Mayor and City Council - Regular Meeting - 04.20.2010

8/9/2019 Mayor and City Council - Regular Meeting - 04.20.2010

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Morgan Falls Office Park 7840 Roswell Road, Building 500

Sandy Springs, GA 30350

CITY COUNCIL

Eva Galambos, Mayor

John Paulson – District 1

Dianne Fries – District 2

Chip Collins – District 3

Ashley Jenkins – District 4

Tibby DeJulio – District 5

Karen Meinzen McEnerny – District 6

Tuesday, April 20, 2010 Regular Meeting 6:00 PM

A) INVOCATION – Pastor Nate Bednar, Metropolitan Baptist Church

B) CALL TO ORDER – Mayor Eva Galambos

C) ROLL CALL AND GENERAL ANNOUNCEMENTS

D) PLEDGE OF ALLEGIANCE – Mayor Eva Galambos

(Agenda Item No. 10-089) E) APPROVAL OF MEETING AGENDA (add or remove items from agenda)

F) CONSENT AGENDA

(Agenda Item No. 10-090) 1. Meeting Minutes:

a) October 6, 2009 Regular Meetingb) October 6, 2009 Work Sessionc) October 20, 2009 Regular Meetingd) November 17, 2009 Regular Meetinge) November 17, 2009 Work Sessionf) December 15, 2009 Regular Meeting(Michael Casey, City Clerk)

(Agenda Item No. 10-091)

2. Plats Identified for Ratification since the January 19, 2010, City Council Meeting(Nancy Leathers, Director of Community Development)

(Agenda Item No. 10-092) 3. Approval of the Construction Bids for the PCID Peachtree Dunwoody (I-285 to Abernathy

Road) Living Centers Initiative (LCI) Streetscape Project (CSSTP-0006-00(984))(Tom Black, Director of Public Works)



SANDY SPRINGS CITY COUNCIL MEETING AGENDA APRIL 20, 2010

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4. Approval of the Intergovernmental Agreement (IGA) For the MARTA Funded Projects

Currently Programmed in the Transportation Improvement Plan (TIP)(Tom Black, Director of Public Works)

G) PRESENTATIONS

1. Proclamation for Arthur E. Katz

H) PUBLIC HEARINGS

(Agenda Item No. 10-094) 1. Public Hearing on Public/Private Partnerships

(Presented by City Manager, John McDonough)

(Invitation for Public Comment)

Rezonings

(Agenda Item No. 10-095) 2. RZ09-012/CV09-020 - 1120 Hope Road, Applicant: 1120 Hope Road, LLC , to Rezone the

subject property from O-I conditional to O-I to allow medical and adult day care use in the

existing building, with concurrent variances(Presented by Director of Community Development, Nancy Leathers)


(Agenda Item No. 10-096) 3. RZ10-001/CV10-001 - 5815 Mountain Creek Road, Applicant: Eugene and Mari Jo

Grace/Carol Jane Reynolds, To rezone the subject property from O-I (Office and Institutional

District) conditional to O-I (Office and Institutional District) conditional, with concurrent

variance(s), to initially allow a Group Residence with a future transition into a Personal Care

Home(Presented by Director of Community Development, Nancy Leathers)



4. RZ10-002/CV10-002 - 5790 & 5800 Mountain Creek Road, Applicant: Eugene and Mari Jo

Grace/Carol Jane Reynolds, To rezone the subject property from O-I (Office and Institutional

District) conditional to O-I (Office and Institutional District) conditional, with concurrent

variance(s), to initially allow a Group Residence with a future transition into a Personal Care

Home(Presented by Director of Community Development, Nancy Leathers)


Zoning Modifications




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5. ZM10-001 - 1349 & 1369 Spalding Drive, Applicant: Bill Long, to modify condition 3.f. of

petition U89-083 to allow vehicular connection from Spalding Dr. to the adjacent church

property to the south.(Presented by Director of Community Development, Nancy Leathers)


(Agenda Item No. 10-099) 6. ZM10-002 - 6690 Sunny Brook Lane, Applicant: SSC Abernathy, L.P., a Georgia Limited

Partnership , To modify condition 3.s. of petition Z86-200 to allow the main building closest

to the north & west property lines to operate from 5 a.m. to 11 p.m.(Presented by Director of Community Development, Nancy Leathers)


Text Amendments


7. TA10-001 - An Ordinance to Amend Article 12B, Sandy Springs Overlay District, of theSandy Springs Zoning Ordinance(Presented by Director of Community Development, Nancy Leathers)



8. TA10-002 - An Ordinance to Amend Article 33, Signs, of the Sandy Springs Zoning

Ordinance(Presented by Director of Community Development, Nancy Leathers)


Resolution and Ordinances


9. A Resolution to Amend the Local Roadway Functional Classification Map of the City of

Sandy Springs Transportation Master Plan(Presented by Director of Community Development, Nancy Leathers)


(Agenda Item No. 10-103) 10. A Promulgated Ordinance to Replace the Existing Erosion and Sedimentation Ordinance

Chapter 109, Article VI

(Presented by Director of Community Development, Nancy Leathers)





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11. To Amend Chapter 103, Article XIII Grading and Drainage, Section 103-105 - Erosion

Control, to include Minimum Standards for any Land Disturbance Activities Exempt from

Chapter 109, Article VI(Presented by Director of Community Development, Nancy Leathers)


(Agenda Item No. 10-105) 12. Application for Department of Community Affairs Opportunity Zone Program

(Presented by Community Development Block Grant Manager, Vann McNeill)


I) UNFINISHED BUSINESS (none at this time)

J) NEW BUSINESS


1. Intergovernmental Rental Agreement with the Board of Regents of the University System of Georgia, for the Georgia Institute of Technology’s Canoe/Kayak Club(Presented by Director of Recreation and Parks, Ronnie Young)


2. Consideration of Approval of the Intergovernmental Agreement (IGA) For the Partnership

between the Cities of Roswell and Sandy Springs to Design and Build a Pedestrian/Bicycle

Bridge across the Chattahoochee River(Presented by Director of Public Works, Tom Black)


3. Stream Buffer Variance for T-0026 Peachtree Dunwoody Road Intersection Improvement(Presented by Director of Public Works, Tom Black)


4. Policy Regarding Requests for Assistance from Non-profit Entities(Presented by Grant Administrator, Eden Freeman)

K) REPORTS AND PRESENTATIONS

a) Mayor and Council Reports

b) Staff Reports

L) PUBLIC COMMENT

M) EXECUTIVE SESSION (none at this time)


N) ADJOURNMENT



TO: John McDonough, City Manager

FROM: Thomas Black, Public Works Director

DATE: April 6, 2010, for Submission onto the Agenda of the April 20, 2010, City CouncilMeeting

ITEM: Approval of the Construction Bids for the PCID Peachtree Dunwoody (I-285 toAbernathy Road) Living Centers Initiative (LCI) Streetscape Project (CSSTP-0006-00(984))

Public Works Department’s Recommendation:

The staff recommends that the Mayor and City Council accept the construction bids for thestreetscape project located in the current Perimeter Community Improvement District (PCID)construction plans for the ongoing LCI project on Peachtree Dunwoody Road, lying and locatedin Land Lot 18 of the 17th District of Fulton County, Georgia. The project limits are from I-285north along Peachtree Dunwoody Road to Abernathy Road.

Background:

This PCID project is designed to construct sidewalks and ADA compliant ramps alongPeachtree Dunwoody Road. It will fill in gaps where no sidewalk currently exists. The projectwas advertised and two bids were received:

JJE Constructors, Inc. $1,694,059.11Butch Thompson Enterprises, Inc. $1,937,616.38

Discussion:

The Georgia Department of Transportation (GDOT) and the Atlanta Regional Commission(ARC) are currently reviewing the bids. If approved by ARC and GDOT, staff recommends thatMayor and City Council approve the award of the contract to JJE Constructors, Inc.

Alternatives:

The city can choose not to accept the bids and the project would have to be re-advertisedresulting in delay of the project and potential loss of construction funding.

Financial Impact:

None at this time as the project design was funded by PCID. The funding for the construction ofthis project is being supplied by the federal stimulus funds.



Attachments:

I. Attachment A – Bid OpeningII. Attachment B – JJE Bid InformationII. Resolution



RESOLUTION NO.

STATE OF GEORGIA

COUNTY OF FULTON

A RESOLUTION TO APPROVE THE CONSTRUCTION BID OF THE PEACHTREE DUNWOODY

ROAD STREETSCAPE PROJECT FROM I-285 TO ABERANTY ROAD (CSSTP-0006-00(984))

LOCATED IN LAND LOT 18 OF THE 17TH DISTRICT, CITY OF SANDY SPRINGS, FULTON

COUNTY, GEORGIA

WHEREAS, it is necessary, from time to time, to establish policies, procedures and guidelines consistent with

the administration of a municipal government consistent with the US Constitution, Federal Statutes, alignment

with Federal, Georgia’s State Constitution, and the Charter for the City of Sandy Springs, and

WHEREAS, the City Manager directed the Department of Public Works to develop standard policies for

recurring matters, to establish appropriate internal controls and legal compliance, and to provide for an

efficient and effective means to serve constituents; and

WHEREAS, the Department of Public Works, in response to the guidance provided by the City Manager, has

reviewed and approves the bid of the construction contract for a streetscape project sponsored by Fulton

Perimeter Center Improvement District (PCID) along Peachtree Dunwoody Road from I-285 to AbernathyRoad to JJE Constructors, Inc., and

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY

OF SANDY SPRINGS, GEORGIA

That they authorize the approval of a bid with the selected contractor, JJE Constructors, Inc., for the

construction of the Peachtree Dunwoody Road Streetscape Project (CSSTP-0006-00(984)), Sandy Springs,

Fulton County, Georgia.

RESOLVED this the 20th

day of April 2010.

Approved:

____________________________

Eva Galambos, Mayor

Attest:

_____________________________

Michael Casey, City Clerk

(Seal)






ITEM: Approval of the Intergovernmental Agreement (IGA) For the MARTA Funded ProjectsCurrently Programmed in the Transportation Improvement Plan (TIP)


The Staff recommends that the Mayor and City Council consent to the partnership agreement

between the City of Sandy Springs and MARTA and that the City Council authorize the Mayor tosign the Intergovernmental Agreement (IGA).

Background:

In September 2009, staff reported to Mayor and City Council a potential additional fundingsource for transit related transportation projects due to American Recovery and ReinvestmentAct (ARRA) funding from the Atlanta Regional Commission (ARC) to MARTA for operations. Inreturn for the ARC’s allocation of $25 million in Metropolitan Planning Organization (MPO)ARRA Flexible STP Highway Program Funds, MARTA has given program authority for $25million in MARTA capital funds. While these funds have no specific obligation deadline or othertiming restrictions, they are subject to other legal restrictions such as the MARTA Act of 1965 as

amended and the Rapid Transit Contract and Assistance Agreement (RTCAA) of 1971. Staffmet with ARC and MARTA staff on July 16, 2009 to discuss the potential funding. Theproposed breakdown of the $25 million at this meeting was based on sales tax generation andwas as follows:

North Fulton $6.25 million,South Fulton $2 million,City of Atlanta $8.5 million, andDeKalb County $8.25 million.

Discussion:

The $6.25 million allocation for North Fulton County was divided among the five northern citiesbased upon the match formula used in the North Fulton Comprehensive Transportation Plan(NFCTP) Memorandum of Agreement (MOA). The City of Sandy Springs will receiveapproximately 28% or $1.75 million for transit related projects.

The guidance given to staff in September resulted in the following project categories:

Transit sidewalk connectivity and safety upgrades ($1.2 million),Bus shelter replacements at 18 different locations ($360,000),



Illuminated overhead signage at rail stations ($25,000), andA midblock crossing at MARTA stop location along Roswell Road (SR 9) near LongIsland Drive ($150,000).

These project amounts were added to ARC’s Transportation Improvement Plan (TIP) byAdministrative Modification on March 5, 2010.

The City intends to enter into a project Intergovernmental Agreement (IGA) with MARTA toaccess the $1.74 million in funding and formalize the agreement between the two entities. Thedraft IGA is attached in Exhibit “A” as the Intergovernmental Agreement (IGA).

Alternatives:

If the City chooses not to execute an IGA with MARTA, there will be no formal frameworkbetween the entities to direct the completion of these projects, and the funding would likely bedivided among the remaining four North Fulton County cities.

Financial Impact:

This funding would not require any type of local match. Also, the funds could be used as a localmatch for a federally funded project if the project can be shown to have “nexus” to transit.

Attachments:

I. Resolution

II. Exhibit A – Intergovernmental Agreement

III. Exhibit B – Summary of projects

IV. Exhibit C – PCID requested project



RESOLUTION NO.

STATE OF GEORGIA

COUNTY OF FULTON

A RESOLUTION TO APPROVE AN INTERGOVERNMENTAL AGREEMENT (IGA)

BETWEEN THE CITY OF SANDY SPRINGS AND THE METROPOLITAN ATLANTA RAPID

TRANSIT AUTHORITY (MARTA) FOR THE EXECUTION OF TRANSIT RELATED

INFRASTRUCTURE PROJECTS

WHEREAS, it is necessary, from time to time, to establish policies, procedures and guidelines consistent

with the administration of a municipal government consistent with the US Constitution, Federal Statutes,

alignment with Federal, Georgia’s State Constitution, and the Charter for the City of Sandy Springs and

WHEREAS, by Resolution adopted, the City of Sandy Springs desires to enter into an Intergovernmental

Agreement (IGA) with the Metropolitan Atlanta Rapid Transit Authority (MARTA) to develop and

construct transit related infrastructure projects at various locations within the City.

WHEREAS, upon adoption of this Resolution, the City Sandy Springs’ Public Works Department staff

will manage all applicable phases of these projects.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE

CITY OF SANDY SPRINGS, GEORGIA

That they receive, accept, and affirm the authorization for the Mayor to execute an Intergovernmental

Agreement (IGA) with the Metropolitan Atlanta Rapid Transit Authority (MARTA) for the

implementation of these transit related transportation improvement projects, with funding provided by

MARTA.

RESOLVED this the 20th day of April 2010.

Approved:

____________________________

Eva Galambos, Mayor

Attest:

_____________________________


(Seal)



Draft for discussion purposes

03/12/10

ARC-MARTA OFFSET FUNDS

INTERGOVERNMENTAL AGREEMENT

THIS INTERGOVERNMENTAL AGREEMENT, (hereinafter referred to as“Agreement”) entered into as of the _____ day of ___________, 2009, by and

between the City of Sandy Springs, (hereinafter referred to as the “CITY”) and theMETROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY, (hereinafterreferred to as “MARTA” OR “the Authority”).

WITNESSETH THAT:

WHEREAS, by virtue of action taken by the Atlanta Regional Commission(ARC) whereby certain federal funds were transferred to the Authority and, inexchange, the Authority committed to fund qualifying projects contained in theTransportation Improvement Plan (TIP) from the Authority’s capital budget; and

WHEREAS, the City’s share of funding from the Authority for qualifyingprojects in the TIP is $1,750,469 ; and

WHEREAS, the City has identified the projects defined herein (“theProject”) for funding from the City’s share of funding in the amount of $1,750,469 ;

WHEREAS, the parties desire to define the responsibilities for the design,construction, implementation and payment of costs for the Project as set forthherein;

NOW THEREFORE, in consideration of the promises and the mutual

covenants and agreements hereinafter contained, the parties hereto agree asfollows:

1. Project Defined. The Project is defined as sidewalks, shelter and signageupgrades, and a raised median crosswalk improvements located at variouslocations in the City, as is more fully shown in the attached Exhibit A (drawing,diagram, etc.).

2. Duties of City. The City shall be responsible for all work and servicesrequired for the successful completion of the Project, including but not limited to:(a) the design of the Project, (b) the procurement of goods and services related to

the construction of the Project, (c) the management of the Project and allcontractors performing work thereon, (d) the inspection and final acceptance of the Project, and (e) all other acts and obligations consistent with the successfulcompletion of the Project.

3. Time of Performance. Work and services shall be undertaken and pursuedin such sequence as to assure their expeditious completion. All work and servicesrequired hereunder shall be completed on or before (need date). All invoices to



9. Status of Parties as Independent Contractors. Nothing contained in this Agreement shall be construed to constitute the City or any of its employees,servants, agents or subcontractors as a partner, employee, servant, or agent of the Authority, nor shall either party to this Agreement have any authority to bind the

other in any respect, it being intended that each shall remain an independentcontractor.

10. Assignability. Neither party shall assign or transfer all or any portion of its interest in this Agreement without the prior written approval of the otherparty.

11. Amendments. Either party may request changes in this Agreement.Except for termination for cause by the Authority, such changes, including any increase or decrease in the amount of the City’s reimbursement for the cost of theProject, shall be incorporated in written amendments to this Agreement.

12. Termination for Mutual Convenience. Either party may terminate this Agreement in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the furtherexpenditure of funds. The two parties shall, through formal Agreementamendment, agree upon the termination conditions, including the effective dateand, in the case of partial termination, the portion to be terminated. The City shall not incur new obligations from the date of termination. The Authority shallallow full credit to the City for non-cancelable obligations, properly incurred by the City prior to termination.

13. Termination of the Agreement for Cause. If through any cause, the City

shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or if the City has or shall violate any of the covenants, agreements,representations or stipulations of this Agreement, the Authority shall thereuponhave the right to terminate this Agreement by giving written notice to the City of such termination and specifying the effective date thereof, at least ten businessdays before the effective date of such termination. The City shall be entitled toreceive just and equitable compensation for costs incurred in the performance of the scope of service up to and including the effective date of termination asauthorized in Attachment “B”. Not withstanding the foregoing, to the extentprovided by law, the City shall not be relieved of liability to the Authority fordamages sustained by the Authority by virtue of any breach of this Agreement by

the City, and the Authority may withhold any payments to the City for thepurpose of set-off for damages caused by the City’s breach, until such time as theexact amount of damages to the Authority from the City is determined.

14. Applicable Law. This Agreement shall be deemed to have been executedand performed in the State of Georgia, and all questions of interpretation andconstruction shall be construed by the laws of such State.

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IN WITNESS WHEREOF, the City and the Authority have executed this Agreement as of the day first above written.

METROPOLITAN ATLANTA

RAPID TRANSIT AUTHORITY City of Sand y Spr ings, FultonCOUNTY, GEORGIA

By: _____________________ By: ___________________ BEVERLY A. SCOTT, Ph.D. Eva GalambosGeneral Manager /CEO Mayor

APPROVED A S TOSUBSTANCE:

_______________________

APPROVED A S TO FORM:

________________________ ______________________MIRIAM D. LANCASTER Chief of Corporate Law City Attorney MARTA City of Sandy Springs

Fulton County, Georgia

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Exhibit BCOMPENSATION AND METHOD OF PAYMENT

I. Compensation : The total cost of the Project as described in Exhibit A is

$1,750,469 . Compensation to the City shall not exceed the actual eligible costsincurred up to the total cost of the Project. In no event will the City’s totalreimbursement to be paid under this Agreement exceed the sum of $1,750,469 .

A breakdown of the reimbursement is shown in “Exhibit B-1”, Project Budget which is attached to and made a part of this Agreement for financial reporting,monitoring and audit purposes. Changes in the Project Budget shall be made inaccord with Paragraph 11 in the main body of the Agreement.

II. Method of Payment: The method of payment shall be as follows:

A. Periodic Reimbursement. The City shall be entitled to receiveperiodic reimbursement on the following basis. As of the last day of each monthduring the existence of this Agreement, the City shall submit to the Authority aninvoice for reimbursement documenting actual costs incurred during the invoiceperiod. As used herein, actual costs incurred shall include only eligible costsauthorized in the Project Budget.

Upon the basis of its audit and review of such invoice, the Authority will, at therequest of the City, make payments to the City as the work progresses but notmore often than once a month. Invoices shall be numbered consecutively andsubmitted each month until the Project is completed.

B. Final Payment. Final payment shall only be made upon determination by the Authority that all requirements hereunder have been completed, includingany audit requirements. Upon such determination and upon submittal of a finalinvoice, the Authority shall pay the final reimbursement due to the City.

The City’s final invoice must be received by MARTA no later than 60 days afterthe Project completion date specified in Paragraph 3 of the Agreement (or assubsequently amended).

