September 22, 2020:
Atlanta adopts new historic district in Poncey-Highland.
Read more about this designation via the City of Atlanta Department of City Planning!
PLEASE NOTE: This page is under construction.
We’ll update the below content soon to reflect the new Poncey-Highland Historic District designation.
If you have a question related to land use and planning, please email phhistoric@gmail.com.
Find the property owner notification packet with more details and regs from the City HERE.
PLANNING & VARIANCES
The neighborhoods that became modern-day Poncey-Highland were originally planned and developed in the early teens and 20’s based on zoning codes and ordinances in place at the time. Consequently, Poncey-Highland features walkable, tree-lined streets and many older homes, which is what attracted many of us to the neighborhood.
As residents choose to renovate or improve their homes to stay in the neighborhood rather than leave when their needs change, they discover that these original conditions mean that their setbacks don’t comply with the zoning codes and ordinances put in place in 1982, which are still mostly in effect today. Depending on what it is that they seek to do, they might need to apply for a variance.
The City of Atlanta’s zoning codes and ordinances are designed to protect the quality of life and property values of its residential communities. But since many existing conditions in older Intown neighborhoods like Poncey-Highland don’t conform to the letter of the regulations, the City has a variance process for projects that conform to the spirit of the regulations. This variance process enables a home owner to secure a building permit for renovations which may not technically conform to current zoning standards but address an allowance needed to achieve better design or address a hardship created by the fact that existing conditions don’t match the current regulations.
When you need a variance, PHNA, in particular the land use committee, is here to walk you through the process.
I applied for a permit and I was told I need a variance. What is the process?
The process has multiple parts.
Poncey-Highland Neighborhood Association (PHNA) Land Use Committee meeting (usually the 2d Wednesday of the month)
PHNA General meeting (usually the 3rd Wednesday of the month)
NPU-N (usually the 4th Thursday of the month)
Board of Zoning Adjustments (BZA) (as scheduled when your application is filed)
After you submit you variance application, it will be forwarded to the NPU-N chair who will forward it to the PHNA Land Use Committee (you can also reach out directly to the committee in advance). You’ll meet with the PHNA Land Use Committee, which votes to recommend to support or not support your application and may suggest changes or conditions to support. This recommendation is taken to the PHNA general meeting, where a vote is taken to support or not support your application. This recommendation is conveyed to the Neighborhood Planning Unit N, which considers your application and votes to support or not support your application. NPU-N’s recommendation is the one that is communicated to the BZA, which makes the decision whether or not to grant your variance. At each step of the process an application may be deferred. Usually a deferral happens when not an application is not complete or an applicant needs more time to work out details or respond to a request for additional information.
Current and recent PHNA applications below.
Applications will appear on PHNA agenda in the month listed. see NPU-N Agendas here. (Applicants usually appear at NPU-N the same month they appear at PHNA, but not always.) Also, follow these links for Board of Zoning Adjustment (BZA) and Zoning review board (ZRB) Agendas.
Comprehensive Development Plan (CDP) Updates
The CDP is Atlanta’s guide for growth and development.
Georgia Department of Community Affairs (DCA) and Atlanta Regional Commission (ARC) require Atlanta to adopt and implement a CDP and update it every 5 years. While these more robust updates occur every 5 years, minor updates occur annually and on an as-needed basis.
The next major update had been scheduled for October 2021, however, we have learned recently that this has been postponed until 2022.
NPU-N has requested all NPU-N neighborhoods to submit their annual updates/edits for the CDP. These updates are due to NPU-N by May 24th, will be reviewed and discussed at the May 27th NPU-N meeting, and will be compiled and submitted to the City by June 1st.
PHNA’s Land Use Committee has assembled the suggested updates/edits for Poncey-Highland’s section of the CDP. Our suggested updates/edits are more robust given the recent adoption of the Poncey-Highland Historic District and ongoing concerns regarding traffic and infrastructure.
PHNA’s Land Use Committee has also made suggested updates/edits to the general NPU-N section of the CDP, and hope that NPU-N will give these suggestions their consideration.
Download PHNA Land Use Committee’s NPU-N CDP Updates Draft at the link below. Our suggested updates/edits are shown in red.
To learn more about the Comprehensive Development Plan, process, and updates, please see the following links:
Comments or questions may also be sent to the PHNA Land Use Committee via email at phlanduse@gmail.com.
