian safety standpoint.
1:04:33Obviously, the project will be
1:04:35required to have the Beltline
1:04:36overlay streetscapes, so it'll
1:04:37have new 20 ft wide
1:04:39streetscapes on all the
1:04:40frontages, which will certainly
1:04:41be an improvement over the
1:04:44existing conditions. Um, we did
1:04:46do a traffic study. It's not
1:04:47required. The scope doesn't
1:04:49require a traffic study, but at
1:04:50the request of the neighborhood
1:04:51a traffic study was performed.
1:04:53Um, with the exception of the
1:04:56PM peak, where traffic gets
1:04:58really busy coming down Jackson
1:05:00and coming down Boulevard for
1:05:01folks heading south. Um, all of
1:05:04the intersections operated
1:05:05acceptable levels of service,
1:05:07and this project doesn't tilt
1:05:07the needle as far as letter
1:05:09grades in the traffic study. Um
1:05:121 minute and 58 seconds. Thank
1:05:14you. Uh, let's see, uh, again,
1:05:18we heard several concerns about
1:05:20the, the curb cuts, the alley
1:05:22width of having turning radius.
1:05:24those are not things that are a
1:05:25part of the zoning review.
1:05:27Those are components that are
1:05:29certainly inform the site plan,
1:05:30but those are things that you
1:05:32would get into when we go into
1:05:32the special administrative
1:05:34permit process when we start to
1:05:36go into land disturbance permit
1:05:37Um, and so, again, we will, we
1:05:39will certainly make sure that
1:05:40we are complying with all of
1:05:41the relevant requirements as a
1:05:43part of that. And last, I'll
1:05:44leave you with this, um, MRC 3
1:05:45is not necessary. Um, this
1:05:48project scope does require MRC
1:05:503. Again, I'll remind you it's
1:05:52diagonal from AMARTA station.
1:05:52If this is isn't an appropriate
1:05:54place for density on an
1:05:56arterial diagonal from a MARTA
1:05:57station. I, I don't know where
1:05:59else is, um, so we hope you
1:06:01support this with the staff's
1:06:03recommendation. Thank you.
1:06:03Thank you. So. Anyone else?
1:06:08Because I think that's time,
1:06:10right? One minute left. All
1:06:17right, we will go into
1:06:17executive session. Questions,
1:06:21concerns? I have none. Mhm
1:06:28entertain emotion. Mr. Chair,
1:06:30with respect to case number. 2
1:06:35Z 26-49. I move that this board
1:06:39accept staff's findings of fact
1:06:41Second, Motion has been made
1:06:43and seconded. All those in
1:06:44favor say aye, oppose a. Motion
1:06:48passes. Further, Mr. Chair,
1:06:50with respect to case number
1:06:53Z26-49. I move that the sports
1:06:55and forth a recommendation of
1:06:57approval with the staff's
1:06:59recommendations and conditions
1:07:00found on page 5 of the staff's
1:07:02report dated November 5, 20026.
1:07:06Second, Motion has been made
1:07:09and seconded. All those in
1:07:11favor, please say all those in
1:07:13opposition, say nay. Motion
1:07:16passes. Next case, please.
1:07:19Z2652 an ordinance by zoning
1:07:20committee to rezone for mixed
1:07:22residential, commercial,
1:07:22conditional, Beltline overlay
1:07:24and light industrial building
1:07:26overlay to make residential
1:07:27commercial commercial beltline
1:07:29overlay for properties located
1:07:30at 687 and 707 Angier Avenue
1:07:33Northeast fronting 298.38 ft on
1:07:35the east side of Andrew Avenue,
1:07:36beginning at a point on the
1:07:37south side of Andrew Avenue at
1:07:40a 23.27 ft northeasterly from
1:07:42an iron pit at the Southeast
1:07:44intersection of Angier Avenue
1:07:45and Eggleston Drive. Depth
1:07:47varies, area 0.68. Linda, 1814
1:07:49Bishop, Fulton County, Georgia.
