CITY UTILITIES COMMITTEE

CITY UTILITIES COMMITTEE

AGENDA

JULY 10, 2007

A.        ADOPTION OF THE AGENDA

B.         APPROVAL OF THE MINUTES

C.        COMMENTS FROM THE PUBLIC

D.        ORDINANCES FOR SECOND READING

07O1326( 1)            An Ordinance by City Utilities Committee amending the 2007 (2004 Quality of Life Bond Fund, 1994 Referendum G. O. Bond Fund, 1996 G. O. Public Improvement Bond Part B, 1996 Annual Bond Fund) Budget by transferring from and to appropriations for the purpose of reprogramming; and for other purposes.

07O1441( 2)            An Ordinance by Councilmember Jim Maddox authorizing the Mayor or her designee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain Subdivision SD-07-25, (1888 Kimberly Road, SW) applicant deposit a dollar amount ($11,300.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 11; and for other purposes.

07O1442( 3)            An Ordinance by Councilmember Jim Maddox authorizing the Mayor or her designee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain Subdivision SD-07-07, (2568 & 2608 Rex Avenue, SW) applicant deposit a dollar amount ($7,700.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 11; and for other purposes.

07O1445( 4)            An Ordinance by Councilmembers Anne Fauver and Carla Smith authorizing the Mayor to grant AT & T a permanent construction and maintenance easement in Piedmont Park for the installation and maintenance of new underground telecommunication cables within Piedmont Park, located in Land Lots 54 and 55 of the 17^th District of Fulton County, Georgia, where the installation and maintenance of such cables shall be at no cost to the City; and for other purposes.

07O1447( 5)            An Ordinance by Councilmember Kwanza Hall authorizing the City of Atlanta to waive the provisions contained in the Chapter 138, Article II, Division 6, Section 138-60 (a) of the City of Atlanta Code of Ordinances, to allow the Commissioner of the Department of Public Works to issue a permit for the placement of banners containing limited advertising in the public right-of-way; and for other purposes.

E.         RESOLUTIONS

07R1360( 1)            A Resolution by City Utilities Committee to authorize the Mayor to issue a Notice to Proceed to CH2MHill/Williams, Russell, Johnson, Joint Venture, for FC-7619-03C, Annual Contract for Architectural and Engineering Services for Emergency Response Program Revisions, on behalf of the Department of Watershed Management, in an amount not to exceed $399,695.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J21 (Water and Wastewater Renewal & Extension Fund) 524001 (Consultant/Professional Services) Q12T07419999 (Water Security Surcharge); and for other purposes.

07R1372( 2)            A Resolution by City Utilities Committee authorizing the Chief Financial Officer to pay the invoices of AT&T/BellSouth Communications System for work associated with the Department of Watershed Customer Information System One Call Center in an amount not to exceed $285,900.43 to be paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension Fund) 521105 (Non-Consumable) Q71C04019999 (Call Center Services Project); and for other purposes.

07R1373( 3)            A Resolution by City Utilities Committee to authorize the Mayor to execute a Renewal Agreement No. 1 with Inliner American, Inc., for FC-3006007906, Annual Contract for Small Diameter Sewer Improvements – Cured-in-Place for an amount not to exceed $9,543,998.20; all contracted work will be charged to and paid from Various Fund, Accounts and Center Numbers.

07R1374( 4)            A Resolution by City Utilities Committee establishing the Compensation Limits for Parsons/US Infrastructure, JV, for FC-7568-03, Program and Construction Management Services for the Quality of Life Bond Program, during the Fourth Term of the Contract, on behalf of the Department of Public Works, in an amount not to exceed $1,894,701.03; all contracted work shall be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

07R1375( 5)            A Resolution by City Utilities Committee to issue a Notice to Proceed to Shaw/AIM, a Joint Venture, for FC-7619-03F, Annual Contract for Architectural and Engineering Services, to provide Supplemental Design Services for the Mitchell Street Bridge Project, on behalf of the Department of Public Works, in an amount not to exceed $70,595.00; all contracted work shall be charged to and paid from Fund, Account and Center Number:  1C50 (2004 Quality of Life Bond Fund) 574001 (Fac. other than Buildings) M65F041392BH (Mitchell Street Viaduct) and for other purposes.

07R1451( 6)            A Resolution by Councilmember Howard Shook authorizing the Department of Public Works Transportation Services of the City of Atlanta to assist the citizens of Ridgedale Park in the placement of Neighborhood Identification Signs within their neighborhood, which is bounded by Peachtree Road to the north, Norfolk Southern Rail Line to the east, and Roxboro Road to the west and south.

07R1458( 8)            A Resolution by City Utilities Committee correcting Resolution 07R0607by inserting the correct dollar amount ($371,760.00) in the caption and the be it further resolve clause; and for other purposes.

F.         PAPERS HELD IN COMMITTEE

06O0306( 1)            An Ordinance by City Utilities Committee amending the 2006 (1994 G. O. Bond Referendum Fund) Budget by transferring from and to appropriations in the amount of $852,361.11 to fund the Paving Management and Improvement Program; and for other purposes. (Held 2/14/06 at the request of Councilmember Muller)

06R0563( 2)            A Resolution by Councilmember Joyce M. Sheperd authorizing the Mayor to enter into an Agreement with Brock Built, LLC providing for the non-standard location of water meters on private property to which the city provides water services; and for other purposes. (Referred back by Council 3/6/06) (Held 3/14/06 at the request of the Department of Watershed Management so that developer can address the private property concerns)

06O0937( 3)            An Ordinance by Councilmember Clair Muller to amend Article VII of Chapter 74 entitled “Riparian Buffer Requirements”; to officially change the administrating Department to Watershed Management, to streamline the review process and clarify the Public Notice Requirements; and for other purposes. (Held 4/25/06 for further review by the Department of Watershed Management)

