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[0:13]
Good evening,
ladies and gentlemen.
[0:15]
This meeting will now
come to order at this time.
[0:17]
May I ask you to please silence
[0:19]
or turn off your cell phones
and other electronic devices?
[0:22]
This is a regular meeting
of designing Review
[0:24]
board of the City of Atlanta.
My name is Sherry McCoy.
[0:26]
Chair of the board
for tonight's meeting.
[0:28]
This is a nine member board
appointed by the mayor
[0:31]
and confirmed by the City
council.
[0:33]
This board hears applications
[0:34]
for rezoning
and special use permits.
[0:38]
At this time,
I would like to introduce you
to the members of the board.
[0:40]
To my immediate right is Mr.
[0:42]
Walter Slayton, vice chair
of the Zoning Review Board.
[0:44]
Other members
of the Zoning Review
[0:47]
Board present
this evening are Miss Karla
Penniman, Miss Lauren Welch, Mr.
[0:50]
Jim Cheeks, and Mr. Kenny Hill.
[0:52]
Members of the staff present
[0:54]
tonight are Miss Quita
Holmes and Miss Angela Black.
[0:59]
The applications
will be heard in
[1:01]
the order
listed on the printed agenda.
[1:03]
I would like to acquaint you
[1:04]
with some of the rules
and procedures
[1:05]
for the conduct of this meeting,
[1:06]
which have been adopted
by this board.
[1:08]
The applicants will be allowed
[1:09]
a total of ten minutes
to present their cases.
[1:12]
Since the burden of proof
is upon
[1:13]
the applicants
to convince support,
[1:15]
the application
should be approved,
[1:17]
they may choose to reserve
some of that time
[1:18]
for rebuttal following
independence presentation.
[1:21]
The opposition likewise
will be permitted
[1:24]
a total of ten minutes
to present their opposition.
[1:26]
It will behoove you
to organize yourselves
[1:28]
so that those who wish to speak
may do so
[1:30]
in the ten minutes, provided
the opposition is not permitted.
[1:33]
Rebuttal time.
[1:34]
Miss Karla
Penniman will be keeping
[1:36]
track of the time,
and will inform me
[1:38]
periodically of the time
remaining for your presentation.
[1:41]
If you wish to speak,
[1:43]
if you wish to address the board
tonight, please
[1:44]
sign in in the sign
in sheet at the podium.
[1:47]
Please lean into the microphone
to be heard. Before
[1:49]
making your remarks, please
state your name and address.
[1:53]
This meeting is being recorded.
[1:54]
Therefore, it is very important
[1:55]
that you speak directly
into the microphone.
[1:57]
The board will take two votes
on each application.
[1:59]
The first vote
is on the findings of fact
[2:01]
as presented by the staff.
[2:03]
The second vote is for approval
or denial of the application.
[2:07]
It is the second vote
that determines
the board's recommendation
[2:08]
to the City Council
at the time of this hearing.
[2:11]
Each application
has been regularly
[2:12]
filed with the Office
of Zoning and Development,
[2:14]
which prepares the proposed
ordinance for each application.
[2:17]
The proposed ordinance
has had its first
[2:20]
reading by the City Council,
and has been referred
[2:22]
to this board
for a public hearing.
[2:24]
Next is Zoning
Committee of the City Council
[2:26]
votes on the proposed ordinance.
[2:28]
Then the full council votes
[2:29]
to adopt or deny
the proposed ordinance.
[2:31]
Finally,
the mayor has eight days
[2:33]
to approve
or veto the ordinance.
[2:35]
The Office of Zoning
and Development
[2:36]
has reviewed each application
in conjunction
[2:38]
with various affected
agencies and departments,
[2:40]
as well as with respect
to the adopted
[2:42]
Comprehensive Development Plan
as required by the City Charter.
[2:45]
The staff recommendations,
findings of fact
[2:47]
and conclusions are here
before us in written form.
[2:50]
Further, each application
has been regularly posted,
[2:53]
regularly advertised and notices
[2:55]
mailed as required
by the zoning ordinance.
[2:57]
Comments from the Department
of Public Works,
[2:59]
the Atlantic School Board
and the County Health Department
[3:01]
have been requested.
[3:02]
The board must consider
each application
[3:04]
legally valid and is required
[3:06]
to make a recommendation
on each application.
[3:08]
The rules of the Council permit
[3:10]
no demonstrations of any kind
within the Council chambers.
[3:15]
Please refrain
from any applause or dialog
during or after presentations.
[3:18]
All remarks should be addressed
to the board.
[3:20]
Please show the same
respect to the person
[3:21]
speaking that you would expect
to receive yourself.
[3:24]
The applications
heard tonight will be considered
[3:26]
by the Zoning Committee
on August 24th, 2026,
[3:30]
and by the Atlantic City Council
on September 8th, 2026.
[3:33]
I will now entertain a motion
to adopt tonight's agenda.
[3:37]
Madam chair, I move that
this board adopts tonight's
[3:40]
agenda, with the exception
[3:42]
that we move the following cases
to the front of the agenda
[3:45]
for consideration of a possible
deferral filing or continuance.
[3:50]
Z Dash 26, 3024
[3:52]
Cleveland Avenue
Southeast to be filed
[3:55]
Z 2636 1834 Braeburn Circle
[4:00]
southeast for a 60 day deferral
until October 2026.
[4:05]
Z Dash 2637
[4:08]
686 Highland Avenue
Southeast to be filed.
[4:12]
Z Dash 2645
[4:15]
2341 Glenn
Drive, southeast to be filed.
[4:21]
Is there a second?
[4:24]
Second.
[4:25]
It's been moved
and properly seconded
[4:27]
that we accept tonight's
agenda, with the exception
of the applications
[4:29]
that will be moved
to the front of the agenda
[4:30]
for consideration for possible
deferral, continuance of filing.
[4:34]
Are there any questions
or comments from the board?
[4:37]
Okay. Hearing none.
[4:39]
All in favor of adopting
[4:40]
tonight's agenda, please
I and opposed.
[4:42]
Nay, a motion passes.
[4:44]
Oh, abstain.
[4:46]
Motion passes.
[4:48]
Acknowledging one abstention.
[4:50]
Let me remind you again
to please
[4:53]
ensure that your phones
and other electronic devices
[4:56]
have been turned off.
Or silence to.
[4:58]
Miss Holmes,
would you please read the cases
[5:00]
for possible deferral and filing
[5:03]
Z 2630
an ordinance by Councilmember
[5:06]
Antonio Lewis to waive part
three Land Development Code.
[5:08]
Part 16 zoning.
[5:09]
Chapter 11 of the City
[5:10]
of Atlanta Code of Ordinances
[5:13]
so as to allow
an automobile service station
service station at 24 Cleveland
[5:16]
Avenue Southeast
within 1500
feet of an existing automobile
[5:18]
service station,
and for other purposes in
[5:20]
Council District 12, Z 2636,
and ordinance by the Committee
[5:24]
to rezone from multifamily
residential conditional
[5:26]
to multi-family
residential conditional
[5:28]
for a major site plan amendment
and a change of conditions
[5:30]
for property located at 1834
Braeburn Circle, southeast
[5:33]
fronting 50ft on the north
side of Braves Circle,
[5:36]
beginning at a point
on the north
side of the 50ft right of way
known as Braving
[5:38]
Circle in the southwest
corner of lot 22,
[5:40]
said point being 750ft east
from the intersection
[5:43]
of Braeburn Circle and Clifton
Road.
[5:45]
Depth varies. Area 6.906 acres.
[5:47]
Land lot one 7415
Fisher, DeKalb County, Georgia.
[5:50]
Owner Welborn development LLC
applicant Harold Buckley Jr, MP,
[5:54]
Council District five 2637.
[5:57]
Ordinance Committee
to rezone from two family
[5:58]
Residential Beltline overlay
to commercial service issues.
[6:01]
Felt like overlay for property
located at 686 Highland Avenue
[6:04]
Northeast,
fronting 94ft on the north
[6:05]
side of Highland Avenue,
commencing at an
[6:07]
at the intersection of the north
[6:09]
right of way of Highland Avenue
and the easterly
[6:10]
right of way of Sampson Street,
and leave the said
[6:13]
easterly right of way of Samsung
[6:14]
Street,
and run along the said northerly
[6:15]
right of way of Highland
Avenue to a point
[6:17]
set point
also been the point of beginning
[6:19]
approximately 150ft area
0.3 acres.
[6:22]
In 1914, Bishop Fulton County,
Georgia owner Chris
[6:25]
Carter, applicant.
[6:26]
Chris Jackson, MPU, Council,
District two.
[6:29]
Thank you, Miss Holmes.
[6:30]
Is there anyone present
in opposition?
[6:32]
Is there one more?
[6:34]
Oh, sorry.
2645 and my Councilmember
Bakhtiari is on property
[6:37]
located at 2341 Drive
Southeast Atlanta, Georgia,
[6:40]
through 316 of the hour
for Single family
[6:42]
residential zoning district
for the purposes of
[6:45]
Council District five.
[6:46]
Thank you.
[6:48]
Is there anyone present in
[6:49]
opposition to any of the cases
being considered
[6:51]
for deferral or filing?
[6:55]
Okay.
Hearing
none, I will entertain motions.
[7:00]
Madam chair, with respect
[7:02]
to case number 2630,
I move to this board, defer
[7:06]
taking action on this case
to be filed.
[7:10]
Second motions been made
and probably seconded.
[7:13]
All in favor say aye.
[7:14]
Opposed? Nay, I motion passes.
[7:18]
Madam chair, with respect
to case number Z 2636,
[7:22]
I move that this board
defer taking action on this case
[7:26]
till a 60 day deferral
until October 2026.
[7:30]
Second motions
been made. Properly seconded.
[7:33]
All in favor,
say aye. Opposed. Nay.
[7:35]
Abstain.
[7:41]
Madam chair,
with the two case number Z 2637,
I move this board.
[7:46]
Defer to action to be filed,
[7:49]
second motions
been made and properly seconded.
[7:51]
All in favor,
say aye and opposed.
[7:53]
May I mention passes?
[7:56]
Madam chair, with respect
to case number Z 2645, I move
[8:00]
that this board director action
for this case to be filed.
[8:04]
Second, she's been made
and properly seconded.
[8:06]
All in favor
say aye and opposed.
[8:08]
Nay, a motion passes.
[8:10]
May we have the next
application, please?
[8:12]
Miss Z 2638 Ordinance
by Zoning Committee to rezone
[8:16]
from planned development,
mixed use Beltline
overlay and community
[8:18]
business district overlay
to mix residential
[8:20]
commercial building overlay
for prophecy located at 774784,
[8:24]
also known as 782 Ponce
Leon Place seven 9794,
[8:29]
also known as 798,
possibly on Avenue,
[8:31]
possibly on Avenue, and 731
[8:34]
Adventure Avenue, also known
as 732 Bonaventure Avenue,
[8:37]
fronting 328ft
on the north side of Ponce
[8:39]
Leon Avenue, beginning at a nail
found at the intersection
[8:42]
formed by the northerly
right of way of Ponce
[8:44]
Leon Avenue
[8:46]
and the westerly right of way
of Bonaventure Avenue,
and proceeding thence
[8:47]
along the north right of
Way of Ponce Leon Avenue.
[8:50]
Death varies.
Area 1.75788 acres. Land
lot 1714.
[8:53]
District and County, Georgia.
[8:55]
Owners SDI Ponce LLC, SC 73
LLC and 175 LLC.
[9:00]
Applicant S.I.
[9:01]
Ponce
LLC in Council District two.
