UWCID Masterplan - 04 Zoning Recommendations

Appendix Land Use & Zoning Recommendations 06/30/2021

LAND USE AND ZONING RECOMMENDATIONS Land Use and Development Policies Land use policies are the legal basis for zoning actions under Georgia law. In Atlanta, these are found in the Comprehensive Development Plan and various area studies. These existing documents already contain many policies that apply to the Upper Westside, so the following recommendations are limited to new policies not in existing plans: • Incorporate the various aspects of this Masterplan and other planning efforts and studies into new development, when possible.

• Provide daily goods and services that serve both new development and existing neighborhoods (e.g. grocery stores, hardware stores, pharmacies, banks, childcare/daycare, healthcare, dry cleaners, schools, etc.)

Officially adopting these policies into the CDP, along with existing policies already in it, will further the implementation of this Masterplan’s vision, especially the review of rezoning and special use permit applications. These applications should incorporate as many of these policies as possible, especially on larger sites. While it is unlikely that any given site will be able to incorporate all aspects of this plan, it is also very important that a project is not in direct conflict with a stated policy. Careful collaboration between the applicants, the City of Atlanta Office of Zoning and Development, neighborhoods, the CID, and others will be required to ensure this.

• Provide housing for families with children in new multifamily developments by offering threebedroom units and child-friendly amenities (note that this is intended to apply to true “family housing,” not student-oriented, pre-furnished units).

• Preserve existing production and light industrial areas but allow the addition of residential and commercial uses to them in recommended locations.

• Limit heavy industrial uses to the Marietta Boulevard corridor to minimize potential conflicts with residential uses.

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Appendix: Land Use & Zoning Recommendations

Base Zoning Changes Base zoning changes are proactively recommended for areas where the existing zoning allows uses and development types that are greatly at odds with the emerging vision of the Masterplan. Examples of these include certain industrial districts that currently allow adult businesses, self-storage, cement plants, concrete plants, and other similar uses.

(CZ 2a) Blandtown Rezoning CZ 2a Work with property owners and other stakeholders in a collaborative process to explore rezoning Blandtown’s I-2 (heavy industrial) sites to I-Mix, except the Marietta Boulevard corridor. This would prevent new incompatible heavy industries from opening, while still allowing existing light industrial uses to remain and grow. It would also permit new residential and commercial uses on lots of record 1 acre in size or smaller and larger sites that reuse historic industrial buildings (50+ years old) or incorporate new light industrial uses/maker spaces.

Please see Table 1 for differences between I-2 and I-Mix and Figure 2 for lots of record 1 acre in size or less where light-industrial uses/maker space is not required.

CZ 2b (CZ 2b) Chattahoochee Avenue Rezoning

Work with property owners and other stakeholders in a collaborative process to explore rezoning Chattahoochee Avenue’s I-1 and I-2 sites to I-Mix to for the reasons noted above.

Please see Table 1 for differences between I-2 and I-Mix and Figure 2 for lots of record 1 acre in size or less where light-industrial uses/maker space is not required.

CZ 2c (CZ 2c) Collier Road Rezoning

Work with property owners and other stakeholders in a collaborative process to explore Collier Road’s I-2 sites to I-Mix to complement the existing SYNC at West Midtown and for the reasons noted above. Consider including Hills Place in this rezoning effort if there is owner support.

Appendix: Land Use & Zoning Recommendations

(CZ 2d) Collier Road Rezoning CZ 2d Rezone C-1 sites around the intersection of Collier Road and Defoors Road to MRC-1 (mixed residential commercial). NC (neighborhood commercial) was considered but is not recommended due to the complexity of rezoning to NC and the fact that the intersection has no historic neighborhood commercial buildings.

Note: This rezoning will also require a future land use plan amendment. The south side of Collier Road is currently designated “Medium Density Residential,” despite being zoned and used for commercial purposes.

“Low Density Mixed-Use” is recommended for this intersection to support its future vision.