06O1454( 4)            An Ordinance by Councilmember Clair Muller as amended by City Utilities Committee to amend Chapter 130 Solid Waste Management, Section 130-84, Rates and Charges, to limit such rate to apply to lots with a residence; and for the other purposes. (Amended and held 6/27/06 at the request of the author)

06O1573( 5)            An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her designee to enter into an Agreement between Hilton Atlanta and the Atlanta Marriott Marquis and the City of Atlanta for the erection of a bridge in accordance with Section 138-25(b) of the City of Atlanta’s Code of Ordinances; and for other purposes.  (Held 7/11/06 for further discussions)

06O1947( 6)            An Ordinance by City Utilities Committee to amend Sections 138-25 and 138-26 of the Official Code of Ordinances of the City of Atlanta, Georgia, to authorize the Commissioner of Public Works to determine the monthly rental rates for the air space or subsurface space occupied by bridges, tunnels of similar structures across streets or alleys and balconies over sidewalks of the City of Atlanta; and for other purposes.   (Held 9/18/06 at the request of the Law Department)

07R0002( 7)            A Resolution by City Utilities Committee authorizing the Mayor to enter into a Maintenance Agreement with the Georgia Department of Transportation to convert a section of Bolton Road, Fulton Industrial Boulevard and Harwell Road to temporary State Route for Bridge Improvements; and for other purposes.  (Held 1/9/07 for further review)

( 8)       Appraisal of the abandoned portion of Lakeside Drive, NE , consisting of 19.50 acres proposed assemblage tract or $1,300,000.00 per acre, or $29.84 per square foot.  (Held 1/9/07 for further review)

07R0750( 9)            A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Players & Company, for FC-6006007947, Annual Contract for Major Mechanical Services for the Bureau of Wastewater Treatment and Collections, on behalf of the Department of Watershed Management, in an amount not to exceed $122,280.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes. (Held 5/1/07 at the request of the Department)

07O0979(10)           An Ordinance by Councilmember Kwanza Hall to abandon a portion of Fair Street, SW located between Peters Street and the Railroad right-of-way consisting of 0.093 acre more or less, and being more specifically described as Tract “1” in the attached Exhibit “A” lying and being in Land Lot 84 of the 14^th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (To be advertised for a Public Hearing)

07O0980(11)           An Ordinance by Councilmember Kwanza Hall to abandon a portion of Castleberry Street, SW located between Peters Street and the Railroad right-of-way consisting of 0.115 acre more or less, and being more specifically described as Tract “4” in the attached Exhibit “A” lying and being in Land Lot 84 of the 14^th District, Fulton County, Georgia; and for other purposes.  (Held 5/15/07 for a Public Hearing)  (To be advertised for a Public Hearing)

07R1213(12)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Site Engineering/Imani Environmental Group, Inc., for FC-3007000001, Sewer Rehabilitation, Group 1 Phase II-Contract C – Pipebursting on behalf of the Department of Watershed Management, in an amount not to exceed $6,164,861.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J21 (Water and Wastewater Renewal & Extension Fund) 574001 (Facilities other than Buildings) Q38I027394DA (Sewer Group 1 – Rehabilitation); and for other purposes. (Referred back by Council 6/18/07) (Held 6/26/07 for further review.)

07R1214(13)           A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to Jacobs/PRAD/PBS & J, Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services, White Paper Study for the Policy Level Analysis of Security Options for Drinking Water Assets, in an amount not to exceed $48,250.48; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 524001 (Consultant/Professional Services) Q12001 (Watershed Security); and for other purposes. (Held 6/12/07 at the request of Councilmember Shook for further review.)

07R1236(14)           A Resolution by Councilmember Carla Smith authorizing payment of stipulated penalties imposed by the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) in the amount of $                              as stipulated penalties for the violation of CSO Fecal Coliform Operational Standards                   pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source of funding; and for other purposes.  (Held 6/12/07)

07O1330(15)           An Ordinance by Councilmember Ivory L. Young, Jr. to abandon that portion of James P. Brawley Drive, SW, between Parsons Street and Beckwith, lying in Land Lot 14, Council District 14, Fulton County, Georgia, consisting of approximately 0.363 acre and being more specifically described in the attached Exhibit “A”; and for other purposes.  (Held 6/26/07 for a Public Hearing)

07O1335(16)           An Ordinance by Councilmember Clair Muller to amend Chapter 130 of the Solid Waste Management Code, Section 130-38, to clarify recycling requirements and City’s enforcement powers regarding multi-family dwellings. (Held 6/26/07 at the request of the author for further review.)

G.        REQUESTED ITEMS

1.         Councilmember Muller requested the Department of Watershed Management present to the committee a discussion on storm water at a later date.

2.         Councilmember Muller made a request to the Department of Finance and Department of Public Works to present to the Committee a status report on the 1994 G. O. Bond Projects.

3.         Councilmember Mitchell made a request to the Department of Watershed to receive a map of the floodplain areas for all Council District.

AGENDA

ZONING COMMITTEE

ZONING COMMITTEE

AGENDA

WEDNESDAY, JULY 11, 2007

A.        ADOPTION OF AGENDA

APPROVAL OF MINUTES

CONSENT AGENDA

C.        ORDINANCES FOR FIRST READING

07O1454( 1)            An Ordinance by Zoning Committee to amend the 1982

Z-07-73           Zoning Ordinance of the City of Atlanta by replacing Chapter 18I.SPI-9 Buckhead Commercial Core District Regulations with a Chapter entitled 18I.SPI-9 Buckhead Village Overlay District; and to amend the Official Zoning Map by overlaying said SPI-9 District Map; and for other purposes.

07O1455( 2)            Z-07-74           An Ordinance by Zoning Committee to rezone from the MRC-2-C (Mixed Residential Commercial-Conditional) District to the MRC-3-C (Mixed Residential Commercial-Conditional) District, property located at 60-64 Mangum Street, SW, 356 Mitchell Street, SW, 376 Mitchell Street, SW and the following Parcels 14-0084-0004-0196, 14-14-0084-0004-0832, 14-0084-0004-0840, 14-0084-0004-0550, 14-0084-0004-0725, 14-0084-0004-0766 fronting approximately 121 feet on the south side of Mitchell Street, beginning at the southeast corner of Mangum Street.

