Quote:
Originally Posted by Dettmann1
Is this really the case? That means he would have had to apply for permits nearly 10 years ago. Going off memory, a moratorium was put into place on the beltline overlay in 2005-2006 timeframe which prevented any projects from being permitted until after the overlay was completed (I had a couple projects get stuck because we were about to submit before the moratorium). I'm pretty sure there is also a sunsetting provision on all applications which means he would have had to submit constantly about every-6 monts for 10 years on this project....
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The BeltLine Overlay Districts are essentially development controls:
•Transitional uses and yards
•Open space requirements and incentives
•Site limitations
•Sidewalks
•Supplemental zone
•Relationship of building to street
•Loading and associated areas
•Driveway configuration
•Lighting, security and maintenance requirements
•Landscaping requirements
•Off-street bicycle parking requirements
•Off-street parking requirements
•Pedestrian bridges and tunnel requirements
But they DO/DID NOT change the existing underlying zoning for any property within the overlay boundaries. They also did not change densities or permitted uses- which were remain governed by underlying zoning.
Essentially what they did was create a "quality of life" zoning that controlled how developments addressed better sidewalks, street trees, lighting and street furniture as well as parking to be "shielded" by landscaping, etc.
The site was still zoned light industrial (which allows for big-box, suburban style development like Fuqua's) despite being in the BeltLine overlay district. The Citycouncil tried to "proactively" rezone the site even though several permits (land disturbance, etc) had already been in progress. Which is where the legal issues came up.