CITY UTILITIES COMMITTEE

CITY UTILITIES COMMITTEE

AGENDA

APRIL 30, 2008

A.        ADOPTION OF THE AGENDA

B.         APPROVAL OF MINUTES

C.        COMMENTS FROM THE PUBLIC

CONSENT

D.        ORDINANCES FOR FIRST READING

08O0689( 1)            An Ordinance by City Utilities Committee authorizing automobile reimbursement for Position Nos. 52121 (Administrative Assistant Senior) and 53810 (Civil Engineer Senior) on behalf of the Department of Watershed Management, Bureau of Engineering Services; and for other purposes.

08O0744( 2)            An Ordinance by City Utilities Committee to fix a schedule for monthly Water and Sewer Rates and Charges for the City of Atlanta, Georgia, and to recover costs associated with credit card, electronic check and debit card payment use as authorized by Chapter 154, Article III, Division 3, Sections 154-111 and 154-112 (Water Rates and Charges) and Chapter 154, Article V, Divisions 3, Sections 154-276 and 154-277 (Sewer Rates and Charges) for the time period beginning July 1, 2008 and terminating June 30, 2012; and for other purposes.

REGULAR

E.         ORDINANCES FOR SECOND READING

08O0540( 1)            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.  (3^rd Reading , Final Adoption)

08O0541( 2)            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.  (3^rd Reading , Final Adoption)

08O0542( 3)            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.  (3^rd Reading , Final Adoption)

08O0543( 4)            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.  (3^rd Reading , Final Adoption)

08O0544( 5)            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.  (3^rd Reading , Final Adoption)

08O0545( 6)            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. (3^rd Reading , Final Adoption)

08O0546( 7)            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. (3^rd Reading , Final Adoption)

08O0547( 8)            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.  (3^rd Reading , Final Adoption)

08O0823( 9)            An Ordinance by Councilmember Felicia A. Moore correcting Ordinance Number 07-O-1075 which abandoned a portion of Bolton Place, NW located between Bolton Drive and Marietta Boulevard and a portion of Bolton Drive, NW located between the Dead-End of Bolton Drive to approximately 306.76 feet west of Bolton Place; and for other purposes.

08O0848(10)           An Ordinance by Councilmember Anne Fauver 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-08-02 (1824 Piedmont Avenue, NE) applicant deposit a dollar amount ($6,300.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 6; and for other purposes.

F.         RESOLUTIONS

08R0677( 1)            A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Wade Coots Company, Inc. for FC-4195, Annual Contract for Testing and Analysis of Large Water Meters, on behalf of the Department of Watershed Management, in an amount not to exceed $1,181,650.00; all contracted work shall be charged to and paid from Account Number as listed; and for other purposes.

08R0678( 2)            A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into Renewal Agreement No. 1 with Florida Testing Services, LLC D/B/A Xenco Laboratories F/K/A Accura Analytical Laboratories for FC-6006007932, Trace Organic Laboratory Services, on behalf of the Department of Watershed Management in an amount not to exceed $48,000.00; all contracted work shall be charged to and paid from Various Funding Sources; and for other purposes.

08R0679( 3)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Site Engineering, Inc., for FC-3006007923, Streambank Stabilization and Bioengineering Systems on behalf of the Department of Watershed Management in an amount not to exceed $200,000.00; all contracted work shall be charged to and paid from FDOA 5051-170602-5222999-7410000 [Water & Wastewater Revenue (Fund) DWM Greenway Planning & Acquisition (Department/Org) Service/Repair/Maintenance Cont-Conversion (Account) Planning & Zoning (Function Activity)]; and for other purposes.

08R0680( 4)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Atlanta Infrastructure Managers, for FC-6005007989, Sewer System Evaluation Survey of Wastewater Collection and Transmission System Sewer Groups 3&4-Contract D on behalf of the Department of Watershed Management in an amount not to exceed $1,790,300.00; all contracted work shall be charged to and paid from PTAEO Funding Source 17102652/101/505281387/5212001 Consulting/Prof Services/City of Atlanta; and for other purposes.