[9:07]
Thank you miss.
[9:08]
Please state your name
and address and proceed.
[9:12]
Members of the board just.
[9:16]
Might sound like it.
[9:17]
Try it again. Hello.
[9:19]
There we go.
Just not close enough.
[9:20]
There we go.
[9:21]
Good evening,
members of the board.
[9:22]
My name is Jessica Hill.
[9:25]
My business address
is 600 Peachtree Street,
and I represent the applicant
[9:27]
and property
owner, Seelig Enterprises.
[9:30]
I'm joined tonight by various
members of the project team,
[9:33]
including the property
ownership,
[9:35]
our architect
and our civil engineer, and also
[9:38]
our traffic engineer who's
going to speak to you as well.
[9:41]
Seelig has owned the majority
of this property
[9:42]
for over 60 years.
[9:44]
It's about 1.75 acres.
[9:46]
Located
at the corner of Bonaventure
[9:49]
has frontage on Bonaventure,
[9:50]
Maiden Lane and Ponce de Leon
Avenue and has historically
[9:54]
been used for a variety
of different commercial uses.
[9:57]
There is one residential
use on the property.
[9:59]
Today.
[10:00]
It is zones, predominantly C-1.
[10:03]
At the far western most portion
of the property is one lot
[10:07]
that was zoned
PDM a few years ago
[10:10]
as part of a development that
Portman Holdings was proposing.
[10:13]
So that's why the zoning request
that's before you is to go
[10:16]
from C-1 and PDM to MRC
[10:20]
three with several conditions.
[10:23]
We are proposing a development
that will include up to 375
[10:27]
multifamily units.
[10:28]
Those will be rental
[10:30]
with about 10,000ft
of sidewalk level commercial
[10:33]
and then obviously a parking str
[10:41]
Just looking at a color
[10:43]
rendered version of the ground
floor plan,
[10:44]
you've got Pontes on the bottom
here,
[10:46]
Bonaventure Avenue on your right
and Maiden Lane on the north.
[10:51]
This is the southern
edge of the Virginia
[10:53]
Highland neighborhood,
[10:54]
and we spent quite a bit of time
working with Virginia
[10:57]
Highland,
with their planning committee,
[10:58]
as well as with the neighborhood
at large, to address concerns
[11:01]
that were raised
predominantly around traffic.
[11:04]
What you see here in orange
is the retail and amenity area.
[11:07]
At the bottom level,
we have two curb cuts proposed,
[11:11]
one on Ponce de Leon Avenue,
one on Maiden Lane.
[11:15]
The project originally
[11:16]
had a curb cut
proposed on Bonaventure instead,
[11:19]
and the resounding thing
that we heard
[11:20]
from the neighborhood
was, please don't do that to us.
[11:24]
Bonaventure
at most times is backed up
[11:26]
due to the stock
condition there.
[11:27]
So the site plan that you see
proposes curb
[11:31]
cuts on these two locations.
[11:39]
Show rendering of the project.
[11:41]
Here's a bird's eye
rendering of the project.
[11:43]
You've got Ponce de Leon here.
[11:45]
This is Bonaventure
on the corner.
[11:46]
You can see
the development here.
[11:48]
And then we've ghosted in the
[11:50]
Portman development,
which is approved next door
[11:52]
at the same height
and massing as the proposal.
[11:58]
You will find a variety
of conditions in your packet.
[12:01]
Most of them
were originally negotiated
for the adjacent development.
[12:05]
What we did with the Virginia
Highlands Group was work through
[12:08]
which ones applied to this site,
[12:10]
and then presented them
to the staff.
[12:13]
The only condition
that we have a concern with
is staff condition number four,
[12:19]
which requires
[12:21]
a write in right out on Ponce
if there is a variation.
[12:24]
Granted,
and I'm going to let
[12:25]
our traffic engineer
[12:26]
speak to the traffic study
[12:27]
that was prepared
for this project
[12:30]
and tell you a little bit more
about why we would like that
condition removed.
[12:32]
Thank you.
[12:38]
Hello, I'm Anna Eisenman.
[12:40]
I join you to give my address.
[12:43]
955 Juniper Street, unit 2132.
[12:45]
Atlanta, Georgia I'm a traffic
engineer with Kinley Horn.
[12:49]
I prepared a traffic impact
study
[12:51]
in response to some neighborhood
[12:52]
concerns and questions
about traffic
[12:54]
and the impact of the broader
neighborhood.
[12:56]
We know that on a state route
like Ponce de Leon Avenue,
[12:59]
the most likely permitted
condition
[13:01]
will be a right and right out,
because that is God's
[13:03]
preferred intersection
alternative on a state route.
[13:07]
However, in this Pacific
location, we do have a two way
[13:10]
left turn lane that allows left
[13:13]
turn access
today to the five driveways that
we would be reducing to one.
[13:16]
I talked to Megan Wilson at gDot
[13:20]
and how to preliminary
conversation with her, to ask
[13:23]
if it would be possible
to do a left
[13:25]
turn at this location to respond
to citizen concerns, neighbor
[13:29]
concerns about extra circulation
in the neighborhood
[13:33]
if they wouldn't
be able to directly access
[13:34]
from the primary
arterial state route.
[13:37]
And she said it's a possibility
they have to see the permit
[13:41]
before they can respond.
[13:43]
For Dot,
[13:44]
I think queuing was another
concern along that to a left
[13:49]
turn lane,
based on the traffic volumes
that we collected this year
[13:52]
and projected future volumes
for the development, we project
[13:56]
one car or fewer
queued to make that left
[13:59]
onto Bonaventure
or into the site driveway.
[14:04]
A car takes up about 25ft.
[14:06]
When we consider queuing design.
[14:07]
We have 300ft
along that frontage.
[14:10]
There should not
be any issues with queuing.
[14:19]
And we're
happy to answer any questions.
[14:20]
We'll reserve
any time for rebuttal,
[14:21]
although I'm not sure
if there's anybody here for us.
[14:23]
Thank you. Okay. Thank you.
[14:27]
Is there anyone who would like
to speak in opposition
[14:29]
to this application?
[14:33]
Okay.
Hearing
none, we back to the applicant.
[14:35]
Is there
any other additional comments
[14:36]
you would like to make?
[14:39]
The only other point
of clarification, and again
[14:42]
this is with respect
to the traffic study,
[14:43]
but the traffic study
that you have
[14:45]
was prepared in May
[14:46]
at the request of the Virginia
Highland neighborhood.
[14:50]
Again,
when we met with the broader
[14:52]
neighborhood back in February,
[14:53]
we were asked to prepare
a traffic study to address
[14:56]
what the impact would be on
Virginia Highlands specifically.
[15:00]
And Miss Eisenman
study was intended to identify
[15:05]
what kind of the worst case
scenario would be
[15:07]
if there was only a right in
right out,
[15:09]
which is why that was
what was studied.
[15:12]
Obviously,
if there is a left in allowed,
[15:14]
which is what we would ask for,
[15:16]
then that could improve
the traffic
[15:19]
on the Virginia Highland Street.
[15:20]
But we didn't
want to put that in a study
[15:22]
and then have the community
come back and say,
[15:24]
well, if you can't get that,
why does your study say this?
[15:27]
So I just wanted to give
a little background around
[15:29]
why the study refers to a right
and right out.
[15:33]
I will also note that
having this curb cut on Ponce de
[15:37]
Leon Avenue
[15:38]
is something that
requires relief
during the special
[15:40]
administrative permit process,
[15:42]
the City Office of Zoning
and Development
[15:44]
has the authority
to grant that or not.
[15:47]
And so to the extent
that this condition was removed,
[15:50]
the staff
still has the authority
[15:52]
to modify, restrict, deny
that variation at a later date.
[15:57]
We just would like it
to be pushed
[15:59]
to a later conversation
when maybe there's
[16:00]
more information about the
traffic available. Thank you.
[16:05]
Thank you.
[16:07]
We will now enter
deliberation questions
or comments from the board.
[16:11]
Any thoughts about the curb cut?
[16:19]
I was trying to look.
[16:21]
Having a little difficulty here
is there's a
[16:25]
a PED signal.
[16:26]
I don't know
if it's a hawk signal,
[16:28]
but there's a pedestrian
crossing in the middle of ponds,
[16:31]
and I'm trying to figure out
where
[16:32]
exactly that is in proximity
to the turn in
[16:35]
and turn out of this site plan.
[16:41]
So the pedestrian signal. Yes.
[16:43]
I might need to wait.
[16:45]
The pedestrian
crossing is an offset crosswalk,
[16:48]
and it's located on the far
west edge of the property.
[16:51]
The proposed driveway
is closer to the center.
[16:54]
There's about 75ft of storage
[16:58]
in case there are three cars,
but we 95th percentile cuz.
[17:03]
So 95% of the time you have one
car or less.
[17:06]
Okay, that's that
was the question I had about.
[17:14]
Miss Holmes.
I know that staff recommended
the right turn only.
[17:17]
Would you care to elaborate
as to why you thought
[17:19]
that was the most effective
approach?
[17:22]
Sure.
When staff was evaluating
this application
[17:25]
during our agenda
review, we have we are in
[17:29]
conversation with our land
planning coworkers in.
[17:32]
The request was made
at that time because of the
[17:35]
the traffic that is
on the possibly on corridor.
[17:38]
And so while Miss
Hill is correct
[17:41]
that during the SAP process,
[17:42]
the administrative variation
would be considered, we in
[17:46]
the office
have tried to look at projects
[17:49]
holistically
and not delay making decisions.
[17:53]
And this is a direct request
[17:54]
of a member of the land
planning team.
[17:57]
Okay.
[18:01]
Any other questions or comments?
[18:03]
I think I'm inclined to go
with the staff recommendation.
[18:08]
Anything else?
[18:09]
Okay.
[18:10]
I'm prepared to hear a motion.
[18:15]
Madam chair,
with respect to case number
[18:18]
Z 2638, I move that
this board accepts the stats.
[18:24]
Finding a fact.
[18:25]
Second motion made it properly.
[18:28]
Seconded.
All in favor, say aye.
[18:29]
Nay. A motion passes.
[18:32]
Madam chair, with respect
to case number Z 2638,
[18:37]
I move that this board
[18:38]
send forth a recommendation
of approval with the conditions
[18:42]
found on page
five and six of the case
[18:48]
found on the date of August
6th, 2026.
[18:52]
Second o the staff report.
[18:55]
Staff report. I'm sorry.
[18:57]
Staff report dated
August 6th, 2026.
[19:00]
Second motions
been made and properly seconded.
[19:03]
All in favor, say aye.
[19:04]
Opposed. Nay, a motion passes.
[19:07]
Next case. Business homes
Z 2639.
[19:10]
An ordinance by the Committee
to rezone from single family
[19:12]
residential Beltline
overlay to community businesses.
[19:15]
Beltline overlay for property
[19:16]
located at 1298 Donley
Avenue, Southwest, fronting 50ft
[19:20]
on the south side of Donley
Avenue.
[19:21]
Beginning at a nail
found on the southwest
[19:23]
right of way of Donley Avenue.
[19:24]
Set point being 48.67ft
southeast from its intersection
[19:28]
with the right of way
of Allegheny Street, 150ft.
[19:31]
Area 0.172 acres. Land lot.
[19:33]
139 14th District,
Fulton County, Georgia.
[19:36]
Owner D Jones.
[19:37]
Applicant Jamila Brown.
[19:38]
Input Council district ten.
[19:41]
Please go ahead and set your
name and address and proceed.
[19:45]
Good afternoon.
Jamila Brown 570 Piedmont Ave,
Northeast Elena, Georgia 30308.
