City of Atlanta
Georgia

Ordinance
14-O-1531

U-14-31- An Ordinance BY ZONING COMMITTEE granting a Special Use Permit for the transfer of excess development density from property located at 641 (AKA) 665 NORTH AVENUE (SENDING PARCELS) to property located at 1763-1791 (AKA 1791) PIEDMONT AVENUE (RECEIVING PARCELS); and for other purposes.
OWNERS: TIM SCHRAGER/ADAMS PONCE PARK SOUTH, LLC
APPLICANT: KEVIN EDWARDS
NPU F COUNCIL DISTRICT 6

Information

Department:Zoning Review Board StaffSponsors:
Category:ZoningFunctions:None Required

Item Discussion

Application File Date

10-7-14

Zoning Number

U-14-31

NPU / CD

F/6

Staff Recommendation

File

NPU Recommendation

Deferral

ZRB Recommendation

File

 

Body

  City Council

Atlanta, Georgia

 

 

U-14-31

AN ORDINANCE

BY ZONING COMMITTEE

 

AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE TRANSFER OF EXCESS DEVELOPMENT DENSITY FROM PROPERTY LOCATED AT AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE TRANSFER OF EXCESS DEVELOPMENT DENSITY FROM PROPERTY LOCATED AT 641 (AKA) 665 NORTH AVENUE (SENDING PARCELS) TO PROPERTY LOCATED AT 1763-1791 (AKA 1791) PIEDMONT AVENUE (RECEIVING PARCELS); AND FOR OTHER PURPOSES.

 

 

WHEREAS, the City Council finds that it is in the public interest to allow the owners of historic designated properties to transfer their development density to adjacent properties;  and

 

WHEREAS, Ordinance 11-O-0693 (U-11-17) severed the development rights  (51, 430 square feet) of property addressed as 641 (aka 665) North Avenue, N.E. (Perlman Tract) to Atlanta Beltline, Inc.; and

 

WHEREAS, the donor parcel retained zero development rights; and

 

WHEREAS, this legislation approves a special use permit to authorize the transfer of the severed residential development rights (51,430 square feet of residential floor area) from the Donor Parcel to 1763-1791 (aka 191) Piedmont Avenue (receiving parcel); and

 

WHEREAS, the “severance of the development rights of the Donor Parcel has already been approved pursuant to  U-11-17 and the requisite dedication to the City of Atlanta of the Donor Parcel for greenspace purposes has already occurred; and

 

WHEREAS, the receiving parcel is currently within the Beltline Overlay District and is the subject of a rezoning application (Z-14-41) to rezone the property from RG-2 to the MR-3 zoning category and if rezoned to the MR-3 zoning category, the receiving parcel would be entitled to 117, 284 square feet of residential floor area; and

 

WHEREAS, the proposed development on the receiving property seeks to incorporate 51, 430 square feet of additional residential density into the proposed multifamily development consisting of 180 units, 166,500 square foot building and 272 parking spaces within a parking deck; and

 

 

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:

 

SECTION 1.  Under the provisions of (Section 16-28.023 of the Zoning Ordinance of the City of Atlanta), a Special Use Permit for a Transfer of Excess Development Rights is hereby approved.  Said use is granted to Oak Knoll Apartments, LLC,. its successors, assigns and all subsequent owners.  The sending and receiving parcels are more particularly described by the attached legal descriptions and/or surveys.

 

SECTION 2.  That this amendment is approved under the provisions of Section 16-25.003 of the Zoning Ordinance of the City of Atlanta, entitled “Special Use Permits, Procedural Requirements”, and the Director, Office of Buildings, shall issue a building permit only in compliance with the applicable provisions of this part.  The Special Use Permit hereby approved does not authorize the violation of any zoning district regulations.  District regulation variances can be approved only by application to the Board of Zoning Adjustment.

 

SECTION 3.  That the Special Use Permit, including the executed agreements shall be recorded with the Clerk of Superior Court of Fulton County in accordance with the provisions of Section 16-28.023 (4).

 

SECTION 4.  That the Special Use Permit shall be recorded by the Office of Planning on the official zoning map (referencing both the Donor (sending)  and Recipient (receiving) parcels) in accordance with the provisions of Section 28.023 (4).

 

SECTION 5.  That all ordinances or parts of ordinances in conflict with the terms of this ordinance are hereby repealed.

 

 

 

 

 

Meeting History

Oct 29, 2014 9:30 AM Video Zoning Committee Regular Committee Meeting
draft Draft

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

Nov 3, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [14 TO 0]
AYES:Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A. Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce Sheperd
AWAY:Michael Julian Bond
Mar 25, 2015 9:30 AM Video Zoning Committee Regular Committee Meeting
draft Draft
RESULT:FILED BY COMMITTEE [UNANIMOUS]
AYES:Yolanda Adrean, Keisha Lance Bottoms, Kwanza Hall, Mary Norwood, Ivory Lee Young Jr.
ABSENT:Carla Smith, Howard Shook
Apr 20, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

FILED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

RESULT:FILED [11 TO 0]
AYES:Michael Julian Bond, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Howard Shook, Yolanda Adrean, Felicia A. Moore, Clarence "C. T." Martin, Joyce Sheperd
ABSENT:Kwanza Hall, Alex Wan
EXCUSED:Mary Norwood
AWAY:Keisha Lance Bottoms