CZ 2e (CZ 2e) Hemphill Historic District or Site

First, collaborate with the Atlanta Office of Design Historic Preservation Studio (formerly known as the Urban Design Commission staff) to explore designating all or some of the Hemphill (Atlanta Waterworks) site under the City’s Historic Preservation Ordinance as a means of protecting its iconic buildings, structures, and landscapes. If the site meets the designation criteria, start the official process of creating a local landmark or historic district or site.

CZ 2f (CZ 2f) Howell Station Rezoning

Work with property owners and other stakeholders in a collaborative process to explore rezoning various sites along West Marietta Street from I-1 to I-Mix, from I-2 to I-Mix, from OI to MRC-2, and from C-2 to MRC-3 to improve the quality of design and encourage neighborhood-serving development along this important corridor. Long-term, the jail should also be rezoned to MRC-3 if it ever closes or is sold for redevelopment.

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Upper Westside Improvement District Masterplan

CZ 2d CZ 2c

75

Collier Rd

Northside Dr

Area

Howell Mill Rd

Study

CZ 2b a Ch

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CZ 2e

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CZ 2a

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St

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CZ 2f

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CZ 2f

Potential Base Zoning Changes

14th St

CZ 2f St

CZ 2f

10th St

From C-1 to MRC-1 From OI to MRC-2 To MRC-3 if County Use Ceases

CZ 2f

CZ 2f

From C-2 to MRC-3 From I-2 to MRC-3 From I-1 to I-Mix From I-2 to I-Mix Legend

Donald Lee Hollowell Pkwy

Hemphill Facility Zoning District Parcel N

Overlay District

Figure 1: Potential Base Zoning Changes Base zoning changes are proactively recommended for areas where the existing zoning allows uses and development types that are greatly at odds with the emerging vision of the Masterplan. Examples of these include certain industrial districts that currently allow adult businesses, self-storage, cement plants, concrete plants, and other similar uses.

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Appendix: Land Use & Zoning Recommendations

75 Collier Rd

Northside Dr

Area

Howell Mill Rd

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14th St WM arie tt a

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Donald Lee Hollowell Pkwy

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I-1 or I-2 ac. or less N

Other I-1 or I-2

Figure 2: Industrial-Zoned Lots of Record 1 Acre of Less in Size In I-Mix zoning there is no requirement for light industrial uses/ maker space on lots 1 acre in size or less.

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Table 1: Uses Allowed in I-districts and I-Mix Key P = Permitted principal use P50 = Permitted principal use only in a building 50+ years old SUP = Permitted by special use permit SAP = Permitted by special administrative permit X = Prohibited use

I-1

I-2

I-Mix

Catering establishments.

P

P

P

Microbreweries, microdistilleries, or wineries, include accessory biergartens.

P

P

P

Commercial greenhouses or plant nurseries.

P

P

P

SUP

SUP

X

P

P

P

Extraction or removal of sand, gravel, topsoil, clay, dirt, or other natural resources.

SUP

SUP

X

Heavy industries (e.g. acid manufacture, asphalt plants, junkyards (outside), automobile salvage yards (outside), scrap metal processors (outside), concrete plants, cement plants, lime/gypsum plants, bone and glue distillation and manufacturers, explosive manufactures or storage, fat rendering and fertilizer manufacturers, garbage, offal or dead animals, reduction or dumping, hazardous toxic materials, paper and paper pulp manufacturers, petroleum refineries, metal smelters).

X

SUP

X

Junkyards, automobile salvage yards or scrap metal processors (inside).

X

P

X

Laboratories and research facilities.

P

P

P

Light manufacturing, wholesaling, repairing, compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, products, clothing, machines, and appliances (with no offsite smoke, noise, dust, vibration, smell impacts).

P

P

P

Light manufacturing, wholesaling, repairing, compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, products, clothing, machines, and appliances (with off-site smoke, noise, dust, vibration, smell impacts).

X

P

X

Materials recovery facility.

SUP

SUP

X

Municipal solid waste disposal facilities.

SUP

SUP

X

P

P

P

Processing operation facilities.