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EXHIBIT B -1PROJECT BUDGET

[To be provided by MARTA]



Summary of MARTA Projects General Improvements:

‐ Upgrade all bus shelters in town center to decorative standard (up to 18 locations) ‐ $360,000

‐ Mid‐block crossing ‐ $150,000

o Install crosswalk with pedestrian signals

o Install overhead beacons that operate only when a pedestrian is detected

o Construct median pedestrian refuge

o One location on the following road:

Roswell Road near Long Island Drive

‐ Overhead illuminated directional signage for transit stations ‐ $25,000

Sidewalk upgrades: ($1.2 M) Allen

Road

‐ North side of road

o Provide access to MARTA stops on Lake Forest Dr and Roswell Rd

o Track marks through grass indicate heavy pedestrian traffic

Cliftwood Drive

‐ North side of road

o Currently from

Lake

Forrest

Dr

to

east

of

Sandy

Springs

circle

o Continue sidewalk east to Roswell Road

o Sidewalk on south side only from Lake Forrest Dr to Sandy Springs Circle

o Lake Forrest Elementary School is at intersection with Lake Forrest Dr



Dunwoody Place

‐ Consolidate bus stops 902645 and 906283 near Hope Rd

o Two northbound stops within 500 ft of each other

o Utility box damaged from waiting passengers using it as a seat

o Install bus shelter at new location between current stops

o Remove existing

stops

‐ Consolidate bus stops 902684 & 902685 near Hope Rd

o Two southbound stops within 450 feet of each other

o Relocate existing shelter to west side of intersection halfway between current stops

o Remove existing stop at Legacy Key exit gate

‐ West side south of Hope Rd

o Connect Hope Rd to Legacy Key exit (pedestrian gate)

o Will provide

access

to

potential

consolidated

bus

stop

(906284

&

906285)

o Wear marks through grass indicate heavy pedestrian traffic



‐ West side at Legacy Key entrance driveway (8800 Dunwoody Place)

o Connect driveway to MARTA stop

o Could continue to bus stop in front of QT

‐ Relocate bus stop 902745 near Roberts Dr

o Currently on

a peninsula

between

an

acceleration

and

deceleration

lane

o Bus forced to stop in through travel lane, obstructing traffic

o Relocate to acceleration lane in front of Coca‐Cola plant or

o Connect deceleration and acceleration lanes and move stop onto new shoulder

Glenridge Drive

‐ North side east of Roswell Rd

o Sidewalk begins east of post office just before a MARTA stop

o Continue sidewalk to post office



‐ South side of road west of The Willow

o Sidewalk ends west of The Willow

o Track marks

through

grass

indicate

heavy

pedestrian

traffic

o Connect MARTA bus stop to apartments to the west

‐ North side of road west of High Point Rd

o Gap in sidewalk between Julian Place (east of Colton Dr) and AT&T

o Provide access from Glenridge Pointe townhomes to bus stop east of AT&T

o Track marks

in

grass

show

signs

of

pedestrian

traffic

o Trees in ROW obstacle to sidewalk construction



‐ Between Abernathy Rd and Glenlake Parkway

o No existing sidewalk

o Sidewalk to be constructed between Glenridge Dr and Marsh Creek by developer

o Sidewalk improvements on Glenridge Dr north of Glenlake Pkwy by same developer

‐ Glenlake Parkway on east side of road

o Provide sidewalk from apartment complex to MARTA stop on other side of UPS

Hammond Drive

‐ East of

Glenridge

Dr

on

north

side

of

road

o Sidewalk stops just past Church entrance

o Connect Perimeter Ridge apartments to Glenridge Dr MARTA stop



‐ Westbound at the intersection of Barfield Rd

o Relocate existing bus stop from northeast to northwest corner

o Hammond Diamond Interchange project proposes crosswalk on west side of street only

o Connect Sheraton hotel driveway to relocated bus stop

‐ East of GA‐400 overpass across from Concourse Pkwy o Missing section of sidewalk leading to MARTA stop

‐ Install bus shelters at Peachtree‐Dunwoody Rd

o Intersection of bus routes 5, 87 and 105 with route 148

o Westbound stop currently has a bench

o Eastbound stop is only a sign

Hightower Trail

‐ Between Roswell Rd and Dunwoody Place

o Intermittent sidewalk

on

both

sides

o Sidewalk, if constructed on only one side, should be installed on the south side of the

road in order to avoid the more significant shoulder grading issues on the north side of

the road

o Post office located mid‐block

o Mix of offices, multi‐family residential, and single‐family residential land uses

Hope Road

‐ Between Dunwoody Place and Roswell Rd

o Missing sections of sidewalk

o Connect

existing

to

Dunwoody

Place

or

Roswell

Rd

MARTA

stops

o Construction of homes at Pearl Cove Ct could generate more MARTA use

o Tie in to sidewalks installed for Pearl Cove Ct construction



Johnson Ferry Road

‐ West of Meridian Mark on south side of road

o Dense medical office and hospital area

o Very narrow

sidewalk

o Uneven catch basins

o Not ADA compliant

Meridian Mark

‐ West side of road

o Sidewalk only from Glenridge Connector to Scottish Rite driveway

o Saw lady in wheelchair crossing midblock

o Install midblock pedestrian crosswalk or

o Continue sidewalk to Johnson Ferry Rd

o Dense medical

office

and

hospital

area

Mount Vernon Highway

‐ North side east of Peachtree‐Dunwoody Road

o Sidewalk ends midblock

o Extend sidewalk to provide access to Sandy Springs MARTA station



Northridge Rd

‐ South side north of Colquitt Rd

o Paths through grass indicate heavy pedestrian traffic

o Connect Colquitt Rd to Dunwoody Place at stop 902658

o Pedestrian route to change from bus route 328 to route 85 or 87

Northwood Drive

‐ South side of road

o Sidewalk ends east of Kingsport Dr and begins again west of Highland Circle Apartments

o Apartments along Northwood Dr large generator of traffic for MARTA

o Provide connectivity to Roswell Rd and Kingsport Dr (bus routes 5 and 148)

o Would need

to

remove

row

of

small

bushes

to

install

sidewalk



Peachtree‐Dunwoody Road

‐ North of Hunters Crossing Dr to W. Peachtree‐Dunwoody Rd on east side

o Sidewalk only on either side of Manorwood Ct

o Connect to existing sidewalk on Peachtree‐Dunwoody and W. Peachtree‐Dunwoody

o Extend sidewalk to Hunters Crossing Dr

o Townhouses and neighborhood are large traffic generator for N. Springs MARTA station

o Sharp curve and overgrown vegetation make walking in road hazardous

Roswell Road

‐ North of Glenridge Dr on east side

o Sidewalk only slightly north and south of Broad St

o Connect Round Hill Condominiums to sidewalk south of Broad St

o Will provide access to MARTA bus stop from Round Hill and Carriage Gate

PCID

requested

sidewalks

along

Abernathy

and

Glenlake

Parkway

and

signal

upgrade



EXHIBIT C



WHEREAS, Arthur E. Katz is a 2010 inductee of the United States Coast Guard Academy’s

Wall of Gallantry Hall of Heroes in New London, Conn., an honor that serves as a

reminder to Coast Guard Cadets and the public the scope of responsibilities and

sacrifice demanded of Coast Guard officers; and

WHEREAS, Arthur E. Katz is a graduate of the United States Coast Guard Academy, class of

1963 and achieved the rank of Lieutenant Junior Grade; and

WHEREAS, Arthur E. Katz served in Vietnam, where he was awarded the Bronze Star, and he

commanded the USCGC Point Cypress, Division Thirteen, Coast Guard Squadron

One; and

WHEREAS, Arthur E. Katz graduated from Rutgers University, where he received his masters

of Business Administration, and he later moved to Sandy Springs, where he’s been

a long-time resident and small business owner of MRI Network; and

WHEREAS, Arthur E. Katz is committed to volunteerism and community service and has been

the past president of Temple Emanu-El Synagogue in Sandy Springs and has also

been a board member of the Marcus Jewish Community Center in Atlanta; and

WHEREAS, Arthur E. Katz is a dedicated and loving husband of 46 years and is a father of three

daughters, a grandfather of seven grandchildren and a brother.

NOW, THEREFORE, I, Eva Galambos, by virtue of the authority vested in me as Mayor of the

City of Sandy Springs and on behalf of the City Council recognize Arthur E. Katz for being a

champion of patriotism, for protecting our freedom and for building a better America .

Given under my hand and the Seal of the City of Sandy Springs, Georgia, on this 20 th day of

April 2010.

Eva Galambos

Mayor



Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on April 20, 2010

DT 3.31.10 Page 1 of 21

Rezoning Petition No. RZ09-012/CV09-020

HEARING & MEETING DATES

Community Zoning

Information Meeting

Community Developer

Resolution Meeting

Planning Commission

Hearing

Mayor and City Council

Hearing

December 22, 2009 January 27, 2010 February 18, 2010March 16, 2010April 20, 2010

APPLICANT/PETITIONER INFORMATIONProperty Owners Petitioner Representative

1120 Hope Road, LLC 1120 Hope Road, LLC Laurel David, Esq.

PROPERTY INFORMATIONAddress, Land Lot,and District

1120 Hope RoadLand Lot 363, District 6

Council District 2

Frontage and Area365 feet of frontage along the north side of Hope Road. The subject property has atotal area of 2.533 acres (110,337.48 square feet).

Existing Zoning andUse

O-I (Office and Institutional District) conditional under zoning case Z86-107. Thesubject parcel is currently developed as an office property.

2027 ComprehensiveFuture Land UseMap Designation

Living-Working Neighborhood (LWN), Node 14: Roswell Road and DunwoodyPlace Intersection

Proposed Zoning O-I (Office and Institutional District) for 10,366 s.f. general office, 2,200 s.f. medicaloffice/clinic use, and 19,177 s.f. adult day care use in the existing building

INTENTTO REZONE FROM O-I (OFFICE AND INSTITUTIONAL DISTRICT) CONDITIONAL TO O-I

(OFFICE AND INSTITUTIONAL DISTRICT)

The applicant is requesting to rezone the subject property from O-I (Office and Institutional District)conditional to O-I (Office and Institutional District) to allow 10,366 s.f. general office, 2,200 s.f. medicaloffice/clinic use, and 19,177 s.f. adult day care use in the existing building. The existing zoning on theproperty allows general office use only.

Nine (9) concurrent variances are also being requested as follows:

1. Variance from Section 18.3.1.E of the Zoning Ordinance to allow existing parking to encroachfifteen (15) feet into the minimum forty (40) foot front yard,

2. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required twenty (20) footlandscape strip along the front property line to the extent necessary for the existing structure(s) tocomply in accordance with the site plan received by the Department of Community Developmenton December 4, 2009,

3. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required ten (10) footlandscape strip along the south side property line to a minimum of four (4) feet +/- to the extentnecessary for the existing structure(s) to comply in accordance with the site plan received by theDepartment of Community Development on December 4, 2009,



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4. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required ten (10) footimprovement setback along the north side property line to zero (0) feet to the extent necessary forthe existing structure(s) to comply in accordance with the site plan received by the Department ofCommunity Development on December 4, 2009,

5. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required twenty-five (25) footzoning buffer along the north side property line to a minimum of twenty (20) feet +/- to the extent

necessary for the existing structure(s) to comply in accordance with the site plan received by theDepartment of Community Development on December 4, 2009,

6. Variance from Section 4.23.2 of the Zoning Ordinance to delete the parking lot landscapingrequirements,

7. Variance from the Tree Conservation Ordinance, Administrative Standards, & Best ManagementPractices - Landscape Strips, Buffers, and Parking (F.1) to relieve the requirement of planting alarge shade tree every 6 parking spaces for all new parking lots,

8. Variance from Section 109-225.a 1 and 2 of the Stream Buffer Protection Ordinance to reduce the

seventy-five (75) foot buffer and setback requirements (50 foot undisturbed natural buffer and 25foot impervious surface setback) to a minimum of five (5) feet +/- to the extent necessary for theexisting structure(s) to comply in accordance with the site plan received by the Department ofCommunity Development on December 4, 2009, and

9. Variance from Section 18.2.1 of the Zoning Ordinance to reduce the required parking from 94spaces to 75 spaces. (WITHDRAWN BY APPLICANT).

DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION

RZ09-012 – APPROVAL CONDITIONALCV09-020 #1 – APPROVAL CONDITIONALCV09-020 #2 – APPROVAL CONDITIONALCV09-020 #3 – APPROVAL CONDITIONALCV09-020 #4 – APPROVAL CONDITIONALCV09-020 #5 – APPROVAL CONDITIONALCV09-020 #6 – APPROVAL CONDITIONALCV09-020 #7 – APPROVAL CONDITIONALCV09-020 #8 – APPROVAL CONDITIONAL

CV09-020 #9 - APPROVAL CONDITIONAL (WITHDRAWN BY APPLICANT)

PLANNING COMMISSION RECOMMENDATION

RZ09-012 – APPROVAL CONDITIONALCV09-020 #1 – APPROVAL CONDITIONALCV09-020 #2 – APPROVAL CONDITIONALCV09-020 #3 – APPROVAL CONDITIONALCV09-020 #4 – APPROVAL CONDITIONALCV09-020 #5 – APPROVAL CONDITIONALCV09-020 #6 – APPROVAL CONDITIONALCV09-020 #7 – APPROVAL CONDITIONALCV09-020 #8 – APPROVAL CONDITIONAL

CV09-020 #9 – APPROVAL CONDITIONAL (WITHDRAWN BY APPLICANT)



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The petition was heard at the February 18, 2010 Planning Commission meeting . The Commissionrecommended approval subject to staff conditions. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, andRubenstein for; Duncan not voting; Tart abstaining).

MAYOR AND CITY COUNCIL

March 16, 2010 Hearing: The petition was deferred to the April 20, 2010 City Council hearing to allow theapplicant time to provide additional and/or revised information regarding a detailed analysis of parkingneeds as they relate to the proposed uses.

APPLICANT RESPONSE Following the April 20th hearing, the applicant withdrew the variance request for relief from Section 18.2.1 ofthe Zoning Ordinance to reduce the required parking. As an alternative, the applicant has proposed a revisedsquare footage calculation for each use proposed to arrive at a parking calculation which can be met.

Use Original Request Required Parking Revised Request Required ParkingGeneral Office 10,366 s.f.

94

10,366 s.f.

75Medical Office/Clinic 10,366 s.f. 2,200 s.f.Adult Day Care 11,011 s.f. 19,177 s.f.

Location Map



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BACKGROUNDThe subject property is located approximately 800 feet from the intersection of Hope Roadand Roswell Road, on the west side of Hope Road. The property is zoned O-I (Office andInstitutional District) conditional under zoning case Z86-107. The property is currentlydeveloped with an office building.

Under Z86-107, the subject property is conditioned to the Office and accessory uses at amaximum density of 15,385 square feet of gross floor area per acre zoned or a total gross floor

area of 40,000 square feet, whichever is less.

Please note the following:

Existing

• The total heated s.f. of the existing office is 20,732.

• There is 11,011 s.f. of unheated area in the basement that currently contains 13 parkingspaces.

•

The total amount of existing parking spaces is 65 (52 un-covered parking spaces plus13 spaces in the basement).

• 20,732 s.f. of office parked at 3 spaces/1000 s.f. requires 62 spaces.

Proposed

• Convert the basement to heated space for a grand total of 31,743 s.f. of heated space.This conversion would eliminate the 13 parking spaces in the basement.

• The proposed parking would be as follows: 52 existing un-covered parking spaces, 21

un-striped spaces at the back of the building, and 2 additional un-striped spaces infront of the garage door. The total amount of proposed parking spaces is 75.

• The total amount of proposed parking (75 spaces) is 10 more spaces than the currentlyexisting 65.



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EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY

SUBJECTPETITION

RZ09-012/CV09-

020

RequestedZoning

Proposed UseLandArea

(Acres)

SquareFootage

Density (SquareFootage per Acre)

O-I

General Office,Medical Office,and Adult Day

Care

2.533 31,743 S.F.12,531.78S.F./Acre

Location inrelation to

subjectproperty

Zoning UseLandArea

(Acres)

SquareFootage

orNumberof Units

Density (SquareFeet or Units Per

Acre)

NorthTR

Conditional

Z97-148

Single-FamilySubdivision

(Hope Trace)

2.30 10 Units 4.35 Units/Acre

EastTR

ConditionalZ83-027

Townhomes(Hope Mews)

4.20 36 Units 8.57 Units/Acre

South

C-1

ConditionalZ81-132

Commercial @1110 Hope Road 1.44 2,688 S.F. 1,867 S.F./Acre

WestC-2

ConditionalZ81-106

Commercial @8607 Roswell

Road1.49 14,000 S.F. 9,400 S.F./Acre

WestC-2

ConditionalZ94-021


Road0.91 11,811 S.F. 12,979 S.F./Acre

WestC-2

ConditionalZ74-017


Road1.12 4,250 S.F. 3,794.6 S.F./Acre



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Zoning Map



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Future Land Use Map



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Subject Property North of Subject Property (Hope Trace Subdivision)

East of Subject Property (Hope Mews Subdivision)South of Subject Property (Office)



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West of the Subject Property (Commercial) West of the Subject Property (Commercial)

Sign



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SITE PLAN ANALYSIS

The site plan submitted shows an existing office building, having a basement, and existing parking. A streamis located along the rear northwest property line.

PARKING AND TRAFFIC IMPACT ANALYSISSection 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces for thefollowing uses: General Office, Medical Office/Clinic, and Day Care. Based on the aforementioned proposed

uses, the required parking is 75 spaces calculated as follows:

• 2,200 s.f. Medical Office/Clinic (4 spaces/1000 s.f.)= 8.800 spaces

• 10,366 s.f. General Office (3 spaces/1000 s.f.)= 31.098 spaces

• 19,177 s.f. [Adult] Day Care (1.7 spaces/1000 s.f.)= 32.601 spaces (plus 1 spaces for every 4 employees)=3 spaces

The applicant is providing 75 spaces.

Please note the following:

Existing

• There is 11,011 s.f. of unheated area in the basement that currently contains 13 parking spaces.

• The total amount of existing parking spaces is 65 (52 un-covered parking spaces plus 13 spaces in thebasement).

• 20,732 s.f. of office parked at 3 spaces/1000 s.f. requires 62 spaces.

Proposed

• Convert the basement to heated space for a grand total of 31,743 s.f. of heated space. This conversionwould eliminate the 13 parking spaces in the basement.

• The proposed parking would be as follows: 52 existing un-covered parking spaces, 21 un-stripedspaces at the back of the building, and 2 additional un-striped spaces in front of the garage door. Thetotal amount of proposed parking spaces is 75.

• The total amount of proposed parking (75 spaces) is 9 more spaces than the currently existing 65.

LANDSCAPE PLAN ANALYSISThe applicant has provided Open and Green Space calculations as follows:

• 21,494 square feet of Green Space (19.48 %)

• 27,561 square feet of perimeter setbacks and landscape strips (24.98 %)

• 12,151 square feet of sidewalk and landscape islands (11.01 %)



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ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis Report is sufficient and satisfies the requirements of the Sandy SpringsZoning Ordinance. The reporting on all items of the analysis stated either positive, minimal, or noenvironmental issues, with the exception of the following: a stream is located along the rear northwestproperty line and slopes exceeding twenty-five percent (25%). The report, in its entirety, is within the case fileas a matter of record.

DEPARTMENT COMMENTS

The staff held a Focus Meeting on January 6, 2010 at which the following departmental comments wereprovided:

B U I L D I N G & D E V E L O P M E N T D

I V I S I O N Sandy Springs

Building Officer

The proposed day care portion of 1120 Hope Rd. will be an Adult DayCare Occupancy under the 2000 Life Safety Code and would berequired to comply with Section 16 of that code. Some, but not all of therequirements would be separation from other occupancies with a onehour fire barrier, a fire alarm system, and special means of egress fromclient occupied rooms. The location of the space in the building will belimited by the construction type of the building and whether or not it is

sprinkled.

Sandy Springs ADACompliance Officer

Any work being performed on the structure located at 1120 Hope Roadwill need to comply with the code standards adopted by the City ofSandy Springs as stated in Article II Building Codes, Section 105-19 andArticle II Fire Prevention Code Section 22-26.

This structure will be required to comply with section 120-20-3-.11 ofthe “Georgia Accessibility Code”. Section 120-20-3-.11(k) (i) requires anelevator in this application. Furthermore, compliance with allapplicable sections of the Georgia Accessibility Code will be required.

Sandy Springs

Development PlanReview Engineer

Any permit applications involving site development shall comply withapplicable stormwater management, and erosion control ordinances.

Sandy SpringsLandscapeArchitect/Arborist

There are no landscape and stream requirements that need to beaddressed at this time.

F I R E

D E P T .

Sandy Springs FireProtection Engineer

There are no Fire Department requirements that need to be addressed atthis time.

T R A N S P O R T

A T I O N

Sandy SpringsTransportationPlanner

Right-of-Way dedication: 30’ from the centerline of Hope Road.

Georgia Departmentof Transportation

There are no GDOT requirements that need to be addressed at this time.

The staff has not received any additional comments from the Fulton County Board of Education.



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PUBLIC INVOLVEMENT Required MeetingsThe applicant attended the following required meetings:

− Community Zoning Information Meeting held December 22, 2009 at the Sandy Springs City Hall

− Community/Developer Resolution Meeting held January 27, 2010 at the Sandy Springs City Hall

Public Comments (no attached letters)

Community input includes the following:

• Concerns over tree canopy and the water quality of the stream.

Notice RequirementsThe petition was advertised in the Daily Report on February 11, 2010 and February 25, 2010. The applicantposted a sign issued by the Department of Community Development along the frontage of Hope Road on January 8, 2010.

Public Participation Plan and Report

The applicant will meet the Public Participation Plan requirements. The applicant will be required to submitthe Public Participation Report seven (7) days prior to the Mayor and City Council Hearing on March 16,2010. The Public Participation Report must be submitted on or before March 9, 2010.

ZONING IMPACT ANALYSIS

Per Article 28.4.1, Zoning Impact Analysis by the Planning Commission and the Department, the staff shall make awritten record of its investigation and recommendation on each rezoning petition with respect to thefollowing factors:

A. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and

nearby property.

Finding: The staff is of the opinion that the proposed use is suitable in view of the use and developmentof adjacent and nearby property. The surrounding area consists of a single-family subdivisionto the north, townhomes to the east, commercial development to the south, and commercialdevelopments to the west. The proposal allows for a proper transition between these areas.

B. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.

Finding: The staff is of the opinion that the proposal will not have an adverse impact on the use orusability of adjacent or nearby property.

C.

Whether the property to be affected by the zoning proposal may have reasonable economic use as currently zoned.

Finding: The staff is of the opinion that the subject property has a reasonable economic use as currentlyzoned.

D. Whether the zoning proposal will result in a use which will or could cause an excessive burdensome use of existingstreets, transportation facilities, utilities, or schools.

Finding: The staff is of the opinion that the proposal will not result in a use which will cause anexcessive or burdensome use of the existing infrastructure.



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E. Whether the zoning proposal is in conformity with the policies and intent of the land use plan.

Finding: The staff is of the opinion that the proposed use is consistent with the Future Land Use Map,which designates the property as Living-Working Neighborhood (LWN). The applicant isproposing to allow for a use consistent with O-I zoning. The site plan provided by theapplicant indicates the proposed density for the subject parcel is 12,531.78 square feet per acreand indicates the total Open Space provided as follows:

•

21,494 square feet of Green Space (19.48 %)• 27,561 square feet of perimeter setbacks and landscape strips (24.98 %)

• 12,151 square feet of sidewalk and landscape islands (11.01 %)

The subject site is located in Living Working Node 14: Roswell Road and Dunwoody PlaceIntersection. The vision, guidelines, and policies of Node 14 is as follows:

• The majority of the existing development in the area is characterized by largelydisjointed commercial and multi family residential development.

• A mix of commercial, office and residential uses at a substantial density should be

allowed to encourage redevelopment and to support the market of the northern portionof the City.

• Consolidation of properties and the collective redevelopment of multiple propertiesshould be encouraged in the area to perpetuate economic vitality, increased greenspace, and an improved transportation system.

• Residential density should be above 20 units per acre. Commercial and office densitiesshould be above 25,000 square feet per acre. Building heights should be limited to 15stories in this area. At least 30% of a site shall be maintained as open space. To furtherdefine this requirement, a minimum of 25% shall be green space, with the remaining5% designated as open or green space.

• Automobile oriented business shall be discouraged in this area.

•

An ability to achieve maximum densities should be supported by the assemblage ofsmaller properties, elimination or consolidation of curb cuts, providing interparcelaccess, and meeting or exceeding recommended open and green space standards.

The LWN land use designation recommends: a 30,000 square foot/tenant limitation. Theproposal lends itself to the overall intent of the LWN designated areas that are intended forlower density mixed land uses (residential and commercial) intended to serve a group ofadjacent neighborhoods and to be compatible with lower density residential neighborhoods .

F. Whether there are other existing or changing conditions affecting the use and development of the property which givesupporting grounds for either approval or disapproval of the zoning proposal.

Finding: The staff is of the opinion that there are no existing or changing conditions affecting the useand development of the property, which give supporting grounds for approval or denial of theapplicant’s proposal.

