CITY UTILITIES COMMITTEE

CITY UTILITIES COMMITTEE

AGENDA

TUESDAY, JANUARY 15, 2008

9:00 A. M.

A.        ADOPTION OF THE AGENDA

B.         APPROVAL OF MINUTES

C.        ELECTION OF VICE-CHAIR

D.        STATUS REPORT ON THE QUALITY OF WATER – DEPARTMENT OF WATERSHED MANAGEMENT

E.         AN AUDIT REPORT – LESLIE WARD, CITY AUDITOR

F.         ORDINANCE FOR SECOND READING

07O2549( 1)            An Ordinance by City Utilities Committee authorizing the City of Atlanta to anticipate funds for the Care and Conserve Program, on behalf of the Department of Watershed Management, in the amount of $340,468.00; and for other purposes.

G.        RESOLUTION

08R0008( 1)            A Resolution by City Utilities Committee authorizing the Mayor to accept on behalf of the City of Atlanta certain property at intersection of Brenda Drive and Fairburn Road in Land Lot 35 of the 14^th (FF) District, Fulton County Georgia, as described in the attached Exhibits “A” and “A-1” by execution of a Quitclaim Deed conveying land to the City for development of a Pump Station; and for other purposes.

H.        ORDINANCE FOR FIRST READING

08O0007( 1)            An Ordinance by City Utilities Committee to abandon a portion of Solomon Street, SE located between Fraser Street and Martin Street consisting of 0.458 acre, more or less and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 53 of the 14^th District, Fulton County, Georgia; and for other purposes.  (To be advertised for a Public Hearing.)

I.           PAPERS HELD IN COMMITTEE

06R0563( 1)            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( 2)            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)

06O1573( 3)            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( 4)            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( 5)            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)

 ( 6)      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( 7)            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( 8)            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( 9)            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(10)           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(11)           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(12)           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(13)           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(14)           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(15)           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)

07O2505(16)           An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Mary Norwood , Joyce Sheperd, Anne Fauver, Natalyn M. Archibong, Clair Muller, Caesar C. Mitchell and Ivory L. Young, Jr. 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.  (Amended and held 11/27/07 for further review.)

07R2597(17)           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.  (Dummy paper.) (Held 12/11/07)

07O2600(18)           An Ordinance by Councilmember Mary Norwood to re-name Hills Ave., NW, from Defoor Hills Rd., NW to Chattahoochee Ave., NW, to Collier Rd., NW; to waive various subsections of Section 138-8 of the Code of Ordinances; and for other purposes. (Held 12/11/07) (To be advertised for a Public Hearing)

07O2604(19)           An Ordinance by Councilmember Clair Muller to amend Part 15, Section 15-09.004 of the City’s Land Subdivision Ordinance in the City of Atlanta’s Code of Ordinances for the purpose of defining sanitary sewer connection requirements for Land Subdivisions; and for other purposes.  (Held 12/11/07 for further review.)

07O2605(20)           An Ordinance by Councilmember Clair Muller to amend Chapter 154, Utilities, Article IV, Sewer Construction and Assessments, Division 1 of the City Code of Ordinances for the purpose of defining Sanitary Sewer Connection Requirement; and for other purposes. (Held 12/11/07 for further review.)

J.          REQUESTED ITEMS

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

AGENDA

ZONING COMMITTEE

ZONING COMMITTEE

AGENDA

WEDNESDAY, JANUARY 16, 2008

A.        ADOPTION OF AGENDA

APPROVAL OF MINUTES

C.        ELECTION OF VICE CHAIR

CONSENT AGENDA

D.        ORDINANCES FOR FIRST READING

08O0097( 1)            An Ordinance by Zoning Committee to rezone from the I-2

Z-07-121         (Heavy Industrial) District to the MRC-3 (Mixed Residential Commercial) District, property located at 880 Glenwood Avenue, SE, fronting approximately 202 feet on the north side of Glenwood Avenue and at the intersection of Glenwood Avenue and Chester Avenue.