Z-21-41 – Ordinance (Urban Farmstands)
For Review & Comment Only:
Ordinance to amend the City of Atlanta Zoning by amending the definition of urban gardens to allow for on-site sales, and where a Special Administrative Permit is required for an urban garden, amend the terms of the permit from a 12 month term to a 3 year term. The intent of this ordinance is to expand the use of urban gardens in residential areas, increase the availability of locally grown food, stimulate neighborhood economic activity, and to have additional positive community impacts. This proposed ordinance will be on the NPU-N agenda in May for review & comment only, and will be on their June agenda for a vote.
Comments may be shared with the PHNA Land Use Committee via email at phlanduse@gmail.com.
791 Ralph McGill Blvd NE – Z-21-042 & V-21-110
For Review & Comment Only:
Application to rezone from MRC-1/Beltline to MRC-3/Beltline
Application for a variance to exceed the maximum building coverage from 85% to 100% for the construction of a multi-family building. The property is currently a vacant lot and is proposed to be redeveloped with a 24 unit multi-family building. Units may be rental or for sale. Per BeltLine overlay requirements, the property will include affordable (60% or 80% AMI) and market rate units.
This property is in NPU-M. As a property that is within 300 feet of NPU-N, we have the opportunity to provide review and comment only - we will not get to vote on these applications.
The applications are on the July NPU-N agenda for review & comment. The Code of Ordinances does not require the applicant to attend NPU meetings.
The applicant presented to the PHNA Land Use Committee in July, and the committee is in support of the applications. Fourth Ward Alliance and NPU-M’s Land Use Committee have both given recommendations of approval for the rezoning and variance applications.
Comments may be shared with the PHNA Land Use Committee via email at phlanduse@gmail.com.
License Review Board (LRB) – alcohol license applications for Illuminarium Experiences (New Business)
License Review Board (LRB) – alcohol license applications for Illuminarium Experiences (New Business – Event Center, Patio & Restaurant)
o FOR VOTE: Applicant seeks new alcohol licenses for the new business, Illuminarium Experiences, located at 820 Ralph McGill Boulevard NE (at Common Ground on the BeltLine). Applications are for new alcohol licenses for their Event Center, Patio, and Restaurant.
o Reminder: You must be a resident (owner or renter) to vote on land use issues. Photo ID and proof of Poncey-Highland residency may be required for new PHNA attendees to validate vote.
License Review Board (LRB) – alcohol license application for Publix Super Markets, Inc. #0724 (Change of Agent)
o FOR VOTE: Applicant seeks a Change of Agent for Publix Super Markets, Inc. #0724 located at 1001 Ponce de Leon Ave. NE.
o Reminder: You must be a resident (owner or renter) to vote on land use issues. Photo ID and proof of Poncey-Highland residency may be required for new PHNA attendees to validate vote.
20-O-1656 Ordinance (Short-Term Rentals)
FOR DISCUSSION: An ordinance proposed by a group of Councilmembers including Amir Farokhi to regulate and tax short-term rentals (ie. Airbnb) within the City of Atlanta. This item will be on the February NPU-N agenda for review and comment.
Please fill out this feedback form to share your comments with PHNA by 2/24/21. This feedback will be taken by our NPU-rep and shared at the February NPU-N meeting on 2/25/21. NPU-N will discuss and share collected comments with the City.
Feedback and questions on the proposed ordinance may also be submitted to Councilmember Farokhi at arfarokhi@atlantaga.gov and to Kemberli Sargent, City of Atlanta, Planner at ksargent@atlantaga.gov.
20-O-1696 Ordinance (Food Trucks)
FOR DISCUSSION: A proposed substitute ordinance to amend Section 30-1400 of the City of Atlanta Code of Ordinances to provide a process for establishing and removing designated food truck areas in an effort to promote opportunities for small business and increase food access for underserved areas of the city. This item is for review and comment only. It will be discussed at the January NPU meetings, but it will not return for a vote.
Atlanta BeltLine Subarea 5 Master Plan Update
FOR DISCUSSION: The Atlanta BeltLine is in the process of updating their Subarea Master Plans that were created and approved more than 10 years ago. They wrapped up their public meetings in 2019 and had been in the process of presenting these updates to the stakeholders, prior to the COVID-19 shutdown. They are restarting those efforts, to do additional outreach to the neighborhood groups that fall within those subareas. Poncey-Highland falls within Subarea 5, and representatives from the Atlanta BeltLine will be presenting the “draft” recommendations at the January PHNA General Membership Meeting to refresh the community on the master plan, get additional input, and address any questions. The goal is to get the Subarea 5 Master Plan adopted for “information only”. This will not require any changes to the City’s Comprehensive Land Use Plan, nor does it involve any rezoning.