08R0681( 5)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 3 Annual Contract with HDR Engineering, Inc., for FC-6005007887-D, to add additional funding for the City Hall South Trinity Avenue Sidewalk Design and Construction Work, on behalf of the Department of Public Works, in an amount not to exceed $16,500.00; all contracted work shall be charged to and paid from Fund Department and Account Number as listed; and for other purposes.

08R0682( 6)            A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 1 with SD&C, Inc., for FC-3006007969, Pryor Road Streetscape Project, on behalf of the Department of Public Works, in order to continue the Streetscape Improvement Projects along Pryor Road; and for other purposes.

08R0683( 7)            A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Desmear Systems, Inc., for FC-3006007928, Perry Boulevard Streetscape, on behalf for the Department of Public Works; and for other purposes.

08R0684( 8)            A Resolution by Councilmember Natalyn Archibong authorizing the Mayor to execute Renewal No. 1 with Precision 2000, Inc., for FC-3006007964, Metropolitan Parkway Phase I and Phase II Streetscape Project, on behalf of the Department of Public Works, in an amount not to exceed $825,751.00; all contracted work shall be charged to and paid from Various Fund Department and Account Numbers; and for other purposes.

08R0685( 9)            A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with SD&C, Inc., for FC-3005007883-B, Annual Contract, Construction Services for Sidewalk, Driveways and Curbs, on behalf of the Department of Public Works, in an amount not to exceed $953,268.54; all contracted work shall be charged to and paid from Various Fund Department and Accounts Numbers; and for other purposes.

08R0686(10)           A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Stewart Bros., Inc., for FC-3005007849A, Annual Asphalt Resurfacing and Milling Contract, on behalf of the Department of Public Works, in an amount not to exceed $1,933,056.87; all contracted work shall be charged to and paid from Various Fund Department and Account Numbers; and for other purposes.

08R0687(11)           A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture for FC-7619-03B, Annual Contract for Architectural and Engineering Services, for additional Construction Management Services for the North Highland Avenue Streetscape Project Phase 2, on behalf of the Department of Public Works, in an amount not to exceed $40,400.00; all contracted work shall be charged to and paid from PTAEO Number: 13102534 102 313821776 COA and Fund Department and Account Number: 3138 130308 5410001; and for other purposes.

08R0688(12)           A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed with Arcadis/Brindley, Pieters and Associates, a Joint Venture for FC-7619-03A, Annual Contract for Architectural and Engineering Services, for additional Design and Construction Management Services for the Cheshire Bridge Road Streetscape Project Phase 2, on behalf of the Department of Public Works, in an amount not to exceed $49,706.00; all contracted work shall be charged to and paid from Fund Department and Account Number: 3138 (2008 Quality of Life Fund) 130308 (DPW Transportation Design) 5410001 (Consulting/Professional SVCS-Capital PRJS) PTAEO Funding Source: 13102534/103/313821776/5410001 Consulting/Professional SVCS-Capital City of Atlanta; and for other purposes.

G.        PAPERS 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)

07R0002( 2)            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( 3)            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( 4)            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( 5)            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( 6)            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( 7)            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( 8)            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( 9)            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(10)           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(11)           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(12)           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(13)           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)

08O0481(14)           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.  (Held 4/1/08 for further review.)

08C0532(15)           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. (Held 4/1/08 awaiting Mr. Watson to appear before the committee.)

08O0562(16)           An Ordinance by Councilmember Anne Fauver as amended by City Utilities Committee amending the Code of Ordinances of the City of Atlanta by deleting a sentence in subparagraph (f); and for other purposes. (Held 4/1/08 for further review.)

H.        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 30, 2008

A.        ADOPTION OF AGENDA

APPROVAL OF MINUTES

CONSENT AGENDA

C.        ORDINANCES FOR FIRST READING

08O0862( 1)            An Ordinance by Zoning Committee to rezone from the R-4

Z-08-28           (Single-Family Residential) and R-4A (Single-Family Residential) Districts to the R-4B (Single-Family Residential) and the MR-2 (Multifamily Residential) Districts, property located at 80, 100, 102, 108 and 112 Sewanee Avenue, with boundaries as follows: I-20 Interstate on the west, Sewanee Avenue on the southwest and Ellendale Lane on the southeast.