[19:51]
This is a request for a rezone
from residential to commercial.
[19:56]
We understand that the community
around is already commercial.
[20:02]
So this is a simple request.
[20:05]
But this is a controversy
because of what's going there.
[20:08]
I just want the panel to know
that we have met with the NPU
[20:13]
on multiple occasions
in the franchisee, and the owner
[20:18]
and their in
their council
is working with the community
[20:20]
to come up
with a community agreement
[20:22]
that the neighborhood
would be comfortable with.
[20:24]
I just wanted to add that
that's all.
[20:29]
Okay.
Is that all your comments?
[20:32]
Okay. Go ahead. Have a seat.
[20:33]
Is there anyone else
who would like to speak
[20:35]
in support of this application?
[20:37]
Is there anyone who would
like to speak in opposition?
[20:41]
Okay.
Hearing
none, we will enter deliberation
[20:44]
questions
or comments from the board,
[20:47]
so I'm not sure
everyone is aware.
[20:51]
There have been additional
[20:52]
conditions that were proposed
by the neighborhood.
[20:56]
That staff has provided,
[20:59]
and have any thoughts
about that?
[21:04]
Okay.
[21:19]
Okay.
I'm prepared to hear a motion.
[21:21]
Madam chair,
with respect to case
[21:23]
number Z 2639,
[21:26]
I move that this board accepts
the staff training effect.
[21:31]
Second motion has been made
and properly seconded.
[21:33]
All in favor, say aye.
[21:34]
Opposed? Nay.
[21:37]
Motion passes.
[21:38]
Madam chair,
with respect to case number Z
[21:41]
2639, I move to this board.
[21:44]
Send forth
a recommendation of approval.
[21:48]
Second motion has been. Oh,
[21:53]
I thought we had additional
conditions.
[21:54]
With conditions? No.
[21:58]
The the.
[22:02]
Let's go back a second.
[22:03]
Back into deliberation. The
[22:07]
neighborhood.
[22:07]
Proposed conditions.
[22:09]
Staff
report does not have conditions.
[22:13]
Okay.
[22:14]
To repeat. Yes.
[22:17]
Madam chair, to speak to case
[22:19]
number Z 2639,
I recommend that this board send
[22:24]
forth
a recommendation of approval.
[22:27]
Second motion has been made
and properly seconded.
[22:30]
All in favor,
say aye. Opposed? Nay.
[22:32]
All right.
[22:32]
Motion passes.
[22:34]
Next case, please, is 2642.
[22:37]
An ordinance by Councilmember
Lillian Bakhtiari
[22:39]
to his own properties
located in 1801, 18 1618
[22:43]
1918, 20, 1824, 1828,
[22:46]
1832 and 1836 second
Avenue, Decatur, Georgia and 560
[22:50]
Fayetteville Road and 562
Fayetteville Road, Atlanta,
[22:53]
Georgia to the community
Business District.
[22:55]
596, 600 and 604 and 755 Ville
Road,
[22:59]
to the single family
residential and 735 Fayetteville
[23:03]
Road to the Honor
Industrial Office.
[23:05]
Institutional zoning districts.
[23:07]
Upon annexation
into the corporate limits
[23:09]
of the City of Atlanta
and other purposes.
[23:10]
MPO Council District five.
[23:12]
Madam chair,
I'll be speaking to this paper.
[23:15]
The properties to the properties
to be annexed
[23:17]
are south of the City
of Atlanta limits,
[23:19]
with frontage on Second Avenue
and Fayetteville
[23:21]
Road in unincorporated
DeKalb County.
[23:23]
The parcels are near
the city of Atlanta.
[23:25]
Eastlake neighborhood
in Council District five.
[23:28]
The properties comprise 101.
[23:31]
I'm Sorry comprise 15 parcels.
[23:33]
The eastern part of the area
is situated
[23:36]
next to the city of Atlanta
in unincorporated Kalb County.
[23:38]
All properties
proposed for annexation
[23:40]
have frontages on Second Avenue
or Fayetteville Road,
[23:43]
and the properties are improved
with non residential uses
[23:45]
such as a place
of worship and a school.
[23:50]
The. The intent to
[23:52]
the intent of the City
of Atlanta are for single family
[23:55]
residential district
is to provide for the protection
[23:57]
of existing
single family communities
[23:58]
and the development
[23:59]
of new communities
on lots of medium size
[24:01]
and a density
of not more than one dwelling
[24:03]
unit per square feet,
one dwelling unit per 9000ft.
[24:07]
Similarly, the intent of the 75
residential medium lot zoning
[24:10]
district in DeKalb County
is to provide for the protection
[24:13]
of neighborhoods
within the county
[24:14]
where lots of a minimum area
of 10,000ft, and to provide
[24:17]
for compatible infill
development in neighborhoods.
[24:21]
The intent of the Atlanta
[24:22]
C1 Community Business
District is provide
[24:24]
for medium intensity
retail and service
[24:25]
activities, and in areas
are already committed
[24:28]
to development
of this character.
[24:29]
Similarly,
the C1 local commercial district
[24:32]
in DeKalb County is to provide
convenient local retail,
[24:35]
shopping and service areas
within the county
[24:37]
for our residents
to provide for oriented
[24:39]
needs outside
of the neighborhood center, town
[24:41]
center, and regional center
character areas.
[24:44]
And lastly,
[24:44]
the intent of the City
of Atlanta Oni
[24:47]
Office Institutional District
[24:48]
is to provide
office, institutional
[24:50]
and residential development
with assessed
[24:52]
supporting services
but without general commercial
[24:54]
development and similarly,
the intent of county is provide
[24:58]
convenient areas
within the county
[24:59]
for the location of office
[25:00]
and institutional uses
[25:01]
which are necessary
for the residents and business
[25:03]
and professional practitioners
within the county.
[25:09]
As no new development
is proposed in connection
[25:11]
with this annexation,
the availability of other land
[25:14]
already zoned for the proposed
use is not applicable,
[25:16]
however,
because annexation into the city
[25:18]
of Atlanta requires
the assignment of zoning,
[25:20]
the city must designate
an appropriate
[25:22]
zoning classification
at the time of annexation.
[25:24]
The proposed zoning C1,
oh, and I
[25:28]
and R4 are in
[25:31]
line with its own indigenous
indi kalb counties in the cab
[25:34]
county, and land use patterns
[25:35]
thereby maintain the existing
balance of land usage.
[25:38]
The use is permitted under
the proposed
[25:40]
will positively contribute
to the character
[25:42]
of the surrounding
neighborhoods, as they are
[25:43]
substantially similar
to those most currently allowed
[25:46]
and already present under DeKalb
County Zoning Regulations.
[25:49]
Staff
recommendation is approval.
[25:53]
Thank you, Miss Holmes.
Is there anyone here
who would like to speak
[25:54]
in support of this application?
[25:59]
Yes, in support.
[26:01]
And remember to state your name
and address before you begin.
[26:05]
Elamin.
[26:07]
My home address is 2807.
[26:09]
Heads would drive.
[26:10]
Atlanta, Georgia 30311.
[26:16]
This is a most of this property.
[26:18]
Our community. Lana mosque.
[26:20]
Lana has owned
half this property for 50 years.
[26:24]
And then we began to acquire
other property.
[26:29]
We were trying to develop
[26:32]
the whole neighborhood
community.
[26:34]
And the city line
runs through the property.
[26:38]
But most of the property
is unincorporated DeKalb County,
[26:42]
so it makes it very difficult
to try to do the development
[26:46]
we want to do
in these two different
[26:50]
designations. So we
[26:52]
prefer to be bring everything
into the city of Atlanta.
[26:56]
And we've met with the city
on several occasions, and
[27:01]
they have been
very supportive of that.
[27:04]
We've also informed DeKalb
County of our intention, and
[27:09]
I can't say they have been
[27:10]
supportive of it,
but they understand.
[27:13]
Okay.
So I think that's it basically.
[27:16]
Okay. Thank you.
[27:18]
Is there anyone else
who would like to speak
[27:19]
in support of the application?
[27:22]
Is there anyone who would like
[27:23]
to speak in opposition
to the application?
[27:27]
Okay.
Hearing
none, we will enter deliberation
[27:28]
questions
or comments from the board.
[27:31]
Okay.
I'm prepared to hear a motion.
[27:33]
Madam chair, with respect
to case number 26 stands 42.
[27:38]
I move that this board of stars
[27:40]
finding effect second motions
been made and probably seconded.
[27:44]
All in favor, say aye. Opposed?
[27:46]
Motion passes.
[27:48]
Madam chair, with respect
to case number Z 2642,
[27:52]
I moved the sports in forth
a recommendation of approval.
[27:56]
Second motions
been made properly seconded.
[27:59]
All in favor,
say aye. Aye. Opposed. Nay.
[28:02]
Motion passes.
[28:03]
Next case, please,
miss Holmes Z 2643 and Ordinance
[28:06]
by Zoning Committee
designating the Peachtree Circle
[28:09]
Historic District,
located in land
lot 105 of the 17th district,
[28:12]
Georgia,
to the Overlays on Designation
[28:14]
of Historic District pursuant
to chapter 20 of the Zoning
[28:17]
Ordinance
of the City of Atlanta.
[28:18]
Rezoning from single family
and single family.
[28:21]
Landmark building
site to single family
historic district
[28:25]
in single family
landmark building
or site Historic district
[28:26]
amending the official
zoning map.
[28:27]
Adopting chapter
21 of the Zoning
[28:30]
Ordinance
of the City of Atlanta.
[28:31]
Repealing conflicting laws
and for other purposes.
[28:33]
MP Council, District six.
[28:36]
Thank you, Miss Holmes.
[28:37]
Please state your name
and address and proceed.
[28:40]
Madam chair, members
of the board, I'm Robert Reed.
[28:42]
I am part of the Office
of Design in the Department
[28:47]
of City Planning.
I am the head of the Historic
Preservation Studio,
[28:50]
and we are the applicant
in this case.
[28:52]
Earlier action taken
by the Urban Design Commission.
[28:57]
So the cities make a
thousands of land use decisions
[29:03]
over over time, and most respond
to the needs of the moment.
[29:07]
But occasionally community
is asked to make a different
[29:09]
kind of decision, a decision
about the physical quantity,
[29:12]
physical
qualities a city deserves.
[29:17]
Qualities of a city deserve
to endure for generations.
[29:20]
Historic district
designation is one of those.
[29:24]
It is one of zoning highest
purposes.
[29:26]
Every zoning regulation
represents a community judgment
[29:29]
that certain private decisions
have public consequences.
[29:33]
Setbacks protect light and air
[29:35]
height limits,
preserve neighborhood scale tree
[29:38]
and stormwater regulations,
protect environmental resources.
[29:42]
Historic district regulations
serve that same public purpose.
[29:47]
They recognize that certain
streets,
[29:49]
buildings, and neighborhoods
possess a significant
[29:51]
that extends beyond
[29:52]
individual ownership
because they contribute
[29:55]
to the character, identity,
and welfare of the entire city.
[29:59]
Peachtree
circle is one of those places.
[30:01]
There are moments in history
when circumstances,
[30:03]
circumstance,
vision and opportunity
[30:05]
come together
to create something that
[30:07]
simply could not be replicated
today.
[30:09]
Atlanta itself
was born of such a convergence
[30:12]
the westward
expansion of a young nation,
[30:14]
the advent of the railroads,
[30:16]
the unique geography of bridges,
bridges, and water
[30:20]
that determined
where this city would grow.