            Depth:              Varies

            Area:                            Approximately 2.34 Acres

            Land Lot:                     84, 14^th District, Fulton County , Georgia

            Owner:             Pryor Street Development, LLC

            Applicant:                     John A. Bell

            NPU-M                                                           Council District 3

07O1456( 3)            U-07-19          An Ordinance by Zoning Committee to grant a Special Use Permit pursuant to Section 16-06A.005(1)(b) for a Daycare Center, property located at 1152 Eggleston Street, SW, fronting approximately 50 feet on the south side of Eggleston Street and approximately 160 feet west of the intersection of Eggleston Street and West End Place.

            Depth:              Approximately 165 Feet

            Area:                            Approximately 0.188 Acre

            Land Lot:                     52, 14^th District, Fulton County , Georgia

            Owner:             Olufemi Afuape

            Applicant:                     Olufemi Afuape

            NPU-T                                                            Council District 4

REGULAR AGENDA

D.        ZRB SUMMARY REPORT

ORDINANCE FOR SECOND READING

07O0642( 1)            Z-07-44           A Substitute Ordinance by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta, as Amended, so as to provide Maximum Floor Area Ratios in the R-4A and R-4B Zoning Districts and Maximum Lot Coverage in the R-4B Zoning District; amend Maximum Lot Coverage in the R-4A Zoning District; provide New Maximum Floor Area Ratios and Amend Lot Coverage for the various types of structures allowed in the R-5 Zoning District; to create a New Section 16-24.008 concerning the Measurement of Floor Area for Additions to Residential Structures; amend Sec. 16.28.008(5) concerning the Height of Walls in required Yards; amend Section 16-28.009 to clarify application of the Floor Area Ratio Calculation; create a New Section 16-28.026 concerning Limiting Height of the Main Floor Level; to amend Section 16-29.001(12)(a)(3) concerning the definition of Two-Family and Duplex Dwellings; to amend Section 16-29.001(13) to provide for a new definition of Floor Area; to amend Section 16-29.001(27) to provide for a new definition of Building Height; to amend Section 16-29.001(37) to provide for an amended definition of Floor Area Ratio; create New Section 16-29.001(67) Defining Attics; Create New Section 16-29.001(68) Defining Basements; create New Section 16-29.001(69) Defining Main Floor Level; and for other purposes.

STAFF RECOMM                  NPU RECOMM              ZRB RECOMM

Approval on Substitute                 See NPU Work Sheet              Approval on Substitute

E.         RESOLUTION

07R1457( 1)            A Resolution by Zoning Committee authorizing the Creation of the SPI-1 Downtown District Development Review Committee; and for other purposes.

ZONING COMMITTEE AGENDA

WEDNESDAY, JULY 11, 2007

PAGE THREE

F.         PAPERS HELD IN COMMITTEE

06O0038( 1)            Z-05-56           An Ordinance by Councilmember Carla Smith to amend Various Sections of the Zoning Code of the City of Atlanta, for the purpose of clarifying and/or defining certain terms related to Supportive Housing; to provide how applications for such uses are to be processed; defining the term Community Center and removing certain redundant terms related to such use; redefining the conditions under which dormitories, Sorority Houses and Fraternity Houses are permitted; deleting rooming houses and boarding houses as permitted uses in certain districts; and for other purposes.  (Held 2/1/06 for further review)

06O0273( 2)            An Ordinance by Councilmembers Carla Smith, Ivory Lee Young, Jr. and Cleta Winslow correcting Ordinance Number 04O0179Z-04-24 which amended Section 16-29.001(16) “Human Services” including Personal Care Homes, Rehabilitation Centers and Nursing Homes by clarifying and/or redefining certain terms; and for other purposes.  (Held 2/1/06 for further review)

06O0286( 3)            Z-06-05           An Ordinance by Zoning Committee to rezone from the RG-4-C-HBS (Residential General-Sector 4 Conditional-Historic Building/Site) and RG-4-C (Residential General-Sector 4-Conditional) Districts, to the RG-4-C (Residential General-Sector 4-Conditional) District, property located at 2494 and 2510 Peachtree Road (a.k.a. 2500 Peachtree Road), NE, fronting approximately 387.76 feet on the west side of Peachtree Road, beginning 400 feet from the

southwest corner of Muscogee Avenue and Peachtree Road . (Held 3/29/06 for further review)

Depth:  Varies

Area:                Approximately 3.086 Acres

Land Lot:         112, 17^th District, Fulton County , Georgia

Owner: 2500 Peachtree Condominium Association, Inc.

Applicant:         2500 Peachtree Condominium Association, Inc.

NPU-C                                                Council District 8

06O0007( 4)            Z-05-65           An Ordinance by Councilmember Carla Smith as amended by Zoning Committee to rezone the portion of the property located at 1821 W. Anderson Avenue that is zoned R-4 (Single Family Residential) to the O-I (Office Institutional) Classification, to issue a Special Use Permit for the subject property; and for other purposes.  (Held 6/28/06 at the request of Councilmember of the District)

06O0022( 5)            U-05-22          An Ordinance by Councilmember Carla Smith to issue a Special Use Permit for a Nursing Home at 1821 W. Anderson Avenue (a.k.a. 31 Anderson Avenue); to waive the 2,000 foot distance requirement for this location; and for other purposes.  (Held 6/28/06 at the request of Councilmember of the District)

06O0145( 6)            Z-05-134         An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 2228 Bicknell Street, SE, fronting approximately 257.5 feet on the southeast side of Bicknell Street, beginning 109 feet from the southeast corner of Bagwell Drive. (Held 8/16/06 at the request of the Councilmember of District 12)

Depth:  Varies

Area:                Approximately 3.5 Acres

Land Lot:         70, 14^th District, Fulton County , Georgia

Owner: Portfolio Properties Construction Co., LLC.