G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the naturalresources, environment and citizens of Sandy Springs.

Finding: The staff is of the opinion that the proposal will not permit a use which could be consideredenvironmentally adverse to the natural resources, environment, or citizens of Sandy Springs.



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VARIANCE CONSIDERATIONS

Article 22 of the Zoning Ordinance indicates the following are considerations in granting variances, of whichonly one has to be proven:

A. Relief, if granted, would be in harmony with, or, could be made to be in harmony with, the general purpose andintent of the Zoning Ordinance; or,

B. The application of the particular provision of the Zoning Ordinance to a particular piece of property, due toextraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography,would create an unnecessary hardship for the owner while causing no detriment to the public; or,

C. Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimumletter size, square footage and height requirements cannot be read from an adjoining public road.

The applicant is requesting nine (9) concurrent variances as follows:

1. Variance from Section 18.3.1.E of the Zoning Ordinance to allow existing parking to encroach fifteen(15) feet into the minimum forty (40) foot front yard.

The applicant has indicated this variance will not result in any harm to the health and safety of thegeneral public and that application of the requirement would place a hardship on the applicant. Theapplicant has indicated that this variance is in harmony with the area and in harmony with the generalpurpose and intent of the Zoning Ordinance.

The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the parking spaces are existing and sufficiently buffered.Therefore, based on these reasons, the staff recommends APPROVAL of the variance to allow existing parking toencroach fifteen (15) feet into the minimum forty (40) foot front yard.

2. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required twenty (20) footlandscape strip along the front property line to the extent necessary for the existing structure(s) tocomply in accordance with the site plan received by the Department of Community Development onDecember 4, 2009.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the

proposal will not pose a detriment to the public because the structure(s) are existing and sufficiently bufferedTherefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the requiredtwenty (20) foot landscape strip along the front property line to the extent necessary for the existing structure(s)to comply in accordance with the site plan received by the Department of Community Development on December4, 2009.

3. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required ten (10) foot landscape

strip along the south side property line to a minimum of four (4) feet +/- to the extent necessary for the



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existing structure(s) to comply in accordance with the site plan received by the Department of

Community Development on December 4, 2009.

The applicant has indicated this variance will not result in any harm to the health and safety of thegeneral public and that application of the requirement would place a hardship on the applicant. Theapplicant has indicated that this variance is in harmony with the area and in harmony with the generapurpose and intent of the Zoning Ordinance.

The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the structure(s) are existing and sufficiently bufferedTherefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the required ten(10) foot landscape strip along the south side property line to a minimum of four (4) feet +/- to the extentnecessary for the existing structure(s) to comply in accordance with the site plan received by the Department ofCommunity Development on December 4, 2009.

4. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required ten (10) foot improvemen

setback along the north side property line to zero (0) feet to the extent necessary for the existing

structure(s) to comply in accordance with the site plan received by the Department of CommunityDevelopment on December 4, 2009.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the structure(s) are existing and sufficiently bufferedTherefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the required ten(10) foot improvement setback along the north side property line to zero (0) feet to the extent necessary for theexisting structure(s) to comply in accordance with the site plan received by the Department of CommunityDevelopment on December 4, 2009.

5. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required twenty-five (25) foot

zoning buffer along the north side property line to a minimum of twenty (20) feet +/- to the extentnecessary for the existing structure(s) to comply in accordance with the site plan received by the

Department of Community Development on December 4, 2009.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the structure(s) are existing and sufficiently bufferedTherefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the requiredtwenty-five (25) foot zoning buffer along the north side property line to a minimum of twenty (20) feet +/- to theextent necessary for the existing structure(s) to comply in accordance with the site plan received by theDepartment of Community Development on December 4, 2009.



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6. Variance from Section 4.23.2 of the Zoning Ordinance to delete the parking lot landscaping

requirements.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the existing and proposed parking is surrounded bysignificant existing vegetation that would serve the intent of the required parking lot shade trees. Thereforebased on these reasons, the staff recommends APPROVAL of the variance to delete the parking lot landscapingrequirements.

7. Variance from the Tree Conservation Ordinance, Administrative Standards, & Best Management

Practices - Landscape Strips, Buffers, and Parking (F.1) to relieve the requirement of planting a largeshade tree every 6 parking spaces for all new parking lots.

The applicant has indicated this variance will not result in any harm to the health and safety of the

general public and that application of the requirement would place a hardship on the applicant. Theapplicant has indicated that this variance is in harmony with the area and in harmony with the generapurpose and intent of the Zoning Ordinance.

The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the

proposal will not pose a detriment to the public because the existing and proposed parking is surrounded by

significant existing vegetation that would serve the intent of the required parking lot shade trees.

Therefore, based on these reasons, the staff recommends APPROVAL of the variance to relieve the requiremen

of planting a large shade tree every 6 parking spaces for all new parking lots.

8. Variance from Section 109-225.a 1 and 2 of the Stream Buffer Protection Ordinance to reduce the

seventy-five (75) foot buffer and setback requirements (50 foot undisturbed natural buffer and 25 footimpervious surface setback) to a minimum of five (5) feet +/- to the extent necessary for the existing

structure(s) to comply in accordance with the site plan received by the Department of Community

Development on December 4, 2009.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because no land disturbance is proposed that would negativelyimpact the stream, and the structure(s) that encroach are existing. The drainage on the subject property primarily goes through two existing flumes and into a detention/retention area located at the northern corner ofthe property. Therefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce theseventy-five (75) foot buffer and setback requirements (50 foot undisturbed natural buffer and 25 foot impervioussurface setback) to a minimum of five (5) feet +/- to the extent necessary for the existing structure(s) to comply inaccordance with the site plan received by the Department of Community Development on December 4, 2009.



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9. Variance from Section 18.2.1 of the Zoning Ordinance to reduce the required parking from 94 spaces to

75 spaces. (WITHDRAWN BY APPLICANT).


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the applicant intends to utilize the quantity of parkingspaces that currently serve the subject property and the proposed uses, as described, would not create a negative parking situation and would not be more burdensome than how the current parking serves the existing office use.

Therefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the required

parking from 94 spaces to 75 spaces.



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CONCLUSION TO FINDINGS

It is the opinion of the staff that the proposal is in conformity with the intent of the Comprehensive Plan

Policies and the Future Land Use Map, as the proposal involves a use and density that is consistent withabutting and nearby properties. Therefore, based on these reasons, the staff recommends APPROVALCONDITIONAL of this petition. The staff also recommends APPROVAL of the associated concurrentvariances numbered 1 through 8.



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STAFF RECOMMENDED CONDITIONS

Should the Mayor and City Council decide to approve the petition to rezone the subject property from O-I(Office and Institutional District) conditional to O-I (Office and Institutional District) conditional, withconcurrent variances, to allow general office, medical office/clinic, and day care uses in the existing buildingthe staff recommends the approval be subject to the following conditions. The applicant’s agreement to theseconditions would not change staff recommendations. These conditions shall prevail unless otherwisestipulated by the Mayor and City Council.

1. To the owner’s agreement to restrict the use of the subject property as follows:

a. To General Office, Medical Office/Clinic, and Day Care Facility uses and associated accessoryuses limited to the following gross square footages:

• 10,366 gross square feet of General Office

• 2,200 gross square feet of Medical Office/Clinic

• 19,177 gross square feet of Day Care Facility

b. To a 31,743 square foot building developed at a density of 12,531.78 square feet per acre.

c. The above condition 1.a. shall not prevent the existing 20,732 gross square foot building frombeing used for General Office as long as 62 spaces are provided and/or used for MedicalOffice/Clinic as long as 83 parking spaces are provided.

d. The above condition 1.b. may be amended to add an elevator to exterior of the subject buildingwhen required by the Americans with Disabilities Act and the Georgia Accessibility Code.

e. To limit the height of the building to no more than two (2) stories.

2. To the owner’s agreement to abide by the following:

a. To the site plan received by the Department of Community Development on December 4, 2009.Said site plan is conceptual only and must meet or exceed the requirements of the ZoningOrdinance to include the regulations for the design of off-street parking spaces, theDevelopment Standards contained therein, and these conditions prior to the approval of a LandDisturbance Permit. The applicant shall be required to complete the concept review procedureprior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliancewith all conditions shall be in place prior to the issuance of a Certificate of Occupancy.

b. The above condition 2.a. may be amended to add an elevator to exterior of the subject buildingwhen required by the Americans with Disabilities Act and the Georgia Accessibility Code.

3. To the owner’s agreement to provide the following site development standards:

a. Variance from Section 18.3.1.E of the Zoning Ordinance to allow existing parking to encroachfifteen (15) feet into the minimum forty (40) foot front yard (CV09-020).

b. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required twenty (20) footlandscape strip along the front property line to the extent necessary for the existing structure(s)to comply in accordance with the site plan received by the Department of CommunityDevelopment on December 4, 2009 (CV09-020).



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c. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required ten (10) footlandscape strip along the south side property line to a minimum of four (4) feet +/- to the extentnecessary for the existing structure(s) to comply in accordance with the site plan received by theDepartment of Community Development on December 4, 2009 (CV09-020).

d. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required ten (10) footimprovement setback along the north side property line to zero (0) feet to the extent necessary

for the existing structure(s) to comply in accordance with the site plan received by theDepartment of Community Development on December 4, 2009 (CV09-020).

e. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required twenty-five (25)foot zoning buffer along the north side property line to a minimum of twenty (20) feet +/- to theextent necessary for the existing structure(s) to comply in accordance with the site plan receivedby the Department of Community Development on December 4, 2009 (CV09-020).

f. Variance from Section 4.23.2 of the Zoning Ordinance to delete the parking lot landscapingrequirements (CV09-020).

g. Variance from the Tree Conservation Ordinance, Administrative Standards, & BestManagement Practices - Landscape Strips, Buffers, and Parking (F.1) to relieve the requirementof planting a large shade tree every 6 parking spaces for all new parking lots (CV09-020).

h. Variance from Section 109-225.a 1 and 2 of the Stream Buffer Protection Ordinance to reduce theseventy-five (75) foot buffer and setback requirements (50 foot undisturbed natural buffer and25 foot impervious surface setback) to a minimum of five (5) feet +/- to the extent necessary forthe existing structure(s) to comply in accordance with the site plan received by the Departmentof Community Development on December 4, 2009 (CV09-020).

i. Any exterior illumination on the site shall not exceed 1.2 footcandles on any property line

adjacent to a residential use or zoning district, nor will the light source be directly visible fromadjoining properties.

j. The owner/developer shall dedicate thirty (30) feet of right-of-way from centerline of HopeRoad along the entire property frontage or ten and one-half (10.5) feet from back of curb,whichever is greater, to the City of Sandy Springs.



RZ09-012/CV09-02


DT 3.31.10 Page 21 of 21

Attachments

Site Plan dated received December 4, 2009Letter of Intent dated received January 21, 2010Applicant Zoning Impact Analysis dated received December 4, 2009Letter Fulton County Dept. of Health and Wellness received January 7, 2010

Letter City of Atlanta, Bureau of Drinking Water dated received February 3, 2010Green and Open Space Calculation letter dated received January 15, 2010Letter of opposition dated received February 17, 2010Power Point Presentation Copies received March 4, 2010Owner Letter dated received March 16, 2010ADA Compliance memo dated March 16, 2010




DT 3.31.10 Page 1 of 20



Community Zoning Information Meeting

Design ReviewBoard Meeting

Community DeveloperResolution Meeting

Planning

CommissionHearing

Mayor and CitCouncil Hearin

January 26, 2010 January 26, 2010 February 25, 2010 March 18, 2010 April 20, 2010


Eugene and Mari Jo Grace Carol Jane Reynolds Nathan V. Hendricks III


5815 Mountain Creek RoadLand Lot 70, District 17

Council District 5

Frontage and Area100 feet of frontage along the northeast side of Mountain Creek Road. The subject

property has a total area of approximately 0.52 acres (22,424 sq.ft.). Existing Zoning andUse

O-I (Office and Institutional District) conditional under zoning case Z88-085. The properis developed with an office.

Overlay District Urban District


LWN (Living-Working Neighborhood), Node 7: Roswell Road and I-285 (Downtown)

Proposed Zoning O-I (Office and Institutional District)

INTENTTO REZONE THE SUBJECT PROPERTY FROM O-I (OFFICE AND INSTITUTIONAL DISTRICT)

CONDITIONAL TO O-I (OFFICE AND INSTITUTIONAL DISTRICT) CONDITIONAL, WITHCONCURRENT VARIANCE(S), TO INITIALLY ALLOW A GROUP RESIDENCE WITH A FUTURETRANSITION INTO A PERSONAL CARE HOME.

The subject property is zoned O-I (Office and Institutional District) under zoning case Z88-085 and conditioned office use within the existing structure.

The applicant is requesting to rezone the subject property from O-I (Office and Institutional District) conditional O-I (Office and Institutional District) conditional to initially allow a Group Residence with a future transition ina Personal Care Home. The applicant states that the residence contains five bedrooms and three bathrooms, anthe intent is to house up to eight occupants. The occupants will be completely ambulatory and will developmentally disabled. The applicant intends to make improvements/renovations to the existing building thinclude enclosing the existing carport into heated floor area used for common dining.

A Group Residence is defined in the City Zoning Ordinance as:

• A state licensed 24-hour residential facility functioning as a single housekeeping unit for the sheltered caof persons with special needs which, in addition to providing food and shelter, may also provide somcombination of personal care, social or counseling services and transportation. Bedroom suites shall ninclude kitchen facilities. For purposes of this Ordinance, group residence/shelter shall not include thofacilities which exclusively care for children under the age of 17.



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DT 3.31.10 Page 2 of 20

A Personal Care Home is defined in the City Zoning Ordinance as:

• A state licensed use in which domiciliary care is provided to adults who are provided with food, sheltand personal services. This use shall not include hospitals, convalescent centers, nursing homes, hospicclinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

The State of Georgia defines a Personal Care Home as:

• A single home, building or group of buildings where personal services (help with the essential activities daily living to include assistance with eating, bathing, grooming, dressing, toileting, and supervision medications) are provided to two or more adults not related to the owner or administrator by blood marriage.

NOTE: Under Chapter 111-8-62 of the State of Georgia Healthcare Facility Regulations for Personal Care HomeGroup Residences are exempted from the regulations as follows:

• Group Residences organized by or for persons who choose to live independently or who manage theown care and share the cost of services including but not limited to attendant care, transportation, renutilities, and food preparation.

Additionally, the applicant is requesting three (3) concurrent variances as follows:

1. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s), ZoninBuffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) to comply accordance with the site plan received by the Department of Community Development on March 31, 201and

2. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s), ZoninBuffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weathsurface/Driveway/Parking to comply in accordance with the site plan received by the Department Community Development on March 31, 2010, and

3. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foot minimuinterior side setback(s) to the extent necessary for the existing structure(s) to comply in accordance with thsite plan received by the Department of Community Development on March 31, 2010.



RZ10-001


DT 3.31.10 Page 3 of 20


RZ10-001 – APPROVAL CONDITIONAL

CV10-001 #1 – APPROVAL CONDITIONALCV10-001 #2 – APPROVAL CONDITIONALCV10-001 #3 – APPROVAL CONDITIONAL

DESIGN REVIEW BOARD ENDORSEMENT

RZ10-001 – APPROVEDCV10-001 #1 – APPROVED

CV10-001 #2 – APPROVEDCV10-001 #3 – APPROVED

Approved (5-0), Porter, Landeck, Richard, Westmoreland and Mobley for; Gregory Absent; Lichtenstein notvoting.


RZ10-001 – APPROVAL CONDITIONALCV10-001 #1 – APPROVAL CONDITIONALCV10-001 #2 – APPROVAL CONDITIONAL

CV10-001 #3 – APPROVAL CONDITIONAL

The petition was heard at the March 18, 2010 Planning Commission meeting . The Commission recommendedapproval subject to staff conditions and with concern over the residence's ability to properly house up to 8 peoplApproved (4-0, Maziar, Pond, Rubenstein, and Tart for; Duncan not voting; Thatcher and Rupnow absent).



RZ10-001


DT 3.31.10 Page 4 of 20

Location Map



RZ10-001


DT 3.31.10 Page 5 of 20

BACKGROUNDThe site is located on the northeast side of Mountain Creek Road, approximately 60 feet south of theintersection of Carpenter Drive and Mountain Creek Road. The property is zoned O-I (Office andInstitutional District) under zoning case Z88-085 and conditioned to office use within the existingstructure. The subject property is located within the Urban District of the Sandy Springs OverlayDistrict.EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY

SUBJECTPETITIONRZ09-009/ CV09-018

RequestedZoning

Proposed UseLand Area

(Acres)

Square

Footage orNumber of

Units

Density(Square Feet orUnits per Acre)

O-I Personal Care Home 0.522,721.255 sf

(with enclosedcarport)

5,233.18 sf/acre


subject

property

Zoning UseLand Area

(Acres)

SquareFootage orNumber of

Units

Density(Square Feet orUnits Per Acre)

Northwest R-3Residence @ 5825

Mountain Creek Rd.0.49 1 unit 2.04 units/acre

Northeast R-3 Vacant Land 2.91 _____ _____

Southeast R-3Residence @ 5805


Southwest R-3Residence @ 5810


SouthwestC-1

conditionalRZ07-011

2nd Church of Christ.Scientist @ 347Carpenter Dr.

0.44 3,242 sf 7,418.76 sf/acre



RZ10-001


DT 3.31.10 Page 6 of 20

Zoning Map



RZ10-001


DT 3.31.10 Page 7 of 20

Future Land Use Map



RZ10-001


DT 3.31.10 Page 8 of 20

Subject PropertyNext door (northwest of the subject property) 5825

Mountain Creek Rd.

Next door (southeast of the subject property) 5805Mountain Creek Rd.

Across the street (southwest of the subject property)5810 Mountain Creek Rd. & 347 Carpenter Dr.



RZ10-001


DT 3.31.10 Page 10 of 20

SITE PLAN ANALYSIS The submitted site plan shows the subject property to be rectangular, wooded, and sloping down toward thenorthern corner. The site plan also indicates the following:

• Total site area of 22,424 square feet (100%)

• 1,434 square feet of existing building (6.39%)

• Carport area of 412.76 square feet (1.84%)

• Lower Level of 875 square feet (3.90%)

• 3 parking spaces (750 square feet or 3.34%)

• Total impervious surface of 5,770 square feet (25.73%)

• 16,874 square feet of undeveloped and/or open space (75.61%)PARKING IMPACT ANALYSISSection 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces for HealthCare Facilities as follows:

• One space for every four (4) beds, and

• One space for every three (3) employeesThe proposed Personal Care Home would have no more than eight (8) beds plus one (1) employee whichwould require three (3) parking spaces. The applicant has provided three (3) spaces.LANDSCAPE PLAN ANALYSIS

The site plan shows the subject property to be wooded and indicates 16,874 (75.61%) square feet of

undeveloped and/or open space. Additionally, the applicant will install the required landscaping as requiredby the Urban Overlay District.

ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis Report is sufficient and satisfies the requirements of the Sandy SpringsZoning Ordinance. The reporting on all items of the analysis stated either positive, minimal, or noenvironmental issues. The report, in its entirety, is within the case file as a matter of record.



RZ10-001


DT 3.31.10 Page 11 of 20

DEPARTMENT COMMENTS

The staff held a Focus Meeting on February 3, 2010 at which the following departmental comments wereprovided:

B U I L D I N G

& D E V E L O P M E N T D I V I S I O

N

Sandy SpringsBuilding Officer

If the buildings at 5815, 5790, and 5800 Mountain Creek Road arecurrently used as business offices and are changed to a Residential

Board and Care or Day Care occupancy, Section 4.6.11 of the 2000 LifeSafety Code would require that they be brought into compliance withall of the 2006 ICC codes, the Georgia Accessibility Code, and the 2000Life Safety Code. The occupant load factor would be 200 s.f. per personfor a Residential Board and Care occupancy and 35 s.f. per person for aDay Care occupancy. Some, but not all of the items that may berequired are fire sprinklers, fire partitions, and secondary means ofescape from sleeping rooms.


Any work being performed on the structure(s) will need to complywith the code standards adopted by the City of Sandy Springs as statedin Article II Building Codes, Section 105-19 and Article II Fire

Prevention Code Section 22-26.

The applicant has stated, in the letters of intent, that all residents willbe ambulatory. This does not relieve the applicant of compliance withthe “Georgia Accessibility Code: Chapter 120-3-20. Please note thatsection 120-3-20.11 shall be used as a guide for compliance. 120-3-20.11(1) (a) states that “No alteration shall be undertaken which decreases orhas the effect of decreasing accessibility or usability of a building orfacility below the requirements for new construction at the time of thealteration.” The entrances shall be accessible and at least one accessibletoilet room shall be installed. Signage must also be installed in

accordance with the code. The proceeding requirements are not allinclusive of the code requirements for this project.

Sandy SpringsEngineering PlanReviewer


Sandy Springs

LandscapeArchitect/Arborist

If the MCC chooses to approve the rezoning and concurrent variances acondition could be added that the required landscape strips and zoningbuffers be planted to meet the minimum standards as approved by theCity Arborist. The location of the new drive will impact the twolandmark oaks (30”,28”). Canopy mitigation will be require for the

trees at the time of LDP. There is also a 32” oak near the property linethat will be impacted by the proposed drive and parking. If this tree ison the neighbor’s property money will need to be deposited into anescrow account to cover the canopy mitigation and removal if the treedies within three years. If it is on the subject property canopymitigation will be required.



RZ10-001


DT 3.31.10 Page 12 of 20

F I R E D E P T .


The change in occupancy classifies these structures as New ResidentialBoard and Care Occupancies and must comply with NFPA 101: 32.2 asamended in 120-3-3 if there are 4-6 people which is “small” board andcare, over 6 people is large (sprinklers are required). DHR requireslicensing at 2 or more people.

For reference:

“3.3.134.13 Residential Board and Care Occupancy (SpecificallyPersonal Care Homes/Facilities and/or Assisted Living Homes/Facilitiesas licensed by the Department of Human Resources). A building, orpart thereof, which is used for lodging and boarding of four or moreresidents, not related by blood or marriage to the owners or operators, forthe purpose of providing personal care services. Any facility providinglodging and boarding and personal care for four or more residents whoare mostly incapable of self-preservation, except brain injury centers,because of physical or mental disability shall be classified as a health careoccupancy and shall meet the appropriate provisions of other chapters ofthis Code for health care occupancies.”

GA state amendment to NFPA 101;

(b) Modifications to Chapter 2:

2. Add the following definitions to section 202:

“Day-care Center - A day-care facility subject to licensure or commissionby the Department of Human Resources where more than 12 clientsreceive care.”

