Newspaper Page Text
COMMUNITY
City Council approves changes to overlay zoning district
BY MELISSA WEINMAN
melissaweinman@reporternewspapers.net
Brookhaven City Council recently
tweaked the city’s “overlay zoning dis
trict,” but some residents and developers
fret that even small changes could have
big consequences.
Brookhaven Peachtree Overlay Zon
ing District is a special zoning that sets
guidelines for urban, pedestrian-friend
ly development around the Brookhaven
MARTA station and the Peachtree Road
corridor.
Council members wanted to clari
fy the language in the city’s zoning doc
ument because of past confusion cre
ated by different interpretations of the
rules. Confusion has arisen over park
ing, about what constituted a building’s
required second story, and how densely
developed projects could be.
One change to the overlay defines a
“conflict” as competing regulations or
provisions between the overlay and the
underlying zoning district, and clarifies
which rules should be followed if the
overlay is silent on a topic. “In the ab
sence of a provision in the overlay dis
trict, the regulations of the underly
ing zoning shall apply,” the new version
reads.
John Speros, senior vice president of
brokerage for Ackerman & Co., repre
sents the owner of the Peachtree Road
property that houses Kauffman Tire and
the former Hastings garden store.
Speros said after a proposal for a
Chase Bank branch was denied by the
DeKalb County Zoning Board of Ap
peals last year, his client went back to the
drawing board and returned with a pro
posal that better meets the requirements
of the overlay. They now are working
on a $50 million development that is to
include upscale apartments and about
20,000 square feet of ground-level retail.
But Speros said the underlying zon
ing of the property would not allow for
multifamily development.
“It’s got everything that the Brookhav
en Overlay district originally envisioned.
We are now being told this text amend
ment would eliminate our ability to do
multifamily,” Speros said. “It can’t hap
pen without having the density around
it. They go hand in hand.”
Speros asked the council to consid
er the economic impact such a develop
ment could have on the city.
“We were willing to build within
guidelines of the existing overlay, which
is 5-6 stories,” Speros said. “We don’t
have any idea what we’re going to end
up with or if we’re going to end up with
anything. That depends if the mayor
and council will work with us to build a
project that will make sense for the com
munity.”
CONTINUED FROM PAGE 1
“We’re looking at almost a million
and a half more in property taxes than
we originally estimated. I take that as
good news,” said City Councilwoman
Rebecca Chase Williams.
The council is considering a mill-
age of 3.35, the maximum allowed un
der the city’s charter. Officials have pro
posed this rate due to low revenues that
are expected during the city’s first year of
operation.
Property taxes are calculated by mul
tiplying the assessed value of property by
the city’s millage.
Kline explained that taxes are levied
on 40 percent of a home’s fair market val-
Councilwoman Rebecca Chase Wil
liams said rezoning is still a viable option
for the project Speros presented.
“It’s not meant in any way to bog
developers down or slow development
down. But we’re going to live with these
developments for generations.”
Among other changes in the amend
ment is language that calls for the sec
ond story to encompass 100 percent of
the gross floor area of the first floor, al
lowing up to 25 percent of the second
floor to be used for open air spaces for
dining or other business purposes. The
amendment also clarifies parking for res
taurants, with a minimum of one park
ing space for every 125 square feet of
dining space.
The changes in parking came after
residents raised concerns that the lim
ited parking allowed under the overlay
would create a backlash in the commu
nity.
Kathy Forbes said the parking should
be increased until a better public trans-
ue. So 40 percent of a $250,000 house
is $100,000. Subtracting $20,000 for
the city’s homestead tax exemption leaves
$80,000. Multiplying that $80,000 by
3.35 mills means the property owner
would pay $268 in taxes, if the proposed
millage is approved by council.
During the public hearing June 17,
resident Stephanie Miller asked coun
cil members not to raise her taxes above
what she paid before the city incorpo
rated.
“I’d love to not have to pay one dol
lar extra over what I paid last year,” Miller
said. “I’m looking at a $750 increase over
a two-year period. That’s a lot of money.”
Resident Karen Lord also asked
portation culture is established in the
Brookhaven area.
“We’re not a city like San Francisco.
We don’t have that kind of public trans
portation right now,” Forbes said. “I just
think we really need to accommodate
that parking.”
Michael Roberts cautioned against
limited parking with strict enforce
ment, which has plagued areas like the
Virginia Highland neighborhood of
Atlanta. “It’s going to ultimately drive
people away if they can’t find a park
ing spot.”
Councilman Bates Mattison said
more broad discussions about the over
lay should take place during the city’s
comprehensive planning process, which
is scheduled to kick off this fall.
“I think that a lot of thought by pro
fessionals and the community was put
into the overlay,” Mattison said. “It
would be improper without more pub
lic discussions to really get into the guts
of the overlay.”
council members to keep taxes low. “I
want everybody to remember this city
was sold to us as less taxes and better ser
vices,” Lord said.
Williams said council would like to
make the tax rate as low as possible.
But more information, including the
portion of DeKalb County’s HOST
credit the city will receive, is needed
before they will be able to make that
decision.
“I know all of us share a desire to re
duce the millage ... but to do that we
need more numbers,” Williams said.
“Mindful of all that, I think we’ll keep
getting the information and sit here
with sharpened pencils.”
Residents ask council to keep taxes low
2009 Best Chinese-The Sunday Paper
Chin Chin 2001-2002 Best Chinese by Atlanta Jewish Times readers
1998-2012 Best Chinese by Creative Loafing
Mouth-watering Chin Chin spices things up.” -The Atlanta Journal Constitution
“Most Memorable Meal” -Where Atlanta Magazine - 21/2 stars-Knife & Fork
Come Live at Saint Anne’s Terrace in the Heart of
Buckhead and Enjoy Retirement Living Your Way!
3887 Peachtree Road, Buckhead/Brookhaven And Other Locations
404-816-2229 I www.ChinChinAtlanta.com
3100 Northside Parkway, NW
Atlanta 30327
www.saintannesterrace.org
saint anne’s terrace, inc. 404-238-9200 a
“I can commune with nature from
my apartment by looking out at the
fruit trees changing color with the
seasons and watching the birds on
the two feeders outside my window.”
. DELIVERY (LIMITED AREA, MIN. $10)
. CARRY OUT . CATERING . FULL BAR SERVICE
WATCH OUR OPEN KITCHEN & EXPERIENCE THE ART OF CHINESE COOKING!!
What Bud Lovell loves about
living at St. Anne’s Terrace:
6 | JUNE28 — JULY 11,2012 | www.ReporterNewspapers.net