[30:23]
Peachtree circle represents
another of those moments
[30:25]
when nationally significant
planning ideas,
[30:29]
exceptional landscape design,
distinguished architecture,
[30:32]
and visionary development
combined
[30:34]
to create one of Atlanta's
most recognizable streets.
[30:37]
To understand
where we are going as a city,
[30:39]
we must first understand
how we arrived here.
[30:42]
Historic
designation is one of those ways
[30:45]
we preserve that understanding.
[30:48]
Beginning last
December, proponents sponsored
[30:50]
two public meetings
to discuss this proposal.
[30:54]
The city then conducted
two additional public meetings
[30:56]
where residents shared concerns,
suggestions, and ideas.
[31:00]
Those conversations
[31:01]
produced meaningful refinements
to the proposed regulations.
[31:05]
Most recently, the Park Zoning
Committee conducted its own
[31:09]
public hearing recommending
additional refinements,
[31:12]
and the annually Park
Civic Board.
[31:14]
Civic Civic Association
[31:16]
board affirmed the committee's
findings, as did MPU.
[31:20]
Those recommendations
have likewise
[31:21]
been incorporated into
the proposal before you tonight.
[31:25]
This has been a deliberate
and deliberative process
[31:27]
with multiple opportunities
for public participation.
[31:31]
A clear majority of property
owners who have expressed
[31:34]
an opinion to the Historic
Preservation Studio
[31:39]
are in support
of this designation.
[31:43]
Those materials are
also included in your package
[31:45]
every email
and petition we received.
[31:49]
Everyone
who is participating in this
[31:52]
in this discussion,
including those
[31:53]
who oppose designation,
has demonstrated
[31:55]
something important
they love Peachtree Circle.
[31:59]
The question
before this board is not
[32:00]
whether
Peachtree Circle is special.
[32:02]
The question is
whether Atlanta's
[32:04]
zoning
ordinance should recognize
[32:06]
and protect the public value
[32:08]
of one of Atlanta's
defining residential landscapes.
[32:12]
Tonight, you are not simply
considering another zoning case.
[32:15]
You are deciding whether
one of Atlanta's most important
[32:17]
historic places should receive
the same thoughtful stewardship
[32:21]
that our zoning ordinance
[32:22]
already provides to
so many other public interests.
[32:26]
You are deciding whether.
[32:30]
All right.
For that reason,
we respectfully ask your
[32:32]
for your recommendation
to in support of the Peachtree
[32:34]
Circle Historic District.
[32:36]
I'll reserve the rest of my time
for rebuttal.
[32:38]
Thank you sir.
[32:40]
Is there anyone else
who would like to speak
[32:41]
in support
of the application at this time?
[32:46]
The Robert support?
[32:48]
Nope. Nope.
[32:49]
You need it. Okay.
[32:51]
I want all the rebuttal time.
[32:53]
Okay.
[32:54]
Is there anyone who would like
[32:55]
to speak in opposition
at this time?
[33:04]
Hello.
My name is John Jordan
and I live at 48
[33:06]
Peachtree Circle, Atlanta,
Georgia.
[33:07]
30309.
[33:09]
I'm speaking
against the proposed
[33:11]
historic district
and asking that you not accept
this overlay proposal.
[33:16]
The main reason
I'm going to speak tonight
is there
simply is not overwhelming
support for this.
[33:19]
It's amongst the residents
[33:21]
of the district,
of the proposed district.
[33:22]
It's it is contested
in the numbers. Prove it.
[33:25]
The city's own count puts it,
puts this at around
[33:28]
52% of the impacted properties
being in favor.
[33:32]
We've identified over
[33:33]
42% of people that have said
they are not in favor.
[33:37]
There are some folks
who have chosen
[33:38]
not to participate
for whatever reason,
[33:41]
but I think you should
look at that
[33:44]
52% and understand
what's underneath it.
[33:48]
Of that 52%,
ten of the properties
[33:51]
in favor
are inside of one structure.
[33:54]
This is a condo apartment
[33:56]
within the within
the proposed district.
[33:57]
And I'm not proposing
that those people
[33:59]
should not have a say in this,
but it is different when they do
[34:02]
not currently have the ability
to redevelop their own property,
[34:06]
change the facade
because they are part of an HOA.
[34:09]
It is simply different
than the other
[34:12]
than the other parts
of the other parcels
that are weighing in.
[34:14]
And I would ask you to consider
that second wind park,
[34:18]
a property owned by the city,
is also in the city's numbers.
[34:22]
Not certain
why that was included,
[34:24]
but I'm not certain
why this city has a vote in this
[34:27]
in a park
that isn't going to change
[34:31]
when you adjust the numbers
for that,
[34:32]
the support for the city falls
below 50%.
[34:35]
In fact, it's around 45,
[34:38]
giving the condominium
one vote and giving one part
[34:40]
no vote and removing them
from the denominator.
[34:42]
So I would just ask
you seriously consider the
[34:45]
level of support for this.
[34:53]
Hello, my name is Andy.
[34:55]
I live at 158 Peachtree Circle,
and I'm one of the properties
[34:59]
directly impacted
by this proposed designation.
[35:03]
I think it's worth
pointing out to corrections.
[35:05]
One, they showed the Maryland
condo building
[35:09]
that's not actually on Peachtree
Circle.
[35:11]
It's on 17th Street,
and they showed the Randolph
[35:14]
Lucas Jones house,
which was a house
[35:16]
at the intersection
of Lindbergh and Peachtree
[35:20]
that was moved to Peachtree
Circle
[35:22]
after another house was
demolished about 20 years ago.
[35:25]
So they're using homes
that have actually been moved
[35:29]
to the street
or are not on the street
[35:31]
as indicative of
what's on that street.
[35:36]
I'm here to ask the board
for a 60 day continuance
[35:39]
of any of this decision
on this matter,
[35:41]
so that I can obtain, at my own
expense,
[35:44]
an independent appraisal report
on the actual impact
[35:48]
this designation would
have on our property values.
[35:52]
When I asked
the Department of City Planning
[35:54]
how this designation
would impact
[35:56]
property
values on our street, Mr.
[35:58]
Reed directed me to the Fulton
County tax records.
[36:01]
Respectfully, that data
does not answer the question.
[36:06]
Tax records tell you what
a property is worth today
[36:10]
on a current zoning,
not what happens that value.
[36:13]
Once a regulatory restriction
is layered onto one street
[36:17]
while every comparable home
nearby remains unrestricted.
[36:22]
This afternoon, Mr.
[36:23]
Reed sent me
an unpublished analysis
[36:26]
of historical city
of Atlanta neighborhoods
[36:30]
versus unrestricted
[36:35]
neighborhoods.
But again,
that is not the issue here.
[36:38]
There is actually
a published, peer
[36:41]
reviewed research showing
that while
[36:46]
showing that
while a whole neighborhood
[36:48]
historic designation
can increase property values,
[36:52]
applying the same designation
to just a subset
[36:54]
of a neighborhood tends
to decrease that value.
[36:58]
And I'm aware of only
two instances of a single street
[37:02]
or sub designation in the city
of the City of Atlanta.
[37:06]
The first is Baltimore Block,
[37:09]
a commercial block converted
from abandoned townhomes
[37:11]
into office spaces
next to Emory Midtown.
[37:15]
Not comparable.
[37:16]
And Sunset
[37:17]
Avenue, home to Doctor
[37:18]
Martin Luther King Manor,
Jackson and Julian Bond,
[37:21]
which is a street of national
and international civil rights.
[37:25]
Significance.
[37:27]
Peachtree circle has
no comparable historic value.
[37:32]
Fulton County
records show our streets total
appraised value is $159,272,800.
[37:39]
Every indication is
that our values will decline
[37:42]
as buyers choose unrestricted
alternatives nearby.
[37:46]
Even a conservative
5% decline is a cumulative
[37:49]
$8 million loss of value,
and also loss of tax bases
[37:54]
for the city.
[37:57]
This proposal,
such a dangerous precedent
for the erosion of the city's
[37:59]
tax bases
and other neighborhoods
[38:02]
where single street
historic designations
may be implemented in the future
[38:05]
before taking a step
that could cost the city
[38:07]
millions in tax revenue,
that impact should be studied.
[38:11]
It is not.
[38:13]
That's why
I'm requesting 60 days to obtain
[38:15]
this appraisal report
from an independent appraiser,
[38:20]
who will make available
at the next session
[38:23]
at the continuing hearing.
[38:25]
Thank you.
[38:27]
Thank you sir.
[38:28]
Is there anyone else who would
like to speak in opposition?
[38:36]
Thank you.
[38:37]
Ladies and gentlemen of the XB.
[38:41]
My name is Michael Hanlon.
I'm a former member of the board
of the Park Civic Association,
[38:45]
and I will not reiterate
the points I made
[38:47]
in the submission I filed
with the Derby yesterday.
[38:52]
And focus on two points.
[38:53]
Specifically how the APCs action
[38:56]
in this we.
[39:00]
I was a board member
both in 2025
[39:04]
when the board adopted
[39:05]
its neighborhood plan,
and until last Wednesday,
[39:09]
when the board adopted
the resolution that
[39:13]
accepts the recommendation
of the zoning committee.
[39:17]
And the point I want to make
[39:20]
is that our neighborhood
conservation
[39:21]
plan does not support
historic designation.
[39:24]
In fact,
it does the exact opposite.
[39:27]
First of all, by its clear
and explicit
[39:31]
wording that every produced
in my letter to you.
[39:34]
And secondly,
if that were not enough,
[39:36]
and I was quite shocked to hear
my colleagues on the board
[39:39]
say that no, in fact,
this conservation study does
[39:43]
support
historic designation. Admit
[39:45]
there's a sentence in there
somewhere that says that.
[39:47]
But I'd like to read to you
from the minutes of that meeting
[39:51]
that are publicly available
on our website for all to read.
[39:55]
And so when it gets to the point
and the discussion
[39:59]
focused on the study
recommendation five,
[40:01]
there was also some discussion
focusing on the references
[40:04]
to Ansley Park's inclusion
in the National Register
[40:07]
of Historic Places,
and that attempts to pursue
[40:10]
historic designation for
the neighborhood had not passed.
[40:13]
Mr. Brown, the APC board
president, emphasized
[40:17]
that those references
were included expressly convey
[40:21]
that the
[40:23]
plans purpose was limited
to working with existing
[40:26]
zoning code regulations
for the neighborhood,
[40:29]
and not a disguised attempt
at reintroducing the constraints
[40:32]
of historic designation
on Ansley Park residents.
[40:37]
There was some disagreement
[40:38]
on one of the recommendations,
[40:42]
and ultimately
the board approved the plan.
[40:45]
On that basis, both myself
and the previous speaker,
[40:49]
John Jordan, who is also
a board member at the time.
[40:52]
The only reason we supported
this was
[40:54]
that plan was expressly
to not find ourselves
[40:58]
in the situation
where we are today.
[41:00]
That is the first point
I will make
[41:02]
and the second point
I will make.
[41:03]
Coming to the recommendation
very briefly,
[41:06]
is that the recommendation,
or rather
[41:08]
the resolution
that was adopted by the board,
[41:10]
is very carefully worded.
[41:12]
It does not say
[41:13]
supporting of historic
designation is does not say
[41:16]
this is a great idea
for the neighborhood.
[41:18]
What it specifically says
is that
[41:22]
we accept the recommendation
of the zoning committee,
[41:26]
and the entire point of that
was for the board to say, well,
[41:33]
the zoning committee
came to its conclusion.
[41:35]
It seems to have done its job,
and therefore
[41:39]
we will accept
that recommendation.
[41:41]
But it doesn't go
any further than that.