1:07:51Owner Matt Willis and Lathi,
1:07:54applicant Salahi, MPUM. Council
1:07:56District 2. Good evening. He
1:08:00stepped to the podium bitch,
1:08:02just state your name and
1:08:02address, please. Thank you. Hi,
1:08:04my name's Saladi. My address is
1:08:07200 North Highland Avenue,
1:08:09Atlanta, Georgia, 30307. Um, I
1:08:11am the applicant. Um, this is a
1:08:14proposal to rezone two parcels,
1:08:18um, one is currently zoned MRC
1:08:203C, the second parcel is zoned
1:08:22I1. The application is to
1:08:24rezone both parcels to MRC 3.
1:08:27just briefly, I'd like to thank
1:08:29the planning department.
1:08:30department and staff for their
1:08:31thoughtful and thorough
1:08:33evaluation and analysis. I
1:08:35don't have anything to add to
1:08:38the staff's finding of facts,
1:08:40um, I agree with the staff's
1:08:42recommendation. I think it's
1:08:44appropriate. It's consistent
1:08:45with the 2025 CDP and I will
1:08:47reserve the balance of my time
1:08:49for rebuttal. Thank you. Is
1:08:53there anyone else that would
1:08:54like to speak in support of
1:08:56this application. CA 9, is
1:09:04there anyone that would like to
1:09:05speak in opposition of the
1:09:07application, please step to the
1:09:09podium and state your name and
1:09:10address, please. You have 10
1:09:11minutes. Hello, my name is
1:09:16Melinda Fox. My address is 652
1:09:18Angier Avenue, Northeast. Um,
1:09:21I'm an old 4th Ward resident
1:09:23living directly across from
1:09:25historic 4th Ward Park in the
1:09:26playground, um, which is
1:09:27immediately adjacent to 707
1:09:30Angier Development. I'm a
1:09:32longtime neighbor and civic
1:09:34organizer, and active member of
1:09:35the Old Fourth Ward
1:09:36Neighborhood Association, the
1:09:38MPUM, a former board member of
1:09:39the historic 4th Ward Park
1:09:41Conservancy, and I held a
1:09:43science degree in environmental
1:09:44sciences from the University of
1:09:45Florida. I've followed this
1:09:48development proposal for years
1:09:49and engage with legacy
1:09:50neighbors who have helped shape
1:09:52this neighborhood and
1:09:53participated in the civic
1:09:55process. this civic process at
1:09:57multiple levels. I'm here
1:09:59tonight to speak for the long
1:09:59term protection of the park,
1:10:01its environment. It's urban
1:10:03wildlife and the families who
1:10:04use it. I have 4 primary
1:10:07concerns first. Shade and
1:10:10environmental impact. We've not
1:10:10seen a meaningful independent
1:10:12solstice to solstice shadow
1:10:15study demonstrating what an 18
1:10:17story building directly on the
1:10:19park's edge will mean for
1:10:21mature trees, native plants,
1:10:23landscaping, the playground,
1:10:24the splash pad over the course
1:10:26of the entire year. We need to
1:10:28understand the long term
1:10:30consequences before
1:10:30construction begins. Second,
1:10:33the playground itself, it's not
1:10:35an incidental neighborhood
1:10:37playground. It's a major family
1:10:39destination along one of
1:10:40Atlanta's busiest Beltline
1:10:42corridors serving families,
1:10:43children, and visitors
1:10:44throughout the year. In
1:10:4618-story residential building
1:10:48directly overhead, completely
1:10:50vertical, creates a very real
1:10:52fishbowl effect within hundreds
1:10:53with hundreds of windows and
1:10:55balconies overlooking children
1:10:57at play. Third, urban wildlife
1:11:00and construction impacts,
1:11:01nearly 3 dozen. Species of
1:11:02songbirds and other wildlife
1:11:04depend on this park. We need a
1:11:06meaningful consideration of
1:11:09habitat disruption,
1:11:09construction dust, air quality,
1:11:11noise, runoff, and potential
1:11:13environmental hazards. This
1:11:13could mean years of
1:11:16constructions immediately
1:11:17besides a heavily used park.
