CITY UTILITIES COMMITTEE

CITY UTILITIES COMMITTEE

AGENDA

NOVEMBER 27, 2007

A.        ADOPTION OF THE AGENDA

B.         APPROVAL OF THE MINUTES

C.        COMMENTS FROM THE PUBLIC

D.        PUBLIC HEARINGS – ORDINANCES FOR SECOND READING

07O1953( 1)            An Ordinance by City Utilities Committee to amend Chapter 138, Section 138-20 and Appendix B of the Code of Ordinances to authorize the imposition of certain fees for encroachments in the right-of-way; to modify certain provisions; and for other purposes.  (Advertised for a Public Hearing 11/27/07 at 9:00 a.m.)

07O2420( 2)            An Ordinance by Councilmember Cleta Winslow to abandon a public street known as Baldwin Street, located in the City of Atlanta and to convey said abandoned streets at no cost to the Housing Authority of the City of Atlanta, Georgia; to waive the provisions of Section 2-1578 of the City Code provided, however, that Section 2-1578 (c)(3) requiring certain notifications and Section 138-9 insofar as it relates to the advertisement and public hearing requirement, shall not be waived; and for other purposes. (Advertised for a Public Hearing 11/27/07 at 9:00 a.m.)

E.         ORDINANCES FOR SECOND READING

07O2503( 1)            An Ordinance by Councilmember Natalyn M. Archibong the amend Section 138-8(c)(2) of the Code of Ordinances of the City of Atlanta by correcting time frame a person has to be deceased before a street or dedication can be named after a person; and for other purposes.

07O2505( 2)            An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Mary Norwood , Joyce Sheperd, Anne Fauver, Natalyn M. Archibong, Clair Muller and Ivory L. Young amending Section 130-84 (Rates and Charges) of the Code of Ordinances of the City of Atlanta for the purpose of eliminating the Solid Waste Frontage Fee; and for other purposes.

07O2516( 3)            An Ordinance by Councilmembers C. T. Martin, H. Lamar Willis, Kwanza Hall, Cleta, Winslow, Joyce Sheperd, Jim Maddox, Clair Muller, Howard Shook, Carla Smith and Anne Fauver to re-name Simpson Road, from H. E. Holmes Drive east to Northside Drive, to Joseph E. Boone Boulevard; to waive various subsections of Section 138-8 of the Code of Ordinances; and for other purposes.  (To be advertised for a Public Hearing.)

07O2522( 4)            An Ordinance by Councilmember Carla Smith to authorize the Chief Financial Officer to create a new Fund, Account and Center Number to disburse funds for the Toilet Rebate Program; to amend the FY2008 (Water & Wastewater Renewal and Extension Fund) Budget of the Department of Watershed Management by transferring between accounts the sum of $1,000,000.00 for the purpose of funding the Toilet Retrofit Rebate Program for the Department of Watershed Management Drinking Water Customers who retrofit their toilet facilities to low-flow toilets; and for other purposes.

07O2523( 5)            An Ordinance by Councilmember Carla Smith to set a separate Water Rate pursuant to Atlanta City Code Chapter 154, Article III, Division 3 (Rates, Charges and Related Matters), Sections 111 (Authority to fix Water Rates) and 112 (established), for customers with meters or devices that have been granted exemptions from the sewer service charge pursuant to Atlanta City Code Chapter 154, Article V, Division 3 (Rates and Charges), Section 277, (Sewer Service Charge), subsection (e), to encourage conservation of water resources; to waive Atlanta City Code Chapter 2, Article II, Division 2 Subdivision II, Section 105 (establishment or change in fees for service, notice to the public); and for other purposes.

.         RESOLUTIONS

07R2450( 1)            A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed to Arcadis/Brindley, Pieters & Associates, JV, for FC-7619-03A, City-Wide Annual Contract for Architectural and Engineering Services, for Water Sewer Utility Location Services on behalf of the Department of Watershed Management, in an amount not to exceed $1,906,744.00; all work will be charged to and paid from Fund, Account and Center Number:  2J21 (Water & Wastewater Renewal and Extension Fund) 524001 (Consultant/Professional Services) Q65101 (Drinking Water Engineering Service); and for other purposes.

07R2451( 2)            A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed to Shaw Environmental, Inc./AIM Partners, PLC, Joint Venture, for FC-7619-03F, Annual Contract for Architectural and Engineering Services, New Operations Management Facility, Preliminary Design Services on behalf of the Department of Watershed Management, in an amount not to exceed $1,749,729.87; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J21 (Water & Wastewater Renewal and Extension Fund) 524001 (Consultant/Professional Services) Q11A051294DA (DWM–Operations Building Construction); and for other purposes.

07R2504( 3)            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. 