“Group Day-care Home - A day-care facility subject to licensure orcommission by the Department of Human Resources where at least sevenbut not more than 12 clients receive care.”

“Personal Care Home/Assisted Living Facility - Any building or partthereof that is used for the lodging or boarding of residents, not relatedby blood or marriage to the owners or operators, for the purpose ofproviding personal care services and licensed as a personal care home orassisted living facility.”

“Residential Occupancies. Occupancies, as specified in the scope of this

standard, include the following, as defined in Chapter 2 of this Code, orthe IBC , or by State law, or by the Rules and Regulations of the GeorgiaSafety Fire Commissioner: (1) Apartment buildings, (2) Lodging androoming houses, (3) Board and care facilities, (4) Hotels, motels, anddormitories, (5) Personal care homes and assisted living facilities , (6)Day-care centers and group day-care homes.”



RZ10-001


DT 3.31.10 Page 13 of 20


− Community Zoning Information Meeting held January 26, 2010 at the Sandy Springs City Hall

− Community/Developer Resolution Meeting held February 25, 2010 at the Sandy Springs City Hall

Public Comments (Please see attached letters)


• The proposed use’s situation regarding security and wellbeing for not only the surroundingneighborhood, but for the future occupants of the Personal Care Home.(the applicant stated a full time employee would oversee the operation)

• The facility’s policy regarding inappropriate and/or illegal behavior.(the applicant stated a policy would be implemented and enforced)

• Building Code compliance for occupancy

(addressed by the Staff Recommended Conditions)• Screening of proposed new section of driveway and rear parking from 5805 Mountain Creek Rd.

(addressed by the Staff Recommended Conditions)

Notice RequirementsThe petition will be advertised in the Daily Report on March 11, 2010 and March 25, 2010. The applicanposted a sign issued by the Department of Community Development along the frontage of Mountain CreekRoad on February 12, 2010.

Public Participation Plan and Report The applicant has met the Public Participation Plan requirements. The applicant will be required to submit the

Public Participation Report seven (7) days prior to the Mayor and City Council Hearing on April 20, 2010. ThePublic Participation Report must be submitted on or before April 13, 2010.

T R A N S P O R T A T I O N


Right-of-way dedication: 30’ from centerline of Mountain Creek Rd.

Public Works does not anticipate that the proposed use permit will cause an excessively burdensome use of existing streets or transportation facilities.


There are no GDOT projects at the location for petition RZ10-001.




RZ10-001


DT 3.31.10 Page 14 of 20


Per Article 28.4.1, Zoning Impact Analysis by the Planning Commission and the Department, the staff shall make awritten record of its investigation and recommendation on each rezoning petition with respect to the followingfactors:

A. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent andnearby property.

Finding: The staff is of the opinion that the proposed Personal Care Home is appropriate in view of thedensity and use of the surrounding developments.


Finding: The staff is of the opinion that the proposal is not expected to adversely affect the existing use orusability of adjacent commercial and residential properties.

C. Whether the property to be affected by the zoning proposal may have reasonable economic use as currently zoned.

Finding: The staff is of the opinion that the property has a reasonable economic use as currently zoned.


Finding: The staff is of the opinion that the proposal will not result in a use which will cause an excessiveor burdensome use of the existing infrastructure.

Public Works does not anticipate that the proposed use permit will cause an excessively

burdensome use of existing streets or transportation facilities.


Finding: The staff is of the opinion that the proposed use is consistent with the Future Land Use Mapwhich designates the property as Living-Working Neighborhood (LWN). The proposal lendsitself to the overall intent of the LWN designated areas that are intended for lower densitymixed land uses (residential and commercial) intended to serve a group of adjacenneighborhoods and to be compatible with lower density residential neighborhoods. The LWNland use designation recommends: Up to 5 units/acre of residential density, 10,000 sf/acre ofbusiness density, a 30,000 square foot/tenant limitation, a height limit of 2 stories, and 10% of

Open/Green Space (5% must be Green Space and the remaining 5% may be Open or GreenSpace).

The site plan provided by the applicant indicates the proposed density for the subject parcel is5,233.18 sf/acre and indicates the total Open Space provided as follows:

• 16,874 square feet of undeveloped and/or open space (75.61%)

• A one (1) story building



RZ10-001


DT 3.31.10 Page 15 of 20

The applicant is proposing to allow for a use consistent with O-I zoning. The subject propertyprovides adequate buffering to adjacent Protected Neighborhoods to the east and the use wouldbe in keeping with appropriate transition to the more intense uses to the west. AdditionallyLive-work developments should ensure walkable development patterns, and the applicantwould provide the required Urban Overlay District streetscape to include lighted and shadedsidewalks.

The subject site is located in Living Working Node 7: Roswell Road and I-285 (Downtown)The vision, guidelines, and policies of Node 7 is as follows:

• The area should be dedicated for high density commercial, office, and residential uses.

• This area should be considered for some of the highest densities in the City.

• Consolidation of properties and the collective redevelopment of multiple propertiesshould be encouraged in the area to perpetuate economic vitality, increased green space,and an improved transportation system.

• Residential density should be above 20 units per acre. Commercial and office densitiesshould be above 25,000 square feet per acre. Building heights should not be limited inthis area. At least 15% of a site shall be maintained as open and green space.

• Densities and heights of a significant nature should not be supported on properties lessthan four (4) acres in size. Increased levels of open and green space, limiting directvehicular access to Roswell Road, and improving the area’s transportation network shallbe important considerations for the highest densities and building heights.

• The transition of densities and heights to levels similar to those in the Town Center areashould be considered on the northern boundary of the area along Cliftwood Drive andCarpenter Drive.

• Automobile-oriented uses should be discouraged from this area.


Finding: The staff is of the opinion that there are no existing or changing conditions affecting the use anddevelopment of the property, which give supporting grounds for approval or denial of theapplicant’s proposal.

G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natura

resources, environment and citizens of Sandy Springs.

Finding: The staff is of the opinion that the zoning proposal will not permit a use which can beconsidered environmentally adverse to the natural resources, environment and citizens ofSandy Springs.



RZ10-001


DT 3.31.10 Page 16 of 20




B. The application of the particular provision of the Zoning Ordinance to a particular piece of property, due toextraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography,would create an unnecessary hardship for the owner while causing no detriment to the public; or,


The applicant is requesting three (3) concurrent variances as follows:

1. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s)Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) tocomply in accordance with the site plan received by the Department of Community Development onMarch 31, 2010.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the structures are existing and sufficiently bufferedTherefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the requiredLandscape Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existingstructure(s) to comply in accordance with the site plan received by the Department of Community Development

on March 31, 2010.

2. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s)Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weathersurface/Driveway/Parking to comply in accordance with the site plan received by the Department ofCommunity Development on March 31, 2010.


Although two (2) Landmark Oak Trees, will be lost, the staff is of the opinion the variance request is in harmonywith the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the proposed parking spaces would be sufficiently screened from adjoining properties, and the applicant will brequired to provide canopy mitigation for the landmark trees at the time of issuance of a land disturbance permit.Therefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the requiredLandscape Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weather surface/Driveway/Parking to comply in accordance with the site plan received by the Department ofCommunity Development on March 31, 2010.



RZ10-001


DT 3.31.10 Page 17 of 20

3. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foo

minimum interior side setback(s) to the extent necessary for the existing structure(s) to comply in

accordance with the site plan received by the Department of Community Development on March 31

2010.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the current setbacks are existing and the spacing betweenstructures has been sufficient. Therefore, based on these reasons, the staff recommends APPROVAL of thevariance to reduce the required twenty (20) foot minimum interior side setback(s) to the extent necessary for theexisting structure(s) to comply in accordance with the site plan received by the Department of CommunityDevelopment on March 31, 2010.



RZ10-001


DT 3.31.10 Page 18 of 20


It is the opinion of the staff that the proposed use in conformity with the intent of the Comprehensive PlanPolicies and the Future Land Use Map, as the proposal involves a use and density that is consistent withnearby properties. Therefore, based on these reasons, the staff recommends APPROVAL CONDITIONAL ofthis petition. The staff also recommends approval of the associated concurrent variances numbered 1 through3.



RZ10-001


DT 3.31.10 Page 19 of 20

STAFF RECOMMENDED CONDITIONS Should the Mayor and City Council decide to approve the petition to rezone the subject property from O-I (Officeand Institutional District) conditional to O-I (Office and Institutional District) conditional, with ConcurrentVariance(s), to allow for a Group Residence with a future transition into a Personal Care Home, the staffrecommends the approval be subject to the following conditions. The applicant’s agreement to these conditionswould not change staff recommendations. These conditions shall prevail unless otherwise stipulated by the Mayorand City Council.


a. To a Group Residence or a Personal Care Home.

b. To a 2,721.255 square foot building developed at a density of 5,233.18 square feet per acre.

c. To no more than eight (8) occupants at any given time.


a. To the site plan received by the Department of Community Development on March 31, 2010.Said site plan is conceptual only and must meet or exceed the requirements of the Zoning

Ordinance, the Development Standards contained therein, and these conditions prior to theapproval of a Land Disturbance Permit. The applicant shall be required to complete the conceptreview procedure prior to application for a Land Disturbance Permit. Unless otherwise notedherein, compliance with all conditions shall be in place prior to the issuance of a Certificate ofOccupancy.

b. The required and/or provided landscape strip(s) and zoning buffer(s) shall be planted to meetthe minimum standards as approved by the City Arborist.

c. Provide and maintain privacy screening along the southeastern edge of the proposed parkingspaces as approved by the Director of Community Development.

d. To planting the required landscape strips and zoning buffers to meet the minimum standards asapproved by the City Arborist.

e. To obtain a Certificate of Occupancy from the City prior to establishing the Group Residenceuse. To obtain a second Certificate of Occupancy from the City prior to establishing thePersonal Care Home use.


a. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required LandscapeStrip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existingstructure(s) to comply in accordance with the site plan received by the Department ofCommunity Development on March 31, 2010 (CV10-001).

b. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required LandscapeStrip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow forproposed All-weather surface/Driveway/Parking to comply in accordance with the site planreceived by the Department of Community Development on March 31, 2010 (CV10-001).



RZ10-001


DT 3.31.10 Page 20 of 20

c. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) footminimum interior side setback(s) to the extent necessary for the existing structure(s) to complyin accordance with the site plan received by the Department of Community Development onMarch 31, 2010 (CV10-001).

d. The owner/developer shall dedicate thirty (30) feet of right-of-way from centerline of MountainCreek Road along the entire property frontage or ten and one-half (10.5) feet from back of curb,whichever is greater, to the City of Sandy Springs.

Attachments

Site Plans dated received March 31, 2010Rendering(s) dated received January 14, 2010 Letters of Intent dated received January 8, 20101st Amendment to the letter of intent dated received January 15, 20102nd Amendment to the letter of intent dated received January 16, 20102nd Amendment to the application dated received March 31, 2010

Applicant Zoning Impact Analysis dated received January 8, 2010Letter Fulton County Dept. of the Environment & Community Development received February 16, 2010Letter Fulton County Dept. of Health and Wellness received February 25, 2010Draft discharge policy dated received March 17, 2010Letters of opposition dated received March 17, 2010City ADA memo dated March 29, 2010




DT 3.31.10 Page 1 of 21



Community Zoning Information Meeting

Design ReviewBoard Meeting

Community DeveloperResolution Meeting

Planning

CommissionHearing

Mayor and CitCouncil Hearin

January 26, 2010 January 26, 2010 February 25, 2010 March 18, 2010 April 20, 2010


Eugene and Mari Jo Grace/ Carol JaneReynolds

Carol Jane Reynolds Nathan V. Hendricks III


5790 & 5800 Mountain Creek RoadLand Lot 70, District 17

Council District 6

Frontage and Area 200 feet of frontage along the southwest side of Mountain Creek Road. The subjectproperty has a total area of approximately 0.83 acres (35,913 sq.ft.).

Existing Zoning andUse

O-I (Office and Institutional District) conditional under zoning cases Z98-009 and Z99-062The property is developed with offices.

Overlay District Urban District


LWR (Living-Working Regional), Node 7: Roswell Road and I-285 (Downtown)

Proposed Zoning O-I (Office and Institutional District)

INTENT

TO REZONE THE SUBJECT PROPERTY FROM O-I (OFFICE AND INSTITUTIONAL DISTRICT)CONDITIONAL TO O-I (OFFICE AND INSTITUTIONAL DISTRICT) CONDITIONAL, WITHCONCURRENT VARIANCE(S), TO INITIALLY ALLOW GROUP RESIDENCES WITH A FUTURE

TRANSITION INTO PERSONAL CARE HOMES.

The subject property is zoned O-I (Office and Institutional District) under zoning cases Z98-009 and Z99-062 anconditioned to office uses within the existing structures.

The applicant is requesting to rezone the subject property from O-I (Office and Institutional District) conditional O-I (Office and Institutional District) conditional to initially allow Group Residences with a future transition inPersonal Care Homes. The applicant states that the residence numbered 5790 Mountain Creek Road contaithree bedrooms and two bathrooms, and the intent is to house up to eight occupants. The applicant states that tresidence numbered 5800 Mountain Creek Road contains three bedrooms and two bathrooms, and the intent is house up to eight occupants. The occupants will be completely ambulatory and will be developmentally disableThe applicant intends to make improvements/renovations to the existing building that include enclosing thexisting carport into heated floor area used for common dining.



RZ10-002


DT 3.31.10 Page 2 of 21

A Group Residence is defined in the City Zoning Ordinance as:

• A state licensed 24-hour residential facility functioning as a single housekeeping unit for the sheltered caof persons with special needs which, in addition to providing food and shelter, may also provide somcombination of personal care, social or counseling services and transportation. Bedroom suites shall ninclude kitchen facilities. For purposes of this Ordinance, group residence/shelter shall not include thofacilities which exclusively care for children under the age of 17.

A Personal Care Home is defined in the City Zoning Ordinance as:

• A state licensed use in which domiciliary care is provided to adults who are provided with food, sheltand personal services. This use shall not include hospitals, convalescent centers, nursing homes, hospicclinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

The State of Georgia defines a Personal Care Home as:

• A single home, building or group of buildings where personal services (help with the essential activities daily living to include assistance with eating, bathing, grooming, dressing, toileting, and supervision

medications) are provided to two or more adults not related to the owner or administrator by blood marriage.

NOTE: Under Chapter 111-8-62 of the State of Georgia Healthcare Facility Regulations for Personal Care HomGroup Residences are exempted from the regulations as follows:

• Group Residences organized by or for persons who choose to live independently or who manage theown care and share the cost of services including but not limited to attendant care, transportation, renutilities, and food preparation.

Additionally, the applicant is requesting three (3) concurrent variances as follows:

1. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s), ZoninBuffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) to comply accordance with the site plan received by the Department of Community Development on March 31, 201and

2. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s), ZoninBuffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weathsurface/Driveway/Parking to comply in accordance with the site plan received by the Department Community Development on March 31, 2010, and

3.

Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foot minimuinterior side setback(s) to the extent necessary for the existing structure(s) to comply in accordance with thsite plan received by the Department of Community Development on March 31, 2010.



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DT 3.31.10 Page 3 of 21


RZ10-002 – APPROVAL CONDITIONAL

CV10-002 #1 – APPROVAL CONDITIONALCV10-002 #2 – APPROVAL CONDITIONALCV10-002 #3 – APPROVAL CONDITIONAL

DESIGN REVIEW BOARD ENDORSEMENT

RZ10-002 – APPROVEDCV10-002 #1 – APPROVEDCV10-002 #2 – APPROVED

CV10-002 #3 – APPROVED

Approved (5-0), Porter, Landeck, Richard, Westmoreland and Mobley for; Gregory Absent; Lichtenstein notvoting.


RZ10-001 – APPROVAL CONDITIONALCV10-001 #1 – APPROVAL CONDITIONALCV10-001 #2 – APPROVAL CONDITIONALCV10-001 #3 – APPROVAL CONDITIONAL

The petition was heard at the March 18, 2010 Planning Commission meeting . The Commission recommendedapproval subject to staff conditions and with concern over the residences' ability to properly house up to 16people. Approved (4-0, Maziar, Pond, Rubenstein, and Tart for; Duncan not voting; Thatcher and Rupnow

absent).



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Location Map



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DT 3.31.10 Page 5 of 21

BACKGROUNDThe site is located on the southwest side of Mountain Creek Road, approximately 150 feet south of theintersection of Carpenter Drive and Mountain Creek Road. The properties are zoned O-I (Office andInstitutional District) under zoning cases Z99-062 & Z98-009 and conditioned to office use within theexisting structure. The subject property is located within the Urban District of the Sandy Springs OverlayDistrict.EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY

SUBJECTPETITIONRZ09-009/ CV09-018

RequestedZoning


(Acres)


Units

Density(Square Feet orUnits per Acre)

O-I Personal Care Homes 0.836,797.60 sf

(with enclosedcarports)

8,189.88 sf/acre


subjectproperty

Zoning UseLand Area

(Acres)

SquareFootage or

Number ofUnits

Density(Square Feet or

Units Per Acre)

Northwest R-3Residence @ 5810


Northeast R-3Residence @ 5805


Northeast R-3Residence @ 5795


SoutheastO-I

conditionalZ02-081

Office @ 5780Mountain Creek Rd.

0.42 2,500 sf 5,952.38 sf/acre

Southwest A-1Z64-088 Condos (Laurel Grove)@ 346 Carpenter Dr. 4.90 93 units 18.98 units/acre



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Zoning Map



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Future Land Use Map



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Subject Property (5800) Subject Property (5790)

Between 5790 & 5800 Mountain Creek RoadNext door to 5800 (northwest of the subject

property/5810 Mountain Creek Rd.)



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Sign (5790)



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SITE PLAN ANALYSIS The submitted site plan shows the subject properties to be rectangular, wooded, and sloping down towardthe southeast property line. The site plan also indicates the following:

• Total site area of 35,913 square feet (100%)

• 3,358 square feet of existing buildings (9.35%)

• Carport areas of 804.60 square feet (2.24%)

• Lower Levels of 2,635 square feet (7.34%)

• 6 parking spaces (1,690 square feet or 4.70 %)

• Total impervious surface of 11,734 square feet (32.67%)• 24,179 square feet of undeveloped and/or open space (67.33%)

PARKING IMPACT ANALYSISSection 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces for HealthCare Facilities as follows:

• One space for every four (4) beds, and

• One space for every three (3) employeesThe proposed Personal Care Homes would have no more than sixteen (16) beds plus two (2) employeeswhich would require six (6) parking spaces. The applicant has provided six (6) spaces.

LANDSCAPE PLAN ANALYSIS

The site plan shows the subject property to be wooded and indicates 24,179 square feet (67.33%) square feet ofundeveloped and/or open space. Additionally, the applicant will install the required landscaping as requiredby the Urban Overlay District.

ENVIRONMENTAL SITE ANALYSIS

The Environmental Site Analysis Report is sufficient and satisfies the requirements of the Sandy SpringsZoning Ordinance. The reporting on all items of the analysis stated either positive, minimal, or noenvironmental issues. The report, in its entirety, is within the case file as a matter of record.



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DEPARTMENT COMMENTS

The staff held a Focus Meeting on February 3, 2010 at which the following departmental comments wereprovided:

B U I

L D I N G & D E V E L O P M E N T D

I V I S I O N


If the buildings at 5815, 5790, and 5800 Mountain Creek Road are

currently used as business offices and are changed to a ResidentialBoard and Care or Day Care occupancy, Section 4.6.11 of the 2000 LifeSafety Code would require that they be brought into compliance withall of the 2006 ICC codes, the Georgia Accessibility Code, and the 2000Life Safety Code. The occupant load factor would be 200 s.f. per personfor a Residential Board and Care occupancy and 35 s.f. per person for aDay Care occupancy. Some, but not all of the items that may berequired are fire sprinklers, fire partitions, and secondary means ofescape from sleeping rooms.


Any work being performed on the structure(s) will need to complywith the code standards adopted by the City of Sandy Springs as stated

in Article II Building Codes, Section 105-19 and Article II FirePrevention Code Section 22-26.

The applicant has stated, in the letters of intent, that all residents willbe ambulatory. This does not relieve the applicant of compliance withthe “Georgia Accessibility Code: Chapter 120-3-20. Please note thatsection 120-3-20.11 shall be used as a guide for compliance. 120-3-20.11(1) (a) states that “No alteration shall be undertaken which decreases orhas the effect of decreasing accessibility or usability of a building orfacility below the requirements for new construction at the time of thealteration.” The entrances shall be accessible and at least one accessible

toilet room shall be installed. Signage must also be installed inaccordance with the code. The proceeding requirements are not allinclusive of the code requirements for this project.

Sandy SpringsEngineering PlanReviewer



If the MCC chooses to approve the rezoning and concurrent variances acondition could be added that the required landscape strips and zoningbuffers be planted to meet the minimum standards as approved by theCity Arborist.



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F I R E D E P T .


The change in occupancy classifies these structures as New ResidentialBoard and Care Occupancies and must comply with NFPA 101: 32.2 asamended in 120-3-3 if there are 4-6 people which is “small” board andcare, over 6 people is large (sprinklers are required). DHR requireslicensing at 2 or more people.

For reference:

“3.3.134.13 Residential Board and Care Occupancy (SpecificallyPersonal Care Homes/Facilities and/or Assisted Living Homes/Facilitiesas licensed by the Department of Human Resources). A building, orpart thereof, which is used for lodging and boarding of four or moreresidents, not related by blood or marriage to the owners or operators, forthe purpose of providing personal care services. Any facility providinglodging and boarding and personal care for four or more residents whoare mostly incapable of self-preservation, except brain injury centers,because of physical or mental disability shall be classified as a health careoccupancy and shall meet the appropriate provisions of other chapters ofthis Code for health care occupancies.”

GA state amendment to NFPA 101;

(b) Modifications to Chapter 2:

2. Add the following definitions to section 202:

“Day-care Center - A day-care facility subject to licensure or commissionby the Department of Human Resources where more than 12 clientsreceive care.”

“Group Day-care Home - A day-care facility subject to licensure orcommission by the Department of Human Resources where at least sevenbut not more than 12 clients receive care.”

“Personal Care Home/Assisted Living Facility - Any building or partthereof that is used for the lodging or boarding of residents, not relatedby blood or marriage to the owners or operators, for the purpose ofproviding personal care services and licensed as a personal care home orassisted living facility.”

“Residential Occupancies. Occupancies, as specified in the scope of thisstandard, include the following, as defined in Chapter 2 of this Code, orthe IBC , or by State law, or by the Rules and Regulations of the GeorgiaSafety Fire Commissioner: (1) Apartment buildings, (2) Lodging androoming houses, (3) Board and care facilities, (4) Hotels, motels, anddormitories, (5) Personal care homes and assisted living facilities , (6)Day-care centers and group day-care homes.”