Feedback on the Atlanta BeltLine Subarea 5 Master Plan Update may be submitted on the Atlanta BeltLine website or directly to Nathan Soldat, Atlanta Beltline, Inc. Community Engagement Manager at nsoldat@atlbeltline.org or at (404) 477-3552.
Original and Draft Subarea 5 Master Plans
License Review Board (LRB) – alcohol license application for Hotel Clermont (Change of Ownership/Agent)
FOR VOTE: Applicant seeks a Change of Ownership/Agent for Hotel Clermont Tenant, LLC. They are seeking the change on two licenses - restaurant and rooftop bar. Hotel Clermont, 789 Ponce de Leon Ave. NE.
Reminder: You must be a resident (owner or renter) to vote on land use issues. Photo ID and proof of Poncey-Highland residency may be required for new PHNA attendees to validate vote.
Poncey Highland Historic District Planning Map
Click to view the latest copy (V3.5) of the subarea map
Please be aware this copy is a draft which may be subject to minor changes.
ZRB Meeting on Historic District Z-20-15
The Poncey-Highland Historic District legislation Z-20-15 is scheduled to be heard by the Zoning Review Board (ZRB) on August 13 at 6 PM. This meeting will take place over Zoom. Please follow the following instruction for connecting to the meeting:
PARTICIPANTS MUST HAVE A ZOOM ACCOUNT OR USE DIAL IN NUMBER BELOW
https://atlantaga-gov.zoom.us/j/96787734799?pwd=ZGllM3BHRTUrTFRMczFDc052dmRsQT09
Meeting ID: 967 8773 4799 Password: 757803
Dial In Number: +19292056099,,96787734799# US (New York) 13017158592,,96787734799# US +(Germantown)
For full details regarding the format of the ZRB meeting including opportunities for public comment please click here.
June 2020: NPU-N Bylaw Update
NPU-N Bylaw Update
Every year at the June NPU-N meeting, the residents and business owners of our NPU vote on the NPU-N bylaws. We are a unique NPU as each of our neighborhoods send a representative to vote on zoning and LRB matters and report back to neighborhoods.
This year's unique environment has posed challenges and opportunities. Participation has increased and zoning seems to have decreased.NPU-N board members have been reviewing NPU-N bylaws and have proposed a few updates.
PHNA will make a recommendation to support or not support this update at its June 10 deadline meeting.
1. The meeting venue is defined by the printed agenda. As always, this is determined by a Board vote, and distributed by Planning, subject to minimum lead time requirements defined elsewhere.
2. Quorum is achieved by majority Board attendance at the printed venue.
3. Board members can vote if they are visible and audible to attendees, and able to ask questions.
4. Applicants required to appear must be recognized as present at the venue printed on the agenda.
5. Robust update to public input mechanisms and digital presentation of meeting materials.
6. "Chairman" & "Chairperson" simplified to "Chair".
March 2020: Poncey Highland Historic District
Z-20-15 Poncey-Highland Historic District
Note: The regulations attached with the ordinance moving through the process are the "interim controls" distributed to property owners in the neighborhood in November 2019. Final draft regulations will be presented at the March PHNA general meeting for a recommendation of support or non-support; those regulations, with any changes or amendments, will be presented at the March NPU-N meeting for a recommendation of support or non-support; the resulting vote and regulations, with any changes or amendments, will be presented to the ZRB on either April 2 or April 9.
November 2019: 820 Ralph McGill Blvd. NE // V-19-261
Special exception request. Applicant is requesting a parking reduction for shared parking at the Common Ground site.
October 2019: 1037 North // V-19-211
1037 North // V-19-211
Applicant seeks a variance from the zoning regulations to 1) reduce the required east side yard from 7 feet to 3 feet and 2) reduce the required rear yard setback from 15 feet to 3 feet in order o construct a detached garage.
October 2019: 599 Linwood // V-19-216
599 Linwood // V-19-216
Applicant seeks a variance from the zoning regulations to 1) reduce the north side yard setback form 7 feet to 3 feet, 2) reduce the rear yard setback from 15 feet to 3 feet, and 3) to increase the lot coverage from 50 percent to 55 percent.
October 2019: 863 Ponce // Z-19-077 and V-19-192
Re-zoning and variance requests for 863 Ponce de Leon Ave. (Moe’s site)