Applicant:         Portfolio Properties Construction Co., LLC.

NPU-Z                                                Council District 12

06O1950( 7)            Z-06-92           An Amended Ordinance by Zoning Committee to rezone from the R-5 (Single-Family Residential) District to the RG-4 (Residential General-Sector 4) District, property located at 575 Boulevard, SE, (578 Rosalia Street, SE), fronting approximately 100 feet on the west side of Boulevard. (Held 11/1/06 pending CDP Public Hearing)

Depth:  Varies

Area:                Approximately 0.339 Acre

Land Lot:         44, 14^th District, Fulton County , Georgia

Owner: Atlanta Decatur Oxford District United Methodist Church , Bobby A. Jones, Trustee Chair

Applicant:         Jeffrey L. Wilson

NPU-W                                                           Council District 1

06O0955( 8)            Z-06-44           A Substitute Ordinance by Zoning Committee to rezone from the I-1-C (Light Industrial-Conditional) District to the MR5-A (Multi-Family Residential) District, property located at 1155 Hill Street, SE, fronting approximately 350 feet on the west side of Hill Street and approximately 272 feet on the north side of Englewood Avenue. (Held 11/1/06 at the request of District Council Person)

Depth:  Varies

Area:                Approximately 8.719 Acres

Land Lot:         55, 14^th District, Fulton County , Georgia

Owner: Jack and Harvey Taffel

Applicant:         Chaz E. Waters/Skyline Partners, LLC.

NPU-Y                                                Council District 1

06O2283( 9)            An Ordinance by Councilmembers Joyce M. Sheperd and Cleta Winslow authorizing the Mayor or her designee to place interim development controls on construction on all vacant parcels in the Murphy Triangle (lying within the boundaries of Murphy Avenue, Warner Street, Allene Avenue and Sylvan Road) for a period not to exceed nine (9) months; and for other purpose. (Held 11/1/06 at the request of the author of the legislation)       

06O1927(10)           An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Jim Maddox and Ceasar C. Mitchell as substituted by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta, As Amended, so as to create a New Chapter to be entitled, 8B, Fulton County Townhouse Residential; to establish design guidelines for said District; to enact, by reference and incorporation, a Map establishing the boundaries of said District for the Cascade Glenn; to amend the City of Atlanta Zoning Maps; to modify the zoning process for annexations; and for other purposes.  (Forwarded with no recommendation by Zoning Committee 9/13/06) (Referred back by Council 12/04/06) (Held 12/13/06 for further review)

07O0396(11)           CDP-07-09     An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 349 14^th Street, from the "Low Density Commercial" Land Use Designation; to the "Mixed-Use" Land Use Designation; and for other purposes. (1^ST Quarter CDP Public Hearing held 3/12/07) (Held 3/13/07 awaiting companion Zoning legislation) (Favorable by CD/HR Committee 3/27/07) (Held 3/28/07 at the request of the applicant)

NPU-E                                                            Council District 2

07O0148(12)           Z-06-138         An Ordinance by Zoning Committee to rezone from the C-2  (Commercial Service) District to the MRC-3 (Mixed Residential-Commercial) District, property located at 349 14^th Street, NW, fronting approximately 134 feet on the south side of 14^th Street, at the southwest corner.

Depth:  Approximately 152 Feet

Area:                Approximately 0.47 Acre

Land Lot:         149, 17^th District, Fulton County , Georgia

Owner: Julian W. Rikard

Applicant:         Michael Gamble

(Held 3/28/07 at the request of the applicant)

NPU-E                                                            Council District 2

06O1445(13)           Z-06-74           An Ordinance by Zoning Committee to rezone from the R-G-3 (Residential General-Sector 3) District to the PD-MU (Planned Development-Mixed Use) District, property located at 3700 Martin Luther King, Jr. Drive, SW, fronting approximately 474.25 feet on the south side of Martin Luther King, Jr. Drive beginning approximately 183 feet from the southwest corner of Adamsville Drive.  (Held 5/2/07 at the request of Councilmember of the District)

Depth:  Varies

Area:                Approximately 27 Acres

Land Lot:         15, 14^th District, Fulton County , Georgia

Owner: Atlanta Neighborhood Development Partnership

Applicant:         Marvin Greer

NPU-H                                                            Council District 10

06O2308(14)           Z-06-113         An Ordinance by Zoning Committee to rezone from the SPI-6 (Poncey Highland Special Public Interest) District to the C-1 (Community Business) District, property located at 863 Ponce de Leon (rear), NE, fronting approximately 63 feet on the east side of Barnett Street, beginning 150 feet from the westerly corner of Barnett Street and Ponce de Leon Avenue. (Filed by ZRB and Zoning Committee 5/20.07) (Referred by back by Full Council 6/4/07) (Held 6/13/07)

Depth:  Approximately 74 Feet

Area:                Approximately 0.861 Acre

Land Lot:         17, 14^th District, Fulton County , Georgia

Owner: Robert T. Budd

Applicant:         Kevin A. Ross

NPU-N                                                            Council District 2

07O0389(15)           Z-07-24           An Ordinance by Zoning Committee to amend Ordinance 04O2076Z-04-127 which amended Z-03-85 which rezoned property from the RG-2 (Residential General-Sector 2) District to the PD-H (Planned-Development-Housing) District, property located at 201 Moury Avenue, SE for the purpose of a Site Plan Amendment. (Held 6/27/07)

Owner: Villages at Carver, LLC.

Applicant:         James R. Bailey

NPU-Y                                                            Council District 11

PENDING LEGISLATION FOR ZRB

06O0017( 1)            Z-05-104         An Ordinance by Councilmember Carla Smith to amend the 1982 City of Atlanta Zoning Ordinance, as amended, to define and regulate Infill Residential Development; and for other purposes.