[41:43]
It should not be interpreted
as anything broader than that.
[41:47]
Other than that,
I refer back to the materials
[41:49]
I've already filed
and I thank you for your time.
[41:53]
Thank you sir.
[41:55]
How much time remains for that?
[41:56]
I should just add that
I sent a copy of the minutes
[42:00]
to the NPU website,
as I realized I hadn't included
[42:04]
my original submissions.
My apologies. Okay.
[42:06]
Thank you. How much time remains
for the opposition?
[42:09]
Two 1703
17 remains for the opposition.
[42:13]
Okay.
[42:17]
Hello, my name is Deja Carter.
[42:19]
I live at 21 Peachtree Circle,
and in one of the homes
[42:23]
that would be impacted
by this decision,
[42:26]
my neighbors
made some great points.
[42:27]
I will not be labor those
in the time that we have left.
[42:30]
I'll just mention two
that haven't come up yet.
[42:33]
The first is the precedent
that we would be setting here.
[42:36]
If you acknowledge Peachtree
Circle as a historic district,
[42:39]
I think in all of the references
that I have emailed to you
[42:43]
in 2022, the entire neighborhood
had an opportunity
[42:46]
to become a historic district,
and that was summarily rejected.
[42:50]
If you select Peachtree Circle,
it gives the opportunity,
[42:54]
one street at a time,
for the neighborhood
[42:56]
to be designated
as a historic district,
[42:58]
which was not requested
or required at that time,
[43:02]
creates a patchwork
of inconsistent regulation,
[43:05]
and it is not in the board's
best interest,
[43:09]
I think, to have that.
[43:10]
The second point
that I want to call out
[43:14]
is there's an uneven
and disproportionate burden
[43:17]
on specific homeowners.
[43:18]
Peachtree circle is a street
with mixed error homes,
[43:23]
and the regulations
would apply unevenly.
[43:26]
There would be a greater
financial burden on the homes
[43:28]
that are newer,
including my own,
[43:30]
who still have to apply
to some of the designations.
[43:36]
Mr. Reed
is going to tell you
that our designations
[43:38]
are lighter
because we are newer.
[43:39]
That is true.
[43:40]
If some significant
[43:42]
thing happens to my home,
I can either rebuild
[43:45]
exactly as it is.
[43:46]
I think we all know what happens
[43:48]
when we try to match something
that was once was, or
[43:51]
I have the option of rebuilding
in the historic era.
[43:55]
I bought a home built in 2006.
[43:57]
I do not want one that reflects
an era of historic designation.
[44:01]
That's not.
[44:02]
It's just not what I wanted.
[44:03]
And I think that the
[44:05]
requirements on those types
of homes are unfair. The.
[44:12]
The last point is that.
[44:18]
So I guess I'll end
with saying that it
[44:20]
that this is a permanent,
[44:22]
uneven and financially
burdensome designation
[44:25]
being advanced without clear
community support. As Mr.
[44:27]
Jordan noted, our own numbers
via the zoning board
[44:31]
who did approve, indicated 50%
more opposition than support.
[44:35]
However, members
of the zoning board themselves
[44:38]
were personally vested in this,
and that is my personal opinion
[44:41]
of why they approved it
and why the APC board
[44:44]
across the board
supported it as well.
[44:46]
Thank you,
[44:48]
thank you.
[44:50]
Is there anyone else who would
like to speak in opposition?
[44:57]
And how much time remains
for the opposition?
[44:59]
Now, 56
seconds can be very brief.
[45:05]
My name is Henry Lapeer.
I live at 175 Peace Circle
and one of the affected homes.
[45:08]
Just to build
off the discussion before,
[45:12]
while we've had a process to
[45:14]
revise the regulations
once the city became involved,
[45:19]
we've never had an opportunity
to contest the actual borders
[45:22]
or involve our neighbors
about why we selected
[45:24]
just this part of our larger
neighborhood.
[45:27]
The historic character
neighborhood
extends through all of it.
[45:28]
They show the entire
map of the Olmsted.
[45:30]
They selected one street,
[45:32]
and there's
some curious inclusions,
[45:33]
including that condominium
[45:34]
in the park,
which seemed to predispose
[45:36]
a certain conclusion
to this process.
[45:38]
The net effect,
whether that was intentional
[45:40]
or not, is to disenfranchize
those of us that oppose
[45:42]
and cannot
give us an opportunity
[45:43]
to have an opinion
about where those boundaries lie
[45:46]
and how they affect us
and the larger neighborhood.
[45:48]
This is a discussion
that needs to happen
[45:50]
for all the neighbors
in this neighborhood.
[45:53]
Not to leave
us, a few of us handling the
responsibilities for ourselves.
[45:56]
I'll leave you with that.
Thank you.
[45:58]
Thank you.
[45:59]
That's time for the opposition.
[46:04]
How much
time remains for the applicant?
[46:07]
Or actually
for those in support?
[46:09]
The city is the applicant.
[46:11]
Four minutes, 15
for 458 remains.
[46:18]
You can't provide
[46:19]
additional materials.
[46:32]
Mr. Gandhi had
[46:34]
mentioned a study,
and fortunately, we were able to
[46:37]
track that study down.
[46:38]
And and our team who does
[46:42]
these is doing this ongoing
study that found no significant
[46:47]
difference
between neighborhoods.
[46:49]
His contingent,
of course, is about streets.
[46:51]
But I'll ask you to sort of
think about the
[46:53]
the designated neighborhoods
in the city, in the park,
[46:58]
Grant Park,
you know, Collier Heights and
the surrounding neighborhoods.
[47:01]
And if you
[47:02]
if you see
[47:03]
substantial differences
in values
[47:05]
there, where the neighborhood,
the designated neighborhood
[47:08]
is less value
than the neighborhood
[47:10]
just outside, that's a similar
sort of comparison.
[47:12]
I think we can all sort of
see that one.
[47:14]
That said, the
[47:17]
the report itself, the the
[47:19]
study that was cited,
even in its
[47:24]
findings,
the authors describe the
[47:27]
designation
as having a negative effect,
[47:28]
but they also expressly stated
[47:30]
that the result is such
that we cannot even
[47:33]
exclude the possibility
that the delta is zero,
[47:35]
and that the estimated effect
[47:37]
had a confidence
level of only 40.5%.
[47:40]
So some serious considerations
around that study.
[47:45]
The other points,
just to be clear,
[47:48]
the city parks
department in Wind Park
[47:50]
is supportive
of this designation.
[47:51]
They believe that the the
historic materials in the park
[47:55]
are something to be preserved,
[47:56]
and they appreciate
our interaction with them.
[47:59]
And so to the degree
that we count that as support,
[48:02]
we we do so.
[48:05]
I think the math on the
[48:07]
the level of support
was a bit of a stretch.
[48:10]
So I'm just going to leave
that one to be what it is.
[48:13]
And then the question of
[48:17]
property rights and
[48:19]
values, I think that we
[48:24]
you know,
I've sort of spoken to the value
piece of this as well.
[48:25]
But the the property rights in
particular, the, the idea that
[48:30]
that every home is privately
owned is substantial.
[48:34]
And there's this is a very light
touch regulation.
[48:38]
We are very
[48:40]
we are really focusing on simply
[48:42]
the preservation of
of the facades in particular
[48:44]
and their relationship
to the streets.
[48:46]
I think some of the pictures
you've seen where the houses
[48:49]
have been demolished
and the lots have been scraped,
[48:53]
sort of speaks
to what the changes can happen
[48:56]
around such teardowns,
and that we have the opportunity
[49:01]
to say that this
some of these buildings are,
[49:06]
and their relationship
to the street and relationships
to the landscape are
[49:09]
are a true public interest.
[49:11]
And that's our opportunity here.
[49:13]
And what I'm
going to leave you with tonight,
[49:14]
and then I will leave
for the rest of my time
[49:17]
for someone to come up
[49:18]
for some of the additional
supporters to come up.
[49:21]
How much time is left?
[49:24]
210 remains.
[49:29]
David go first
and then Miss Lyman.
[49:31]
All right.
[49:36]
Hello, everybody.
I'm Joan Lyman, and I reside at
116 Peachtree Circle.
[49:40]
And all the conversations
that have been happening
[49:42]
about hardship
and reconstruction.
[49:44]
And if there's issues
for your home.
[49:46]
My home was finished in 1915.
[49:49]
It was acquired by a family that
lived there for over 75 years.
[49:53]
And that was Daniel
Rich and his family.
[49:56]
When I purchased it at no.
[49:58]
Nine, my inspection
report was 400 pages.
[50:02]
My bank pulled out of it
and had to buy it for cash.
[50:04]
I am still in the middle
of the renovation
[50:07]
and restoration
of that property.
[50:09]
Even now,
with the historic district
[50:11]
and the conditions
that's going to put on is,
[50:13]
I still feel enlightened
and hopeful and very supportive
[50:18]
that I will get through this,
this report of 400 pages.
[50:23]
I'm halfway through.
I have another 200 pages
of problems, but in no way does
[50:27]
interim controls affect
or inhibit
[50:30]
the the cost of doing it,
as well as the value of my home
[50:35]
in the future.
I just hope you will consider
this, because our property
[50:39]
on Peachtree Circle is a place
that those before us
[50:44]
thought of leaving
something of historic value,
and we'd like to continue that.
[50:47]
Thank you for your time.
[50:49]
Thank you. And 1 or 2 remains.
[50:55]
David Mitchell,
327 Saint Paul Avenue, southeast
Atlanta, Georgia 32312.
[50:59]
One of the homes
that was exhibited
[51:00]
here was the Randolph
Lucas Jones home.
[51:02]
It already is a local
landmark. It's been landmarked.
[51:04]
This committee
did this about a year ago.
[51:06]
It's already shown
the significance.
[51:08]
All we're doing
is asking you to build upon
[51:09]
what is already established,
contributing
[51:11]
significant component
of the city of Atlanta.
[51:13]
You're making it landed
right with this vote.
[51:15]
You're doing something
that's going to change
[51:16]
and impact people
for the generations to come.
[51:18]
We ask you
to be very thoughtful of this
[51:20]
and beseech you
to allow this move forward.
[51:22]
As the Executive Director,
Atlanta Preservation Center,
[51:24]
I can assure you
that historic properties,
[51:26]
historic homes
only continue to go up in value.
[51:30]
And I can assure you that.
Am I happy to provide
information at a later date?
[51:31]
Thank you very much. Thank you.
[51:34]
Anytime. We.
[51:37]
28 seconds remaining,
is there any additional comments
[51:40]
that we would like to make
in support of the application?
[51:46]
Wrap up the 28 seconds.
[51:47]
I think you can understand
[51:48]
the sort of passion that
the proponents of this have,
[51:51]
and that their work
for many years
[51:55]
in this past year in particular,
has been substantial to
[51:58]
to guard the support
that we have.
[52:00]
And so please do refer to some
of those supporting emails and
[52:06]
petitions. Thank you.
[52:08]
Thank you sir.
[52:12]
We will enter deliberation now.
[52:14]
Questions
or comments from the board.
[52:17]
I had a couple of questions.
[52:20]
Our thoughts.
First of all, isn't Atkins Park
in Virginia Highland?
[52:24]
Wouldn't that be another example
[52:25]
of a single street
in a neighborhood
[52:27]
that has a historic designation
when the neighborhood does not?
[52:32]
In Virginia Highlands
first, the Bonaventure, Somerset
[52:36]
designation was in place, then
[52:39]
Bonaventure,
Somerset was wrapped into
[52:44]
another historic
district that I can't remember.