Depth:              820 Feet

Area:                            Approximately 4.2 Acres

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

Owner:             The Trust for Public Land, Inc.

Applicant:                     Capital 33, LLC

By:                               Sharon A. Gay

NPU-W                                               Council District 1

08O0098( 2)            An Ordinance by Zoning Committee to rezone from the I-2

Z-07-122         (Heavy Industrial) District to the MR5-A (Multi-Family Residential) District, property located at 575 14^th Street, NW, fronting approximately 470 feet on the west side of Mecaslin Street, beginning approximately 100 feet from the southwest intersection of Mecaslin and Sixteenth Street.

Depth:              Varies

Area:                            Approximately 7.141 Acres

Land Lots:                    148 and 149, 17^th District, Fulton County ,                                            Georgia

Owner:             Georgia Tech Foundation

Applicant:                     Pollack Partners

NPU-E                                                Council District 3

08O0099( 3)            An Ordinance by Zoning Committee to rezone from the C-1

Z-07-123         (Commercial Business) and the R-4 (Single-Family Residential) Districts to the MRC-2 (Mixed Residential Commercial) District, property located at 2889 and 2271 Memorial Drive, SE, fronting approximately 275 feet on the south side of Memorial Drive and the southwest intersection of Memorial Drive and Candler Road.

Depth:              285 Feet

Area:                            Approximately 1.68 Acres

Land Lot:                     182, 15^th District, Dekalb County , Georgia

Owner:             R. Matt Wilson

Applicant:                     Heywood Cole (H. Cole Development, LLC)

NPU-O                                                Council District 5

08O0100( 4)            An Ordinance by Zoning Committee to rezone from the R-4

Z-07-125         (Single-Family Residential) District to the MR4B (Multi-Residential Family) District, property located at 1540 Donald Lee Hollowell Parkway, NW, fronting approximately 105 feet on the west side of Donald Lee Hollowell Parkway beginning approximately 140 feet from the northern intersection of Elmwood.

Depth:              Varies

Area:                            Approximately 0.596 Acre

Land Lot:                     146, 14^th District, Fulton County , Georgia

Owner:             Wayne J. Blackett

Applicant:                     Alfred L. White

NPU-J                                     Council District 3

08O0101( 5)            An Ordinance by Zoning Committee to amend Ordinance U-

U-07-40          80-5 which granted a Special Use Permit for a Private Club (Section 16-05.006 (1) (d)), property located at 155 West Paces Ferry Road, NW .

            Depth:              Varies

            Area:                            Approximately 18.05 Acres

            Land Lot:                     115, 17th District, Fulton County , Georgia

            Owner:             Cherokee Town Club

            Applicant:                     Wilson Brock and Irby, LLC/Larry M.                                                 Dingle, Esq.

            NPU-A                                                Council District 8

08O0102( 6)            An Ordinance by Zoning Committee granting a Special

U-07-41          Use Permit for a Helipad (Section 16-18A.006), property located at 45 Allen Plaza, NW (aka 55 Alexander Street, NW ), and approximately 200 feet on the west side of Spring Street.

            Depth:              Varies

            Area:                            Approximately 1.8 Acres

            Land Lot:                     79, 14th District, Fulton County , Georgia

            Owner:             45 Allen Plaza Development, LLC

            Applicant:                     45 Allen Plaza Development, LLC/ Hakim                                            Hilliard

            NPU-M                                               Council District 2

08O0103( 7)            An Ordinance by Zoning Committee granting a Special

U-07-42          Use Permit for a Personal Care Home (Section 16-18K.004), property located at 143 Walnut Street, NW, fronting approximately 36 feet on the east side of Walnut Street and approximately 130 feet north of the intersection of Walnut Street and Magnolia Street.