06O0023( 2)            An Ordinance by Councilmembers Howard Shook and Carla Smith to amend Section 16-18L.002 of the City of Atlanta Zoning Code by adding a new Statement of Intent; and for other purposes.

06O0026( 3)            Z-05-125         An Ordinance by Councilmember Carla Smith to amend the Zoning Ordinance of the City of Atlanta, and the maps established in connection therewith so that the following property located at 1361, 1362, 1365, 1366, 1371, 1374, 1375, 1381, 1382, 1385, 1386, 1391, 1394, 1395, 1398, 1404, 1407 and 1410 Metropolitan Parkway, SE be changed from the R-4 (Single Family Residential) District to MRC-1 (Mixed Residential Commercial) District; and for other purposes.

06O1066( 4)            Z-06-65           Ordinance by Councilmember Anne Fauver to amend Section 16-24.005 (5) of the Code of Ordinances of the City of Atlanta (The Zoning Ordinance) so as to provide that if property upon which a non-conforming use of a major structure or major structure and premises in combination, is rezoned during the one year grandfathering period pursuant to a Livable Communities Initiative (LCI) Process, said non-conforming use status shall cease and the major structure or major structure and premises in combination shall not thereafter be used except in conformity with the regulation of the district in which it is located; to waive conflicting ordinances; and for other purposes.

06O1569( 5)            Z-06-76           An Ordinance by Councilmember Kwanza Hall to amend certain sections of the City of Atlanta Zoning Code concerning affordable Housing in the Midtown Special Public Interest Zoning District (SPI-16); and for other purposes.

06O1571( 6)            Z-06-93           An Ordinance by Councilmember Kwanza Hall to amend Section 16-18P.028(3)(b)(i); to add to existing Midtown Transit Station Area “M” (as depicted on the Map as Exhibit A attached and incorporated by reference); the 7.8 are tract bordered by Spring Street to the east, a development adjacent to 5^th Street to the south, Williams Street to the east and Peachtree Place, NW to the north, (as more particularly described in Exhibit B, also attached and incorporated by reference), (“Subject Property”)

06O2259( 7)            Z-06-104         An Ordinance by Zoning Committee to amend Ordinance 01O0897(Z-01-33) which rezoned property, located at 4070 Anneey Drive, SW, to the PD-H (Planned Development-Housing) District for the purpose of a Site Plan Amendment.

Depth:  Approximately 231 Feet

Area:                Approximately .39 Acre

Land Lot:         44, 14^th ff District, Fulton County , Georgia

Owner: Kaseem Penn

Applicant:         Meghan McKeon

NPU-P                                                            Council District 11

06O2468( 8)            Z-06-123/Z-06-56 An Ordinance by Councilmember Carla Smith to amend Ordinance 06O0944(Z-06-56) which rezoned property from the MRC-3-C (Mixed Residential Commercial-Conditional) and I-1 (Light Industrial) Districts to the PD-MU (Planned Development-Mixed Use) District adopted by City Council October 16, 2006 and approved by the Mayor, property located at 695 North Avenue, NE, for the purpose of a Site Plan Amendment, and to rezone a portion of the property, from the PD-MU (Planned Development-Mixed Use) District to the I-1 (Light Industrial) District.

06O2697( 9)            Z-06-144         An Ordinance by Councilmember Carla Smith to amend Chapter 28 of Part 16 of the Atlanta City Land Development Code to provide for density increases in exchange for affordable workforce housing; to define certain terms; to provide limitations and requirements; and for other purposes.

06O2690(10)           Z-06-128         An Ordinance by Zoning Committee to rezone from the C-1 (Community Business) and R-4 (Single-Family Residential) Districts to the MRC-1 (Mixed Residential Commercial) District, property located at 2068-2100 Dekalb Avenue, NE, fronting approximately 426 feet on the north side of Dekalb Avenue and located at the intersection of Dekalb Avenue and Dekalb Place.

Depth:  Approximately 146 Feet

Area:                Approximately 1.454 Acres

Land Lot:         212, 15^th District, Dekalb County , Georgia

Owner: Paul G. Grier and Robert S. Wayne

Applicant:         Franco Defoor Properties, LLC.

NPU-N                                                Council District 5

07O0264(11)           Z-07-04           An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential) District to the RG-3 (Residential General-Sector 3) District, property located at 3764, 3718, 3770, 3748, 3726, 3734, 3710, 3756 Powers Ferry Road, NW, fronting approximately 553 feet on the south side of Powers Ferry Road beginning approximately 546 feet from the northwest corner of Roswell Road.

Depth:  Approximately 309 Feet

Area:                4.40 Acres

Land Lot:         97, 17^th District, Fulton County , Georgia

Owners:           Douglas J. McAlpine, Carol W. McAlpine, Phillip Y. Young, Popi Y. Young, Kenneth P. Martin/Ruth M. Lomason, Susan F. Abrahams, David G. Camia, Charles P. Owens, Farhad, Abbassi

Applicant:         Alexander Properties Group, Inc.

NPU-A                                                Council District 8

07O0265(12)           Z-07-05           An Ordinance by Zoning Committee to rezone from the SPI-18-Subarea 4 (Mechanicsville Special Public Interest) District to SPI-18-Subarea 3 (Mechanicsville Special Public Interest) District, property located at 422, 424, 501 and 509 Pryor Street, SW, fronting approximately 255 feet on the west side of Pryor Street.

Depth:  Varies

Area:                Approximately 1.03 Acres

Land Lot:         76, 14^th District, Fulton County , Georgia

Owner: Devin L. Rhodriguez

Applicant:         Valerie Edwards

NPU-V                                                Council District 4

07O0266(13)           Z-07-06           An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 3931 Land O’ Lakes Drive, NE, fronting approximately 50 feet on the east side of Land O’ Lakes Drive, beginning approximately 790 feet northwest of the intersection of Sheldon Drive and Land O’Lakes Drive.

