Z-17-23 812,816,822 BERNE STREET

​DATE: June 12, 2017

An Ordinance by Zoning Committee to rezone from R-5/BL (Two Family Residential/BeltLine Overlay) District to MR-4B-C/BL (Multifamily Residential, Sector 4B-Conditional/BeltLine Overlay) District for property located at 812, 816, and 822 Berne Street, S.E.
FINDINGS OF FACT:
    Property location: The subject site fronts approximately 150 feet on the north side of Berne Street and beginning at the northeast corner of Marion Street. The site is located in Land Lot 22, 14th District of Fulton County, Georgia within the Grant Park neighborhood of NPU-W and Council District 1.
    Property size and physical features: The site is approximately 0.55 acres and is currently developed with three single-family residential structures. The site is landscaped with numerous mature trees and shrubs scattered throughout. The lot topography varies with multiple grade changes across the site.
    CDP land use map designation: The current land use designation is Inw-Density Residential (LDR). The applicant has requested a change in the land use to High-Density Residential land use designation to ensure compatibility with the portion proposed to be rezoned to MR-4B.
    Current/past use of property: The site has been used for residential uses and staff is unaware of any other previous uses.
    Surrounding zoning/land uses: The subject properties are adjacent to properties zoned for two-family and multifamily residential purposes and are categorized as follows: R-5 (TwoFamily Residential) District with Low Density Residential land use designation to the west and south, MR-4A-C (Multifamily Residential, Sector 4A-Conditional) District with High

Z- t 7-23 ror 812, 816, and 822 Berne street, S.E.
June 12, 2017 Page 2 of 3
Density Residential land use designation to the east and northeast, and the 1-1 (Light Industrial) District with High Density Residential land use designation to the north.
 Transportation system: Berne Street is a collector street. Marion Street is a local road. There are sidewalks provided along the south side of Berne Street and the west side of Marion Street. MARTA does not directly service the immediate area.
PROPOSAL
The applicant has proposed to rezone the subject site from R-5 to MR-4B to allow for the development of an approximately 27,000 square feet, 12-unit townhouse residential development.
Development Specifications:
 

Net Lot Area:
24,046 s.f.

Gross Lot Area:
33,402 s.f.

Total F.A.R. Allowed:
1.49 (35,828.54 s.f.)

Residential F.A.R. Proposed:
1.12 (26,931.52 s.f.)

Building Height Max Allowed:
35' feet

Building Height Proposed:
30' feet

Useable Open Space Required:
14,363 s.f. (0.43)

Useable Open Space Proposed:
20,774 s.f. (0.62)

Setbacks Required:
Side Yard: Minimum depth of 15 feet, except that

the side yard may be reduced to zero feet when a residential use has no residential windows adjacent to such yard
 
Rear Yard: 20'

Setbacks Proposed:
Side Yard: 7'
Rear Yard: 20'

Parking Required:
10 spaces (0.81 spaces/unit)

Parking Proposed:
24 spaces

CONCLUSIONS:

1. Compatibility with comprehensive development plan (CDP): timing of development:

The proposed rezoning is not compatible with the Low Residential land use designation. Therefore, a Comprehensive Development Plan (CDP) amendment to the High-Density Residential designation is required.

1. Availability of and effect of public facilities and services: referral to other agencies: Since the area has been an established residential area, water and sewage facilities serving the property are assumed to be adequate.
2. Availability of other land suitable for proposed use: environmental effect on balance of land uses: Staff is of the opinion that the request to rezone the subject property would not create any issues that would negatively affect the balance of land uses in the area.

Z- 17-23 for 812, 816, and 822 Berne street, S.E.
June 12, 2017 Page 3 or 3

1. Effect on character of the neighborhood: Staff is of the opinion that this proposal would have a positive effect on the surrounding neighborhood by redeveloping the unutilized site. Furthermore, the proposal provides an opportunity for infill residential development in an established residential neighborhood. The proposal is consistent with the development of the surrounding neighborhood.
2. Suitability of proposed land use: The proposal would be an adequate addition to the traditional character of the existing residential neighborhood. Staff believes rezoning the subject property to the MR-4B zoning classification, which has a stated purpose "to preserve and restore existing, traditional neighborhoods, protect existing stable single-family neighborhoods from uses and building forms which are incompatible with their scale, character, and needs". Furthermore, the proposed land use would also preserve the lower density residential character of the traditional residential neighborhood from the encroachment by non-residential uses and incompatible scaled residential development in this area. The proposal implements the intent of both the proposed zoning classification and land use amendment. Staff is of the opinion that the request to rezone for the purpose of a redevelopment of the site would be appropriate.
3. Effect on adjacent property: Staff is of the opinion that the rezoning of the subject site to the MR-4B zoning designation would not pose negative impacts to the adjacent properties. The rezoning of the property to MR-4B would provide a buffer and transitional zone between the high-density multifamily residential developments to the north and the lower density, traditional residential neighborhood to the south. Therefore, the rezoning of the subject properties to MR-4B would provide an appropriate addition to this low-density residential portion of the Grant Park neighborhood.
4. Economic use of current zoning: The current zoning would allow the proposed use of the land. However, a change to the MR-4B district would allow the redevelopment of the subject site to a more economical use and scale while providing an opportunity for an infill low-density residential development.

STAFF RECOMMENDATION: APPROVAL conditioned upon the following:
1. Conceptually, the site shall be developed in accordance with the revised site plan titled
"812, 816, 822 Berne Street" prepared by Crescent View Engineering, LLC dated April 3, 2017, and marked received by the Office of Planning on April 4, 2017. None of these documents shall prohibit the full application of the MR-4B zoning district or Beltline Overlay regulations nor prohibit the approval of amendments to the plan by the Director of the Office of Zoning and Development.