1:11:20Including the only restroom at
1:11:22the park. Finally, the overall
1:11:24relationship to the park, other
1:11:26developers in this area have
1:11:27demonstrated that it's possible
1:11:29to build while respecting the
1:11:31park's boundaries, character,
1:11:33and public accessibility. I
1:11:34don't believe this proposal has
1:11:36demonstrated that same level of
1:11:38thoughtfulness, historic 4th
1:11:40War Park is an extraordinary
1:11:42public asset. It's a gathering
1:11:43place, a recreational space, an
1:11:46environmental resource, and a
1:11:47place that belongs to everyone.
1:11:49I urge the board to take the.
1:11:51neighborhoods concerns
1:11:51seriously. And require
1:11:54meaningful, independent, and
1:11:55current studies before allowing
1:11:56this proposal to proceed. Thank
1:11:58you. Thank you. That was done.
1:12:05What, for the opposition 7
1:12:07minutes. You have 7 minutes and
1:12:13795 minutes. I have a handout.
1:12:14Am I allowed to bring that up?
1:12:16Unfortunately, no. This is, my
1:12:19name is. this is Opposition. 07
1:12:22minutes and 18. 7 minutes and
1:12:2518 seconds for our opposition.
1:12:27Uh, hi, my name is Cody Pearser
1:12:29Levett. My name is Cody Pierce.
1:12:32I live at 681 Angier Avenue.
1:12:34I'm the home that's directly
1:12:36next to this proposed tower. So
1:12:41everyone has a visual of what
1:12:42this might look like. My house
1:12:43is here. Ah, it is about.
1:12:47Probably 5 ft away from where
1:12:48he wants to put the building,
1:12:50um, this is a very much a
1:12:52residential home, single family
1:12:54in use until about a month ago.
1:12:56Uh, it is now used like a
1:12:59duplex, um, I've lived here for
1:13:01almost 3 years as a sworn
1:13:03affidavit in the packet if you
1:13:04would like to see it. Um, I am
1:13:06in opposition of this tower for
1:13:08for several reasons. Uh, but
1:13:10first, I would like you to take
1:13:12a look at this photo and just
1:13:12see how close that is of where
1:13:14this building would be per the
1:13:16proposed plans, there's going
1:13:17to be about 20 ft dug down for
1:13:19a parking deck that close to
1:13:21the side of the building. So
1:13:28according to the CDP, yes, this
1:13:30is um. On the map, high density
1:13:34mixed use, but high density
1:13:35mixed use has. Multiple, um.
1:13:39Districts, there's about 30 of
1:13:39them, so it doesn't have to be
1:13:41the most intense as the
1:13:43property is used now, there's
1:13:44um. 22 affordable housing units
1:13:48in in this white building. Um,
1:13:50there's an additional 2 in the
1:13:52building over here, but it was
1:13:53built like a quadplex by the
1:13:54same person that built my house
1:13:57So in theory, that's a total of
1:13:5930 impacted or lost because if
1:14:01you're putting a hole right
1:14:02here next to the house, it's,
1:14:04it's gonna be impacted. Um, so
1:14:06I don't think that this tower
1:14:08really supports the removal of
1:14:10almost 30 affordable housing
1:14:12units, and it already meets the
1:14:15CDP high density mixed use. The
1:14:17density is almost 38 to 40
1:14:19homes per acre. That's already
1:14:20real density. Um, I would also
1:14:24like to mention. Uh, the staff
1:14:26report doesn't address the 687
1:14:30is already zoned MRC 3. It has
1:14:32a plan that's been approved. It
1:14:33has a height cap. It has
1:14:35economic use already. Um, it
1:14:37was capped at 10 stories or 155
1:14:40ft, but now with the addition
1:14:42of the, the contract for the
1:14:42lot next door, spreading out
1:14:44doesn't mean you have to
1:14:46increase the height of the
1:14:47building. Again, the height for
1:14:56MRC 3, that's a design flaw or
1:14:58not a design flaw, it's a
1:15:00design quirk. The reality is
1:15:01you can get the same amount of
1:15:02density, the same square
1:15:04footage in a much shorter
1:15:05building. In fact, almost 80 ft
1:15:07if you put it on the rest of
1:15:09the lot, so there's no need to.