[52:47]
Plenty Highland
[52:50]
Historic historic designation
or historic district?
[52:53]
I'm sorry, Historic district.
[52:55]
Okay, but Atkins, I thought
maybe his park is separate
[52:59]
and it is a in C district.
[53:03]
Okay,
[53:05]
my other question was,
[53:07]
I don't know if you have
this history, Miss Homeless, but
[53:10]
when the full neighborhood came
before the city.
[53:16]
Well, actually, I'm sorry.
Maybe the full neighborhood
didn't come before the city
[53:17]
because it wasn't
able to get past.
[53:18]
Do you have any of the history
that you could provide about
[53:21]
the park has attempted.
[53:23]
Ansley Park has attempted
historic designation
[53:26]
at least two times, I believe,
[53:29]
since I have been in the city,
and I do believe
[53:31]
they have attempted at one time
prior to that.
[53:34]
So at least three times.
[53:35]
Ainslie Park
as a full neighborhood
[53:38]
has attempted
to become a historic district
and each time that has failed.
[53:41]
Do you have an idea as to what
the kind of general
[53:45]
vote percentages were?
[53:46]
I mean, what are we looking at
kind of 5050?
[53:48]
Or was it generally way. No, no.
[53:53]
And Miss
Freezes is Miss
Freeze here tonight Jennifer.
[53:55]
Freeze. She's not.
[53:58]
And she was the person
who was leading the last effort
in Ansley Park.
[54:01]
And she could probably speak
to the specifics of those.
[54:03]
There are a couple of people
in the audience
[54:05]
who are raising their hands
as if they could speak.
[54:06]
I know
we are an executive session,
[54:07]
so we're not really allowed
to get feedback
[54:09]
from individuals,
I appreciate it.
[54:11]
Some of y'all probably do have
some history in that, but.
[54:18]
I'm personally torn this.
[54:21]
I live in Candler
Park and I have watched
our neighborhood
[54:23]
try many, many times
to go through
[54:24]
historic district designation.
[54:26]
And it never succeeds
because in my personal opinion,
[54:31]
decades ago,
I think there was a little bit
more community connection
[54:33]
to the neighborhood
and a little less
[54:35]
private property values,
[54:37]
which is why neighborhoods
like Inman Park
[54:38]
were able to get it
through many moons ago.
[54:40]
But Candler Park still can't
and probably never will.
[54:44]
I think there's
real value with homes like this
[54:46]
for historic
district designation,
[54:48]
but I'm a little concerned about
the street street approach.
[54:52]
I miss homes,
as anybody on staff
[54:54]
have any concerns
about that kind of approach.
[54:57]
Or do you think that's
actually the best way to go
when a full name?
[54:58]
I don't think it's a street
to street,
[55:00]
a street to street approach.
[55:01]
I think that Randolph Lucas
inspired the persons
[55:06]
who live on Peachtree Circle
to consider this.
[55:09]
I don't think that
this will mean that
[55:11]
the overall Ansley Park
will then consider
[55:15]
a historic designation.
[55:16]
It has failed twice before,
[55:18]
and so I don't have
any confidence
[55:20]
that Ansley Park
will become a historic district.
[55:22]
I believe that the folks on
[55:23]
Peachtree
Circle have made a decision.
[55:25]
And it
is before you all tonight.
[55:31]
Any other questions or comments?
[55:33]
Mr. Reed, can you explain?
[55:36]
I mean,
I've read in the documents
[55:39]
that were provided,
give some high level discussion
[55:43]
on what the requirements will
actually mean for homeowners.
[55:49]
Certainly.
So the the as I mentioned
in the presentation,
[55:50]
the the focus is on
the public realm.
[55:52]
So the importance is, of course,
the historic buildings
[55:56]
and their relationship
to the street as they are.
[56:00]
Peachtree circle is features
[56:03]
that Olmsted and design
where it's a variable setbacks.
[56:06]
And so currently
what we're seeing is that
[56:09]
houses will be torn down,
move to the allowed setback
[56:13]
of the underlying
zoning and interrupt the sort of
[56:16]
pattern of the street.
So that's one of the things
that this
[56:20]
ordinance would address,
this regulation would address.
[56:23]
So the setbacks become assigned
to your neighboring properties,
[56:29]
and also the sort of
sense of scale and relationship
to the existing buildings.
[56:32]
Those are important elements
as well.
[56:34]
The front facades are would
remain in place.
[56:38]
They would be required
to be part of the
[56:41]
of any sort of redevelopment.
[56:43]
But the basically rear additions
would be allowed up
[56:47]
to sort of 20ft
from the front facade.
[56:51]
So theoretically you would
be able to reconstruct the house
from that point back.
[56:55]
And even on the front facades,
you would be allowed to update
[56:58]
the windows and change doors
and whatnot.
[57:01]
Generally speaking, inside
of a compatible renovation
[57:04]
or a compatible addition
that follows the
[57:07]
the style of the
house and then new houses. A
[57:12]
we the the neighborhood
as part of the zoning committee
[57:15]
made some recommendations
that we have the styles
[57:18]
of the houses of styles
of the period of significance
[57:22]
be the sort of basis of that,
but that new houses
[57:24]
would need to be compatible
with those
[57:26]
if a house were to be lost.
[57:30]
And also,
you know, noncontributing houses
[57:32]
are also allowed
to be demolished still.
[57:35]
And so there is
[57:37]
a substantial number
of contributing houses,
[57:38]
which is the beauty
of this neighborhood.
[57:40]
But the noncontributing houses
would allow to be demolished.
[57:45]
Generally speaking,
they would have to follow
their existing footprint,
or they would have to
[57:48]
meet the requirements
of the new regulations.
[57:50]
And we did address
the sort of conditions of what a
[57:54]
the various conditions.
[57:55]
If there's
a catastrophic loss of a
[57:59]
contributing house,
you would have to follow those
[58:01]
that basically the same style
that you had,
[58:03]
but not contributing houses
have the option to build back
[58:05]
what they had to follow
the new house regulations.
[58:10]
So a noncontributing structure
would not need a type four.
[58:14]
Or was it a type
four application?
[58:16]
Correct.
[58:19]
Would it be?
It would be a redevelopment
[58:20]
of a of a Noncontributing
structure would be
[58:24]
considered
as part of a type three, type
[58:27]
three development.
[58:35]
Okay.
I'm prepared to hear a motion.
[58:38]
Madam chair,
with respect to case number
[58:41]
Z 26 dash 40.
[58:46]
I'm sorry.
[58:47]
Three Z 2643
[58:52]
I recommend that this board
accept the state's finding fact.
[58:55]
Second motion
been made and properly seconded.
[58:58]
All in favor,
say aye. Aye. Opposed? Nay.
[59:00]
Motion passes.
[59:02]
Madam chair, with respect
to case number Z 2643,
[59:07]
I recommend that this board
setting forth a recommendation
[59:10]
of approval, second motion
been made and properly seconded.
[59:14]
All have ever say in opposed
nay a motion passes
[59:20]
you 2610
an ordinance by Zoning Committee
for a Special Use Permit
[59:22]
for Commercial Recreation
pursuant to section 1618 I007
[59:27]
for property
located at 3035 Peachtree Road,
[59:30]
305ft Tree Road,
northeast number 235 and 3027
[59:33]
Bowling
Way northeast fronting 100.6ft
[59:36]
on the south side of Buckhead
Avenue,
[59:37]
commencing at a scribe
[59:39]
set at the intersection
of the north right of way
[59:40]
line of Buckhead Avenue
and the easterly
[59:42]
right of way of Peachtree Road.
[59:44]
Deadline 46.53ft.
[59:46]
Area .94 acres.
[59:47]
Land lot 9917, Bishop County,
Georgia.
[59:50]
Owner and applicant J.P.
[59:52]
Buckhead Village LLP.
[59:55]
Care of Ana Maria
means dentist, US,
LLP, NPB Council District seven.
[1:00:00]
This is anyone
here who would like to speak
[1:00:02]
in support of this application.
[1:00:03]
And please
state your name and address.
[1:00:08]
Good evening,
chair and members of the board.
[1:00:10]
My name is Alexis Cromartie.
[1:00:11]
I am an attorney at Dentons US
LLP, located at 303
[1:00:16]
Peachtree Street Northeast,
Atlanta, Georgia 30308I
[1:00:22]
am here on behalf
of the applicant, Jamestown
Properties, specifically J.P.
[1:00:26]
Buckhead Village, L.P.,
in support of the application
[1:00:29]
for a special use permit
[1:00:30]
for commercial recreation
at 3035 Peachtree Road.
[1:00:34]
3035 Peachtree Road is located
within the Buckhead
[1:00:37]
Village district,
which is a mixed use development
[1:00:40]
owned and operated
by Jamestown Properties.
[1:00:43]
The applicant seeks a special
[1:00:45]
use permit for the use itself
within an existing building.
[1:00:48]
This is not a rezoning
and not a new development.
[1:00:51]
The use here is to operate
a commercial
[1:00:53]
recreational facility,
specifically a full service gym,
[1:00:57]
within 42,432ft of
[1:01:01]
of interior space
and 3182ft of exterior terrace.
[1:01:08]
The gym will occupy space above
the existing sidewalk level.
[1:01:12]
Retail uses.
[1:01:13]
In the same portion of
[1:01:14]
the development as the existing
Spanx headquarters near
[1:01:18]
Rolex and Carmel Restaurant.
[1:01:21]
The facility will include
[1:01:23]
exercise studios
for yoga, pilates, and cycling.
[1:01:29]
Excuse me,
[1:01:30]
an open gym for strength
training and cardio,
[1:01:33]
an accessory, fitness terrace,
a spa,
[1:01:37]
a cafe and juice bar, a member
lounge and locker rooms.
[1:01:41]
Importantly, there will be no
basketball courts, no tennis
[1:01:44]
courts, no swimming pools
or other sports courts.
[1:01:47]
No new structures will be built.
[1:01:49]
This use is completely contained
within the existing building,
[1:01:54]
fitting seamlessly into the
established mix of retail,
[1:01:57]
office and dining uses already
operating in the district.
[1:02:01]
The property is located
[1:02:03]
on the east side
of Peachtree Road
[1:02:04]
between Buckhead Avenue
and Far Road.
[1:02:07]
It's zoned Spy nine SA1.
[1:02:10]
The Buckhead Village
development has operated here
[1:02:12]
for over a decade
and received its SAP in 2012.
[1:02:17]
Vehicles will use existing
curb cuts on Peachtree Road
[1:02:20]
and Buckhead Avenue.
[1:02:21]
We project approximately
250 vehicular trips a day,
[1:02:25]
and we also anticipate
that area residents will walk
[1:02:28]
or use alternative
transportation.
[1:02:30]
No road
improvements are necessary.
[1:02:33]
The development includes
760 existing parking spaces
[1:02:37]
in the adjacent
parking structure,
[1:02:39]
which is more than adequate
to serve this use.
[1:02:41]
The majority of activity occurs
indoors.
[1:02:44]
The exterior terrace
includes rubber flooring, turf
[1:02:47]
and planters, and is generally
not visible from the street.
[1:02:51]
We do not anticipate
any additional noise,
[1:02:54]
glare or light impact.
[1:02:56]
The gym will be open from 5 a.m.
[1:02:58]
to 11 p.m.
[1:02:59]
Monday through Friday,
and 7 a.m.
[1:03:01]
to 9 p.m. on weekends
and holidays.
[1:03:04]
The Fitness Terrace
will open at 7 a.m.
[1:03:07]
daily.
There will be approximately
65 employees on rotation
[1:03:10]
seven days a week.