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− Community Zoning Information Meeting held January 26, 2010 at the Sandy Springs City Hall

− Community/Developer Resolution Meeting held February 25, 2010 at the Sandy Springs City Hall

Public Comments (Please see attached letters)


• The proposed use’s situation regarding security and wellbeing for not only the surroundingneighborhood, but for the future occupants of the Personal Care Homes.(the applicant stated two (2) full time employees would oversee the overall operation)

• The facility’s policy regarding inappropriate and/or illegal behavior.

(the applicant stated a policy would be implemented and enforced)• Building Code and septic compliance for occupancy

(addressed by the Staff Recommended Conditions)

Notice RequirementsThe petition will be advertised in the Daily Report on March 11, 2010 and March 25, 2010. The applicanposted signs issued by the Department of Community Development along the frontage of Mountain CreekRoad on February 12, 2010.

Public Participation Plan and Report The applicant has met the Public Participation Plan requirements. The applicant will be required to submit thePublic Participation Report seven (7) days prior to the Mayor and City Council Hearing on April 20, 2010. ThePublic Participation Report must be submitted on or before April 13, 2010.



Right-of-way dedication: 30’ from centerline of Mountain Creek Rd.

Public Works does not anticipate that the proposed use permit will cause an excessively burdensome use of existing streets or transportation facilities.


There are no GDOT projects at the location for petition RZ10-002.




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DT 3.31.10 Page 15 of 21


Per Article 28.4.1, Zoning Impact Analysis by the Planning Commission and the Department, the staff shall make awritten record of its investigation and recommendation on each rezoning petition with respect to the followingfactors:

A. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent andnearby property.

Finding: The staff is of the opinion that the proposed Personal Care Homes are appropriate in view ofthe density and use of the surrounding developments.


Finding: The staff is of the opinion that the proposal is not expected to adversely affect the existing use or

usability of adjacent commercial and residential properties.

C. Whether the property to be affected by the zoning proposal may have reasonable economic use as currently zoned.

Finding: The staff is of the opinion that the property has a reasonable economic use as currently zoned.


Finding: The staff is of the opinion that the proposal will not result in a use which will cause an excessiveor burdensome use of the existing infrastructure.

Public Works does not anticipate that the proposed use permit will cause an excessivelyburdensome use of existing streets or transportation facilities.


Finding: The staff is of the opinion that the proposed use is consistent with the Future Land Use Mapwhich designates the property as Living-Working Regional (LWR). The proposal lends itself tothe overall intent of the LWR designated areas that are intended for high intensity/densitymixed land uses (residential and commercial) intended for major transportation areas and areashaving significant concentrations of employment. The LWR land use designation recommendsOver 20 units/acre of residential density, over 25,000 sf/acre of business density, a case-by-case

square foot/tenant limitation, an unlimited height restriction, and 20% of Open/Green Space(15% must be Green Space and the remaining 5% may be Open or Green Space).

The site plan provided by the applicant indicates the proposed density for the subject parcelsare 8,189.88 sf/acre and indicates the total Open Space provided as follows:

• 24,179 square feet of undeveloped and/or open space (67.33%)

• Two (2) one (1) story buildings



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DT 3.31.10 Page 16 of 21

The applicant is proposing to allow for a use consistent with O-I zoning. The subject propertyprovides adequate buffering to adjacent Protected Neighborhoods to the east and the use wouldbe in keeping with appropriate transition to the more intense uses to the west. AdditionallyLive-work developments should ensure walkable development patterns, and the applicantwould provide the required Urban Overlay District streetscape to include lighted and shadedsidewalks.

The subject site is located in Living Working Node 7: Roswell Road and I-285 (Downtown)

The vision, guidelines, and policies of Node 7 is as follows:

• The area should be dedicated for high density commercial, office, and residential uses.

• This area should be considered for some of the highest densities in the City.

• Consolidation of properties and the collective redevelopment of multiple propertiesshould be encouraged in the area to perpetuate economic vitality, increased green space,and an improved transportation system.

• Residential density should be above 20 units per acre. Commercial and office densities

should be above 25,000 square feet per acre. Building heights should not be limited inthis area. At least 15% of a site shall be maintained as open and green space.

• Densities and heights of a significant nature should not be supported on properties lessthan four (4) acres in size. Increased levels of open and green space, limiting directvehicular access to Roswell Road, and improving the area’s transportation network shallbe important considerations for the highest densities and building heights.

• The transition of densities and heights to levels similar to those in the Town Center areashould be considered on the northern boundary of the area along Cliftwood Drive andCarpenter Drive.

• Automobile-oriented uses should be discouraged from this area.


Finding: The staff is of the opinion that there are no existing or changing conditions affecting the use anddevelopment of the property, which give supporting grounds for approval or denial of theapplicant’s proposal.

G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the naturaresources, environment and citizens of Sandy Springs.

Finding: The staff is of the opinion that the zoning proposal will not permit a use which can beconsidered environmentally adverse to the natural resources, environment and citizens ofSandy Springs.



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DT 3.31.10 Page 17 of 21




B. The application of the particular provision of the Zoning Ordinance to a particular piece of property, due to

extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography,would create an unnecessary hardship for the owner while causing no detriment to the public; or,


The applicant is requesting three (3) concurrent variances as follows:

1. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s)Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) tocomply in accordance with the site plan received by the Department of Community Development onMarch 31, 2010.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the structures are existing and sufficiently bufferedTherefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the requiredLandscape Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existingstructure(s) to comply in accordance with the site plan received by the Department of Community Developmenton March 31, 2010.

2. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required Landscape Strip(s)Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weathersurface/Driveway/Parking to comply in accordance with the site plan received by the Department ofCommunity Development on March 31, 2010.


The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance and the proposal will not pose a detriment to the public because the proposed parking spaces would be sufficientlyscreened from adjoining properties. Therefore, based on these reasons, the staff recommends APPROVAL of thevariance to reduce the required Landscape Strip(s), Zoning Buffer(s) & Improvement Setback(s) to the extennecessary to allow for proposed All-weather surface/Driveway/Parking to comply in accordance with the site planreceived by the Department of Community Development on March 31, 2010.



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DT 3.31.10 Page 18 of 21

3. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) foo

minimum interior side setback(s) to the extent necessary for the existing structure(s) to comply in

accordance with the site plan received by the Department of Community Development on March 31

2010.

The applicant has indicated this variance will not result in any harm to the health and safety of thegeneral public and that application of the requirement would place a hardship on the applicant. Theapplicant has indicated that this variance is in harmony with the area and in harmony with the genera

purpose and intent of the Zoning Ordinance.

The staff is of the opinion the variance request is in harmony with the intent of the Zoning Ordinance

and the proposal will not pose a detriment to the public because the current setbacks are existing and

the spacing between structures has been sufficient. Therefore, based on these reasons, the staff

recommends APPROVAL of the variance to reduce the required twenty (20) foot minimum interior side

setback(s) to the extent necessary for the existing structure(s) to comply in accordance with the site plan

received by the Department of Community Development on March 31, 2010.



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DT 3.31.10 Page 19 of 21


It is the opinion of the staff that the proposal is in conformity with the intent of the Comprehensive PlanPolicies and the Future Land Use Map, as the proposal involves a use and density that is consistent withnearby properties. Therefore, based on these reasons, the staff recommends APPROVAL CONDITIONAL ofthis petition. The staff also recommends approval of the associated concurrent variances numbered 1 through3.



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DT 3.31.10 Page 20 of 21

STAFF RECOMMENDED CONDITIONS Should the Mayor and City Council decide to approve the petition to rezone the subject property from O-I

(Office and Institutional District) conditional to O-I (Office and Institutional District) conditional, with Concurrent

Variance(s), to allow for a Group Residence with a future transition into a Personal Care Home, the staffrecommends the approval be subject to the following conditions. The applicant’s agreement to theseconditions would not change staff recommendations. These conditions shall prevail unless otherwisestipulated by the Mayor and City Council.


a. To Group Residences or Personal Care Homes.

b. To one 3,432.559 square foot building and to a second 3,365.037 square foot building developedat a total density of 8,189.88 square feet per acre.

c. To no more than eight (8) occupants in each home (16 total) at any given time.


a. To the site plan received by the Department of Community Development on March 31, 2010.Said site plan is conceptual only and must meet or exceed the requirements of the ZoningOrdinance, the Development Standards contained therein, and these conditions prior to theapproval of a Land Disturbance Permit. The applicant shall be required to complete the conceptreview procedure prior to application for a Land Disturbance Permit. Unless otherwise notedherein, compliance with all conditions shall be in place prior to the issuance of a Certificate ofOccupancy.

b. The required and/or provided landscape strip(s) and zoning buffer(s) shall be planted to meetthe minimum standards as approved by the City Arborist.

c.

To planting the required landscape strips and zoning buffers to meet the minimum standards asapproved by the City Arborist.

d. To obtain a Certificate of Occupancy from the City prior to establishing the Group Residenceuses. To obtain a second Certificate of Occupancy from the City prior to establishing thePersonal Care Home uses.


a. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required LandscapeStrip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existingstructure(s) to comply in accordance with the site plan received by the Department ofCommunity Development on March 31, 2010 (CV10-002).

b. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required LandscapeStrip(s), Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow forproposed All-weather surface/Driveway/Parking to comply in accordance with the site planreceived by the Department of Community Development on March 31, 2010 (CV10-002).



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DT 3.31.10 Page 21 of 21

c. Variance from Section 8.1.3.C of the Zoning Ordinance to reduce the required twenty (20) footminimum interior side setback(s) to the extent necessary for the existing structure(s) to complyin accordance with the site plan received by the Department of Community Development onMarch 31, 2010 (CV10-002).

d. The owner/developer shall dedicate thirty (30) feet of right-of-way from centerline of MountainCreek Road along the entire property frontage or ten and one-half (10.5) feet from back of curb,whichever is greater, to the City of Sandy Springs.

Attachments

Site Plans dated received March 31, 2010Rendering(s) dated received January 14, 2010

Letters of Intent dated received January 8, 20101st Amendment to the letter of intent dated received January 15, 20102nd Amendment to the letter of intent dated received January 16, 20102nd Amendment to the application dated received March 31, 2010Applicant Zoning Impact Analysis dated received January 8, 2010Letter Fulton County Dept. of the Environment & Community Development received February 16, 2010Letter Fulton County Dept. of Health and Wellness received February 25, 2010Septic System Documentation dated received February 26, 2010Draft discharge policy dated received March 17, 2010Letters of opposition dated received March 17, 2010City ADA memo dated March 29, 2010



Prepared by the City of Sandy Springs Department of Community Development for the Mayor & City Council Hearing on April 20, 2010

DT 3.30.10 Page 1 of 16

Zoning Modification Petition No. ZM10-001

HEARING & MEETING DATESCommunity Zoning Information Meeting Mayor and City Council Hearing

February 23, 2010 April 20, 2010APPLICANT/PETITIONER INFORMATIONProperty Owners Petitioner Representative

Bill Long Ron Wood Rex Bray


1349 & 1369 Spalding DriveLand Lot 384, District 18

Council District 1

Frontage and Area400 feet of frontage along the southeast side of Spalding Drive. The subject propertieshave a total area of 5.33 acres (232,174.8 square feet).

Existing Zoning

and Use

R-2 (Single-family Dwelling District), currently developed with a residence and a

religious facility under Fulton County use permit U89-083. 2027 ComprehensiveFuture Land UseMap Designation

Residential, 1 to 2 units per acre (R1-2), Protected Neighborhood

Proposed Use Religious Facility

INTENTMODIFICATION OF CONDITION 2.A, 3.A, AND 3.F. OF U89-083 (APPROVED BY THE FULTON

COUNTY BOARD OF COMMISSIONERS ON JANUARY 3, 1990).

The applicant is requesting a zoning modification to the conditions of Fulton County zoning case U89-083 asfollows:

1. To modify condition 2.a. of petition U89-083 to allow the owner/developer to abide by a revised siteplan.

2. To modify condition 3.a. of petition U89-083 to allow the vehicular exit/entrance to not be limited toemergency and residential use only.

3. To delete condition 3.f. of petition U89-083 to allow vehicular connection from Spalding Drive to theadjacent church property to the south.

DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATIONZM10-001 – APPROVAL CONDITIONAL



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Location Map



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BACKGROUNDThe subject properties are located on the southeast side of Spalding Drive. The properties are zoned R-2(Single-family Dwelling District). Under Use Permit U89-083, the property numbered 1349 SpaldingDrive is permitted church use under the following conditions:

1. To the owner's agreement to restrict the use of the subject property as follows:

a. To church accessory uses, including classes, counseling, and offices in the existingstructure. Modifications to the existing structure will be limited to removal of the carport.

b. To confine the hours of operation for the permitted uses to between 8:00 AM and 10:00PM.

2. To the owner's agreement to abide by the following:

a. To submit to the Director of Public Works for approval, prior to the approval of a LandDisturbance Permit, a revised Site Plan based on a certified boundary survey of the entireproperty zoned, incorporating the stipulations of these conditions of zoning approval andmeeting or exceeding the requirements of the Zoning Resolution.

b. To submit to the Director of Public Works for his approval, prior to any defoliation oralteration of the site, a Land Disturbance application which shall include a grading planincluding phasing, a hydrological study, a separate soil sedimentation and erosion controlplan, and proposed provisions for permanent, storm water retention and the method ofcontinuing maintenance of these facilities.

c. To submit to the Director of Public Works for his approval, prior to the approval of a LandDisturbance Permit, a detailed landscape and/or tree protection plan for all requiredbuffers, landscape strips, and tree protection zones. Said landscaping for each phase ofdevelopment shall be in place within 90 days after the issuance of a Certificate ofOccupancy or the connection of permanent power for the final phase of the development.

d. To submit to the Director of Public Works for his approval, prior to the subdivision of anyparcel zoned pursuant to this petition, a copy of all easement agreements for sharedparking and access.

3. To the owner's agreement to the following site development considerations:

a. No more than 1 exit/entrance on Spalding Drive for emergency and residential use only-Curb cut location and alignment are subject to the approval of the Fulton County TrafficEngineer.

b. No thoroughfare access between Spalding Drive and Roberts Drive in Dekalb County.

c. No roof or billboard signs are permitted.

d. No structure on the subject site will be located across the boundary line separating Fultonand Dekalb County.

e. All parking shall be located to the rear of the existing structure, and shall be limited to thenumber of spaces required for general office use in the existing structure.



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DT 3.30.10 Page 4 of 16

f. No vehicular connection between the subject site and the adjacent church property, exceptfor access to parking.

g. Provide a minimum 6 foot high, 100% opaque solid wooden fence or masonry wall forscreening purposes, subject to the approval of the Director of Planning and EconomicDevelopment, along the periphery of any new parking area; said fence/wall to be locatedoutside of any public right-of-way and interior to any required landscape strips and/orbuffers. The finished side of said fence/wall shall face the exterior property lines.

h. Maintain the existing chain-link fence surrounding the subject site.

i. No project identification signage adjacent to Spalding Drive.

j. Security lighting in parking areas or structures adjacent to property zoned for residentialuses shall not exceed three (3) feet in height and shall be designed, located and installed insuch a way as to screen the light source from adjacent residential property and to directlight solely onto the parking area or structure on which it is located; nor shall suchlighting devises be illuminated before or after the hours of operation defined in conditionl.b.

k. The existing swimming pool shall be filled in and/or permanently dismantled.

4. To the owner's agreement to abide by the following requirements, dedications, andimprovements:

a. Dedicate at no cost to Fulton County along the entire property frontage, prior to theapproval of a Land Disturbance Permit sufficient land as necessary to provide thefollowing rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curbof all abutting road improvements, as well as allow the necessary construction easementswhile the rights-of-way are being improved:

30 feet from centerline of Spalding Drive

b. Improve the following roadways along the entire property frontage from the center ofroad to back of curb as follows:

14.5 feet from centerline of Spalding Drive

c. Design required on-site storm water detention facilities such that they are not locatedwithin any required buffers, landscape strips or on required parking and loading areas.


a. To contact the Director of Public Works, prior to the application for a Land DisturbancePermit, to arrange with the County Arborist an on-site evaluation of existing specimentrees/stands, buffers, and tree protection zones within the property boundaries.

b. To maintain as a minimum, the tree density requirements as prescribed by the FultonCounty Tree Preservation Ordinance Administrative Guidelines, either through theretention of existing trees, or tree replacement in perpetuity.



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DT 3.30.10 Page 5 of 16


SUBJECTPETITION

ZM09-008/ CV09-013


(Acres)


Units

Density (SquareFootage or

Number of Units

per acre)

Religious Facility @ 1349 SpaldingDrive

2.30 3,200 SF 1,391.3 SF/acre


subjectproperty

Zoning UseLand Area

(Acres)


Units


Number of Unitsper acre)

NorthCUP

conditional

Z00-078

7906 Stafford Ln.–single family residence

(Stafford Manor, SD)

0.54 1 1.85

NorthR-4

conditionalZ93-028

100 Spalding SpringsCt.– single family

residence(Spalding Springs, SD)

0.31 1 3.23

NorthR-4

conditionalZ93-028

215 Spalding SpringsLn.– single family


0.29 1 3.45

NorthR-4

conditionalZ93-028

205 Spalding SpringsLn.– single family


0.26 1 3.85

East R-21389 Spalding Rd. –

single family residence1.20 1 0.83

SouthResidential

(City ofDunwoody)

5676 Roberts Dr. -North Atlanta Church

of Christ ______ _______ ________

West R-21329 Spalding Rd. –

single family residence1.57 1 0.64



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Zoning Map



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Future Land Use Map



ZM10-001


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North of Subject Properties (Stratford Manor) North of Subject Properties (Spalding Springs)

North of Subject Properties (Spalding Springs) From 1349 looking east at 1369



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DT 3.30.10 Page 9 of 16

From 1349 looking eastBack Yard of 1349 (looking south @ North Atlanta

Church of Christ)

Back Yard of 1349 (looking south @ North AtlantaChurch of Christ)

Back Yard of 1349 (looking west @ 1329 SpaldingDrive)



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DT 3.30.10 Page 10 of 16

1369 Spalding Drive From 1369 looking east at 1389 Spalding Drive

Back Yard of 1369 (looking south @ North AtlantaChurch of Christ)

Back Yard of 1369 (looking west @ 1349)



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DT 3.30.10 Page 11 of 16

Sign



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APPLICANT’S INTENT The applicant is requesting a zoning modification to the conditions of Fulton County zoning case U89-083 afollows:

1. To modify condition 2.a. of petition U89-083 to allow the owner/developer to abide by a revised site plan

2. To modify condition 3.a. of petition U89-083 to allow the vehicular exit/entrance to not be limited temergency and residential use only.

3. To delete condition 3.f. of petition U89-083 to allow vehicular connection from Spalding Drive to thadjacent church property to the south.

The applicant intends to construct a section of new driveway that would connect the existing parking loat the rear of the subject property to the existing driveway off Spalding Drive.

The staff is of the opinion that the applicant’s request to allow vehicular connection from Spalding Drive to thadjacent church property to the south would not adversely affect adjacent or nearby properties because this vehiculconnectivity between Spalding Drive and Roberts Drive would not be a thoroughfare and would have restricteoperation . The staff has received notice or letters of opposition from the adjacent neighbors (notably from Ms. Nin

Simitses @ 1389 Spalding Drive) expressing concerns over increased traffic on Spalding Drive; however, th following comments from Public Works have addressed the neighbors’ concerns and have been incorporated in thStaff Recommended Conditions:

• Public Works does not anticipate that the proposed zoning modification will cause an excessivelyburdensome use of existing streets or transportation facilities.

• Access must be closed via physical barrier or gate to disallow through traffic between SpaldingDrive and Roberts Drive on Monday through Friday from 6-9 am and 4-7 pm.

• Driveway must be used for exit only during Sunday services.

• Driveway must be upgraded to meet all City standards for an institutional use per theDevelopment Regulations Ordinance.

• Prior to use, the applicant must provide stamped sight distance survey showing that the drivewaywill meet AASHTO standards for intersection sight distance at this location.

Therefore, the staff recommends APPROVAL of this modification request.



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DEPARTMENT COMMENTSThe staff held a Focus Meeting on March 3, 2010 at which the following departmental comments wereprovided:

B U I L D I N G A N D

D E V E L O P M E N T D I V I S I O N

Sandy Springs

Building Officer

The Building Department has no comments on the items from the

3/3/10 focus meeting.

Sandy SpringsDevelopment PlanReview Engineer



The proposed connecting driveway will cause the removal of two pinetrees approximately 20” DGH and about five Leyland Cypress.

F I R E D E P T .


No fire hydrants are shown on the building site. Refer to 120-3-3,modification to the 2006 IFC, “508.5.1 Where required. Where a portion ofthe facility or building hereafter constructed or moved into or within the jurisdiction is more than 500 feet (152 m) from a hydrant on a fireapparatus access road, as measured by an approved route around theexterior of the facility or building, on-site fire hydrant mains shall beprovided where required by the local Fire Chief and /or Fire CodeOfficial of the responding fire department or agency.“Exceptions:

“1. For group R-3 and Group U occupancies, the distance requirementshall be 600 feet (183 m).“2. For buildings equipped throughout with an approved automaticsprinkler system installed in accordance with Section 903.3.1.1 or903.3.1.2, the distance requirement shall be 600 feet (183 m).”


Sandy SpringsTransportation

Planner

• Public Works does not anticipate that the proposed zoningmodification will cause an excessively burdensome use of existingstreets or transportation facilities.

• Right-of-way dedication: 40’ Spalding Drive

• Access must be closed via physical barrier or gate to disallowthrough traffic between Spalding Drive and Roberts Drive onMonday through Friday from 6-9 am and 4-7 pm.

• Driveway must be used for exit only during Sunday services.

• Driveway must be upgraded to meet all City standards for aninstitutional use per the Development Regulations Ordinance.

• Prior to use, the applicant must provide stamped sight distancesurvey showing that the driveway will meet AASHTO standardsfor intersection sight distance at this location.


There are no GDOT requirements that need to be addressed at this time.