1:15:12Concentrate all of the mass of
1:15:14the building to the side of the
1:15:15park where the lot is the most
1:15:16narrow. Here's a good example
1:15:28in scale. The lot is narrowed
1:15:29like a slice of pizza, right?
1:15:31If you're packing all of the
1:15:33massing and the density over on
1:15:33this side on the most narrow
1:15:34side, of course you need the
1:15:35height to be able to reach the
1:15:38maximum square footage, which
1:15:38is what the applicant is trying
1:15:40to do is maximize the amount of
1:15:42square feet, zero lines on the,
1:15:43on the setbacks on the back and
1:15:45the side, right? He wants to go
1:15:47to the extremes of MRC 3, when
1:15:49that's really not what's needed
1:15:50here If the masking is shifted
1:15:51to the other side of the
1:15:52building. Then there's really
1:16:02no need for a tower that tall.
1:16:03You can see how skinny it would
1:16:05be, it's, it's almost the width
1:16:05of a single family home, right?
1:16:07It's a very narrow, slender
1:16:09tower. I believe the uh the
1:16:33request is for. No conditions.
1:16:36However, there's been a lot of
1:16:38neighborhood opposition to this
1:16:40several conditions were
1:16:41proposed. There was
1:16:43conversation of including if
1:16:47the GRB decides to approve that
1:16:50conditions would be attached,
1:16:50the same as they currently are
1:16:52now. There's active conditions,
1:16:53both the height condition and a
1:16:54story cab on this, that the
1:16:56community voted on back in 2018
1:16:58So I do ask that if the board
1:17:01is considering approval that
1:17:03they consider a deferral
1:17:04instead, so. The MPU can meet
1:17:06on all of the different
1:17:06conditions that have been
1:17:08proposed, and there's quite the
1:17:10lengthy list, um. Yes, I don't,
1:17:30I don't think that the maximum
1:17:32um. Intensity with MRC 3 is
1:17:35needed here. I think that you
1:17:37could get the same, uh, square
1:17:39footage, but I think 10
1:17:41different districts that are
1:17:42already in that high density
1:17:42mixed use category. There's 10
1:17:44different districts that you
1:17:45get the 3.2 far, which gives
1:17:47you the 139,000 square feet
1:17:49that he's asking for. You don't
1:17:50need MRC 3 and you don't need a
1:17:51tower or that height. And I, I
1:17:57do ask that the board defer
1:17:58until conditions can be
1:18:00proposed by the NPU, and
1:18:02there's a genuine concern for
1:18:03that. I want to bring in an
1:18:08instance of uh, cuz I believe
1:18:10it's relevant, uh, the
1:18:13applicant's history with
1:18:14rezoning. We have. 5 to 6 North
1:18:17Avenue. Uh, this is rezoned in
1:18:192022 by the applicant. He, I
1:18:22proposed a nine-story apartment
1:18:231 minute and 38 seconds. Gotcha
1:18:26He proposed an apartment
1:18:29building or, I don't think he
1:18:30ever had any intention on
1:18:30building it because less than a
1:18:31year later it goes in the
1:18:33market for sale. Sold it to
1:18:35somebody else entirely. They go
1:18:36to develop an entirely
1:18:38different building. So it is
1:18:38very important that these
1:18:40conditions are included in the
1:18:40rezoning because there's no
1:18:42guarantee that that tower is
1:18:43ever going to get built and
1:18:44that what goes there next is
1:18:46going to be compatible with the
1:18:47community at all, so. Please do
1:18:50consider deferring so the MPU
1:18:51can vote on those conditions.
1:18:52Thank you. Is there anyone else
1:19:03that would like to speak in
1:19:03opposition of this application.
1:19:10One minute One minute 2. Yeah,
1:19:121 minute and 2 seconds, sir.
