CITY UTILITIES COMMITTEE

CITY UTILITIES COMMITTEE

AGENDA

APRIL 1, 2008

A.        ADOPTION OF THE AGENDA

B.         APPROVAL OF MINUTES

C.        COMMENTS FROM THE PUBLIC

D.        COMMUNICATIONS

08C0530( 1)            A Communication by Mayor Shirley Franklin appointing Mr. Joe Basista as the Commissioner of Public Works, scheduled to begin on the date of Council confirmation.

08C0531( 2)            A Communication by Councilmembers Carla Smith, District 1; Kwanza Hall, District 2 and Ceasar C. Mitchell, Post 1 At-Large appointing Ms. Stacia Wilkaitis to serve as a member of the Water and Sewer Appeals Board.  This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation.

08C0532( 3)            A Communication by Councilmembers Ivory Lee Young, Jr., District 3; Cleta Winslow, District 4 and Ceasar C. Mitchell, Post 1 At-Large appointing Mr. Sho Watson, Esq. to serve as a member of the People TV Board of Directors. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

E.         ORDINANCES FOR SECOND READING

08O0479( 1)            An Ordinance by City Utilities Committee authorizing the Mayor or designee to enter into appropriate Railroad Crossing Agreements and CSX Transportation, Inc. and Norfolk Southern Railway Company associated with Sandy Creek Basin Projects, Proctor Creek Basin Projects, South River Basin Projects, Sugar Creek Basin Projects, Long Island Basin Projects, Nancy Creek Basin Projects, Peachtree Creek Basin Projects, Utoy Creek Basin Projects and Intrenchment Creek Basin Projects on behalf of the Department of Watershed Management; all costs associated with said agreements will be charged to and paid from the appropriate Accounts and Centers for Funds 5052 (Water & Wastewater Renewal & Extension), 5057 (2001 Water & Wastewater Bond Fund), 5058 (2004 Water & Wastewater Bond Fund) Future Water and Sewer Bond Funds; and for other purposes.

08O0480( 2)            An Ordinance by City Utilities Committee authorizing the Mayor or designee to execute all appropriate documents for the acquisition of certain permanent easements, temporary construction easements, rights-of-way or other necessary property interests associated with Sandy Creek Basin Projects, Proctor Creek Basin Projects, South River Basin Projects, Sugar Creek Basin Projects, Long Island Basin Projects, Nancy Creek Basin Project, Peachtree Creek Basin Project, Utoy Creek Basin Projects and Intrenchment Creek Basin Projects; to negotiate with property owners to acquire necessary permanent easements, temporary construction easements, rights-of-way or other necessary property interests, including condemnation proceedings; authorizing the waiver of applicable portions of Article X of the City’s Real Estate and Procurement Code; authorizing the City Attorney to proceed with the Declaration of Taking Method authorized by O.C.G.A. §§22-3-140 and 32-3-4 to acquire title to rights-of-way, easements and other related property interests necessary to complete the Capacity Relief Sewer Projects, on behalf of the Department of Watershed Management; all contracted work and payments for property interests will be charged to and paid from the appropriate Account Numbers associated with Funds 5052 (Water & Wastewater Renewal & Extension), 5057 (2001 Water & Wastewater Bond Fund), 5058 (2004 Water & Wastewater Bond Fund), And Future Water and Sewer Bond Funds; and for other purposes.

08O0481( 3)            An Ordinance by City Utilities Committee amending the 2008 (1994, 1997 G. O. Public Improvement Bond Fund) Budget by transferring from and to appropriations in the amount of $2,023,948.81, to fund the Assets Management and Improvement Program; and for other purposes.

08O0540( 4)            An Ordinance by Councilmember Carla Smith authorizing the Mayor to execute a Franchise Renewal Agreement with Time Warner Telecom of Georgia, LP to provide telecommunications services using public right-of-way; specifying the compensation due the City of Atlanta by the Franchise Agreement; and for other purposes.  (2^nd Reading , 1^st Adoption)

08O0541( 5)            An Ordinance by Councilmember Carla Smith authorizing the Mayor to execute a Franchise Renewal Agreement with Sprint Telecommunications Corporation, to provide telecommunications services using public right-of-way; specifying the compensation due the City of Atlanta by the Franchise Agreement; and for other purposes.  (2^nd Reading , 1^st Adoption)