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STAFF RECOMMENDATIONThe staff recommends APPROVAL CONDITIONAL of the zoning modification request. The staffrecommends that the conditions of Fulton County zoning case U89-83 be modified to be read as follows.Where these revisions conflict with the stipulations and offerings contained in the Letter of Intent, theseconditions shall supersede unless specifically stipulated by the Mayor and City Council.


a. To church accessory uses, including classes, counseling, and offices in the existing structure.Modifications to the existing structure will be limited to removal of the carport.

b. To confine the hours of operation for the permitted uses to between 8:00 AM and 10:00 PM.


a. To submit to the Director of Public Works for approval, prior to the approval of a LandDisturbance Permit, a revised Site Plan based on a certified boundary survey of the entire

property zoned, incorporating the stipulations of these conditions of zoning approval andmeeting or exceeding the requirements of the Zoning Resolution. To the site plan received bythe Department of Community Development on February 1, 2010. Said site plan is conceptualonly and must meet or exceed the requirements of the Zoning Ordinance, the DevelopmentStandards contained therein, and these conditions prior to the approval of a Land DisturbancePermit. The applicant shall be required to complete the concept review procedure prior toapplication for a Land Disturbance Permit. Unless otherwise noted herein, compliance with allconditions shall be in place prior to the issuance of a Certificate of Occupancy.

b. To submit to the Director of Public Works for his approval, prior to any defoliation or alterationof the site, a Land Disturbance application which shall include a grading plan including

phasing, a hydrological study, a separate soil sedimentation and erosion control plan, andproposed provisions for permanent, storm water retention and the method of continuingmaintenance of these facilities.

c. To submit to the Director of Public Works for his approval, prior to the approval of a LandDisturbance Permit, a detailed landscape and/or tree protection plan for all required buffers,landscape strips, and tree protection zones. Said landscaping for each phase of developmentshall be in place within 90 days after the issuance of a Certificate of Occupancy or theconnection of permanent power for the final phase of the development.

d. To submit to the Director of Public Works for his approval, prior to the subdivision of any

parcel zoned pursuant to this petition, a copy of all easement agreements for shared parkingand access.


a. No more than 1 exit/entrance on Spalding Drive for emergency and residential use only -Curb cut location and alignment are subject to the approval of the Fulton County TrafficEngineer Director of Public Works.

b. No thoroughfare access between Spalding Drive and Roberts Drive in Dekalb County.



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c. No roof or billboard signs are permitted.

d. No structure on the subject site will be located across the boundary line separating Fulton theCity of Sandy Springs and Dekalb County the City of Dunwoody.

e. All parking shall be located to the rear of the existing structure, and shall be limited to thenumber of spaces required for general office use in the existing structure.

f. No vehicular connection between the subject site and the adjacent church property, except foraccess to parking.

f. Provide a minimum 6 foot high, 100% opaque solid wooden fence or masonry wall forscreening purposes, subject to the approval of the Director of Planning and Economic Community Development, along the periphery of any new parking area; said fence/wall to belocated outside of any public right-of-way and interior to any required landscape strips and/orbuffers. The finished side of said fence/wall shall face the exterior property lines.

g. Maintain the existing chain-link fence surrounding the subject site.

h. No project identification signage adjacent to Spalding Drive.

i. Security lighting in parking areas or structures adjacent to property zoned for residential usesshall not exceed three (3) feet in height and shall be designed, located and installed in such away as to screen the light source from adjacent residential property and to direct light solelyonto the parking area or structure on which it is located; nor shall such lighting devises beilluminated before or after the hours of operation defined in condition l.b.

j. The existing swimming pool shall be filled in and/or permanently dismantled.

4. To the owner's agreement to abide by the following requirements, dedications, and improvements:

a. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval ofa Land Disturbance Permit sufficient land as necessary to provide the following rights-of-way,and dedicate at no cost to Fulton County such additional right-of-way as may be required toprovide at least 10.5 feet of right-of-way from the back of curb of all abutting roadimprovements, as well as allow the necessary construction easements while the rights-of-wayare being improved:

30 feet from centerline of Spalding Drive.

a. The owner/developer shall dedicate forty (40) feet of right-of-way from centerline of Riverside

Drive Road along the entire property frontage or ten and one-half (10.5) feet from back of curb,whichever is greater, to the City of Sandy Springs.

b. Improve the following roadways along the entire property frontage from the center of road toback of curb as follows:

14. 5 feet from centerline of Spalding Drive

b. Maintain the existing 12.5 feet of improvement along the entire property frontage from thecenter of the road to the back of the curb along Spalding Drive (M91-038).



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c. Design required on-site storm water detention facilities such that they are not located withinany required buffers, landscape strips or on required parking and loading areas.


a. To contact the Director of Public Works City Arborist, prior to the application for a LandDisturbance Permit, to arrange with the County Arborist an on-site evaluation of existingspecimen trees/stands, buffers, and tree protection zones within the property boundaries.

b. To maintain as a minimum, the tree density requirements as prescribed by the Fulton CountyCity of Sandy Springs Tree Preservation Conservation Ordinance Administrative Guidelines,either through the retention of existing trees, or tree replacement in perpetuity.

c. Vehicular access between Spalding Drive and Roberts drive shall be closed via physical barrieror gate to disallow through traffic, with exception of emergency vehicle and Counseling Centerpersonnel vehicles, between Spalding Drive and Roberts Drive on Monday through Friday from6-9 a.m. and 4-7 p.m.

d. The subject driveway shall be used for exit/egress only as a part of all Sunday church services.

e. The subject driveway shall be upgraded to meet all City standards for an institutional use perthe Development Regulations Ordinance.

f. Prior to use of the subject driveway as proposed and conditioned, the applicant shall providestamped sight distance survey showing that the driveway will meet AASHTO standards forintersection sight distance at this location.

g. The owner/developer shall contract a police officer to direct traffic at the subject driveway onSpalding Drive as determined necessary by the Director of Community Development.

h. To reduce the distance between building and residential districts from the required 100 feet to34 feet (west boundary) (V89-182).

i. To reduce the distance between building and residential districts from the required 100 feet to82 feet (north-easterly boundary); Property having frontage 200 feet along the southeasterly sideof Spalding Drive, beginning 1136.85 feet southwesterly from the intersection of thesouthwesterly side of Spalding Drive with the southwesterly side of Roberts Drive and runningsouthwesterly and containing 2 acres and being in land lot 384 of the 6th district, Fulton County,Georgia (V89-182).

Attachments Letters of Intent dated received February 1, 2010 and March 30, 2010Site Plan(s) received February 1, 2010Letter Fulton County Dept. of the Environment & Community Development received March 9, 2010Letter City of Atlanta Department of Watershed Management received March 9, 2010Letters of support received February 9, 2010 and March 10, 2010Letter of opposition received February 23, 2010




DT 3.30.10 Page 1 of 19

Zoning Modification Petition No. ZM10-002

HEARING & MEETING DATESCommunity Zoning Information Meeting Mayor and City Council Hearing

February 23, 2010 April 20, 2010APPLICANT/PETITIONER INFORMATIONProperty Owners Petitioner Representative

SSC Abernathy, L.P., a GeorgiaLimited Partnership

Coro Realty Advisors, LLCWilliam Woodson Galloway,

Esq.


6690 Sunny Brook LaneLand Lot 87, District 17

Council District 3

Frontage and Area920 feet of frontage along the north side of Abernathy Road and 315 feet of frontagealong the west side of Sunny Brook Lane. The subject properties have a total area of

12.62 acres (549,727.2 square feet). Existing Zoning and Use

C-1 (Community Business District) under Fulton County zoning case Z86-200,currently developed with a shopping center.


Living-Working Community (LWC), Node 10: Intersection of Abernathy Road andRoswell Road.

Proposed Use Shopping CenterINTENT

MODIFICATION OF CONDITION 3.S. OF PETITION Z86-200 (APPROVED BY THE FULTONCOUNTY BOARD OF COMMISSIONERS ON NOVEMBER 5, 1986).

The applicant is requesting a zoning modification to the conditions of Fulton County zoning case Z86-200 asfollows:

1. To modify condition 3.s. of petition Z86-200 to: The hours of operation of any business located withinthe 35,987 square foot portion of the main building, which is adjacent to the north property line, shallbe limited to between 7:00 a.m. and 11:00 p.m. The hours of operation of any business located withinthe 60,642 square foot portion of the main building, which is adjacent to the west property line, shallbe limited to between 5:00 a.m. and 11:00 p.m.


ZM10-002 – APPROVAL CONDITIONAL



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Location Map



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BACKGROUNDThe site is located at the intersection of Abernathy Road, Roswell Road, and Sunny Brook Lane. Theproperty is zoned C-1 (Community Business District) under Fulton County zoning case Z86-200. UnderZ86-200, the subject shopping center is restricted by the following conditions:


a. Retail and service commercial and accessory uses at a maximum density of 9,862 square

feet of total floor area per acre zoned or a total floor area of 135,000 square feet, butexcluding fast food restaurants with drive-through service, service stations andcommercial amusements, to be contained within 2 buildings. The Main Buildingcontaining 99,000 square feet, more or less, and a specialty building containing 36,000square feet, more or less.

b. Limit the height of the buildings to no more than 2 stories.


a. To the Site Plan received by the Zoning Department on 11/5/86 and to submit to the

Director of Public Works for his approval, prior to the approval of a Land DisturbancePermit, a revised Site Plan based on a certified boundary survey of the property,incorporating the stipulations of these conditions of zoning approval and meeting orexceeding the requirements of the Zoning Resolution.

b. To submit to the Director of Public Works for his approval, prior to any defoliation oralteration of the site, a Land Disturbance application which shall include a grading planincluding phasing, a hydrological study, a separate soil sedimentation and erosion controlplan, and proposed provisions for permanent storm water retention and the method ofcontinuing maintenance of these facilities.

c.

To submit to the Director of Public Works for his approval, prior to the approval of a LandDisturbance Permit, a detailed landscape plan for all required landscape strips. Saidlandscaping for each phase of development shall be in place within 90 days after theissuance of a Certificate of Occupancy or the connection of permanent power for eachphase provided, however, that all landscaping shall be in place prior to the issuance of aCertificate of Occupancy or the connection of permanent power for the final phase of thedevelopment.


a. Provide a landscaped area, undisturbed except for approved access, utility crossings,improvements and replantings where sparsely vegetated, adjacent to the followingproperty lines and in the widths shown and subject to the approval of the Fulton CountyArborist and the Director of Planning and Economic Development (the width of buffersshall be measured from the limits of construction for existing and proposed publicroadways as applicable):

50 feet wide on the west and north property lines except on the northeast corner as shownon the site plan referenced in 2.a.



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b. Provide a minimum 75 foot building setback from the north and west property lines asindicated on the site plan referenced in condition 2.a.

c. Provide a 20 foot wide landscape strip outside of the new dedicated right-of-way of SunnyBrook Lane to be planted with plant material which will attain a height of 6 feet in 2 years,subject to the approval of the Fulton County Arborist.

d. Provide a landscape strip adjacent to the following property lines in the widths shown:

10 feet wide outside the newly dedicated right-of-way of Abernathy Road.

10 feet wide on the southeast property lines adjacent to the Fulton County ownedproperty.

e. Provide an 8 foot high fence or wall for security and visibility subject to the approval ofthe Director of Planning and Economic Development along the entire length of the westand north property lines (except for approved access crossings), said improvements to belocated outside of any public right-of-way and interior to required buffers or landscapeareas.

f. Any exterior illumination on the site shall not exceed 1.2 footcandles on any property lineadjacent to a residential use or zoning district, nor will the light source be directly visiblefrom adjoining residential properties. Any lighting fixture located within 160 feet of thenorth property line shall be no higher than 3 feet.

g. No more than 3 exit /entrances (2 public and 1 private) on Abernathy Road, publicentrances to be located at least 275 feet from centerline to centerline of each other.

h. No exit/entrances shall be allowed on Roswell Road or Sunny Brook Lane.

i.

The exterior of all concrete blocks shall be coated with an architectural treatment (e.g.,epoxy, stucco, brick veneer, etc.) or an alternate solution as may be approved by theDirector of Planning and Economic Development.

j. Limit the free-standing project identification signage on the entire property to no morethan two double-faced monument signs adjacent to Abernathy Road, one having no morethan 60 square feet of surface area per face and the second having no more than 20 squarefeet of surface area per face, and further each not to exceed a height of 15 feet fromfinished grade measured from the base of the sign structure.

k. No roof signs are permitted.

l. Provide landscape islands throughout the parking areas, including a minimum 10 footwide landscape island at the end of each parking bay and a minimum 5 foot widelandscape island for each 225 feet of continuous bay length.

m. To provide and maintain off-street parking on the subject property during the entireconstruction period.

n. To prohibit any outdoor paging/loudspeaker system.

o. All trash receptacles shall be located at least 100 feet from the north and/or west property



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lines and shall be screened with a minimum 6 foot high 100 percent opaque fence or othervisual barrier as may be approved by the Director of Planning and EconomicDevelopment. Trash pickup will be limited to 9:00 a.m. to 6:00 p.m., Monday throughFriday.

p. Storm water retention shall be provided in accordance with Fulton County EngineeringDepartment standards and will meet or exceed the requirements of the Fulton CountyStorm Water Retention Ordinance and will not be contained in the 50-foot landscape

buffer area shown on said plat.

q. Provisions shall be made for the permanent maintenance of all landscaped setbacks andother landscaped areas and a copy of those provisions shall be submitted to theHomeowners.

r. Deliveries will be limited to between the hours of 8:00 a.m. and 6:00 p.m., Mondaythrough Saturday.

s. The hours of operation in the Main Building of the shopping center closest to the northand the west property line, shall be limited from 7:00 a.m. to 11:00 p.m.

t. Any on-premises sale of liquor will be ancillary to the service of food. The Main Buildingshall contain not more than 6,000 net leasable square feet of restaurant space.

4. To the owner's agreement to abide by the following requirements, dedications andimprovements:

a. Dedicate at no cost to Fulton County prior to the approval of a Land Disturbance Permitthe following rights-of-way, and dedicate at no cost to Fulton County such additionalright-of-way as may be required to provide at least 10.5 feet of right-of-way from the backof curb of all abutting road improvements, as well as allow the necessary construction

easements while the rights-of-way are being improved:

55 feet from center line of Roswell Road.

55 feet from centerline of Abernathy Road.

40 feet from centerline of Sunny Brook Lane.

b. Improve the following roadways along the entire property frontage from the center ofroad to back of curb as follows:38 feet from centerline of Abernathy Road to the easternmost curb cut and 26 feet alongthe remainder of the frontage.

45 feet from centerline of Roswell Road.

c. Owner agrees to pay up to $276,000 for the following improvements along the propertyand to the intersection of Roswell and Abernathy Road within the existing right-of-way:

(i) Provide an additional west bound lane on Abernathy Road from the intersection ofRoswell Road to Wright Road;

(ii) Provide an additional and exclusive right turn lane from Sunny Brook Lane along



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DT 3.30.10 Page 6 of 19

Roswell Road to Abernathy Road;

(iii) Reconstruct the island located at the intersection of Roswell and Abernathy Road toallow for an additional lane on Abernathy Road through the intersection;

(iv) Provided existing right-of-way is sufficient, to provide an exclusive right turn lanealong the Western Electric property onto northbound Roswell Road;

(v) Provide deceleration lanes for a distance of 200 feet and a 50 foot taper from all projectentrances;

(vi) To provide 2 left turn lanes from westbound Abernathy onto northbound RoswellRoad, provided, the approval of Fulton County is obtained.

d. Connect to metropolitan water and public sanitary sewer available to the site as well aspay all required tap-on fees, front footage assessments and the pro-rated share of the costof public utility extensions and the cost of the Marsh Creek sewer relief system asdetermined by the Department of Public Works.

e. Provide designated fire lanes adjacent to all structures and provide water mains, firehydrants and access for fire-fighting equipment as required by the Fulton County FireDepartment.

f. Design required on-site storm water detention facilities such that they are not locatedwithin any required buffers, landscape strips or on required parking areas or as may beapproved by the Director of Public Works.

g. Construct sidewalks along entire property frontages on Roswell Road, Abernathy Roadand Sunny Brook Lane. Said sidewalks shall be in place prior to the issuance of aCertificate of Occupancy or the connection of permanent power for the development.


a. To contact the Director of Public Works prior to the submittal of a revised site plan, toarrange with the County Arborist an on site evaluation of existing specimen trees/stands,or tree protection zones within the landscaped areas.

b. To provide such plans and documents as may be found necessary to locate all specimentrees/stands, or tree protection zones within landscape area boundaries for theimplementation of a tree protection plan.



ZM10-002


DT 3.30.10 Page 7 of 19


SUBJECTPETITIONZM10-002


(Acres)


Units



Sandy Springs Crossing ShoppingCenter (Tract “A”)

12.62 138,421 10,968 SF/acre


subjectproperty

Zoning UseLand Area

(Acres)


Units



North R-3 Stone Mill Trace, SD 2.50 4 units 1.60 UPA

North & East R-3Sunny BrookMeadows, SD

1.95 4 units 2.05 UPA

SouthC-1

conditional

Z96-074

Sandy Springs VillageShopping Center

5.30 58,150 SF 10,972 SF/acre

SouthAbernathyGreenway

Linear ParkPark _____ _______ ___________

WestAbernathyGreenway

Linear ParkPark _____ _______ ___________

West R-36715 thru 6675 Wright

Rd.2.07 5 units 2.42 UPA



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Zoning Map



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Future Land Use Map



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Subject PropertySubject Property looking south along the western

property line

Subject Property looking west Subject Property looking northwest



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East of Subject Property (up Abernathy Rd.) Southeast of Subject Property (Abernathy Square)

South of Subject Property (Sandy Springs Village) Sign



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Sign

APPLICANT’S INTENT The applicant is requesting a zoning modification to the conditions of Fulton County zoning case Z86-200 afollows:

1. To modify condition 3.s. of petition Z86-200 to: The hours of operation of any business located within th35,987 square foot portion of the main building, which is adjacent to the north property line, shall blimited to between 7:00 a.m. and 11:00 p.m. The hours of operation of any business located within th60,642 square foot portion of the main building, which is adjacent to the west property line, shall blimited to between 5:00 a.m. and 11:00 p.m.

The applicant intends to operate a business within the 60,642 square foot portion of the main buildingwhich is adjacent to the west property line, between hours of 5:00 a.m. and 11:00 p.m.

The staff is of the opinion that the applicant’s request to operate a business within the 60,642 square foot portion othe main building, which is adjacent to the west property line, between hours of 5:00 a.m. and 11:00 p.m. would nadversely affect adjacent or nearby properties because certain business activities, including deliveries and trash picup, would be restricted behind the Main Building(s), adjacent to the northern and western property lines. The stahas received notice or letters of opposition from the adjacent neighbors expressing concerns over the following:

a. Limiting the new requested hours of operation to a certain area/unit within the western buildinand to a certain business.

b. Limiting the use of the area behind the Main Building, including western building, in addition tthe current conditions restricting deliveries and trash pick-up.

NOTE: Item ‘a.’ above has not been addressed by the applicant and is not been addressed in the Staff RecommendeConditions. Item ‘b.’ above has not been addressed by the applicant; however, the Staff Recommended Conditionaddresses this concern. Therefore, the staff recommends APPROVAL of this modification request.



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DEPARTMENT COMMENTSThe staff held a Focus Meeting on March 3, 2010 at which the following departmental comments wereprovided:

The staff has not received any additional comments from the Fulton County Board of Education or theFulton County Emergency Services Department.

B U I L D I N G A N D

D E V E L O P M E N T D I V I S I O

N


The Building Department has no comments on the items from the3/3/10 focus meeting.

Sandy SpringsDevelopment PlanReview Engineer

There are no engineering requirements that need to be addressed at thistime.


There are no landscape requirements that need to be addressed at thistime.

F I R E D E P T .


No fire hydrants are shown on the building site. Refer to 120-3-3,modification to the 2006 IFC, “508.5.1 Where required. Where a portion ofthe facility or building hereafter constructed or moved into or within the jurisdiction is more than 500 feet (152 m) from a hydrant on a fireapparatus access road, as measured by an approved route around theexterior of the facility or building, on-site fire hydrant mains shall beprovided where required by the local Fire Chief and /or Fire CodeOfficial of the responding fire department or agency.“Exceptions:

“1. For group R-3 and Group U occupancies, the distance requirement

shall be 600 feet (183 m).“2. For buildings equipped throughout with an approved automaticsprinkler system installed in accordance with Section 903.3.1.1 or903.3.1.2, the distance requirement shall be 600 feet (183 m).”

T R

A N S P O R T A T I O N


Public Works does not anticipate that the proposed zoning modificationwill cause an excessively burdensome use of existing streets ortransportation facilities.

Georgia Department

of Transportation See attached letter from the Georgia Department of Transportation



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DT 3.30.10 Page 15 of 19

STAFF RECOMMENDATIONThe staff recommends APPROVAL CONDITIONAL of the zoning modification request. The staffrecommends that the conditions of Fulton County zoning case Z86-200 be modified to be read as follows.Where these revisions conflict with the stipulations and offerings contained in the Letter of Intent, theseconditions shall supersede unless specifically stipulated by the Mayor and City Council.


a. Retail and service commercial and accessory uses at a maximum density of 9,862 square feet oftotal floor area per acre zoned or a total floor area of 135,000 square feet, but excluding fast foodrestaurants with drive-through service, service stations and commercial amusements, to becontained within 2 buildings. The Main Building containing 99,000 square feet, more or less,and a specialty building containing 36,000 square feet, more or less.

b. Limit the height of the buildings to no more than 2 stories.


a. To the Site Plan received by the Zoning Community Development Department on 11/5/86

February 1, 2010 and to submit to the Director of Public Works for his approval, prior to theapproval of a Land Disturbance Permit, a revised Site Plan based on a certified boundarysurvey of the property, incorporating the stipulations of these conditions of zoning approvaland meeting or exceeding the requirements of the Zoning Resolution.

b. To submit to the Director of Public Works for his approval, prior to any defoliation or alterationof the site, a Land Disturbance application which shall include a grading plan includingphasing, a hydrological study, a separate soil sedimentation and erosion control plan, andproposed provisions for permanent storm water retention and the method of continuingmaintenance of these facilities.

c.

To submit to the Director of Public Works for his approval, prior to the approval of a LandDisturbance Permit, a detailed landscape plan for all required landscape strips. Saidlandscaping for each phase of development shall be in place within 90 days after the issuance ofa Certificate of Occupancy or the connection of permanent power for each phase provided,however, that all landscaping shall be in place prior to the issuance of a Certificate ofOccupancy or the connection of permanent power for the final phase of the development.


a. Provide a landscaped area, undisturbed except for approved access, utility crossings,improvements and replantings where sparsely vegetated, adjacent to the following propertylines and in the widths shown and subject to the approval of the Fulton County City Arboristand the Director of Planning and Economic Community Development (the width of buffersshall be measured from the limits of construction for existing and proposed public roadways asapplicable):

50 feet wide on the west and north property lines except on the northeast corner asshown on the site plan referenced in 2.a.

b. Provide a minimum 75 foot building setback from the north and west property lines asindicated on the site plan referenced in condition 2.a.



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c. Provide a 20 foot wide landscape strip outside of the new dedicated right-of-way of SunnyBrook Lane to be planted with plant material which will attain a height of 6 feet in 2 years,subject to the approval of the Fulton County City Arborist.

d. Provide a landscape strip adjacent to the following property lines in the widths shown:

10 feet wide outside the newly dedicated right-of-way of Abernathy Road.