[1:03:11]
We presented this application
to Neighborhood
[1:03:15]
Planning Unit B and received
unanimous approval.
[1:03:18]
The community recognizes
that this is an appropriate
[1:03:20]
commercial use within an
existing mixed use development.
[1:03:24]
This application
adds an appropriate,
[1:03:26]
low impact commercial
use to an established mixed
[1:03:29]
use development,
with existing infrastructure,
[1:03:31]
parking and access
already in place.
[1:03:34]
It is consistent
with the character
[1:03:36]
of Buckhead Village
neighborhood.
[1:03:38]
On behalf of Jamestown
Properties, we respectfully ask
[1:03:41]
that this board approved
the Special Use Permit
[1:03:44]
for an indefinite
period of time.
[1:03:48]
Given the tenants
substantial investment
[1:03:50]
in this project and significant
capital outlay required,
[1:03:56]
excuse me in a definite Sup
[1:03:58]
would provide
the necessary stability
[1:04:01]
for the tenant to
commit to the project and ensure
its long term success.
[1:04:04]
I will also note that
when we presented to the MPU
[1:04:07]
and the DRC,
neither had any concerns
[1:04:11]
regarding our request
for an indefinite Sup.
[1:04:16]
We understand that
the staff recommendation
[1:04:18]
is for an Sup
for a term of 20 years.
[1:04:23]
We respectfully request
[1:04:25]
that the board consider
an indefinite permit.
[1:04:27]
However,
if you are not inclined to do
[1:04:30]
so, then we respectfully request
that you follow
[1:04:33]
the staff's recommendation
and keep the duration of the Sup
[1:04:37]
tied to the lease term
for the tenant.
[1:04:39]
In this application,
[1:04:41]
which is a 20 year lease term,
and I reserve
[1:04:43]
the remainder of my time
for rebuttal.
[1:04:45]
Thank you, thank you.
[1:04:47]
Is there anyone who would like
to speak
[1:04:48]
in support
of the application at this time?
[1:04:50]
And is there anyone
who would like to speak in
[1:04:52]
opposition to the application
[1:04:56]
with the applicant?
Like to
make additional comments?
[1:04:57]
Oh, would you like to speak
in opposition?
[1:05:02]
I'm here
to speak in opposition of it.
[1:05:05]
Okay.
[1:05:06]
If I'm not mistaken, sir,
could you give your name
[1:05:09]
and your address, please?
[1:05:10]
My name is Peter Bloom.
[1:05:12]
You need to speak directly
into the microphone.
[1:05:14]
Sorry. Excuse me.
[1:05:15]
Peter Bloom. Pom.
[1:05:21]
Address,
and then you can proceed.
[1:05:23]
Two addresses, 1828
Mount Perrin. And.
[1:05:30]
An apartment building.
[1:05:33]
Two off 92 West Paces Ferry.
[1:05:38]
Okay.
[1:05:38]
Go ahead.
[1:05:42]
For one thing,
[1:05:44]
you you're going to need
to speak into the microphone
[1:05:47]
instead of looking at the
at the slides.
[1:05:50]
One thing,
just to put it on the record,
[1:05:54]
I sold the property to RH
[1:05:58]
to Restoration Hardware
[1:06:01]
and only adjacent property.
[1:06:06]
And I've got some questions
that I don't understand.
[1:06:12]
First question is
[1:06:15]
if they put this,
[1:06:16]
how did they get back
and forth into their building
[1:06:20]
because they tied up
tied it up once before?
[1:06:23]
If not this property,
it was right there.
[1:06:26]
And the traffic is pretty,
pretty.
[1:06:33]
It's pretty busy all the time
[1:06:35]
because that's supposed
to be a private road.
[1:06:39]
But it's if you notice
[1:06:42]
the traffic light at Peachtree
and the private road,
[1:06:46]
it only lasts,
I think about 17 or
[1:06:49]
18 seconds, and
[1:06:52]
it's.
[1:06:57]
I just want some questions
[1:06:58]
answered. And.
[1:07:04]
I want to know why
they could not do that
[1:07:07]
in the property that they have
[1:07:10]
and how this is going
to benefit.
[1:07:15]
The city and not hurt.
[1:07:20]
There's too many people
[1:07:23]
that have to come through this
private road.
[1:07:26]
The Saint Regis
is already worried about it.
[1:07:31]
I think it's fair to say that
[1:07:34]
so are others.
[1:07:39]
There's an apartment
building there.
[1:07:41]
I know they're worried, and.
[1:07:45]
It may sound pretty simple about
[1:07:47]
putting a swimming pool in.
[1:07:50]
How do they walk over to
how does how do people go to it?
[1:07:54]
Get in there? And
[1:07:58]
did they just cross the street?
[1:08:00]
Is there a way
to get across the street
[1:08:02]
without traffic coming in? And.
[1:08:09]
I have some real concerns
about it.
[1:08:19]
Do you have additional comments?
[1:08:29]
I'm hopeful
that they're planning on.
[1:08:31]
I think I saw it,
they're planning on expanding
[1:08:33]
and doing more
to their building.
[1:08:37]
Is there no way they couldn't
do this
[1:08:39]
in connection
with the expansion,
[1:08:42]
as opposed to doing something
across the street
[1:08:46]
where it's a private road,
and is there a way to do it
[1:08:51]
without adding burdens to people
for that private road?
[1:08:55]
How are they going
to get across the street?
[1:08:59]
What's what is the
[1:09:01]
how is it going to be done?
[1:09:08]
I mean, I think.
[1:09:11]
I mean, I've dealt
[1:09:13]
with restoration for.
[1:09:18]
About 17 years and.
[1:09:23]
I can understand
[1:09:24]
their desire
to upgrade or to expand,
[1:09:28]
but I think
[1:09:31]
they could
[1:09:33]
they could probably do
the same thing with enough money
[1:09:36]
without going across the street
and putting putting in
[1:09:41]
what was up on the monitor
earlier.
[1:09:44]
I'm against that,
and I think there will be
[1:09:48]
everybody that I believe the
Saint Regis will be against it.
[1:09:52]
I believe 92 West Pace's
Ferry will be against it.
[1:09:56]
And I think it's it's
something that should not pass.
[1:10:07]
Do you have any questions?
[1:10:08]
I'm happy to answer them.
[1:10:09]
We don't ask questions
at this point.
[1:10:11]
This is your opportunity
to make your comments.
[1:10:13]
So if you have made
your comments, have a seat.
[1:10:16]
And if there's anybody else
in opposition, they can proceed.
[1:10:20]
Thank you. Okay, thanks.
[1:10:23]
Is there anyone else
who would like
[1:10:24]
to speak in opposition
to this application?
[1:10:30]
Okay.
[1:10:31]
Is there anyone who
would like to speak in support
[1:10:33]
in the time remaining?
[1:10:39]
Sorry.
Good evening again.
[1:10:40]
We have John Morris here
[1:10:41]
from Jamestown Properties
to speak about the property.
[1:10:45]
He can address the concerns.
[1:10:47]
Thank you. Yeah.
[1:10:49]
Thank you.
[1:10:49]
John Moores,
[1:10:51]
3035 Peachtree Road, Lana,
Georgia, 30305.
[1:10:56]
I appreciate the comments
we've heard here tonight.
[1:10:58]
I believe there might be some
confusion on the actual site.
[1:11:04]
Believe the site
that is being referenced
is actually across the street
[1:11:06]
at 3030 Peachtree Road,
and that private drive
[1:11:11]
that was discussed
that goes behind Saint Regis,
[1:11:14]
and that development
is actually across the street
[1:11:17]
and not part of the development
that we are speaking to.
[1:11:21]
Thank you.
[1:11:22]
Thank you.
[1:11:24]
Is there anyone else
you would like to speak
[1:11:26]
in support of the application?
[1:11:29]
Okay.
We will enter deliberation
questions
[1:11:30]
or comments from the board.
[1:11:34]
Okay.
Hearing none, we
will prepare to hear a motion.
[1:11:38]
Madam chair,
with the two case number,
[1:11:41]
you dash 2610.
[1:11:44]
I move that this board
accept the stats finding the
[1:11:48]
before we go with that.
[1:11:49]
So the staff recommendation
is actually ten years
[1:11:54]
in the staff report
they are amenable to 20 years.
[1:11:59]
That was the.
[1:12:02]
But they were I don't believe
staff could miss homes.
[1:12:07]
Could you respond to the query
about an unlimited duration
[1:12:12]
that was raised by the applicant
in the applicant's comments?
[1:12:16]
Staff is not supportive
of indefinite duration.
[1:12:19]
Staff is normally not supportive
of an indefinite duration
[1:12:22]
for a first time
special use permit.
[1:12:24]
We have been amenable,
however, to tying
[1:12:27]
the special use permit duration
or limitation that we
[1:12:32]
support to the lease terms,
and in this case,
[1:12:35]
lease term is 20 years
and we are amenable to attend
[1:12:38]
a 20 year duration. Okay.
[1:12:40]
So any concerns about.
[1:12:45]
Changing the condition to
a 20 year limitation versus ten.
[1:12:48]
That makes sense.
[1:12:50]
Okay.
And any interest
in doing an indefinite term?
[1:12:54]
I don't think so.
[1:12:56]
No, I think we're ready
for a motion.
[1:13:00]
Madam chair,
with respect to case number Z.
[1:13:04]
Dash.
[1:13:05]
I'm sorry, case number you 2610.
[1:13:09]
I moved to this board.
[1:13:10]
Acceptance five finding a fact.
[1:13:12]
Second, the motion been made
and properly seconded.
[1:13:15]
All in favor,
say aye. Opposed? Nay.
[1:13:17]
All right, mission passes.
[1:13:19]
Madam chair, with respect
to case number, you dash 2610.
[1:13:24]
I move that this board sent
forth a recommendation of a
[1:13:28]
of approval with the change
[1:13:31]
to the condition to that.
[1:13:35]
I'm sorry.
Condition number one
that that permit be valid for
[1:13:40]
condition of 20 years
[1:13:42]
to match the length term
of the term of the lease.
[1:13:46]
And also, number two,
stay as noted on the staff
[1:13:49]
report dated August 6th, 2026.
[1:13:54]
And that would be 20 years
from the date of
[1:13:55]
adoption by the City Council.
[1:14:01]
To clarify on point
[1:14:02]
one of the staff condition
[1:14:04]
to allow for the permit
to be valid for 20 years, valid
[1:14:08]
from the date of adoption
of the city.
[1:14:12]
Second motion has been made
properly seconded.
[1:14:14]
All the favor.
Say aye. Opposed. Nay.
[1:14:16]
Motion passes.
[1:14:18]
Okay. Next.
[1:14:20]
Are you going to read
the two cases together?
[1:14:22]
Then the next few cases
[1:14:24]
and then we'll consider them
individually.
[1:14:27]
I was just about to say that
[1:14:29]
Z 20 607 and ordinance
by Zoning Committee
[1:14:32]
to rezone from heavy industrial
[1:14:33]
Upper West Side overlay
to mix of the general commercial
[1:14:35]
Upper West side overlay
for property located at 1116
[1:14:39]
1166 1130 1184
[1:14:42]
Logan Circle, 1196
[1:14:44]
1250, 1264, 1274, 1284,
[1:14:48]
1294, 1314 1330 and 1346
[1:14:52]
Logan Circle and 13 2535
Chattahoochee Avenue.
