UPDATE – City of Atlanta – Proposed Changes to the Residential Zoning Code

Z-21-73 an ordinance by councilmember Amir R. Farokhi to rezone certain properties within one half mile walking distance of high-capacity transit stations from various low-density residential zoning codes to multifamily residential multi use (MR-MU); to promote a variety of housing options and increase affordability near transit; and for other purposes. (21-O-0454)

Z-21-74 an by councilmember Amir R. Farokhi to amend the zoning ordinance of the city of Atlanta (part 16), by amending various provisions of the text of the zoning ordinance, including individual zoning district regulations, with regard to the subject areas and provisions that follow, MR-MU (multifamily residential multi-unit) zoning district and regulations (section 1 below); minimum parking requirements (section 2 below); accessory dwellings (section 3 below); to promote a diversity of housing options and increase housing affordability; and for other purposes.

These items will appear on the August NPU-N agenda (August 26) for REVIEW AND COMMENT and September NPU-N agenda (September 23) for a VOTE. The item will be heard by ZRB in October. Should you have questions please contact Johsua Humphries at jhumphries@atlantaga.gov.

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Last week, at the July meeting of LCN, a question was asked about the proposed changes to Atlanta’s zoning code for many of Atlanta’s single-family and two-family neighborhoods, including Lake Claire. These changes would affect R-4 and R-5 zoning and those neighborhoods near MARTA stations.

Below is the text of a letter in an email received this morning via the NPU-N Chair. The letter summarizes the proposed changes and provides links to several documents with additional information. You are urged to review the information and contact the name listed at the end of the text if you have any questions or concerns. At this time, it is unknown what the timetable is for public input but when it is announced it will be posted on the LCN website.

Fellow neighborhood leaders—

I write to be sure you are aware that District 2 Councilman Amir Farokhi recently introduced legislation—which originated from the City administration—to amend certain residential zoning in Atlanta along the lines proposed in The Atlanta City Design Housing.

The proposed legislation does not include all the zoning changes originally proposed by the City, but it does include a number of proposed zoning changes that could be problematic for many of Atlanta’s single-family and two-family neighborhoods, especially those in R-4 and R-5 zones and those near transit:

1. If passed, it would immediately rezone a 63-page-long list of single-family and two-family properties within a half-mile walking distance (not radius) of MARTA stations to MR-MU (multifamily/mixed use). MR-MU zoning would allow multi-unit buildings up to three stories (including up to four dwelling units) “targeting ‘missing middle’ housing needs.” MR-MU would also allow public schools, supportive housing and certain facilities necessary for operation of MARTA, and it would allow certain other uses by special use permit.

Some of the proposed MR-MU rezonings on the proposed legislation’s long list may be totally appropriate for the affected neighborhoods. But such rezoning would destroy the historic or other unique character of many others, and rather than taking a nuanced approach to increasing housing density near transit, the bill would apparently rezone every single-family property within a half-mile walking distance of transit regardless such concerns. The list of properties to be rezoned includes, for example, 118 single-family properties in Ansley Park (designated one of America’s 10 Great Neighborhoods); it includes a large collection of historic properties in the Victorian-era neighborhood of Inman Park; and it includes properties in many other single-family neighborhoods with historic or otherwise unique character all over town.

The legislation would also amend the land use classification of the listed single- and two-family properties in the 2016 Comprehensive Development Plan to “Medium-Density Residential.”

2. It includes provisions for enlarging both the type and size of allowable accessory dwelling units in R-4, R-4A and R-4B zones. Under the new legislation both attached and detached ADUs would now be allowed in these zones, although there is a maximum of two dwelling units per lot (including the primary one).  Detached ADUs in those zones could now be up to 750 square feet or 30 percent of the primary structure, whichever is greater.  Attached ADUs could be up to 1000 square feet or up to 50 percent of the primary unit, whichever is greater.