10 feet wide on the southeast property lines adjacent to the Fulton County or Cityowned property.

e. Provide an 8 foot high fence or wall for security and visibility subject to the approval of theDirector of Planning and Economic Community Development along the entire length of thewest and north property lines (except for approved access crossings), said improvements to belocated outside of any public right-of-way and interior to required buffers or landscape areas.

f. Any exterior illumination on the site shall not exceed 1.2 footcandles on any property lineadjacent to a residential use or zoning district, nor will the light source be directly visible from

adjoining residential properties. Any lighting fixture located within 160 feet of the northproperty line shall be no higher than 3 feet.

g. No more than 3 exit /entrances (2 public and 1 private) on Abernathy Road, public entrances tobe located at least 275 feet from centerline to centerline of each other.

h. No exit/entrances shall be allowed on Roswell Road or Sunny Brook Lane.

i. The exterior of all concrete blocks shall be coated with an architectural treatment (e.g., epoxy,stucco, brick veneer, etc.) or an alternate solution as may be approved by the Director ofPlanning and Economic Community Development.

j. Limit the free-standing project identification signage on the entire property to no more than twodouble-faced monument signs adjacent to Abernathy Road, one having no more than 60 squarefeet of surface area per face and the second having no more than 20 square feet of surface areaper face, and further each not to exceed a height of 15 feet from finished grade measured fromthe base of the sign structure.

k. No roof signs are permitted.

l. Provide landscape islands throughout the parking areas, including a minimum 10 foot widelandscape island at the end of each parking bay and a minimum 5 foot wide landscape islandfor each 225 feet of continuous bay length.

m. To provide and maintain off-street parking on the subject property during the entireconstruction period.

n. To prohibit any outdoor paging/loudspeaker system.

o. All trash receptacles shall be located at least 100 feet from the north and/or west property linesand shall be screened with a minimum 6 foot high 100 percent opaque fence or other visualbarrier as may be approved by the Director of Planning and Economic CommunityDevelopment. Trash pickup will be limited to 9:00 a.m. to 6:00 p.m., Monday through Friday.



ZM10-002


DT 3.30.10 Page 17 of 19

p. Storm water retention shall be provided in accordance with Fulton County the City’s ChiefEngineering Department standards and will meet or exceed the requirements of the FultonCounty City’s Storm Water Retention Ordinance and will not be contained in the 50-footlandscape buffer area shown on said plat.

q. Provisions shall be made for the permanent maintenance of All required landscaped setbacksand other landscaped areas and zoning buffers and a copy of those provisions shall be

submitted to the Homeowners maintained as approved by the City Arborist.

r. Deliveries will be limited to between the hours of 8:00 a.m. and 6:00 p.m., Monday throughSaturday.

s. The hours of operation of any business located within the 35,987 square foot portion of the mainbuilding, which is adjacent to the north property line, shall be limited to between 7:00 a.m. and11:00 p.m. The hours of operation of any business located within the 60,642 square foot portionof the main building, which is adjacent to the west property line, shall be limited to between5:00 a.m. and 11:00 p.m.

t. Any on-premises sale of liquor will be ancillary to the service of food. The Main Building shallcontain not more than 6,000 net leasable square feet of restaurant space.

4. To the owner's agreement to abide by the following requirements, dedications and improvements:

a. Dedicate at no cost to Fulton County the City of Sandy Springs prior to the approval of a LandDisturbance Permit the following rights-of-way, and dedicate at no cost to Fulton County theCity such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessaryconstruction easements while the rights-of-way are being improved:

55 feet from center line of Roswell Road.

55 feet from centerline of Abernathy Road.

40 feet from centerline of Sunny Brook Lane.

b. Improve the following roadways along the entire property frontage from the center of road toback of curb as follows:

38 feet from centerline of Abernathy Road to the easternmost curb cut and 26 feetalong the remainder of the frontage.

45 feet from centerline of Roswell Road.

c. Owner agrees to pay up to $276,000 for the following improvements along the property and tothe intersection of Roswell and Abernathy Road within the existing right-of-way:

(i) Provide an additional west bound lane on Abernathy Road from the intersection ofRoswell Road to Wright Road;

(ii) Provide an additional and exclusive right turn lane from Sunny Brook Lane along RoswellRoad to Abernathy Road;



ZM10-002


DT 3.30.10 Page 18 of 19

(iii) Reconstruct the island located at the intersection of Roswell and Abernathy Road to allowfor an additional lane on Abernathy Road through the intersection;

(iv) Provided existing right-of-way is sufficient, to provide an exclusive right turn lane alongthe Western Electric property onto northbound Roswell Road;

(v) Provide deceleration lanes for a distance of 200 feet and a 50 foot taper from all project

entrances;

(vi) To provide 2 left turn lanes from westbound Abernathy onto northbound Roswell Road,provided, the approval of Fulton County the City is obtained.

d. Connect to metropolitan water and public sanitary sewer available to the site as well as pay allrequired tap-on fees, front footage assessments and the pro-rated share of the cost of publicutility extensions and the cost of the Marsh Creek sewer relief system as determined by theDepartment of Public Works.

e. Provide designated fire lanes adjacent to all structures and provide water mains, fire hydrants

and access for fire-fighting equipment as required by the Fulton County City’s Fire Department.

f. Design required on-site storm water detention facilities such that they are not located withinany required buffers, landscape strips or on required parking areas or as may be approved bythe Director of Public Works.

g. Construct sidewalks along entire property frontages on Roswell Road, Abernathy Road andSunny Brook Lane. Said sidewalks shall be in place prior to the issuance of a Certificate ofOccupancy or the connection of permanent power for the development.


a. To contact the Director of Public Works City Arborist prior to the submittal of a revised siteplan, to arrange with the County Arborist an on site evaluation of existing specimentrees/stands, or tree protection zones within the landscaped areas.

b. To provide such plans and documents as may be found necessary to locate all specimentrees/stands, or tree protection zones within landscape area boundaries for the implementationof a tree protection plan.

c. Activity involving direct interaction with the paying customers of all shopping centerbusinesses shall be prohibited behind the Main Building(s), adjacent to the northern andwestern property lines.



ZM10-002


DT 3.30.10 Page 19 of 19

Attachments

Letter of Intent dated received February 1, 2010Site Plan received February 1, 2010Letter Fulton County Dept. of the Environment & Community Development received March 9, 2010Letter City of Atlanta Department of Watershed Management received March 9, 2010GDOT letter received March 24, 2010Letters of opposition received March 10, 2010



Page 1 of 2

To: Honorable Mayor and City Council Members

From: John McDonough, City Manager

By: Nancy J. Leathers, AICP, Director, Community Development Department Date: April 13, 2010

For: April 20, 2010 Regular Meeting

Agenda Item:

Application for Department of Community Affairs Opportunity Zone Program

CMO (CITY MANAGER’S OFFICE) RECOMMENDATION

Approve City’s application for DCA Opportunity Zone Program and adopt the South RoswellRoad/I-285 Corridor Redevelopment Plan.

BACKGROUND

Georgia Department of Community Affairs Rule 110-24-1 establishes participation requirementsfor the Opportunity Zone Job Tax Credit Program. Within areas in need of redevelopment andrevitalization, the state will allow enhanced job tax credits per O.C.G.A. §48-7-40.1(c)(4), whichincludes the following:

1. A $3,500 state job tax credit (the maximum allowed by law);2. The use of job tax credits against 100 percent of the business state income tax liability and

withholding;3. The use of the state tax credit by all lawful businesses of any nature; and

4. The lowering of the job creation threshold to two jobs.

To qualify as an Opportunity Zone, the boundaries of a zone must be:

1. In or adjacent to a Census Block Group with a poverty rate of 15 percent or greater;2. In a state enterprise zone or within the boundaries of a local redevelopment area adopted

according to Georgia Code Title 36 Chapter 61; and3. In the opinion of the DCA Commissioner, the redevelopment area displays pervasive

poverty, underdevelopment, general distress and blight.

DISCUSSION

Documents required to apply for the Opportunity Zone Job Tax Credit Program have beenprepared; however, the proposed Opportunity Zones are not located within the boundaries of astate enterprise zone. Therefore, a redevelopment plan must be adopted to apply for theprogram. The South Roswell Road/I-285 Corridor Redevelopment Plan has been prepared forCouncil review to meet this requirement. A map showing the renewal area boundary and theindividual Opportunity Zone parcels has been provided. It is important to note that the entirerenewal area is not an Opportunity Zone-only those parcels highlighted may qualify. Summaryinformation on the benefits of participating in the program has also been included.



Opportunity Zone Job Tax Credit Program& South Roswell Rd./ I-285 Corridor

Redevelopment PlanCity of Sandy Springs

Community Development Department

7840 Roswell Rd., Bldg. 500


www.sandyspringsga.org

04.20.10

http://www.sandyspringsga.org/

http://www.sandyspringsga.org/



Opportunity Zone/Redevelopment Plan

April 6, 2010 item deferred

• Assess OZ/Redevelopment Plan

- Potential impact on property values

- Some vs. all conditions required by GA Redevelopment Law?

- Hold community information meeting

Community information meeting• Monday, April 12, 2010

• Approx. 60 residents

• Issues summarized

- Attachment to agenda item

- Two maps with revisions

- Crime data and map



Revised OZ/Redevelopment Area Map 1

Map revisions

• Deleted parcels

- Owner-occupied

- Condominium



Revised OZ/Redevelopment Map 2

Map revisions

• Deleted parcels

- Below Glenridge Dr.

- Owner-occupied residential

- Condominiums



ConclusionQuestions/Comments



To: John McDonough, City Manager

From: Ronnie Young, Recreation & Parks Director

Cecil McClendon, Assistant City Attorney

Date: April 6, 2010 for Submission onto the April 20, 2010 City Council Regular MeetingAgenda

Description: Intergovernmental Rental Agreement with the Board of Regents of theUniversity System of Georgia, for the Georgia Institute of Technology’sCanoe/Kayak Club.

CMO (City Manager’s Office) Recommendation:

The City Council to consider an Intergovernmental Rental Agreement with the Board of Regents

University System of Georgia, allowing the Georgia Institute of Technology Canoe/Kayak Club tohouse boats/kayaks at Overlook Park Boathouse and use the City dock for the club’s launch

facility.

Background:

The Georgia Institute of Technology Canoe/Kayak Club has requested that the City allow theirclub to house their boats and use the docks to conduct club practice in the Bull Sluice, which ispart of the Chattahoochee River.

Discussion:

Allowing the Georgia Institute of Technology Canoe/Kayak Club to house their boats and conduct

activity from the park will ensure that responsible adults will be on site part time, to deter crime inthe park and draw visitors to see the boating activities. The Club can also assist park crews with

maintenance of the park and provide classes for citizens wishing to learn Canoeing and

Kayaking.

Alternative:

Not allow the Club to use the park as their activity area.

Financial Impact:

It is not proposed that the City receive monthly fees from the club, however under the lease,

cleaning costs will be reduced by having the club assist with clean up.

Final Impact:

The Intergovernmental Rental Agreement with Georgia Institute of Technology Canoe/Kayak

Club will allow the club to use Overlook Park as their training site and will increase leisure

opportunities for our citizens and provide a positive impact on the City of Sandy Springs quality of

life.



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No. ____of _____ Executed Original Counterparts.Counterpart 0f ________________________.

STATE OF GEORGIA;

COUNTY OF FULTON:

INTERGOVERNMENTAL RENTAL AGREEMENT

THIS INTERGOVERNMENTAL RENTAL AGREEMENT, hereinafter referred to as"Agreement", is made and entered into effective of the _____day of ______________ , ________,hereinafter referred to as "the date hereof", by and between the CITY OF SANDY SPRINGS,

GEORGIA, a municipal corporation, whose address for purposes of this Agreement is7840 Roswell Road, Building 500, Sandy Springs, Georgia 30350, Party of the First Part,

hereinafter referred to as “Landlord”, and the BOARD OF REGENTS OF THE UNIVERSITYSYSTEM OF GEORGIA, whose address for purposes of this Agreement is 270 WashingtonStreet, Sixth Floor, Atlanta, Georgia 30334, Party of the Second Part, hereinafter referred to as“Tenant,” for the use and benefit of Georgia Institute of Technology, a unit of the UniversitySystem of Georgia, hereinafter referred to as “Institution.”

W I T N E S S E T H T H A T :

WHEREAS, Landlord is the owner of certain improved real property, hereinafter referred toas the “Premises” and more particularly described in that certain legal description markedEXHIBIT "A" attached hereto; and

WHEREAS, Institution, as an adjunct to its educational degree programs, operates acanoe/kayak club, the “Program” and thus requires a facility from which to store boats and otherrelated equipment necessary for the Program; and

WHEREAS, Institution has determined the Premises are suitable for the purpose of theProgram; and

WHEREAS, Landlord has duly authorized and approved this rental of transaction at itsregular meeting on _____________________________________________; and

WHEREAS, the Tenant has by proper resolution duly approved this transaction at its regularmeeting on _____________________________________________; and

WHEREAS, Landlord and Tenant are empowered to enter into this agreement pursuant to1983 Ga. Const. Art. IX, Sec. III, Para. I, as an intergovernmental agreement not exceeding 50years;

NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR(S) ($1.00) andfor other good and valuable consideration, in hand paid at and before the execution and delivery of



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these presents, the receipt and sufficiency of which are hereby acknowledged, the parties agree asfollows:

1.PROPERTY RENTED

For and in consideration of the mutual promises and of the terms and conditions hereinafter

set forth to be kept by Tenant, Landlord hereby grants and rents the Premises unto Tenant, andTenant does hereby take and hire the Premises from Landlord, on the promises and on the termsand conditions hereinafter set forth. This Agreement creates the relationship of Landlord andTenant between the parties hereto, and no estate shall pass from Landlord to Tenant under thisAgreement. Tenant has, by virtue of this Agreement, only a usufruct as that word is set forth andused in O.C.G.A. Ch. 44-7.

2.TERM AND EXTENSIONS

2.1 This Agreement shall be for the Term beginning on the date hereof and ending at 11:59 p.m.,

prevailing legal time in Atlanta, Georgia, on December 31, 2010, (the Initial Termination Date)unless sooner terminated as hereinafter provided.

2.2 Should Tenant cease to operate the Program on the Premises for a period of sixty (180) days,or be otherwise abandoned, this Agreement is hereby terminated.

2.3 This Agreement shall automatically renew for up to six (6) one year terms unless Landlordprovides Tenant written notice of intent not to renew the Agreement not less than ninety (90) daysprior to the termination of the current term in which case the Agreement shall terminate.

3.

RENT

Tenant agrees to pay Landlord, at the above-stated address, or at such other address oraddresses as may be designated in writing from time to time by Landlord, a total fixed annual rentalequal to $600.00 payable on the date hereof for the Term. In the event the Term is extended, the forthe Extended Term and each successive Extended Term, Tenant shall at the beginning thereof payLandlord a total fixed annual rental equal to $600.00 for each year of such Extended Term.

4.OCCUPANCY AND USE OF PREMISES

Tenant shall occupy the Premises continuously throughout the term of this Agreement andwill not desert, surrender, abandon or cease using the Premises during the term of this contract.Tenant shall use the Premises solely for the purposes herein set forth and for the purpose of fulfillingthe requirements of the Program or other purposes of Tenant or the Institution. Tenant's use of thePremises shall be subject to and in accordance with the existing and future rules, regulations, andpolicies of Landlord. Without limitation of the foregoing, Tenant shall not: (a) use the Premises forany illegal purpose, or for any purpose inimical to the health, safety and welfare of the public; (b)commit, or suffer to be committed, any waste in or on the Premises; or (c) create, or permit to becreated, any nuisance in or on the Premises.



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available to Third Parties without the express written consent of Landlord; provided however, it isacknowledged that current Program members of the Canoe/Kayak Club at Georgia Tech may accessthe facilities.

11.COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAW

Tenant warrants and represents that it will, at all times, observe and comply with all federal,state, local and municipal ordinances, rules, regulations, permitting, relating to the Premises or whichin any manner affect this Agreement including but not limited to the requirements set forth in theGeorgia Security and Immigration Compliance Act attached hereto as Exhibit “C,” Certification of Sponsor Drug Free Workplace Exhibit “D,” and SAVE Affidavit Exhibit “E.”

12.TRADE FIXTURES

Tenant may remove all of Tenant's personal property and Tenant's trade fixtures from the

Premises on or before the expiration or termination time and date of this Agreement. Tenant shallrepair all damage to the Premises resulting from the removal of Tenant's personal property andTenant's trade fixtures. Tenant agrees that all of Tenant's personal property and trade fixtures in oron the Premises are located there at Tenant's risk and Landlord shall not be liable for any damagethereto or loss thereof.

13.INSPECTION

For the purpose of inspecting the Premises and facilities, Tenant shall permit Landlord toenter in and on the Premises and within the facilities. No inspection, review or approval of plans of

Premises of Tenant by Landlord shall be deemed to be for Tenant's benefit or the Institution’sbenefit. Any such inspection, review, approval or other act by Landlord shall be deemed for theLandlord's own benefit and purposes only.

14.INSURANCE

14.1 Third Party Liability: The Tenant shall be responsible to the extent and coverage of theGeorgia Tort Claims Act, O.C.G.A. §50-21-20 et seq., from the time of the signing this agreement orfrom the effective date, whichever shall be later, for third party liability of any kind resulting from itsoccupancy or any construction work undertaken by Tenant or on Tenant’s behalf. Tenant shall be

responsible for obtaining insurance (including self-insurance) through commercial insurance or statecooperative insuring programs for its personal property and trade fixtures on the Premises in anamount set forth on Exhibit “F”. Landlord shall be responsible for providing insurance coveringthird party liability resulting from the acts or omissions of its officers and employees, and anylandowner liability not due to the acts or omissions of Tenant or Tenant’s officers, employees.

14.2 Fire and Hazard Insurance: The Landlord shall maintain a fire and all risks hazard insurancecoverage upon the improvements on the Premises.



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15.DEFAULT BY TENANT

If Tenant defaults in the performance or observance of any provision of this Agreementwhich is required to be kept by Tenant, notwithstanding whether such event of default be monetaryor nonmonetary in nature, and remains in default for thirty (30) calendar days after the date of

service of notice of such default by Landlord; Landlord may, but only during the continuance of suchdefault, proceed to terminate the Agreement and Tenant's rights thereunder.

16.NOTICES

All notices, statements, reports, demands, requests, consents, approvals, waivers andauthorizations, hereinafter collectively referred to as "notices," required by the provisions of thisAgreement to be secured from or given by either of the parties hereto to the other shall be in writing(whether or not the provision hereof requiring such notice specifies written notice: and the original of said notice shall be delivered either: (a) by hand delivery to the recipient party at such party's

address; or (b) sent by United States Certified Mail - Return Receipt Requested, postage prepaid andaddressed to the recipient party at such party's address. Any notice, hand delivered or so mailed, thetext of which is reasonably calculated to apprise the recipient party of the substance thereof and thecircumstances involved, shall be deemed sufficient notice under this Agreement. Either party heretomay from time to time, by notice to the other, designate a different person or title, or both if applicable, or address to which notices to said party shall be given.

17.TIME OF THE ESSENCE

Time is of the essence of this Agreement.

18.HOLDING OVER

Tenant shall not use and shall promptly vacate possession of the Premises upon the expirationor any termination of the term of this Agreement. Any holding over or continued use or occupancyof the Premises by Tenant after the expiration or termination of the term of this Agreement, withoutconsent of Landlord, shall not constitute a Tenancy-At-Will in Tenant, but Tenant shall be a Tenant-At-Sufferance and shall be required to vacate the Premises immediately without notice. There shallbe no renewal or extension of the term of this Agreement by operation of law and in no event,without a new written Agreement, shall the occupancy extend beyond 50 years.

19.NO JOINT VENTURE

Nothing contained in this Agreement shall make, or be construed to make, Landlord,Institution or Tenant partners in, of, or joint venturers with each other, nor shall anything containedin this Agreement render, or be construed to render, either Landlord or Tenant liable to a third partyfor the debts or obligations of the other.



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20.NON WAIVER

No failure at either party hereto to exercise any right or power given to said party under thisAgreement, or to insist upon strict compliance by the other party hereto with the provisions of this

Agreement, and no custom or practice of either party hereto at variance with the terms andconditions of this Agreement, shall constitute a waiver of either party's right to demand exact andstrict compliance by the other party hereto with the terms and conditions of this Agreement.

21.RIGHTS CUMULATIVE

All rights, powers and privileges conferred by this Agreement upon Landlord and Tenantshall be cumulative of, but not restricted to, those given by law.

22.

SEVERABILITY

If any provision of this Agreement, or any portion thereof, should be ruled void, invalid,unenforceable or contrary to public policy by any court of competent jurisdiction, then anyremaining portion of such provision and all other provisions of this Agreement shall survive and beapplied, and any invalid or enforceable portion shall be construed or reformed to preserve as such of the original words, terms, purpose and intent as shall be permitted by law.

23.BINDING EFFECT

Each of the terms and conditions of this Agreement shall apply, extend to, be binding upon,and inure to the benefit or detriment of the parties hereto and to their successors and assigns. Subjectto the foregoing, whenever a reference to the parties hereto is made, such reference shall be deemedto include the successors and assigns of said party, the same as if in each case specifically expressed.

24.INTERPRETATION

Should any provision of this Agreement require judicial interpretation, it is agreed anstipulated by and between the parties hereto that the court interpreting or construing the same shallnot apply a presumption that the provisions hereof shall be more strictly construed against one party

by reason of the rule of construction that an instrument is to be construed more strictly against theparty who prepared the same.

25.GEORGIA AGREEMENT

This Agreement shall be governed by, construed under, performed and enforced inaccordance with the laws of the State of Georgia.



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26.SECTION HEADINGS

The brief headings or titles preceding each section herein are merely for purposes of sectionidentification, convenience and ease of reference, and shall be completely disregarded in theconstruction of this Agreement.

27.COUNTERPARTS

This Agreement is executed in two (2) counterparts which are separately numbered but eachof which is deemed an original of equal dignity with the other and which is deemed on and the sameinstrument as the other.

28.SPECIAL STIPULATIONS

The Special Stipulations attached hereto as Exhibit “B” are incorporated by reference herein.In the event of any conflict between the provisions herein and the Special Stipulations, the SpecialStipulations shall control.

29.ENTIRE AGREEMENT

This Agreement supersedes all prior negotiations, discussions, statements and agreementsbetween Landlord and Tenant and constitutes the full, complete and entire agreement betweenLandlord and Tenant with respect to the Premises and Tenant's use and occupancy thereof; nomember, officer, employee, representative or agent of Landlord or Tenant has authority to make, or

has made, any statement, agreement, representation or contemporaneous agreement, oral or written,in connection herewith, amending, supplementing, modifying adding to, deleting from, or changingthe terms and conditions of this Contract. No modification of or amendment to this Contract shall bebinding on either party hereto unless such modification or amendment shall be properly authorized,in writing, properly signed by both Landlord and Tenant and incorporated in and by reference madea part hereof.