            Depth:              Varies

            Area:                            Approximately 15.0 Acres

            Land Lot:                     206, 14^th District, Fulton County , Georgia

            Owner:             Habitat for Humanity

            Applicant:                     Walter Brown ( Green Street Properties)

            NPU-J                                                 Council District 3

08O0863( 2)            An Ordinance by Zoning Committee to rezone from the R-5

Z-08-29           (Two-Family Residential) District to the R-4B (Single-Family Residential) District, property located at 998 and 1002 Center Street, NW, fronting approximately 104.19 feet on the west side of Center Street and also located on the southwesterly side of the intersection of Lynch Avenue and Center Street.

            Depth:              Approximately 100 Feet

            Area:                            0.243 Acre

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

            Owner:             Michael J. Anderson

            Applicant:                     Michael J. Anderson

            NPU-E                                                            Council District 3

08O0864( 3)            An Ordinance by Zoning Committee granting a Special Use

U-08-13          Permit for a Personal Care Home (16.06B.005 (l)(g)), property located at 564 Hope Street, SW, fronting approximately 50 feet on the south side of Hope Street and approximately 50 feet west of the intersection of Hope Street and Hobson Street.

            Depth:              Approximately 188 Feet

            Area:                            0.21 Acre

            Land Lot:                     87, 14^th District, Fulton County , Georgia

            Owner:             Eric L. Young

            Applicant:                     Annie B. Young-Sheperd

            NPU-V                                                            Council District 4

D.        ZRB SUMMARY REPORT

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)

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

07O1910(10)           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(11)           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(12)           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(13)           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(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) (Public Hearing held 12/12/07) (Held 12/12/07)

07O1916(15)           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(16)           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(17)           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(18)           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

07O2152(19)           An Ordinance by Zoning Committee to rezone from the I-1

Z-07-100         (Light Industrial) District to the MRC-3 (Mixed Residential Commercial) District, for property located at 1035-1039 Grant Street, SE, fronting approximately 540 feet on the west side of Grant Street beginning approximately 1,060 feet north from the northwest corner of Englewood Avenue. (Held 4/2/08)

Depth:  Approximately 310 Feet

Area:                Approximately 3.8 Acres

Land Lots:        1 and 2, 14^th District, Fulton County , Georgia

Owner: Arthur Cohen

Applicant:         John A. Bell

NPU-W                                                           Council District 1

08O0306(20)           An Ordinance by Zoning Committee to rezone from the R-4

Z-08-02           (Single-Family Residential), RG-1 (Residential General-Sector 1) and C-1 (Community Business) Districts to the I-1 (Light Industrial) District, for various properties bounded by Simon Street on the north, Ruby Harper Boulevard (a.k.a. Gilbert Road) on the east, Southside Industrial Parkway (a.k.a. Poole Creek Road) on the south.  Property fronts approximately 751 feet on the east side of Ruby Harper Boulevard at the northeast corner of Ruby Harper Boulevard and Southside Industrial Parkway .  (Held 4/2/08)

Depth:  Varies

Area:                Approximately 22.85 Acres

Land Lot:         33, 14^th District, Fulton County , Georgia

Owner: The Housing Authority of the City of Atlanta/City of Atlanta Department of Aviation/Annie McClendon

Applicant:         Atlanta Economic Renaissance Corporation/AMB Property Corporation

NPU-Z                                                            Council District 12

07O2297(21)           An Ordinance by Community Development/Human

CDP-07-38     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 1035-1039 Grant Street, NE, from the “Industrial” Land Use Designation to the “Mixed Use” Land Use Designation; and for other purposes. (Held 11/13/07) (CDP Amendment Public Hearing held 11/26/07) (A second CDP Amendment Public Hearing was held on 3/10/08) (Favorable by CD/HR Committee 4/1/08) (Held 4/2/08)

NPU-W                                                           Council District 1

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)            An 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,

PENDING LEGISLATION FOR ZRB  (CONT’D)

            from the PD-MU (Planned Development-Mixed Use) District to the I-1 (Light Industrial) District.

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

07O0385( 8)            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( 9)            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(10)           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.

PENDING LEGISLATION FOR ZRB  (CONT’D)

07O0621(11)           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(12)           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(13)           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

PENDING LEGISLATION FOR ZRB  (CONT’D)

07O0859(14)           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(15)           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