1:19:14All right, I'll be quick. I
1:19:16didn't really plan on speaking
1:19:17today. My name is Henry Henry
1:19:20Henry. I live at 400 Glen Iris
1:19:21Drive. I've lived in the old
1:19:234th Ward for 16 years. I've
1:19:25taken my grandson, my nephews
1:19:27to the park that they next to
1:19:29where they plan on building
1:19:32this tower, and I've seen
1:19:33several other apartments come
1:19:35up there. And when sitting in
1:19:36the park with my grandson and
1:19:39nephew, with the apartments is
1:19:41the shade has taken over. And
1:19:46Putting something this large in
1:19:47that area would even be worse.
1:19:50And The amount of people that
1:19:53have to go to a place like this
1:19:55I've had my in-laws live in the
1:19:58Emily apartments nearby. They
1:19:59have doctors who have to come
1:20:01by. They have other
1:20:04professionals who need to come
1:20:05by and they need to have
1:20:06parking. So this facility would
1:20:08take up the parking that's
1:20:10around that area as well. So,
1:20:13hopefully. Today you will
1:20:15reject. No more wasting time to
1:20:19get more proposals to stop it.
1:20:21We don't need any more building
1:20:23in this area. Something that
1:20:24high. It's very frustrating for
1:20:28the people who do live in that
1:20:29area to have to deal with
1:20:31things like this. Time, sir.
1:20:32All right, thank you. Thank you
1:20:35Sir, how much time for 9
1:20:38minutes and you have 9 minutes.
1:20:42Perfect. 18 seconds. 9 minutes
1:20:44and 18 seconds. OK, great. I
1:20:46will try and address each one
1:20:48of the concerns that were
1:20:49raised one by one, but at a
1:20:51macro level, I think what we
1:20:53have from the opposition that
1:20:56you've heard is more an
1:21:00opposition to the 2025 CDP
1:21:02update. So, a lot of these
1:21:04concerns and questions that are
1:21:07being raised in opposition were
1:21:09vetted during the many meetings
1:21:09that the City conducted in
1:21:13doing the 2025 CDB update. In
1:21:16that update. All the
1:21:20surrounding properties around
1:21:20Old Fort Ward Park, were
1:21:23designated to be high density
1:21:25mixed use with the exception of
1:21:29two parcels that are currently
1:21:30zoned to I-1 that actually
1:21:33border the park where uh have a
1:21:36future land use of medium
1:21:38density mixed use. There was a
1:21:40comment made that this property
1:21:42is immediately adjacent to the
1:21:43park. That is not true. Um,
1:21:47there is an intervening lot
1:21:47between. these properties and
1:21:51the park, and there is a right
1:21:52of way on the other side
1:21:54between these properties and
1:21:56the park. The concern that this
1:21:58property is going to loom over
1:22:00the park is also not consistent
1:22:05with the other development that
1:22:06is going around the park. So,
1:22:07for example, there is already
1:22:10approved and NSAP an approved
1:22:14SAP for a building that is 225
1:22:19ft, 470,000 square feet, so
1:22:21literally 3.5 times the size of
1:22:23the building that I'm proposing
1:22:25that is actually less than 20
1:22:26ft. From the border of the park
1:22:30in contrast, my property is on
1:22:32average 70 ft from the park.
