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

Sources

Video

Watch the 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

```*