            Depth:              145 Feet

            Area:                            Approximately 0.112 Acre

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

            Owner:             Annie Young

            Applicant:                     Annie Young

            NPU-L                                                Council District 3

REGULAR AGENDA

ZRB SUMMARY REPORT

F.         PAPERS HELD IN COMMITTEE

06-O-0273 ( 1)            An Ordinance by Councilmembers Carla Smith, Ivory Lee Young, Jr. and Cleta Winslow correcting Ordinance Number 04-O-0179/Z-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)

06O0955( 5)            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

06O1950( 6)            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

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

07O1524(12)           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

07O1910(13)           An Ordinance by Councilmember Carla Smith to

Z-07-99           rezone the properties located at 760 Confederate Avenue , also known as 766 Confederate Avenue and 750 Confederate Avenue from the R-5 (Two Family Residential District) District to the C-1-C (Community Business District Conditional); to modify the Official Zoning Maps; and for other purposes. (Held 11/28/07)

06O1888(14)           An Ordinance by Community Development/Human

CDP-06-65     Resources Committee to amend the Land Use Element of the City of Atlanta ’s 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property located at 3700 Martin Luther King, Jr. Drive, SW , from the “Medium Density Residential” Land Use Designation to the “Mixed-Use” Land Use Designation; and for other purposes. (Public Hearing held 9/11/06) (Filed by CD/HR Committee 11/27/07)

NPU-H                                                            Council District 1

07O2300(15)           An Ordinance by Community Development/Human Resources

CDP-07-42     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 760 Confederate Avenue, from the “Low Density Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes. (Held 11/13/07) (CDP Amendment Public Hearing held 11/26/07) (Favorable by CD/HR Committee 11/27/07)

NPU-W                                                           Council District 1

07O2594(16)           An Ordinance by Councilmember Kwanza Hall requesting that Chapter 28A.010 of the Code Ordinances, the Sign Ordinance, Subsection (12) Special Public Interest District 1 (Central Core) District of the City of Atlanta Zoning Ordinance be waived to allow for the construction of two (2) Signs at 100 Auburn Avenue, NE; and for other purposes.  (Held 12/12/07)

06O0038(17)           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) (Public Hearing held 12/12/07) (Held 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 06-O-0944 (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

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:                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

07O0857(15)           An Ordinance by Zoning Committee to rezone from the C-1

Z-07-46           (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

07O0859(16)           An Ordinance by Zoning Committee to rezone from the I-2

Z-07-48           (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(17)           An Ordinance by Zoning Committee to rezone from the MR-

Z-07-49           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.

PENDING LEGISLATION FOR ZRB  (CONT’D)

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

07O0865(18)           An Ordinance by Zoning Committee to grant a Special Use

U-07-09          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

07O1125(19)           An Ordinance by Zoning Committee to rezone from the SPI-

Z-07-59           16-Subarea 3 (Midtown Special Public Interest) District to the SPI-16-Subarea 1 (Midtown Special Public Interest) District, property located at 131-151 Ponce de Leon Avenue, NE , fronting approximately 304 feet on the south side of Ponce de Leon Avenue at the southeast corner of the intersection of Ponce de Leon and Juniper Street .

Depth:  Approximately 332 Feet

Area:                2.53 Acres

Land Lot:         49, 14^th District, Fulton County , Georgia

Owner: Thirty-Third Latitude Properties

Applicant:         Thirty-Third Latitude Properties by G. Douglas Dillard, Esq.

NPU-E                                                            Council District 2

07O1130(20)           An Ordinance by Zoning Committee granting a Special Use

U-07-15          Permit for a Hotel (Section 16-13.005 (l)(g)), property located at 3002 Peachtree Street, NE, fronting approximately 196.25 feet on the west side of Peachtree Road and the southwest corner of the intersection of Pharr Road and Peachtree Road.

Depth:  Varies

Area:                2.4108 Acres

Land Lot:         100, 17^th District,