07R2517( 4)            A Resolution by Councilmember Howard Shook authorizing the Mayor to accept and execute an agreement to permit the construction of temporary retaining walls employing a prestressed tie-back system located within and under the public rights-of-way of Garson Drive adjoining the property at 515 Garson Drive Land Lot 58 of the 17^th District of Fulton County, wherein the grantee reserves the rights to limit and regulate the usage of the surface, sub surface and aerial spaces within the rights-of-way; to provide conditions for allowing same; and for other purposes.

G.        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)

07R1214(12)           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.)

07R1477(13)           A Resolution by City Utilities Committee approving the Department of Public Works use of that certain section of Chastain Park along Powers Ferry Road for the purpose of widening the bridge over Nancy Creek and maintaining the same in perpetuity and for the purpose of placing and maintaining a drainage system in perpetuity, whereby said DPW use shall not interfere with the use of said property as parkland; and for other purposes. (Held 7/31/07 for further review)

07O1521(14)           An Ordinance by Councilmember Natalyn M. Archibong to amend Chapter 138 of the Code of Ordinances of the City of Atlanta so as to create a new Article VIII to be entitled “Outdoor Dining Areas”; to amend Article II of Chapter 138 so as to create a new Division 8 to be entitled “Outdoor Dining Areas”; to establish procedures for the authorization of restaurants that wish to provide Outdoor Dining Services; and for other purposes.  (Held 7/31/07)  (Work session was held 9/13/07) (Next Work session 10/12/07 at 9:30)

07R1944(15)           A Resolution by City Utilities Committee authorizing the Mayor to execute Amendment No. 3 for the agreement with Southeast Energy Assistance for FC-6005007948, Care and Conserve Program, on behalf of the Department of Watershed Management to provide for the continued administration of the program in an amount not to exceed $977,561.60 to charge to and paid from Various Fund, Account and Center Numbers; and for other purposes. (Held 9/25/07 for further review)

07O2023(16)           An Ordinance by Councilmember Carla Smith, 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-06-83, (701 Pershing Avenue, SE) applicant deposit a dollar amount ($5,870.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 1; and for other purposes.  (Held 9/25/07 for further review)

07R2147(17)           A Resolution by City Utilities Committee authorizing the Mayor on behalf of the City of Atlanta (“City”), to enter into an Encroachment Agreement for non-conforming uses, with Zoo Atlanta, for the installation of twenty (20) Wayfinding Signs on the City’s right-of-way; and for other purposes.  (Held 10/9/07 for further review)

07C2179(18)           A Communication by Mayor Shirley Franklin re-appointing Ms. Kathleen Jackson Bertrand to serve as a member of the Keep Atlanta Beautiful Board of Directors for the City of Atlanta .  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Held 10/30/07 for Ms. Bertrand to appear before the committee.)

07C2202(19)           A Communication by Councilmember Kwanza Hall appointing Ms. Catherine A. Chase to serve as a member of the Keep Atlanta Beautiful Board of Directors for the City of Atlanta .  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Held 10/30/07 for Ms. Chase to appear before the committee.)

H.        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 Smith requested a status report on recycling from the Department of Public Works

4.         Councilmember Muller requested a status report on all the bridges in the City from the Department of Public Works.

5.         Councilmember Shook requested a status report on the quality of water at the 1^st committee meeting in January.

AGENDA

ZONING COMMITTEE

ZONING COMMITTEE

AGENDA

WEDNESDAY, NOVEMBER 28, 2007

A.        ADOPTION OF AGENDA

APPROVAL OF MINUTES

CONSENT AGENDA

ORDINANCES FOR FIRST READING

07O2526( 1)            Z-07-109         An Ordinance by Zoning Committee to rezone from the C-1-C (Community Business-Conditional) District to the PD-OC (Planned Development-Office Commercial) District, property located at 3312-3316 Piedmont Road, NE and 3232-3242 Peachtree Road, NE, fronting approximately 300 feet on the west side of Piedmont Road and approximately 480 feet on the north side of Peachtree Road.

Depth:              Varies

Area:                            Approximately 13.1139 Acres

Land Lots:                    61 and 62, 17^th District, Fulton County ,                                                Georgia

Owner:             J. H. Holdings, Inc.

Applicant:                     J. H. Holdings, Inc.

NPU-B                                                            Council District 7

07O2527 2) Z-07-113         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 430 and 460 Englewood Avenue, SE, fronting approximately 678 feet on the north side of Englewood Avenue beginning approximately 132 feet from the northeast corner of Mailing Avenue.

Depth:              Approximately 1,010 Feet

Area:                            Approximately 10.32 Acres

Land Lot:                     42, 14^th District, Fulton County , Georgia

Owner:             JWGST LLC/Joseph Wiles

Applicant:                     Jason Fritz

NPU-Y                                                            Council District 1

07O2528( 3)            Z-07-114         An Ordinance by Zoning Committee to rezone from the I-1 (Light Industrial) District to the PD-MU (Planned Development-Mixed Use) District, property located at 1022 Northside Drive, NW, fronting approximately 147.21 feet on the west side of Northside Drive at the southwest corner of Eleventh Street.