SUP

SUP

X

Recovered materials processing facilities.

SUP

SUP

X

P

P

X

Sanitary landfills.

SUP

SUP

X

Self-storage facilities.

P [4]

P [4]

X

Showrooms.

P50

P

P

Solid waste handling facilities.

SUP

SUP

X

INDUSTRIAL USES

Compost facilities.

Distributions centers.

Printing and publishing operations (including 3D printing).

Repair garages, paint and body shops, welding shops.

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Table 1: Uses Allowed in I-districts and I-Mix Key P = Permitted principal use P50 = Permitted principal use only in a building 50+ years old SUP = Permitted by special use permit SAP = Permitted by special administrative permit X = Prohibited use

I-1

I-2

I-Mix

Catering establishments.

P

P

P

Microbreweries, microdistilleries, or wineries, include accessory biergartens.

P

P

P

Commercial greenhouses or plant nurseries.

P

P

P

SUP

SUP

X

P

P

P

Extraction or removal of sand, gravel, topsoil, clay, dirt, or other natural resources.

SUP

SUP

X

Heavy industries (e.g. acid manufacture, asphalt plants, junkyards (outside), automobile salvage yards (outside), scrap metal processors (outside), concrete plants, cement plants, lime/gypsum plants, bone and glue distillation and manufacturers, explosive manufactures or storage, fat rendering and fertilizer manufacturers, garbage, offal or dead animals, reduction or dumping, hazardous toxic materials, paper and paper pulp manufacturers, petroleum refineries, metal smelters).

X

SUP

X

Junkyards, automobile salvage yards or scrap metal processors (inside).

X

P

X

Laboratories and research facilities.

P

P

P

Light manufacturing, wholesaling, repairing, compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, products, clothing, machines, and appliances (with no offsite smoke, noise, dust, vibration, smell impacts).

P

P

P

Light manufacturing, wholesaling, repairing, compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, products, clothing, machines, and appliances (with off-site smoke, noise, dust, vibration, smell impacts).

X

P

X

Materials recovery facility.

SUP

SUP

X

Municipal solid waste disposal facilities.

SUP

SUP

X

P

P

P

Processing operation facilities.

SUP

SUP

X

Recovered materials processing facilities.

SUP

SUP

X

P

P

X

Sanitary landfills.

SUP

SUP

X

Self-storage facilities.

P [4]

P [4]

X

Showrooms.

P50

P

P

Solid waste handling facilities.

SUP

SUP

X

INDUSTRIAL USES

Compost facilities.

Distributions centers.

Printing and publishing operations (including 3D printing).

Repair garages, paint and body shops, welding shops.

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Upper Westside Improvement District Masterplan

Table 1: Uses Allowed in I-districts and I-Mix Key P = Permitted principal use P50 = Permitted principal use only in a building 50+ years old SUP = Permitted by special use permit SAP = Permitted by special administrative permit X = Prohibited use

I-1

I-2

I-Mix

Market gardens and urban gardens.

P

P

P [1]

Museums, galleries, auditoriums, libraries, and similar cultural facilities.

X

X

P [1]

Offices, clinics, studios, and computer, data analysis.

P

P

P [1]

Parking decks.

P

P

P

Places of worship.

P

P

P [1]

SUP

P

SUP [1]

Pet grooming.

P

P

P [1]

Professional or personal service establishments.

P

P

P [1]

Retail (general).

P50

P

P [1,2]

Retail (small discount variety).

P50

P [3]

P [1,2]

P

P

X

P [3]

P [3]

X

Structures and uses required for operation of MARTA or a public utilities (MARTA and utilities are exempt from zoning).

P

P

P

Trade schools, colleges, and universities.

P

P

X

P50

X

P [1]

X

X

X

Multifamily dwellings.

P50

X

P [1]

Roominghouses.

SUP

X

SUP [1]

Shelters.

SUP

X

SUP [1]

SROs

SUP

X

SUP [1}

Supportive housing.