Depth:  Varies

Area:                Approximately 3.78 Acres

Land Lot:         63, 17^th District, Fulton County , Georgia

Owner: Gerald and Michele K. Palmer

Applicant:         Wayne H. Knox

NPU-B                                                Council District 7

07O0382(14)           Z-07-09           An Ordinance by Zoning Committee to rezone from the I-1 (Light Industrial), R-4 (Single-Family Residential) and RG-2 (Residential General-Sector 2) Districts to the MRC-3 (Mixed Residential Commercial) District, property located at 1101 Collier Road, NW, fronting approximately 780 feet on the north side of Collier Road at the northwest corner of I-75 Expressway and Collier Road.

Depth:  Approximately 1,055 Feet

Area:                12.76 Acres

Land Lots:        185 and 186, 17^th District, Fulton County , Georgia

Owners:           Douglas S. Kuniansky and David L. Kuniansky

Applicant:         1011 Collier, LLC.

NPU-C                                                            Council District 9

07O0384(15)           Z-07-18           An Ordinance by Zoning Committee to rezone from the I-2 (Heavy Industrial) District to the MR-4A (Multi-Family Residential) District, property located at 479-489 Stephens Street, SW, fronting approximately 228 feet on the north side of Stephens Street, beginning approximately 350 feet from the northeast corner of Humphries Street.

Depth:  Approximately 185.29 Feet

Area:                Approximately 1 Acre

Land Lot:         86, 14^th District, Fulton County , Georgia

Owner: Thelma T. Mayson Ornstein (Trustee)

Applicant:         John A. Bell

NPU-V                                                            Council District 4

07O0385(16)           Z-07-20           An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the C-1 (Community Business) District, property located at 3830 Old Gordon Road, SW, fronting approximately 93.34 feet on the west side of Old Gordon Road beginning approximately 609 feet from the northwest corner of Old Gordon Road and Martin Luther King, Jr. Drive.

Depth:  Approximately 396 Feet

Area:                Approximately 0.8 Acre

Land Lot:         15, 14ff District, Fulton County , Georgia

Owners:           Winifred Gayle-Brown/Astley Brown

Applicant:         Winifred Gayle-Brown

NPU-H                                                            Council District 10

07O0497(17)           Z-07-33           An Ordinance by Councilmember C. T. Martin to amend Section 16-28.008 (10) of the City of Atlanta Zoning Code so as to eliminate the one (1) year restriction imposed upon private property vendors with respect to a vending site; to waive conflicting ordinances; and for other purposes.

07O0514(18)           Z-07-38           An Ordinance by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta by replacing Chapter 18A. SPI-1 Central Core District Regulations with a Chapter entitled 18A. SPI-1 Downtown Special Public Interest District Regulations; and to eliminate Chapter 18B. SPI-2 North Avenue District Regulations and Chapter 18M. SPI-13 Centennial Olympic Park Special Public Interest District Regulations; and to amend the Official Zoning Map by supplanting existing Zoning Districts SPI-1, SPI-2, SPI-13, C-4 and C-5, with said SPI-1 Downtown District Map, and to eliminate the SPI-1 and SPI-2 Parking Limitation District Maps; to amend the Pedestrian Space Plan Map Part 2 of 2; and to amend Chapter 28A.0010 by Supplanting Subsection (12) Special Public Interest District 1 and eliminate Subsection (13) Special Public Interest District 2 and Subsection (34) SPI-13; and for other purposes.

07O0602(19)           Z-07-53           An Ordinance by Zoning Committee to amend Sections 16-28A.004, 16-28A.007(h), 16-28A.007(p), 16-28A.013(a) and (b) of the City of Atlanta Sign Ordinance and to add a new Section 16-28A.007(x) so as to update the definition of a changing sign and sign copy, to include electronically changed signs; to remove conflicting language; to more effectively regulate signs which constitute a traffic hazard; to add certain regulations on changing signs by incorporating certain of the limitations and conditions imposed by state law on these types of signs; to amend the requirements of building signature signs; to amend the permit requirements and procedures for signs; and for other purposes.

07O0611(20)           An Ordinance by Councilmember Clair Muller to amend the Land Development Code, Section 16.28.005(5) to limit the height of retaining walls in front, half depth front, side and rear setbacks, or yards; and for other purposes.

07O0614(21)           An Ordinance by Councilmember Jim Maddox to amend the City of Atlanta Zoning Code; to amend the City of Atlanta Zoning Maps; to enact, by reference and incorporation, a map establishing the boundaries for the Cascade Falls Subdivision; to modify the Zoning Process for Annexations; and for other purposes.

07O0621(22)           An Ordinance by Councilmembers Carla Smith and Ivory Lee Young, Jr. to amend the City of Atlanta Land Development Code to create Code Section 16.28.023(a) Titled Transfer of Development Rights in the BeltLine Planning Area; to provide for definitions; and for other purposes.

07O0627(23)           Z-07-19           An Ordinance by Zoning Committee to rezone from the PD-H (Planned Development-Housing) District to the RG-3-C (Residential General Sector 3-Conditional) District, property located at 2862 Lenox Road, NE, fronting approximately 142 feet on the west side of Lenox Road, beginning approximately 669 feet from the southwest corner of Lenox Road and Burke Road.

Depth:  Varies

Area:                Approximately 2.57 Acres

Land Lots:        47 and 7, 17^th District, Fulton County , Georgia

Owners:           Marilyn Mollenkam, Executris for the Estate of

Shirley V. Mollenkamp

Applicant:         Lenox Road Development, LLC.

NPU-B                                                Council District 7

07O0630(24)           Z-07-26           An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the MR-4 (Multi-Family Residential) District, property located at 668 North Avenue, NE, fronting approximately 76 feet on the north side of North Avenue, beginning approximately 110 feet from the northeast corner of Sunset Avenue.