Depth:              Varies

Area:                            Approximately .353 Acre

Land Lots:                    149 and 150, 17^th District, Fulton County ,                                            Georgia

Owner:             Ten Side Holdings, LLC.

Applicant:                     Ten Side Holdings, LLC.

NPU-E                                                            Council District 3

07O2529( 4)            Z-07-115         An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential), RG-3 ( Residential General-Sector 3) and C-2 (Commercial Services) Districts to the MR-5A (Multi-Family Residential) District, property located at 345 and 355 Moreland Avenue, SE and 1144 Faith Avenue, SE, fronting approximately 375 feet on the west side of Moreland Avenue at the southwest corner of I-20 and Moreland Avenue.

Depth:              Approximately 250 Feet

Area:                            Approximately 1.297 Acres

Land Lot:                     12, 14^th District, Fulton County , Georgia

Owner:             Taylor Interest, LLC.

Applicant:                     Cortland Partners

NPU-W                                                           Council District 5

07O2530( 5)            U-07-34/U-01-37        An Ordinance by Zoning Committee to amend Ordinance 01O1268(U-01-37) which granted a Special Use Permit for a Private School pursuant to Section 16-06.005 (1) (l) for purposes of a change of conditions.  Property located at 1700 Piedmont Avenue, NE , fronting approximately 1,150 feet on the west side of Piedmont Avenue beginning at the southwest corner of Montgomery Ferry Road .

Depth:              Varies

Area:                            Approximately 10.718 Acres

Land Lots:                    51 and 56, 17^th District, Fulton County ,                                                Georgia

Owner:             Morningside Baptist Church

Applicant:                     Heritage Preparatory School of Georgia

NPU-F                                                            Council District 6

07O2531( 6)            U-07-35/ U-03-13       An Ordinance by Zoning Committee to amend Ordinance 03O0692(U-03-13) which granted a Special Use Permit for a Church pursuant to Section 16-05.005 (1) (c) for purposes of a Site Plan Amendment.  Property located at 306-312 Peyton Road, SW , fronting approximately 482.8 feet on the southeasterly side of Peyton Road beginning approximately 1,540 feet northerly from the northeast corner of Peyton Woods Trail.

Depth:              Varies

Area:                            Approximately 7.330 Acres

Land Lots:                    213 and 204, 14^th District, Fulton County ,                                            Georgia

Owner:             St. Paul ’s Episcopal Church

Applicant:                     Metro Planning Service, Inc.

By:                               James R. Bailey

NPU-R                                                            Council District 10

07O2532( 7)            U-07-36/ U-02-33/ U-86-39   An Ordinance by Zoning Committee to amend Ordinance 02O1994(U-02-33/U-86-39) adopted by City Council on December 1, 2003 and approved by the Mayor on December 9, 2003 which granted a Special Use Permit for a Private Club for purposes of a Site Plan Amendment.  Property located at 1215 Piedmont Avenue, NE.

Land Lots:                    54 and 55, 17^th District, Fulton County ,                                                Georgia

Owner:             Piedmont Driving Club

Applicant:                     Piedmont Driving Club

NPU-E                                                            Council District 6

07O2533( 8)            U-07-38/ U-88-34       An Ordinance by Zoning Committee to amend Ordinance 88-O-1661 (U-88-34) which granted a Special Use Permit for a           Church pursuant to Section 16-05.005 (1) (c) for purposes of a Site Plan Amendment.  Property located at 1730 Hollywood Road, NW , fronting approximately 673.46 feet on the west side of Hollywood Road , beginning 317 feet south from the southwest corner of Hollywood Road and Browntown Road .

Land Lot:                     215, 17^th District, Fulton County , Georgia

Owner:             Springfield Missionary Baptist Church

Applicant:                     Joseph Copland

NPU-G                                                            Council District 9

07O2534( 9)            U-07-33          An Ordinance by Zoning Committee granting a Special Use Permit pursuant to Section 16-18K.004 (3) (a) for a Day Care Center, property located at 222 Walnut Street, NW, fronting approximately 64 feet on the west side of Walnut Street.

Depth:              Varies

Area:                            Approximately 0.146 Acre

Land Lot:                     83, 14^th District, Fulton County , Georgia

Owner:             Carnell Thomas

Applicant:                     Barbara G. Thomas

NPU-L                                                            Council District 3

07-O- 2535 (10)          U-07-37          An Ordinance by Zoning Committee granting a Special Use Permit pursuant to Section 16-06.005 (1) (g) for a Personal Care Home, property located at 1438 South Gordon Street, SW, fronting approximately 115 feet on the south side of South Gordon Street.