P50

X

P [1]

Outdoor amusement enterprises, exhibits, entertainments, meetings, displays or sales areas or outdoor areas for religious ceremonies of 90 days' or more duration.

Sales and leasing agencies for new and used passenger automobiles, bicycles, moped, and commercial vehicles.

Service stations, battery exchange stations and car washes,

RESIDENTIAL USES Single-family or two-family dwellings.

Dormitories, fraternity houses and sorority houses, officially affiliated with an accredited college, university or private school.

Table Notes [1] Only allowed on lots of record over 1 acre when min. 30% of site floor area is “industrial” uses or when in a buildings 50+ years old.

[2] No establishment may exceed 30,000 sf.

[3] Separation requirements apply.

[4] Not allowed within 500 feet of the Atlanta BeltLine corridor.

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Upper Westside Improvement District Masterplan

Upper Westside Overlay Overview New zoning standards for the Upper Westside are recommended to codify key aspects of this plan. The standards should apply to the entire study area, except areas zoned R1 through R5 (residential districts).

This wide application will ensure that future growth throughout the study area is held to the same standard, rather than the piecemeal approach found today.

New standards could be codified in several ways, including through conditional rezoning, a special public interest district, or an overlay. After careful deliberation of the advantages and disadvantages of each, the use of overlays is recommended. Overlays are ideal because they can proactively define and require the form and design standards that are so critical to this plan, while allowing changes to density, height, and specific land use (which are regulated by the base zoning) to be subject to future case-by-case review.

how best to codify them in the context of existing overlays.

Overlay Option: This option assumes that a new Upper Westside Overlay can be created that has no or few conflicts with the other overlays. This would only apply if the new overlay was restricted to a few limit regulations, such as use restrictions, streetscape requirements, or conformance with some sort of framework plan or regulating plan.

• Keep existing overlays but add a provision to clearly specify when the new overlay standards apply.

Implementing a new overlay in the Upper Westside will be complicated because there are already two: the BeltLine Overlay and the Marietta Street Artery Overlay.

Moving forward it is critical to collaborate with the City of Atlanta Office of Zoning and Development, Atlanta BeltLine, Inc., and others before creating any new overlay for the Upper Westside. This collaboration must first review the standards proposed, then determine

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Appendix: Land Use & Zoning Recommendations

Upper Westside Overlay Proposed Standards Prohibited and Restricted Uses Prohibit the following uses: • Accessory drive-through, except when embedded within enclosed buildings or enclosed parking structures (per Marietta Street Artery Overlay).

• Adult businesses • Any establishment offering check cashing services pursuant to a license issued pursuant to Article 4A of Chapter 7 of the Official Code of Georgia or loan money to the public except for any state or federally chartered bank, trust company, credit union, savings and loan association, or savings bank with deposits that are federally insured • Any pawnbroker establishment licensed by the City pursuant to City Code Chapter 122, Article III • Automobile service stations, battery exchange stations, and car washes, except when located more than 1,500 feet of another service station, or battery exchange station, or car wash

• Freestanding self-storage but allow self-storage within mixed-use buildings when no more than 25% of the total building floor area is used for selfstorage and the use is not located along a public or private street • Heavy industries (e.g. acid manufacture, asphalt plants, junkyards (outside), automobile salvage yards (outside), scrap metal processors (outside), concrete plants, cement plants, lime/ gypsum plants, bone and glue distillation and manufacturers, explosive manufactures or storage, fat rendering and fertilizer manufacturers, garbage, offal or dead animals, reduction or dumping, hazardous toxic materials, paper and paper pulp manufacturers, petroleum refineries, metal smelters) • Junkyards, automobile salvage yards or scrap metal processors (inside) • Materials recovery facility • Mortuary and funeral homes

• Billboards

• Municipal solid waste disposal facilities

• Compost facilities

• New and used car sales, including other motorized vehicles such as mopeds and motorcycles

• Extraction or removal of sand, gravel, topsoil, clay, dirt, or other natural resources.