Depth:  Approximately 140 Feet

Area:                Approximately 0.23 Acre

Land Lot:         111, 14^th District, Fulton County , Georgia

Owner: Rashon Smit/RDI Investments

Applicant:         Herbert V. Kennedy

NPU-L                                                Council District 3

07O0636(25)           U-07-05          An Ordinance by Zoning Committee granting a Special Use Permit for a Broadcasting Tower (Section 16-16.005 (1)(h)) property located at 2155 Monroe Place, NE, fronting approximately 148.86 feet on the west side of Monroe Place.

Depth:  Approximately 824 Feet

Area:                5.123 Acres

Land Lot:         57, 17^th District, Fulton County , Georgia

Owners:           Pacific and Southern Company, Inc./ Detroit

Newspaper Partnership, L.P./Gannett Satellite Information Network, Inc.

Applicant:         WXIA-TV/WATL-TV, Division of Pacific and

Southern Company, Inc./Bob Walker, President/General Manager/ Sharon Pierce, Vice President/Business Manager

NPU-F                                                Council District 6

07O0637(26)           U-07-06/U-00-34        An Ordinance by Zoning Committee granting a Special Use Permit for a Private School (Section 16-07.005 (1)(l)) and (Section 16-08.005 (1) (k)) property located at 321-361 Tenth Street, NE, fronting approximately 564.51 feet on the south side of Tenth Street, beginning 200 feet from the southeastern corner of Argonne and Tenth Street.

Depth:  276.22 Feet

Area:                Approximately 2.78 Acres

Land Lot:         54, 17^th District, Fulton County , Georgia

Owner: The Children’s School, Inc.

Applicant:         The Children’s School

By:                   Michael W. Tyler, Esq.

NPU-E                                                Council District 6

07O0642(27)           Z-07-44           An Ordinance by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta, as amended, so as to provide maximum Floor Area Ratios in the R-4A and R-4B Zoning Districts and maximum lot coverage in the R-4B Zoning District; provide new maximum Floor Area Ratios and lot coverages for the various types of structures allowed in the R-5 Zoning District; to create a new Section 16-24.008 concerning the measurement of floor area for additions to residential structures; amend Section 16-28.008(5) concerning the height of walls in required yards; amend Section 16-28.009 to clarify application of the Floor Area

Ratio calculation; create a new section 16-28.026 concerning limiting height of the main floor level; to amend Section 16-29.001 (12)(a)(3) concerning the definition of two-family and duplex dwellings; to amend Section 16-29.001(13) to provide for a new definition of Floor Area; to amend Section 16-29.001(27) to provide for a new definition of Building to amend Section 16-29.001(37) to provide for an amended definition of Floor Area Ratio; create a new Section 16-29.001(67) defining Attics; create a new Section 16-29.001(68) defining Basements; create a new Section 16-29.001(69) defining Main Floor Level; and for other purposes.

07O0851(28)           An Ordinance by Zoning Committee to amend the City of Atlanta Land Development Code; to create Code Section 16-28.023(a) titled Transfer of Development Rights in the BeltLine Planning Area; to provide for definitions; and for other purposes.

07O0854(29)           Z-07-15           An Ordinance by Zoning Committee to rezone from the R-4  (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 850 Ormewood Avenue, SE, fronting approximately 153 feet on the north side of Ormewood Avenue at the northwest corner of Mercer Place. 

Depth:  Varies

Area:                Approximately 1.25 Acres

Land Lot:         22, 14^th District, Fulton County , Georgia

Owner: CAS Development-Cecil Francis

Applicant:         James Bailey

NPU-W                                                           Council District 1

07O0856(30)           Z-07-45           An Ordinance by Zoning Committee to amend Ordinance 04O0482(Z-04-27) which rezoned property located at 935 Marietta Street, NW, from the I-2 (Heavy Industrial) and I-1 (Light Industrial) Districts to the PD-MU (Planned Development-Mixed Use) District for the purpose of a Site Plan Amendment.  Property fronts 191.50 feet on the northwesterly side of Hampton Street beginning at the northwest corner of Marietta Street .

Depth:  Approximately 173 Feet

Area:                2.455 Acres

Land Lot:         112, 14^th District, Fulton County , Georgia

Owner: M-Street Condominiums, LLC.

Applicant:         Alliance Realty Partners, LLC.

NPU-E                                                Council District 3

07O0857(31)           Z-07-46           An Ordinance by Zoning Committee to rezone from the C-1 (Community Business) District to the C-3 (Commercial Residential) District, property located at 305, 311, 317 and 323 Buckhead Avenue, NE and 312 Pharr Road, NE, fronting approximately 235 feet on the south side of Buckhead Avenue at the southeast corner of Buckhead Avenue and North Fulton Drive. 

Depth:  Varies

Area:                Approximately 2.13 Acres

Land Lot:         61, 17^th District, Fulton County , Georgia

Owners:           Cash, Krugler and Fredericks (Alwyn R. Fredericks, David N. Krugler, Andrew B. Cash) Walda S. Abner, John L. Brooks, Teresa S. Fleming, Deborah S. Payne, Claire S. Peterson, Mary Janice S. Sawyer, Tony W. Sims and Walter S. Sterns, Buckhead Avenues Development Co., LLC.

Applicant:         Buckhead Avenues Development Co., LLC.

NPU-B                                                            Council District 7

07O0858(32)           Z-07-47           An Ordinance by Zoning Committee to rezone from the I-1-C (Light Industrial-Conditional) District to the MRC-3 (Mixed Residential-Commercial) District, property located at 1055 Arden Avenue, SW, fronting approximately 300 feet on the south side of Arden Avenue and is located at the northwest intersection of Arden Avenue and Division Place.

Depth:  Varies

Area:                Approximately 1.73 Acres

Land Lot:         120, 14^th District, Fulton County , Georgia

Owner: Holcombe Properties, LLC.

Applicant:         William L. Stephenson

NPU-X                                                            Council District 12

07O0859(33)           Z-07-48           An Ordinance by Zoning Committee to rezone from the I-2  (Heavy Industrial) District to the LW (Live-Work) District, property located at 1116 Murphy Avenue, SW, fronting approximately 215 feet on the southeasterly side of Murphy Avenue beginning approximately 790 feet from the northeast corner of Avon Avenue.  Property also fronts 35.29 feet on the west side of Sylvan Road .