08O0542( 6)            An Ordinance by Councilmember Carla Smith authorizing the Mayor to execute a Franchise Renewal Agreement with Southern Telecom, Inc., to provide telecommunications services using public right-of-way; specifying the compensation due the City of Atlanta by the Franchise Agreement; and for other purposes.  (2^nd Reading , 1^st Adoption)

08O0543( 7)            An Ordinance by Councilmember Carla Smith authorizing the Mayor to execute a Franchise Renewal Agreement with Progress Telecommunications Corporation, to provide telecommunications services using public right-of-way; specifying the compensation due the City of Atlanta by the Franchise Agreement; and for other purposes.  (2^nd Reading , 1^st Adoption)

08O0544( 8)            An Ordinance by Councilmember Carla Smith authorizing the Mayor to execute a Franchise Renewal Agreement with Looking Glass Networks, Inc., to provide telecommunications services using public right-of-way; specifying the compensation due the City of Atlanta by the Franchise Agreement; and for other purposes.  (2^nd Reading , 1^st Adoption)

08O0545( 9)            An Ordinance by Councilmember Carla Smith authorizing the Mayor to execute a Franchise Renewal Agreement with AGL Networks, LLC, to provide telecommunications services using public right-of-way; specifying the compensation due the City of Atlanta by the Franchise Agreement; and for other purposes.  (2^nd Reading , 1^st Adoption)

08O0546(10)           An Ordinance by Councilmember Carla Smith authorizing the Mayor to execute a Franchise Renewal Agreement with XO Georgia, Inc., to provide telecommunications services using public right-of-way; specifying the compensation due the City of Atlanta by the Franchise Agreement; and for other purposes.  (2^nd Reading , 1^st Adoption)

08O0547(11)           An Ordinance by Councilmember Carla Smith authorizing the Mayor to execute a Franchise Renewal Agreement with BellSouth Telecommunications, Inc., to provide telecommunications services using public right-of-way; specifying the compensation due the City of Atlanta by the Franchise Agreement; and for other purposes.  (2^nd Reading , 1^st Adoption)

08O0551(12)           An Ordinance by Councilmember Jim Maddox 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-07-65 (4050 Grant Place, SW) applicant deposit a dollar amount ($7,792.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 11; and for other purposes.

08O0555(13)           An Ordinance by Councilmember Anne Fauver to amend Chapter 138, Article II, Division7, Section 138-61 (Entitled, “Dumpsters”) of the Code of Ordinances of the City of Atlanta, so as to require that owners or provides of dumpsters that are placed in the public right-to-way maintain said dumpsters so that they are free of graffiti; and for other purposes.

08O0562(14)           An Ordinance by Councilmember Anne Fauver amending the Code of Ordinances of the City of Atlanta by deleting subparagraph (f) and renumbering the subsequent paragraphs; and for other purposes.

F.         PAPER HELD IN COMMITTEE

06O0937( 1)            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( 2)            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)

07R0002( 3)            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)

07R1214( 4)            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( 5)            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( 6)            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 sessions held 9/13/07 & 10/12/07)

07O2023( 7)            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( 8)            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( 9)            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.)

07O2604(10)           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(11)           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.)

08R0008(12)           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.  (Held 1/15/08 for further review.)

08R0296(13)           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 2/12/08.)

08O0426(14)           An Ordinance by City Utilities Committee to create Chapter 154, Section 121 (Drought Surcharge Established) and Chapter 154, Section 279 (Drought Surcharge Established) in the Code of Ordinances, City of Atlanta, to establish new Drought Surcharges for the City of Atlanta’s Water and Wastewater Systems; and for other purposes.  (Public Hearing held 3/19/08 at 6:30 p.m. in the Council Chambers) (Held 3/11/08)

G.        REQUESTED ITEM

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

AGENDA

ZONING COMMITTEE

ZONING COMMITTEE

AGENDA

WEDNESDAY, APRIL 2, 2008

A.        ADOPTION OF AGENDA

APPROVAL OF MINUTES

C.        ZRB SUMMARY REPORT

ORDINANCE FOR SECOND READING

08-O-0524 ( 1)            An Ordinance by Zoning Committee authorizing the Mayor or

Z-07-102         her designee to correct Ordinance Number 07-O-2154/Z-07-102 by including the correct version of the conditions in the legislation; and for other purposes.

