Z17-17 1096 CUSTER AVE

​DATE:
June 8, 2017 (Movedfrom May 11, 2017)
 

An Ordinance by Councilmember Carla Smith to rezone property located at 1096 Custer Avenue from PD»H (Planned Development Housing) District to PD-H (Planned Development Housing) District for a change of conditions; and other purposes.
FINDINGS OF FACT:
    Property Location: The property fronts approximately 287 feet on the north side of Custer Avenue and approximately 190 feet from the northeast intersection of Custer Avenue and Woodland Avenue. The property is located in Land Lot 9 of the 14th District of Fulton County, Georgia in the Custer/McDonough/Guice Neighborhood of NPU-W, Council District 1.
    Property Size and Physical Features: The property consists of a parcel of approximately 4.0 acres of lot area and is currently developed with a residential neighborhood. The topography varies across the site.
    CDP Land Use Map Designation: The current land use category for the site is Single-Family Residential within the 2016 Comprehensive Development Plan (CDP).
    Current(Past Use of Property: The site is currently developed with a residential neighborhood. Staff is unaware of any other previous uses for the site.
    Surrounding Zoning/Land Uses: The surrounding parcels are zoned as follows: R-4 (SingleFamily Residential) District with a Single-Family Residential and Open Space land use designation to the north, R-4 (Single-Family Residential) District with a Single-Family Residential land use designation to the south and west, C-I-C (Commercial Business-Conditional) District with Low Density Commercial land use designation to the east, and MRC-I-C (Mixed Residential
7..17-17 ror a Text Arnendment 10 1096 Custer Avenue, S.F,
June 8, 2017
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Commercial-Scctor I-Conditional) with a Low Density Mixed Use land designation to the northeast.
    Transportation System: Custer Avcnuc is classified as a collector street. There are sidewalks available on both sides of Custer Avenue. MARTA provides bus service to the immediate area via Roulc #49 along Custer Avenue.
PROPOSAL:
The text amendment is to amend Ordinance #  to the existing PD-H (Planned Development-Housing) dcvelopmcnl at 1096 Custer Avenue. The proposed amendment addresses the removal of conditions #7, #8, and #10.
CONCLUSIONS:

1. Compatibility with Comprehensive Development Plan (CDP): timing of development: The proposed legislation to amend the Planned Development-Housing District regulation for 1096 Custer Avenue would not change the current land use designation of properties nor affect the timing of development for any proposed projects since no specific development projects are contemplated.
2. Availability of and efTect on public facilities and services: referrals to other agencies: Since no development projects are being proposed as part of the text amendment, these considerations are not applicable.
3. Availability of other appropriate land zoned for proposed use: effect on balance of land uses with regard to the public need: This legislation does not propose any development rather only a text amendment regarding monument s, square footage requirements of homes in the development, and driveways for homes on the western side of the development. Therefore, Staff notes that it is not applicable in regard to the proposed legislation.
4. Effect on character of the neighborhood: Staff is of the opinion that the proposed text amendment would improve the character of the neighborhood by allowing the identification of the neighborhood along Custer Avenue, allowing a mixture of dwelling sizes within the neighborhood, and removal of potential hardships on the existing dwellings along the west side of the development, where an increase in the amount of impervious surfaces on the irregularly shaped residential lots could be realized. Staff is of the opinion this legislation would allow an overall improvement to said residential neighborhood.
5. Suitability of proposed land use: There would be no change in land use pertaining to the proposed text amendment. Therefore, Staff notes that it is not applicable in regard to the proposed legislation.
6. Effect on adjacent property: Since this text amendment is a change in conditions to an existing development and since no development project is being proposed, there is no discernible negative effect on adjacent properties.

7.-17-17 for a Text Altlcndmenl tn 1096 Custer Avenue, S.E.
June 8. 2017 Page 3 or 3

1. Economic use of current zoning: Since no rezoning or development projects are being proposed as part of this text amendment, these considerations are not applicable.
2. Compatibility with policies related to tree preservation: Since no development projects arc being proposed as part of this text amendment, these considerations are not applicable.
3. Other considerations: Staff is supportive of this text amendment as it would allow neighborhood identification of the neighborhood along Custer Avenue a mixture of dwelling sizes within the neighborhood, and removal of potential hardships on the properties along the west side of the developmcnt, where there would be an increase in the amount of impervious surfaces on the irregularly shaped residential lots. Furthermore, the text amendment would provide reasonable provisions for existing non-conforming development on the site.

The following findings are in accordance with Section 16-19.005 (5) of the Zoning Ordinance of the City of Atlanta for Planned Development Districts:

1. The suitability of the tract for the general type of PD zoning proposed.

This application is a request for a rezoning for a change in conditions. Staff is of the opinion that the request is suitable for a PD-H (Planned Development - Housing) District zoning classification. Location, the zoning of surrounding properties, and availability of public utilities arc appropriate elements considered by Staff as satisfactory. Also, Staff is of the opinion that the proposed project would be compatible with the general area and neighborhoods and would enhance the character of the area.

1. The relationship to maior roads and mass transit facilities. utilities and other facilities and services. Custer Avenue is a collector street, which intersects with Moreland Avenue, an arterial street. MARTA bus route #49 stops on Woodland Avenue within a 1/4 of the site.
2. The evidence of unified control. Staff finds that the criteria can be evaluated at a later time, during the review of the required building permits.
3. The suitability of proposed plans. There has not been any submittal of conceptual site plans associated with this proposal.
4. Specific modifications. Therefore, Staff notes that it is not applicable in regard to the proposed legislation.
5. The suitability of a maintenance program. The applicant has provided no information related to a maintenance program for any possible common areas. Staff will require that the development is governed by private covenants to provide for ownership/maintenance of future common areas.

STAFF RECOMMENDATION: APPROVAL