[1:14:55]
1389 Chattahoochee Avenue.
[1:14:57]
1355 1379 1391 in 1395,
Chattahoochee ABA North-West
[1:15:02]
front in
approximately 1033ft on
the east side of Chattahoochee
[1:15:04]
Avenue, beginning in an iron pan
[1:15:06]
found at the intersection
of the easterly right
[1:15:08]
of way of Chattahoochee Avenue
and the southerly right of way
[1:15:10]
of of the southerly portion
of Logan Circle.
[1:15:12]
Deb ferries area 23.35 acres.
[1:15:15]
Land 102 and one 9317
Fulton County, Georgia owners
[1:15:19]
say Logan Chat LLC
see The Enterprises LLC, six
[1:15:24]
two LLC and Click Logan LLC
applicant SC Logan Chat, LLC
[1:15:28]
input Council District
nine Z 20 608 in order
[1:15:33]
Committee to rezone from Heavy
Industrial Upper West Side
[1:15:35]
Overlay to mixed commercial
Upper West Side overlay for
[1:15:38]
property located at 1405 1417
[1:15:44]
Chattahoochee
Avenue in 1119 Logan Circle.
[1:15:47]
1149 1159 Logan Circle,
1177 1209,
[1:15:51]
1223, 1225, 1301, 1305 1311.
[1:15:59]
In 1369, Logan Circle northwest
[1:16:02]
fronted approximately
450ft on the east side
of Chattahoochee
[1:16:04]
Avenue northwest,
beginning in an iron pin
[1:16:06]
found at the intersection
of the right of way
[1:16:08]
of the northerly portion
of Logan Circle,
[1:16:10]
with the easterly right of way
of Chattahoochee Avenue.
[1:16:12]
Deb varies area of 13.36 acres.
[1:16:14]
Limits 192 and one 9317
Fulton County, Georgia owner
[1:16:18]
and applicant CI Logan Chat
LLC in Council
[1:16:21]
District nine.
[1:16:25]
1325 1333.
[1:16:29]
Please go ahead and proceed.
[1:16:31]
Good evening again,
members of the board.
[1:16:33]
My name is Jessica Hill.
[1:16:34]
My business address is 600
Peachtree Street.
[1:16:37]
And again,
I represent Seelig Enterprises,
who is both the applicant
[1:16:40]
and the property owner.
[1:16:42]
And in this case,
they have owned this property
[1:16:44]
for about 75 years.
[1:16:45]
So a little bit longer vintage
on this property
[1:16:48]
also still joined tonight
by representatives from Seelig,
[1:16:51]
the architecture group,
as well as our civil engineer.
[1:16:54]
And I've got a
[1:16:57]
a nice aerial board
to orient you on where we are.
[1:17:00]
So for those that are familiar
[1:17:01]
with the existing works
development,
[1:17:03]
this is Chattahoochee on this
aerial here.
[1:17:05]
You've got the railroad
Underwood Hills on plan right.
[1:17:09]
This is the existing works
development here.
[1:17:11]
What we're talking about in
these two
[1:17:13]
applications
is a little bit over 36 acres.
[1:17:15]
That's immediately to the
existing works development.
[1:17:19]
So it's these buildings
that front along Chattahoochee.
[1:17:24]
And the reason
that you have two applications
before you instead of one
[1:17:27]
is because the property
loops around like this
[1:17:30]
and has the public
right of way of Logan Circle
that makes a you.
[1:17:33]
And because this inner portion
isn't
[1:17:35]
contiguous to the outer portion,
we had to do two applications.
[1:17:39]
All of the property is zoned
I too heavy industrial has been
[1:17:42]
for quite some time.
[1:17:43]
It's all on the Upper West Side
overlay.
[1:17:46]
We are asking to go to MRC three
[1:17:49]
and there are some conditions
associated with that.
[1:17:52]
I know in briefing
there was a question
[1:17:54]
about or a comment about
why we're choosing MRC three,
[1:17:58]
and the reason is because
of the way that the density
[1:18:02]
works out.
All of these parcels
are separate right
[1:18:03]
now, and candidly, probably
[1:18:05]
some of them will continue
to be separate in the future.
[1:18:07]
And so when you start,
[1:18:08]
when you look at the density
on the overall,
[1:18:11]
it's significantly below
MRC three.
[1:18:14]
But when you start
looking at individual parcels,
[1:18:16]
we start creeping up into into
densities that are above that.
[1:18:20]
And I'm happy
to answer any questions on that
[1:18:22]
from a development scope
perspective.
[1:18:24]
On the outer loop area,
which is the first application
[1:18:27]
Z 2607 that is going to be all
nonresidential development.
[1:18:33]
It's about 900,000ft.
[1:18:34]
That's either existing
proposed for adaptive reuse.
[1:18:40]
There's a
variety of kind of office
flex event parking.
[1:18:44]
There's actually an existing
parking structure
[1:18:45]
located here today that will
remain a new office building.
[1:18:49]
That's what's proposed along
the outer loop.
[1:18:52]
And the impetus for
[1:18:53]
the zoning was really the inner
loop portion where
[1:18:56]
similar to the works phase one,
[1:18:58]
they want to incorporate
a multi-family development.
[1:19:01]
And so if you're looking
at this plan
[1:19:03]
close to the Chattahoochee
frontage, this building
[1:19:06]
you see in yellow as a proposed
multifamily building,
[1:19:08]
and the thought is to provide
for one multifamily building
[1:19:12]
with adaptive reuse
in the middle
[1:19:14]
and then the potential
to have a second
[1:19:16]
multifamily
building down the road
[1:19:18]
if if market conditions
and demand supports it.
[1:19:22]
And overall,
that's it's about 1,000,000.5ft
[1:19:26]
total of development in here.
[1:19:28]
Overall, the two applications
together are 2.3 5,000,000ft
[1:19:32]
in total development.
[1:19:33]
And again, that's over 36 acres.
[1:19:36]
We worked with Underwood
[1:19:38]
Hills and MPD
both recommended approval.
[1:19:41]
They did recommend
[1:19:42]
more conditions
that are in your staff report.
[1:19:45]
Specifically,
they had a condition
[1:19:48]
asking for support for a
[1:19:50]
or to not oppose
a proposed shuttle
[1:19:52]
to the extent that they wanted
to propose that.
[1:19:55]
And I think staff
was not comfortable with that
being in the conditions.
[1:19:58]
There was a condition
about providing Underwood
[1:20:01]
Hills a copy of our SAP
application.
[1:20:03]
This is in the Upper West Side
overlay.
[1:20:05]
So it's they're going
to get a copy anyway.
[1:20:07]
But again, I think that staff
found that to be duplicative.
[1:20:11]
And then the only
other condition
[1:20:12]
that is not included
in the staffs recommendation,
[1:20:16]
the neighborhood included a site
plan condition as opposed to
[1:20:20]
the density condition.
[1:20:21]
So the condition.
[1:20:23]
Let's see what condition ended
up being condition number four,
[1:20:27]
which talks about the aggregate
floor
[1:20:29]
area ratio of the properties,
[1:20:30]
shall not exceed
a certain amount.
[1:20:32]
Rather than having a site plan
condition.
[1:20:34]
And Miss Holmes can speak
to this, her concern was having
[1:20:38]
to administer
800 site plan amendments,
[1:20:42]
minor site plan amendments
over the course of the time,
[1:20:45]
and so the proposal instead
[1:20:47]
was instead of having a site
[1:20:48]
plan condition, why don't
we have a density condition?
[1:20:52]
Because really
a lot of the concerns
[1:20:53]
and you can see this reflected
in the conditions.
[1:20:56]
A lot of the concerns
from the community were we
don't want to be the next 14th
[1:21:00]
and how mill we don't want
all these high rise buildings.
[1:21:03]
That's
why you see the height limit.
[1:21:04]
That's
why you see the limitation.
[1:21:07]
So I think the updated condition
will be better
[1:21:10]
for staff to administer,
[1:21:12]
and I think meets the spirit
of what was requested.
[1:21:14]
But, you know, in
full disclosure, they are that
[1:21:17]
those are the differences.
[1:21:18]
We would ask that
you support this application.
[1:21:21]
Both applications obviously
vote on them separately.
[1:21:24]
Another thing I should mention,
for those that are familiar
[1:21:27]
with this area,
the Woodall
Trail comes through here
[1:21:29]
and actually goes
through the site and connects up
[1:21:31]
through the Silver
Comet connector.
[1:21:33]
So it really makes this site
a great location
[1:21:36]
for a more mixed use,
less industrial scope.
[1:21:40]
And then just one other thing.
[1:21:42]
It was mentioned in the briefing
what the uses are today.
[1:21:46]
The uses that are there
today are uses like showrooms,
[1:21:49]
offices.
[1:21:49]
There's an event area,
[1:21:51]
there's some storage
for furniture places,
[1:21:54]
but it's not a manufacturing
industrial scope of use
[1:21:57]
that's there today.
Some of its vacant.
[1:22:00]
So with that I'll reserve
any time for rebuttal.
[1:22:02]
Thank you, thank you.
[1:22:04]
Is there anyone else
who would like to speak
[1:22:06]
in support at this time?
[1:22:08]
And is there anyone who would
like to speak in opposition?
[1:22:13]
Okay.
And does the applicant
[1:22:15]
have any additional comments
to make at this time?
[1:22:19]
So we will enter deliberation?
[1:22:20]
I've got a question.
[1:22:22]
I think thinking about this
further,
[1:22:25]
the aggregate
[1:22:28]
far across the properties.
[1:22:31]
So the zoning would be across
individual properties.
[1:22:37]
But to me
it seems like the aggregate far
[1:22:41]
is really conditioned
on having a common owner,
[1:22:44]
because if ownership,
[1:22:48]
you know,
if parcels were sold off,
[1:22:51]
how do you enforce an aggregate
far across the properties
[1:22:55]
when they're not potentially
under the same owner
[1:22:59]
via unified Development Plan,
which I'm sure
[1:23:02]
he'll will be applying for
[1:23:03]
when she goes to the SAP
process, are okay.
[1:23:06]
Thank you.
That makes sense. Okay.
[1:23:10]
Other other questions
or comments?
[1:23:14]
Okay.
I'm prepared
to hear a motion then.
[1:23:17]
Madam chair, with respect to
[1:23:18]
case number Z 20 607,
[1:23:22]
I move that this board
acceptance finding a fact.
[1:23:26]
Second motions
been made properly seconded.
[1:23:29]
All in favor, say aye. Opposed.
[1:23:31]
Motion passes.
[1:23:33]
Madam chair,
with respect to case number
[1:23:35]
Z 20 607, I move that
this board send forth
[1:23:39]
a recommendation of approval
with conditions
[1:23:42]
as found on page
[1:23:46]
five of the staff report
[1:23:48]
dated August 6th, 2026.
[1:23:51]
Second motions been made
and properly second day.
[1:23:53]
Of all in favor,
say aye. Opposed.
[1:23:54]
Nay, a motion passes,
[1:23:58]
madam chair, with respect
to case number Z 20 608,
[1:24:02]
I move that its borders
after finding a fact.
[1:24:05]
Second
[1:24:07]
mesh has been made
and probably seconded.
[1:24:08]
All in favor,
say aye. Opposed? Nay.
[1:24:10]
A motion passes, Madam Chair,
with the two case
[1:24:14]
number Z 20 608.
[1:24:17]
I move that this board center
for the recommendation
[1:24:19]
of approval with the conditions
found on page five of the staff
[1:24:23]
report dated August 6th, 2026.
[1:24:27]
Second motions
been made and properly seconded.
[1:24:30]
All in favor
say aye and opposed.
[1:24:32]
Nay, a motion passes.
[1:24:38]
And can I get a motion?
[1:24:43]
Motion to adjourn.
[1:24:45]
Thank you. And.