1:22:36The side that faces the park as
1:22:38one of the um opposing speakers
1:22:41mentioned is deliberately
1:22:43narrow. It's only 50 ft. And it
1:22:46steps back from the park side
1:22:50going away, so, uh, uh, 25 ft,
1:22:54it steps back, and then it
1:22:55steps back again at the 18th
1:22:57floor. Um, there was a comment
1:23:01made that there will be
1:23:02hundreds of balconies. Uh, this
1:23:04building is 140,000 square feet
1:23:06It is not a 470,000 square foot
1:23:12350 unit building like that's
1:23:15already approved directly
1:23:15across the street. Um, There
1:23:20was a comment made about the
1:23:22house at 681 Angier, um, that
1:23:26is actually a 4 unit, um,
1:23:29multi-family building. Uh, it
1:23:30is a nonconforming use. The law
1:23:33is zoned I-1, the future land
1:23:35use is medium density mixed use
1:23:39So, What we're proposing is
1:23:43exactly in keeping with the
1:23:44comprehensive development plan,
1:23:48um, and to treat the adjacent
1:23:51property as a single family
1:23:53home would be completely
1:23:54inappropriate because it would
1:23:55never be rezoned to a single
1:23:57family home. Uh, as it stands,
1:24:02uh, there is 0 setback between
1:24:05MRC and uh I won. Um, I have
1:24:09proposed that I would agree to
1:24:11a 10-foot setback, uh, side
1:24:15yard setback with the I-1
1:24:16zoning. Um, Which was never
1:24:20responded to. There was a
1:24:23comment that um 30 or somewhere
1:24:27between 22 and 30 affordable
1:24:29apartments were being
1:24:30eliminated. To be clear, none
1:24:31of those apartments are subject
1:24:33to aura, so there is no
1:24:36requirement that those
1:24:38apartments be affordable at any
1:24:40level of AMI, um. Obviously,
1:24:43whatever I build here would
1:24:45have to comply with the
1:24:49inclusionary zoning. So to the
1:24:49extent it was rental, there
1:24:51would be affordable housing as
1:24:54appropriate. Uh, let's see,
1:24:58there was a comment about
1:25:00parking. Um, currently the 22
1:25:03units that are um existing have
1:25:07no off-street parking, so they
1:25:09park entirely on the street, um
1:25:12what we would be building would
1:25:14be completely self-parked. So,
1:25:17there's really no uh net loss
1:25:21of parking spaces. Uh I think I
1:25:24have addressed all the
1:25:25questions, um, I just, you know
1:25:28reiterate, uh, staff's
1:25:30recommendation was for approval
1:25:32um, what we're proposing to do
1:25:34is completely consistent with
1:25:36the CDP. It's consistent with
1:25:38everything around us, and uh
1:25:41we'll um. You know, direct you
1:25:44to one of the uh emails from
1:25:46the adjacent property owner
1:25:48that was in the packet that I
1:25:48submitted earlier, uh, where he
1:25:52stated correctly that any
1:25:54development on this site needs
1:25:57to be 20 plus stories
1:25:59consistent with what New City
1:26:01is doing, otherwise, in his own
1:26:03words, it would be an oddball.
1:26:06Thanks. Thank you. It No one
1:26:16else. All right, we will go
1:26:17into executive session.
1:26:21Question. heard. The applicant
1:26:24indicate that if it were rental
1:26:26he would comply with those
1:26:29those, those yeah, yeah those,
1:26:31yeah, yeah, but they're for
1:26:31sale, right? So just for
1:26:33clarity's sake, sir, or is this
1:26:37development going to be rental
1:26:38or is it for sale units? The
1:26:42intent is for sale, um, but
1:26:44obviously I can't commit to
1:26:46that cause it, it's gonna
1:26:47depend on market conditions.
1:26:51But you did say if it was
1:26:53rental that you would be, or
1:26:54you would comply with
1:26:55inclusionaries on there as it
1:26:56relates to affordability.
1:26:58Correct. You have to. You'd
1:27:04have to. Well, he could, he
1:27:05could pay out, look. That would
1:27:08be complying though, yes.
1:27:11Either way. If you want to call
1:27:14it that. I've got no questions.
1:27:20Mhm. No questions. All right,
1:27:24I'll entertain a motion. Mr.
1:27:29Chair, with respect to case
1:27:30number. Z-26-52. I move that
1:27:36this board accept staff's
1:27:38findings of fact. Second.
1:27:42Motion has been made and
1:27:43properly seconded all in favor
1:27:45say aye, those opposed to say
1:27:47that. Uh, motion passes.
1:27:50Further, Mr. Chair, with
1:27:52respect to case number Z-26-52.
1:27:56I move that this board send
1:27:57forth a recommendation of
1:27:59approval. Second. The motion
1:28:03has been Second in May, all
1:28:07those in favor, say aye, those
1:28:09opposed, say nay. I I abstain.
1:28:14We have one extension. Motion
1:28:17passes. I hear a motion to
1:28:25adjourn. So moved
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