Depth:  Varies

Area:                Approximately 3.59 Acres

Land Lot:         119, 14^th District, Fulton County , Georgia

Owner: 1116 Murphy Avenue , LLC. by Harry Jenkins

Applicant:         John A. Bell

NPU-S                                                            Council District 12

07O0860(34)           Z-07-49           An Ordinance by Zoning Committee to rezone from the MR-4B (Multi-Family Residential) District to the MR5-A (Multi-Family Residential) District, property located at 930 Mauldin Street, SE (aka addressed as 922 Mauldin Street, SE), fronting approximately 198.65 feet on the north side of Mauldin Street and is located at the northwest corner of Holtzclaw Street.

Depth:  Varies

Area:                Approximately 1.309 Acres

Land Lot:         13, 14^th District, Fulton County , Georgia

Owner: 930 Mauldin Associates, LLC.

Applicant:         David Green

NPU-N                                                            Council District 5

07O0861(35)           Z-07-50           An Ordinance by Zoning Committee to rezone from the R-4A- (Single-Family Residential) District to the MR-2 (Multi-Family Residential) District, property located at 710 North Avenue, NW, fronting approximately 53.78 feet on the south side of North Avenue, beginning approximately 124.27 feet from the southeast corner of Griffin Street.

Depth:  Approximately 139.50 Feet

Area:                Approximately 0.172 Acre

Land Lot:         111, 14^th District, Fulton County , Georgia

Owner: F. Hitt

Applicant:         Bruce S. Hammond

NPU-L                                                            Council District 3

07O0865(36)           U-07-09          An Ordinance by Zoning Committee to grant a Special Use Permit for a Hotel pursuant to Section 16-13.005(1)(g), property located at 3135 Peachtree Road and 288, 290, 292 308, 310, 312 and 314 East Paces Ferry Road, NE, fronting approximately 297 feet on the north side of East Paces Ferry Road and approximately 327.35 feet on the east side of Bolling Way and approximately 99 feet on the south side of Peachtree Road.  Property is located at the northeastern intersection of Bolling Way and East Paces Ferry Road and the southeastern intersection of Bolling Way and Peachtree Road .

Depth:  Varies

Area:                Approximately 1.561 Acres

Land Lot:         99, 17^th District, Fulton County , Georgia

Owner: The S. Stephen Selig III Life Trust and  Place on Paces, LLC.

Applicant:         Buckhead Avenues Development Co., LLC.

NPU-B                                                Council District 7

07O0978(37)           Z-07-58           An Ordinance by Councilmember Kwanza Hall to amend the 1982 Zoning Ordinance of the City to amend Chapter 20N Castleberry Hill Landmark District Regulations; and for other purposes.

07O1120(38)           Z-07-63           An Ordinance by Zoning Committee amending Ordinance 06O1072adopted by City Council September 18, 2006 approved by the Mayor September 26, 2006 rezoning property located at 547, 553, 559-565 Boulevard, NE, and 489 Boulevard Place, NE, from the RG-4 (Residential General-Sector 4) District to the MRC-3-C (Mixed Residential Commercial-Conditional) District so that the Zoning Ordinance of the City of Atlanta as amended, be changed so as to delete Condition 6C.

07O1121(39)           U-07-18/U-83-7          An Ordinance by Zoning Committee to amend Ordinance (U-83-7) adopted by the City Council on June 6, 1983 and approved by the Mayor on June 10, 1983, which granted a Special Use Permit for a Truck Terminal for property located at 3350 Bankhead Highway, NW.  The property fronts approximately 572 feet on the west side of Bankhead Highway at the northwest corner of Fulton Industrial Boulevard .

Depth:  Approximately 1,195 Feet

Area:                19.3 Acres

Land Lot:         267, 17^th District, Fulton County , Georgia

Owner: Mike Gerlin (Heartland Express)

Applicant:         Sarran Marshall

NPU-H                                                            Council District 9

07O1122(40)           Z-07-56           An Ordinance by Zoning Committee to rezone from the RG-3  (Residential General-Sector 3) District to the RG-4 (Residential General-Sector 4) District, property located at 2520 and 2544 Peachtree Road, NE, fronting approximately 300 feet on the west side of Peachtree Road beginning approximately 199 feet from the southern corner of Muscogee Avenue.

Depth:  Approximately 400 Feet

Area:                Approximately 2.76 Acres

Land Lot:         112, 17^th District, Fulton County , Georgia

Owner: Roger C. Wilson, et al. as President of the Peachtree Road Condominium Association, Inc.

Applicant:         Caleb Racicot on behalf of Boss Properties, LLC

NPU-B                                                            Council District 8

07O1123(41)           Z-07-57A        An Ordinance by Zoning Committee to rezone from the C-1  (Community Business) and R-4 (Single-Family Residential) Districts to the C-1 (Community Business) District, property located at 2343 and 2347 Hosea Williams Drive, SE, fronting approximately 200.72 feet on the south side of Hosea Williams Drive, at the southwest corner of Hosea Williams and Second Avenue.

Depth:  200 Feet

Area:                0.917 Acre

Land Lot:         204, 15^th District, Dekalb County , Georgia

Owner: 2^nd Avenue Associates, LLC

Applicant:         Eric Kronberg

NPU-O                                                            Council District 5

07O1124(42)           Z-07-57B        An Ordinance by Zoning Committee to rezone from the C-1  (Community Business) and R-4 (Single-Family Residential) Districts to the C-1 (Community Business) District, property located at 2365 and 2371 Hosea Williams Drive, SE, fronting approximately 99.83 feet on the south side of Hosea Williams Drive, at the southeast corner of Hosea Williams and Second Avenue.

Depth:  200 Feet

Area:                0.857 Acre