City of Atlanta
Georgia

Ordinance
18-O-1029
Adopted on Substitute
Feb 19, 2018 1:00 PM

Z-17-88 A SUBSTITUTE ORDINANCE BY COUNCILMEMBER HOWARD SHOOK TO AMEND THE 1982 ATLANTA ZONING ORDINANCE, AS AMENDED, CITY OF ATLANTA CODE OF ORDINANCES PART 16, SO AS TO ADD A NEW CHAPTER 38 ENTITLED "BUCKHEAD PARKING OVERLAY DISTRICT"; TO AMEND THE OFFICIAL ZONING MAP TO SET FORTH THE BOUNDARIES OF THE BUCKHEAD PARKING OVERLAY DISTRICT; TO SET FORTH THE DEVELOPMENT REQUIREMENTS WITHIN SAID DISTRICT; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 7 Howard Shook
Category:Personal PaperFunctions:None Required

Item Discussion

Application File Date

 

Zoning Number

Z-17-88

NPU / CD

B-7

Staff Recommendation

Approval

NPU Recommendation

Approval

ZRB Recommendation

Approval

 

Body

AN ORDINANCE

BY COUNCILMEMBER HOWARD SHOOK AS SUBSTITUTED

 

AN ORDINANCE TO AMEND THE 1982 ATLANTA ZONING ORDINANCE, AS AMENDED, CITY OF ATLANTA CODE OF ORDINANCES PART 16, SO AS TO ADD A NEW CHAPTER 38 ENTITLED “BUCKHEAD PARKING OVERLAY DISTRICT”; TO DEFINE CERTAIN TERMS; AND FOR OTHER PURPOSES.

 

WHEREAS, there is increased traffic and congestion in the City of Atlanta, especially in the Buckhead neighborhoods and business districts; and

 

WHEREAS, the large amount of vehicular traffic drawn to Buckhead and the excessive amount of accessory parking in office and commercial uses has greatly contributed to the traffic and congestion in the area; and

 

WHEREAS, the Comprehensive Development Plan identifies solving traffic congestion as the highest community-ranked needs among all needs (Pg. 203); and

 

WHEREAS, inordinate new vehicular parking is incongruent with the preservation of existing neighborhoods; and


WHEREAS, it is to the benefit of the residents in Buckhead to impose by zoning ordinance certain parking requirements, including a cap on the amount of parking allowed in order to manage traffic and congestion; and

WHEREAS, the City Charter, at Section 1-102(b), provides that the City shall have all powers necessary and proper to promote the safety, health, peace, and general welfare of the City and its inhabitants; and

WHEREAS, the City Charter, at Section 1-102(c)(42), authorizes the City to regulate land use by the adoption of zoning ordinances, planning ordinances, and other regulatory ordinances; and

WHEREAS, this ordinance is adopted pursuant to Georgia Constitution Article IX, Section II, Paragraph IV which empowers the governing authority of each county and of each municipality to adopt plans and exercise the power of zoning; and

WHEREAS, such zoning powers include, among other things, the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such districts and for the regulation of development and the improvement of real estate within such districts in accordance with the uses of property for which such districts were established.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS AS FOLLOWS:

Section 1: The Atlanta Zoning Ordinance, City Code of Ordinances, Part 16 (Zoning), is hereby amended by adding a new Chapter 38 entitled “Buckhead Parking Overlay District”, which shall read as shown on Exhibit “A” attached hereto and incorporated herein by this reference.

Section 2: The Official Zoning Map, as amended, is hereby further amended as shown on Exhibit “B”, attached hereto and incorporated herein by this reference.

Section 3: All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of any conflict.

Section 4: It is declared the intention of the City of Atlanta that the provisions of any part of this ordinance are severable. If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in the judgment. If a court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, development, building or structure, such judgment shall not affect the application of said provision to any other property, development, building or structure not specifically included in said judgment.

Exhibit A

Chapter 38. - BUCKHEAD PARKING OVERLAY DISTRICT

Sec. 16-38.001. - Scope of regulations.

The scope of the regulations set forth in this chapter are the regulations in the Buckhead Parking Overlay District. The scope of these regulations are as follows:

1.              The existing zoning map and underlying zoning regulations governing all properties within the Buckhead Parking Overlay District shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this chapter shall apply.

2.              Whenever the following regulations are at variance with historic district regulations of Part 16, Chapter 20, the more stringent regulations shall apply so not to impact designated historic structures or buildings.

3.              Whenever the following regulations are at variance with the Beltline Overlay District regulations of Part 16, Chapter 36, the more stringent regulations shall apply.

Sec. 16-37.002.  Findings and statement of intent.

The intent of this chapter and of the regulations herein is to set forth the minimum parking, if any, that may be provided onsite and the maximum parking that may be provided onsite within the Buckhead Parking Overlay District.

Sec. 16-36A.003.  Off-street parking requirement.

Parking requirements: The minimum number of parking spaces required and maximum number allowed shall be in accordance with the following Buckhead Parking Overlay District Table:

Buckhead Parking Overlay District Table

 

Parking Spaces

 

Minimum

Maximum

Residential Dwellings/Lodgings

Hotels and motels (spaces per lodging unit)

None

1.0

Residential Dwellings

Underlying zoning controls

Underlying zoning controls

Non-Residential Uses (Spaces per 1,000 sq. ft. of floor area)

Eating and Drinking Establishments

Underlying zoning controls

Underlying zoning controls

Commercial/Retail (not Eating and Drinking Establishments)

None

2.5

Institutional

None

2.5

Office

None

2.5

Recreation/Entertainment

None

1.5

All Other Uses

None

2.0

 

 

If the underlying zoning of the property is within a special public interest district, any variation to increase the maximum allowable parking requirement of this chapter, if any, shall be based upon the following criteria:

a. Tenant demand based for on-site uses; and

b. Parking efficiency and utilization for on-site uses; and

c. Parking available off-site within one-quarter-mile radius.

 

 

Meeting History

Jan 2, 2018 1:00 PM Video Atlanta City Council First Meeting of Inaugural Year
draft Draft

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Feb 14, 2018 9:30 AM Video Zoning Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
MOVER:Howard Shook, Councilmember, District 7
SECONDER:Carla Smith, Councilmember, District 1
AYES:Ivory Lee Young Jr., Andrea L Boone, Jennifer N Ide, Howard Shook, Carla Smith
ABSENT:Michael Julian Bond, Cleta Winslow
Feb 19, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Note: Councilmember Shook made a Motion to Send Ordinance (18-O-1029) to the Mayor's Office Post Haste with the implied request that the Mayor take immediate action regarding the item. It was Seconded by Councilmember Young and then CARRIED by a roll call vote of 13 yeas; 0 nays.

RESULT:ADOPTED ON SUBSTITUTE [13 TO 0]
MOVER:Michael Julian Bond, Councilmember, Post 1 At Large
SECONDER:Jennifer N Ide, Councilmember, District 6
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Ivory Lee Young Jr., Natalyn Mosby Archibong, Jennifer N Ide, Howard Shook, JP Matzigkeit, Dustin Hillis, Andrea L Boone, Marci Collier Overstreet
ABSENT:Cleta Winslow
AWAY:Joyce M Sheperd