PAPERS HELD IN COMMITTEE

06O0273( 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)

06O0007( 2)            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( 3)            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( 4)            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( 5)            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( 6)            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( 7)            An Amended Ordinance by Zoning Committee to rezone

Z-06-138         from the C-2 (Commercial Service) District to the MRC-3 (Mixed Residential-Commercial) District, property located at 349 Fourteenth 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( 8)            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( 9)            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(10)           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(11)           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(12)           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(13)           An Ordinance by Community Development/Human

CDP-07-42     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 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(14)           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(15)           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)

07O1916(16)           An Amended Ordinance by Zoning Committee to rezone

Z-07-88/          property from the RG-2-C (Residential General-Sector 2-

Z-05-114         Conditional) to the MR-3-C (Multi-Family-Conditional) District, property located at 2853 Campbellton Road, SW, fronting approximately 1,098 feet on the north side of Campbellton Road. (Held 1/16/08)

Depth:  Varies

Area:                Approximately 10.179 Acres

Land Lot:         218, 14^th District, Fulton County , Georgia

Owner: Cascade Walk, LLC

Applicant:         Michael B. Vinson

NPU-R                                                            Council District 11

06O2697(17)           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. (Held 1/30/08)

07O1620(18)           An Ordinance by Zoning Committee to rezone certain

Z-07-92           properties within the BeltLine Overlay District from R4-A (Single Family Residential) and RG-3 (Residential General-Sector 3) Districts to MR-4A (Multifamily Residential) District; and for other purposes. (Held 2/13/08)

07O1917(19)           An Amended Ordinance by Zoning Committee to rezone

Z-07-89           property from the RG-4 (Residential General-Sector 4) to the C-1 (Community Business) Districts, property located at 626-628 Parkway Drive, NE, fronting approximately 100 feet on the west side of Parkway Drive and approximately 700 feet north of the intersection of North Avenue and Parkway Drive. (Held 2/27/08 for CDP Amendment)

Depth:  Varies

Area:                0.448 Acre

Land Lot:         48, 14^th District, Fulton County , Georgia

Owner: Renee C. McPhee and Kendrick Armistead

Applicant:         Kendrick P. Armistead

NPU-M                                                           Council District 2

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.

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.

PENDING LEGISLATION FOR ZRB  (CONT’D)

07O0266( 7)            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( 8)            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( 9)            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

PENDING LEGISLATION FOR ZRB  (CONT’D)

07O0611(10)           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(11)           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(12)           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(13)           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(14)           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. 

PENDING LEGISLATION FOR ZRB  (CONT’D)

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(15)           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

07O0865(16)           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

PENDING LEGISLATION FOR ZRB  (CONT’D)

07O1345(17)           An Ordinance by Zoning Committee to rezone from the R-4

Z-07-66           (Single-Family Residential) District to PD-H (Planned Development-Housing) District, property located at 770 Shadowridge Drive, SE, property fronting approximately 86.64 feet on the east side of Shadowridge Drive and approximately 300 feet south of the intersection of Ormewood Avenue.

Depth:  Varies

Area:                6.11 Acres

Land Lot:         176, 15^th District, Dekalb County , Georgia

Owner: David Stewart

Applicant:         David Stewart

NPU-W                                               Council District 5

07O1349(18)           An Ordinance by Zoning Committee to rezone from the C-1

Z-07-70           (Community Business) District and R-LC (Residential Limited-Commercial) Districts to the C-2 (Commercial Service) District, property located at 305,309,315,321 Pharr Road, NE and 2985, 2989, 2991, North Fulton Drive, NE and 2990 and 2996 Grandview Avenue, NE.  Property is located approximately 175 feet on the west side of Grandview Avenue , approximately 285 feet on the east side of North Fulton Drive and approximately 285 feet on the south side of Pharr Road .

Depth:  Varies

Area:                Approximately 2.25 Acres

Land Lot:         60, 17^th District, Fulton County , Georgia

Owner: Robert C. Loudermilk

Applicant:         Caleb Raciocot (on behalf of Boss Properties, LLC)

NPU-B                                                Council District 7

07O1351(19)           An Ordinance by Zoning Committee to rezone from the RG-2

Z-07-72           (Residential General-Sector 2) District to the RG-3 (Residential General-Sector 3) District, property located at 26,28 and 30 Peachtree Avenue, NE, fronting approximately 179 feet on the north side of Peachtree Avenue beginning approximately 700 feet from the eastern intersection of Peachtree Road and Peachtree Avenue.

Depth:  Varies

Area:                Approximately 0.976 Acre

Land Lot:      &nbs