3. It includes provisions for the zero-lot-line subdivision of detached ADUs on properties in all R-4 zones on small slivers of land not subject to the normal lot size, setback or other zoning requirements for those zones. Detached ADUs in zones R-4 and R-4A could be subdivided off on lots of 2500 square feet with widths as narrow as five feet (and a combined width of 50 feet) and rear and side setbacks as narrow as four feet. Detached ADUs in zone R-4B could be subdivided off on lots of 1000 square feet with widths as narrow as five feet (and a combined width of 40 feet) and rear and side setbacks of four feet. Note that these subdivision provisions would allow flag lots and other oddly shaped properties that could lead to hardship-based variance requests in the future.

4. It includes provisions allowing detached ADUs in zone R-5, in addition to the duplexes currently allowed. The allowable size of the detached units would be 750 square feet or 30 percent of the primary structure (we assume the entire duplexed building), whichever is greater. The new legislation would also now allow a total of three dwelling units per lot, instead of the current two, and it would allow a total of four units per lot if they are zero-lot-line. (There is no indication in the proposed ordinance of what type of dwelling unit the fourth unit could be.)

5. it includes provisions allowing the zero-lot-line subdivision of the detached ADUs in zone R-5 on lots of 2500 square feet with widths as narrow as five feet and with a minimum combined width of 50 feet. These allowable subdivisions are in addition to the current allowable zero-lot-line subdivisions of duplexes, although only one zero-lot-line subdivision is allowed per lot. Note that if these subdivisions are allowed, the historical plotting pattern within intown neighborhoods in this zoning classification would be destroyed.

6. It includes provisions for totally eliminating off-street parking requirements in zones R-4 and R-5—which means that the additional residents the increased density proposed for those zones would bring would likely have to park on already congested streets.

We would urge those of you with R-4 or R-5 neighborhoods (or streets) and especially those with neighborhoods in close proximity to MARTA stations to review the impact of this newly proposed legislation on those neighborhoods as soon as you can, and that you take appropriate steps to raise your concerns with Mayor Keisha Lance Bottoms, Commissioner Tim Keane and your City Council representatives. We would also suggest that leaders of those neighborhoods urge affected residents to circle up with their respective NPU representatives, since the proposed zoning code amendments and the proposed MR-MU rezonings will likely be heard in NPU sessions later in July and in August. Affected residents may want to attend their respective NPU meetings so their voices can be be heard and their votes counted.   Links to the three ordinances included in this proposed legislation are included below. The address list of properties to be rezoned MR-MU can be accessed by clicking on the WalkShedParcels_Zoning link in Ordinance 21-O-0454.

If you lead an organization that includes multiple different neighborhoods, please feel free to forward this email on to individual neighborhood leaders whose neighborhoods are potentially affected by this proposed legislation. We would also would urge all of you who receive this message to forward it on to every neighborhood leader you know. We believe that there are many residents throughout the city who are unaware of the City’s proposals for their neighborhoods, and we are trying to spread the word as broadly as we can.

You should also be aware Commissioner Keane has independently included the various proposals described above as “policy action” items in his proposed 2021 Update to the City’s Comprehensive Development Plan.   That means that residents opposing provisions in the newly proposed ordinances should also oppose the corresponding provisions in the 2021 CDP Update. This is because the CDP update is independent of the Municipal Code and will transcend the coming election, and thus even if the ordinance provisions are defeated, the CDP “policy actions” could be read as a mandate for future legislation.

Please let me know if you have any questions.

With many thanks and best regards,

Gloria Cheatham

Single-Family Residential Neighborhood Taskforce

Executive Board – NPU-A

404-354-9190 gjcheath@comcast.net

21-O-0454: Amend the Zoning Ordinance re Properties near Transit

21-O-0455: Amend the Land Use Element of the 2016 CDP to Increase Density of Properties near Transit

21-O-0456 Amend the Zoning Ordinance re: MR-MU, Parking, and ADUs

NOTE: The List of Properties is attached to Ordinance # 21-O-0454 and described as WalkShedParcelsZoning.