            Depth:              Varies

            Area:                            Approximately 0.298 Acre

            Land Lot:                     140, 14^th District, Fulton County , Georgia

            Owner:             Terry Porter

            Applicant:                     Terry Porter

            NPU-T                                                            Council District 10

07O2536(11)           U-07-39          An Ordinance by Zoning Committee granting a Special Use Permit pursuant to Section 16-05.005 (1) (b) for a Day Care Center, property located at 600 Peachtree Battle Avenue, NW, fronting approximately 587 feet on the south side of Peachtree Battle Avenue and approximately 693 feet on the west side of Northside Drive.

Depth:              Varies

Area:                            Approximately 11.16 Acres

Land Lot:                     155, 17^th District, Fulton County , Georgia

Owner:             Ahavath Achim Congregation, Inc., by                                      Susan J. Goldstein

Applicant:                     Ahavath Achim Congregation, Inc., by                                      Susan J. Goldstein

            NPU-C                                                            Council District 8

REGULAR AGENDA

D.        ZRB SUMMARY REPORT

E.         PAPERS HELD IN COMMITTEE

06-O-0273 ( 1)            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( 2)            An Ordinance by Zoning Committee to rezone

Z-06-05           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( 3)            An Ordinance by Councilmember Carla Smith

Z-05-65           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( 4)            An Ordinance by Councilmember Carla Smith

U-05-22          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)

06O1950( 5)            An Amended Ordinance by Zoning Committee to rezone

Z-06-92           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( 6)            A Substitute Ordinance by Zoning Committee to rezone from

Z-06-44           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

06O1927( 7)            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( 8)            An Ordinance by Community Development/Human

CDP-07-09     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( 9)            An Ordinance by Zoning Committee to rezone from the C-2

Z-06-138         (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(10)           An Ordinance by Zoning Committee to rezone from the R-G-3

Z-06-74           (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(11)           An Ordinance by Zoning Committee to rezone

Z-06-113         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(12)           An Ordinance by Zoning Committee to amend Ordinance 04-

Z-07-24           O-2076/Z-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

07O1524(13)           An Ordinance by Councilmember Joyce Sheperd to rezone

Z-07-40           from the R-4 (Single-Family Residential) district to the R-4A (Single-Family Residential) District, property located at 1623, 1619, 1615, 1609, 1603,1599, 1595, 1589, 1585, 1579, 1575, 1573, 1569 and 1559 Langston Avenue, SE, fronting approximately 716.50 feet on the west side of Langston Avenue.  Property is located approximately 150 feet on north of the intersection of Langston Avenue and Katherwood Drive .  (Held 8/29/07 for further review)

Depth:  Varies

Area:                Approximately 6.03 Acres

Land Lot:         121, 14^th District, Fulton County , Georgia

Owner: Brian Turner, President Southern Saw

Applicant:         David N. Hauseman

NPU-X                                                            Council District 12

06O0038(14)           An Ordinance by Councilmembers Carla Smith and Ivory Lee

Z-05-56           Young, Jr. 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.  (Favorable by Zoning Committee 10/31/07) (Referred back by Council 11/5/07) (Held 11/14/07) (Advertised for a Public Hearing on 12/12/07)

PENDING LEGISLATION FOR ZRB

06O0017( 1)            An Ordinance by Councilmember Carla Smith

Z-05-104         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

Z-05-119         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)            An Ordinance by Councilmember Carla Smith to amend

Z-05-125         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)            Ordinance by Councilmember Anne Fauver to amend

Z-06-65           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)            An Ordinance by Councilmember Kwanza Hall to amend

Z-06-76           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.

PENDING LEGISLATION FOR ZRB  (CONT’D)

06O2468( 6)            An Ordinance by Councilmember Carla Smith to amend

Z-06-123/        Ordinance 06O0944(Z-06-56) which rezoned property from

Z-06-56           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( 7)            An Ordinance by Councilmember Carla Smith to amend

Z-06-144         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.

07O0266( 8)            An Ordinance by Zoning Committee to rezone from the R-3

Z-07-06           (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( 9)            An Ordinance by Zoning Committee to rezone from the I-1

Z-07-09           (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

PENDING LEGISLATION FOR ZRB  (CONT’D)

07O0385(10)           An Ordinance by Zoning Committee to rezone from the R-4

Z-07-20           (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

07O0611(11)           An Ordinance by Councilmember Clair Muller to amend the

Z-07-52           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(12)           An Ordinance by Councilmember Jim Maddox to amend the

Z-07-43           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(13)           An Ordinance by Councilmembers Carla Smith and Ivory Lee

Z-07-54           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.

07O0854(14)           An Ordinance by Zoning Committee to rezone from the R-4

Z-07-15           (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:         &