• Solid waste handling facilities

• Fleet storage as a principal use along an arterial or collector street.

• Surface parking lots as a principal use, including park for hire surface parking lots

• Freestanding data centers but allow data centers within mixed-use buildings and when no more than 25% of the total building floor area is used for data centers and the use is not located along a public or private street

• Terminals, freight, rail, bus, or truck • Truck stops Restrict the following uses through distance requirements intended to prevent proliferation: • Repair garages, paint and body shops, welding shops

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Upper Westside Improvement District Masterplan

Upper Westside Overlay - Proposed Standards Continued Blocks and Streets Ensure the development of an interconnected street network over time through the following: • Mandatory new streets through a new or updated street framework plan that incorporates the Masterplan’s recommended public and private streets.

• Maximum block sizes standards of 600 feet, with allowances for larger blocks for new bona fide industrial buildings.

• Stub-street and interconnectivity standards so that adjacent developments will connect over time.

• Require that all streets used to meet block size requirements are designed as public access streets, even when privately owned.

• Require paper streets to conform to these standards, except where topographically unfeasible.

Streetscapes Incorporate any customized streetscapes standards emerging from the Masterplan. Absent any, typical City policy calls for the following: • On-street parking and/or bike facilities as determined by the Masterplan and other CID initiatives, including along Howell Mill Road; • A minimum 5-foot amenity zone along the curb for street trees and street furniture, except where otherwise recommended by the Masterplan and other CID initiatives; • A minimum 10-foot sidewalk along arterials, collectors, and in major mixed-use areas; and • A minimum 6-foot sidewalk in all other locations.

All such new streets should incorporate the streetscapes noted below.

Transportation Demand Management (TDM)

Multi-Use Trails and Mid-Block Pedestrian Ways

Incorporate standard for transportation demand management, including, but not limited to:

Improve the non-vehicular transportation network through the following: • Pedestrian and bicycle inter-parcel access.

• Right-of-way/easement reservation for any multiuse trails and pedestrian ways envisioned by the Masterplan.

Note: Typically, Georgia courts have held that cities cannot require developers to build multi-use trails and pedestrian ways that serve areas larger than

Upper Westside Improvement District Masterplan

the proposed project (i.e. a system improvement).

However, they do allow cities to require developments to provide easements for future facilities. Developers may also volunteer to build these facilities as part of the rezoning process.

• Adopting the new Midtown/Downton/ Buckhead TDM standards and procedures under development.

• Reducing the mandatory TDM threshold from the current 100,000 sf of office space to 25,000 sf of office space, per the Midtown SPI 16 model.

• Eliminating minimum parking requirements for all uses.

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Upper Westside Overlay - Proposed Standards Continued Open Space

Design Review

Encourage developers to provide well-designed open spaces on larger sites that include:

Require special administrative permits (SAPS) for all new buildings or adaptive reuse in the Upper Westside

• Requiring centralized open spaces; • Developing minimum standards for such open spaces; and • Allowing open spaces shown in the Masterplan to satisfy these requirements.

Access Management Require the following: • Shared driveways along major corridors.

• Inter-parcel access.

• Upgrades to existing alleys.

Urban Design

• Amend the BeltLine Overlay so that the CID and affected neighborhoods sit on the DRC when projects are proposed within the study area.

Administrative Variations Reduce the number of administrative variations that can be granted during the SAP process so that the following must be heard by the Board of Zoning Appeals: • Streetscape reductions or modifications unless there are specified reasons, including existing topography, existing trees, existing buildings, or existing utilities;

Require the following for all uses, except industrial uses in I-1 or I-2 districts:

• Retaining walls heights between a building and a public street, including retaining walls for existing topography;

Side or rear parking.

• Active use requirements along streets;

• Active uses along public streets.

• New off-street parking location requirements; and

• Fenestration (glass) along public streets.

• The block and street standards proposed above.

• Screening parking decks and parking lots with buildings along public streets.

• Minimum building size and height requirements, especially along commercial corridors, that prevent single-story fast food prototypes and similar uses.

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