(Signatures on Following Page)



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IN WITNESS WHEREOF, Landlord and Tenant, acting by and through their duly authorizedrepresentatives, have caused these presents to be signed, sealed, and delivered all as of the datehereof.

LANDLORD:CITY OF SANDY SPRINGS, GEORGIA:

____________________________________By: Mayor Eva Galambos

Attest: ______________________________

(SEAL)

Approved as to form:

________________________City Attorney

TENANT:

BOARD OF REGENTS OF THE UNIVERSITYSYSTEM OF GEORGIA

By: ________________________________Vice Chancellor for Facilities

Attest: ________________________________Assistant Vice Chancellor for Facilities

(SEAL)



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EXHIBIT “A”

LEGAL DESCRIPTION

The Premises shall be limited to that certain northerly boathouse (closest to Bull Sluice Lake)delineated in red on that certain plat of survey set forth on Exhibit A-1. Premises shall furtherinclude only the right of access to the remainder of the park property in conformity with the terms of

this Agreement, and all existing and future laws, ordinances, rules, and regulations applicable to thepublic in general.



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EXHIBIT “B”

SPECIAL STIPULATIONS

1. Without prior written approval of Landlord, Tenant’s use of the parking lot of the Premisesshall be limited to 10 spaces at any one time.

2. Tenant shall be required to obtain written approval from the Recreation and Parks Directorprior to any use of the Premises for by the members of the Program and/or Canoe/ Kayak Clubinvolving more than 25 event attendees, including but not limited to practices, competitions, or anyevent whatsoever.

3. Tenant agrees that, in conjunction with direction of the City, it shall provide volunteers toconduct not less than four (4) quarterly park and river cleaning and debris and trash pickup projectsin the park area.

4. Tenant agrees to assist the City with an annual Canoe/Kayak Day at the park.

5. Tenant acknowledges that the primary use of the boat dock and park areas shall be for leisureand recreational use by the public and the activities of the Program and/or Canoe/ Kayak Club shallnot substantially interfere with such use unless preapproved in writing by the Recreation and ParksDirector.



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EXHIBIT “C”

CERTIFICATION OF CONTRACTOR

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

I hereby certify that I am a principle and duly authorized representative of _____________________________________________, (“Contractor”), whose address is__________________________________________________, __________________________,

___________________ _______.Contractor hereby agrees to comply with all applicable provisions and requirements of the

Georgia Security and Immigration Compliance Act of 2006 (the “Act”), as codified in O.C.G.A.Sections 13-10-90 and 13-10-91 and regulated in Chapter 300-10-1 of the Rules and Regulations of the State of Georgia, "Public Employers, Their Contractors and Subcontractors Required to Verify New Employee Work

Eligibility Through a Federal Work Authorization Program," accessed at http://www.dol.state.ga.us, as further setforth below.

Contractor agrees to verify the work eligibility of all of newly hired employees through theU.S. Department of Homeland Security’s Employment Eligibility Verification (EEV) / Basic Pilot

Program, accessed through the Internet at https://www.vis-dhs.com/EmployerRegistration, in

accordance with the provisions and timeline found in O.C.G.A. 13-10-91 and Rule 300-10-1-.02 of the Rules and Regulations of the State of Georgia. As of July 1, 2007, the verification requirementapplies to contractors and subcontractors with five-hundred (500) or more employees.

Contractor understands that the contractor and subcontractor requirements of the Act apply tocontracts for, or in connection with, the physical performance of services within the State of Georgia.

Contractor understands that the following contract compliance dates set forth in the Act applyto the Contract Agreement, pursuant to O.C.G.A. 13-10-91:

On or after July 1, 2007, to public employers, contractors, or subcontractors of 500 or

more employees;

On or after July 1, 2008, to public employers, contractors, or subcontractors of 100 ormore employees; and

On or after July 1, 2009, to all other public employers, their contractors, andsubcontractors.

To document the date on which the Act is applicable to Contractor, and to documentContractor’s compliance with the Act, the undersigned agrees to initial one of the three (3) linesbelow indicating the employee number category applicable to Contractor, and to submit the indicated

affidavit with the Contract Agreement if the Contractor has 500 or more employees.

http://www.dol.state.ga.us/

https://www.vis-dhs.com/EmployerRegistration

https://www.vis-dhs.com/EmployerRegistration




Contractor has:

____ 500 or more employees [Contractor must register with the Employment/Eligibility Verification/Basic Pilot Program and begin work eligibility verification on July 1, 2007];

____ 100-499 employees [Contractor must register with the Employment Eligibility

Verification/Basic Pilot Program and begin work eligibility verification byJuly 1, 2008]; or

____ 99 or fewer employees [Contractor must begin work eligibility verification byJuly 1, 2009].

Contractor further agrees to require O.C.G.A. Sections 13-10-90 and 13-10-91 compliance inall written agreements with any subcontractor employed by Contractor to provide services connectedwith the Contract Agreement, as required pursuant to O.C.G.A. 13-10-91.

Contractor agrees to obtain from any subcontractor that is employed by Contractor to provideservices connected with the Contract Agreement, the subcontractor’s indication of the employeenumber category applicable to the subcontractor.

Contractor agrees to secure from any subcontractor engaged to perform services under thisContract an executed “Subcontractor Affidavit,” as required pursuant to O.C.G.A. 13-10-91 and Rule300-10-1-.08 of the Rules and Regulations of the State of Georgia, which rule can be accessed athttp://www.dol.state.ga.us.

Contractor agrees to maintain all records of the subcontractor’s compliance with O.C.G.A.

Sections 13-10-90 and 13-10-91 and Chapter 300-10-1 of the Rules and Regulations of the State of Georgia.

CONTRACTOR:

Date: ___________________ Signature: ____________________________________Title: ____________________________________

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EXHIBIT “D”

CERTIFICATION OF SPONSOR

DRUG-FREE WORKPLACE

I hereby certify that I am a principle and duly authorized representative of

_______________________________________________, (“Contractor”), whose address is

____________________________________________________________________________,

________________, ___________________ _______, and I further certify that:

(1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia

Annotated, relating to the “Drug-Free Workplace Act” have been complied with in full; and

(2) A drug-free workplace will be provided for Contractor’s employees during the

performance of the Agreement; and

(3) Each Subcontractor hired by Contractor shall be required to ensure that the

subcontractor’s employees are provided a drug-free workplace. Contractor shall secure

from that subcontractor the following written certification: “As part of the subcontracting

agreement with Contractor, ________________________________ certifies to

Contractor that a drug-free workplace will be provided for the Subcontractor’s employees

during the performance of this Agreement pursuant to paragraph (7) of subsection (b) of

the Official Code of Georgia Annotated, Section 50-24-3”; and

(4) The undersigned will not engage in unlawful manufacture, sale, distribution,

dispensation, possession, or use of a controlled substance or marijuana during the

performance of the Agreement.

CONTRACTOR:

Date: __________________ Signature: _______________________________________

Title:_________________________________________

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EXHIBIT “E”

Affidavit Verifying Status

for City Public Benefit Application

By executing this affidavit under oath, as an applicant for a City of Sandy Springs, GeorgiaBusiness License or Occupation Tax Certificate, Alcohol License, Taxi Permit, execution of contract or other public benefit as referenced in O.C.G.A. Section 50-36-1, I am stating thefollowing with respect to my application for a City of Sandy Springs license/permit and/orcontract for

_____________________________________________________________________________.[Name of natural person applying on behalf of individual, business, corporation, partnership, orother private entity]

1) _______ I am a United States citizen

OR

2) _______ I am a legal permanent resident 18 years of age or older or I am an otherwisequalified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States.*

In making the above representation under oath, I understand that any person who knowingly andwillfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shallbe guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia.

Signature of Applicant: __________________________________ Date: _________________

Printed Name: ________________________________________

*Alien Registration number for non-citizens_______________________________________________________

**PLEASE INCLUDE A COPY OF YOUR PERMANENT RESIDENT CARD,

EMPLOYMENT AUTHORIZATION, GREEN CARD, OR PASSPORT WITH A COPY

OF YOUR DRIVER’S LICENSE IF YOU ARE A LEGAL PERMANENT RESIDENT

(#2).

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF________________, 20_____

Notary Public: _________________________________ My Commission Expires:____________

-3-



*Note: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the federal Immigration andNationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Becauselegal permanent residents are included in the federal definition of “alien”, legal permanentresidents must also provide their alien registration number. Qualified aliens that do not have analien registration number may supply another identifying number below:

____________________________________

-4-



-5-

EXHIBIT “F”

INSURANCE REQUIREMENTS

Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractorshall obtain, maintain and furnish the City Certificates of Insurance from licensed companiesdoing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable tothe City covering:

1. Statutory Workers’ Compensation Insurance(a) Employers Liability:

Bodily Injury by Accident - $1,000,000 each accidentBodily Injury by Disease - $1.000,000 policy limitBodily Injury by Disease - $1,000,000 each employee

2. Comprehensive General Liability Insurance(a) $1,000,000 limit of liability per occurrence for bodily injury and propertydamage Owner’s and Contractor’s Protective(b) Blanket Contractual Liability(c)I Blanket “X”, “C”, and “U”(d) Products/Completed Operations Insurance(e) Broad Form Property Damage(f) Personal Injury Coverage

3. Automobile Liability(a) $ 500,000 limit of liability(b) Comprehensive form covering all owned, non-owned and hired vehicles

4. Umbrella Liability Insurance(a) $1,000,000 limit of liability(b) Coverage at least as broad as primary coverage as outlined under Items 1, 2 and 3

above5. The City of Sandy Springs, Georgia, and its subcontractors and affiliated companies, theirofficers, directors, employees shall be named on the Certificates of Insurance as additionalinsured and endorsed onto the policies for Comprehensive General Liability, AutomobileLiability and Umbrella Liability insurance maintained pursuant to this Contract in connectionwith liability of the City of Sandy Springs and their affiliated companies and their officers,directors and employees arising out of Contractor’s operations. Copies of the endorsements shallbe furnished to the City prior to execution of the contract. Such insurance is primary insuranceand shall contain a Severability of Interest clause as respects each insured. Such policies shall benon-cancelable except on thirty (30) days written notice to the City. Any separate insurance

maintained in force by the additional insured named above shall not contribute to the insuranceextended by Contractor’s insurer(s) under this additional insured provision.Certificate Holder should read: The City of Sandy Springs, 7840 Roswell Road, Building-500,Sandy Springs, Georgia 30350.





DATE: April 6, 2010 for Submission onto the Agendas of the April 20, 2010, City CouncilMeeting

ITEM: Consideration of Approval of the Intergovernmental Agreement (IGA)For the Partnership between the Cities of Roswell and Sandy Springs to Design andBuild a Pedestrian/Bicycle Bridge Across the Chattahoochee River


The Staff recommends that the Mayor and City Council approve to the Intergovernmental

Agreement (IGA) between the City of Sandy Springs and the City of Roswell to build apedestrian/bicycle bridge across the Chattahoochee River.

Background:

The City intends to enter into an IGA with the City of Roswell to design and build apedestrian/bicycle bridge across the Chattahoochee River on the western side of the existingbridge on Roswell Road (SR 9). In order to formalize cooperation amongst the cities, the Citywill need to execute the attached Exhibit “A” Intergovernmental Agreement (IGA).

Discussion:

The City of Roswell staff gave a presentation regarding the project on February 16, 2010. In2004, Congress authorized a $3 Million federal earmark for “Chattahoochee River Bridge,Roswell GA” from the Bridge Discretionary Program, Consolidated Appropriations Resolution,February 12, 2003, page H1207. The current plan is to utilize these funds for 80% of the designand construction costs. During the presentation, the City of Roswell staff member requested a50% cost share for the remaining 20% of the project funding.

Alternatives:

If the City does not sign this agreement, there will be no formal agreement between the cities todirect the execution of this project.

Financial Impact:

The City has not agreed to a match sharing amount at this time. If the City chooses to approvea 50% cost share, the amount to be obligated for the project will be $362,572.50 based on theIGA and PFA attached.



Attachments:

I. Resolution

II. Exhibit A – Draft Intergovernmental Agreement

III. Exhibit B – Draft Project Framework Agreement between City of Roswell and GDOT

IV. Exhibit C – City of Roswell’s Presentation from February 16, 2010



RESOLUTION NO.

STATE OF GEORGIA

COUNTY OF FULTON

A RESOLUTION TO APPROVE AN INTERGOVERNMENTAL AGREEMENT (IGA)

BETWEEN THE CITY OF SANDY SPRINGS AND THE CITY OF ROSWELL FOR THE

EXECUTION OF BICYCLE/PEDESTRIAN BRIDGE OVER THE CHATTAHOOCHEE RIVER

ON THE WESTERN SIDE OF ROSWELL ROAD (SR 9)

WHEREAS, it is necessary, from time to time, to establish policies, procedures and guidelines consistent

with the administration of a municipal government consistent with the US Constitution, Federal Statutes,

alignment with Federal, Georgia’s State Constitution, and the Charter for the City of Sandy Springs and

WHEREAS, by Resolution adopted, the City of Sandy Springs desires to enter into an Intergovernmental

Agreement (IGA) with the City of Roswell to design and build a bicycle/pedestrian bridge over the

Chattahoochee River on the western side of Roswell Road (SR 9); and

WHEREAS, the City desires to inter into an Intergovernmental Agreement (IGA) with the Cities

involved in this project to document the relationships and responsibilities;

WHEREAS, upon adoption of this Resolution, the City Sandy Springs’ Public Works Department staff

will manage all applicable phases of the Project.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE

CITY OF SANDY SPRINGS, GEORGIA

That they receive, accept, and approve an Intergovernmental Agreement (IGA) with the City of Roswell,

Georgia for the implementation of this transportation improvement project, with funding provided byboth cities and the Georgia Department of Transportation.

RESOLVED this the 20th day of April 2010.

Approved:

____________________________

Eva Galambos, Mayor

Attest:

_____________________________


(Seal)



INTERGOVERNMENTAL PROJECT AGREEMENT

BETWEEN

CITY OF ROSWELL, GEORGIA

AndCITY OF SANDY SPRINGS, GEORGIA

ENGINEERING, RIGHT OF WAY ACQUISITION AND CONSTRUCTION FORCHATTAHOOCHEE RIVER BRIDGE PEDESTRIAN IMPROVEMENTS ALONG

ATLANTA STREET/STATE ROUTE 9

This AGREEMENT is made and entered into this _____ day of _____, 2010, by andbetween the CITY OF ROSWELL, GEORGIA, acting by and through its Mayor and CiyCouncil, hereinafter called “ROSWELL”, and the CITY OF SANDY SPRINGS, GEORGIA,acting by and through its Mayor and City Council, hereinafter called the “SANDY SPRINGS”.

WHEREAS, ROSWELL and SANDY SPRINGS have mutually expressed a desire toproceed with the engineering, right of way acquisition and construction for the ChattahoocheeRiver Bridge Pedestrian Improvements project, located in Fulton County, Georgia, hereinafterreferred to as the “PROJECT” that will be coordinated with the Georgia Department of Transportation and is identified as Project Number __________________, P.I. Number 0009640;and

WHEREAS, ROSWELL has represented to the Georgia Department of Transportation,hereinafter called the “DEPARTMENT” a desire to participate in certain activities of thePROJECT as set forth in this AGREEMENT, and the DEPARTMENT has relied upon suchrepresentations; and

WHEREAS, the DEPARTMENT has expressed a willingness to participate in certainactivities of the PROJECT as set forth in this AGREEMENT; and

NOW, THEREFORE, for and in consideration of the mutual promises made and of thebenefits to flow from one to the other, ROSWELL and SANDY SPRINGS hereby agree eachwith the other as follows:

1. Preliminary EngineeringROSWELL and SANDY SPRINGS shall fund all costs for the PROJECT’S PreliminaryEngineering Activities. The DEPARTMENT will be reimbursing ROSWELL’S invoices at 80%up to $400,000 as shown in Exhibit “A”. SANDY SPRINGS will reimburse ROSWELL’Sconsultant invoices at 10% which represents half of the 20% local match. Any additionalfunding over and above this amount will be taken from the Construction costs. Any leftoverfunding will be rolled into the maximum Construction cost of the project. The PreliminaryEngineering phase for this contract will be coordinated by ROSWELL, who will act as theproject SPONSOR, with decisions and directions to the design engineer given by ROSWELL.Material decisions affecting SANDY SPRINGS within SANDY SPRINGS’ territory shall



require approval of SANDY SPRINGS. SANDY SPRINGS may provide a representative toassist in the selection of a consultant, if they so desire. ROSWELL will enter into an agreementwith a consultant to perform the following preliminary engineering activities: projectmanagement, concept design, environmental analysis, public involvement, surveying and othertasks. The current concept design for the PROJECT is shown in Exhibit “B”. There will be at

least one public meeting held in each jurisdiction. ROSWELL will fund payment to theconsultant and will invoice SANDY SPRINGS for their portion as provided for herein. Eachpayment shall be postmarked and mailed to ROSWELL no later than 30 days of receipt of invoice. If one of the local governments decide to not proceed forward with the project due tochanges in local priorities, or cancellation of the project without concurrence, they areresponsible for reimbursing the other local government for all costs incurred to that point. Theyare also responsible for repayment of any federal funds that the DEPARTMENT may request.

2. Right of Way AcquisitionEach city shall be responsible for the Right-of-Way acquisition and associated costs within their jurisdiction.

3. ConstructionFunding for construction and utility relocation of the PROJECT is limited to amounts as shownin Exhibit “A”.

4. MaintenanceEach local government is responsible for all costs for the continual maintenance and operationsof any and all sidewalks and landscape areas between the curb and sidewalk or within the projectlimits in general, within their jurisdiction.



IN WITNESS WHEREOF, the SPONSOR and the CITIES have caused these presents tobe executed under seal by their duly authorized representatives.

CITY OF SANDY SPRINGS, GEORGIA CITY OF ROSWELL, GEORGIA

BY:_________________________________ BY:______________________________Mayor MayorSigned, sealed and delivered this _____day of Signed, sealed and delivered this _____dayof _____________2010, in the presence of: _____________2010, in the presence of:

____________________________________ ____________________________________Witness Witness

___________________________________ ___________________________________

Notary Public Notary PublicThis AGREEMENT approved by the This AGREEMENT approved by theCity of Sandy Springs Council at a meeting held at City of Roswell Council at a meeting held at_______________________________, this _______________________________, this____________day of __________, 2010 ____________day of __________, 2010

__________________________________ __________________________________CITY Clerk CITY Clerk



EXHIBIT “A”

PHASE TOTAL FEDERAL

COST TO

CITIES

ROSWELL

Share (50%)

SANDY SPRINGS

Share (50%)

TOTAL PE $500,000 $400,000 $100,000 $50,000 $50,000

TOTAL CST $3,225,625 $2,580,500 $625,145 $312,572.50 $312,572.50

TOTALPROJECT

COST$3,725,625 $2,980,500 $725,145 $362,572.50 $362,572.50

Funds listed are the maximum contribution unless additional funding is otherwise agreed uponby individual cities. The Federal contribution to Construction may increase if the total fee for PEis less than shown. The total amount of $2,980,500 may not be exceeded. Q060 (FHWA BridgeDiscretionary Funds) requires that 90% of the total construction cost occur on the bridge itself.ROSWELL and SANDY SPRINGS will be responsible for additional construction costs on theirapproaches if this threshold is violated.



EXHIBIT “B”



Chattahoochee River Bridge

Rehabilitation Project

Presented by:

Steve Acenbrak, P.E., LEED AP

Director, Department of Transportation

February 16,

2010



• Project Funding History

• Concept Design

• Cost Estimate

• SR 9 Corridor

Improvements

• Roswell‐Sandy Springs Partnership

• Project Timeline

• Questions and Comments

Agenda



Project Funding History

• In 2004, Congress authorized a $3 Million federal earmark for

“Chattahoochee River Bridge, Roswell GA” from the Bridge

Discretionary Program, Consolidated Appropriations Resolution,

February 12, 2003, page H1207

• FHWA has

denied

all

of

Roswell’s

requests

to

apply

that

earmark to Atlanta Street, including the intersection with

Azalea Dr/Riverside Rd

• The only way to use this earmark is to rehabilitate a deficiency

of the bridge or replace the bridge

• Roswell has identified bicycle/pedestrian access along the

bridge as a deficiency, FHWA and GDOT have approved this use

of the earmark



Concept Design



Cost Estimate

• GDOT and Roswell have estimated the cost of adding a

multiuse trail to both sides of the bridge at $2.16

Million. Roswell estimates the total project cost at $3

Million including PE for the 2 bridges and approaches

on the

North

side

of

the

river.

• Bridge Discretionary Funds prohibit the earmark from

applying to the approaches to the bridge if they are

more than 10% of the total cost.



SR 9 Corridor Improvements

• The goal is to eliminate the reversible lane sections.

• Roswell will hire a consultant to complete the scoping

study which includes Concept Design, Environmental

Document and Preliminary Engineering.

• The corridor has already been modeled with two

multi‐lane roundabouts and a grade separated single‐

quadrant interchange at Riverside/Azalea.

• There will be state and federal funds required for

construction of this project.



Roswell-Sandy Springs Partnership

• The earmark will cover 80% of the total project cost up

to $2.98 Million. This project cost may trigger a

$725,000 local match.

• Assuming only one bridge (southbound lanes) is built,

86% of

the

total

footprint

of

the

project

is

in

Roswell

and 14% is in Sandy Springs.

• The Cities of Roswell and Sandy Springs would both

benefit greatly from this enhanced bicycle/pedestrian

connectivity. Roswell would like to partner with Sandy

Springs on this project.



Project Timeline

Final Design

Procurement Process

Concept Design

Construction

Jan‐Mar

2010 2011

Preliminary Design

Apr‐Jun Jul‐Sep Oct‐Dec Oct‐DecJul‐SepJan‐Mar Apr‐Jun

2012

Environmental Document



Questions and Comments






ITEM: Stream Buffer Variance for T-0026 Peachtree Dunwoody Road IntersectionImprovement


Staff recommends that the Mayor and City Council grant a variance to the City Stream BufferOrdinance to allow for the installation of sidewalk as part of the T-0026 Peachtree DunwoodyRoad Intersection Improvement Project.

Background:

T-0026 Peachtree Dunwoody Road Intersection Improvement will add turn lanes at theintersection of Peachtree Dunwoody Road and Spalding Drive. The project will increasecapacity at the intersection, significantly improving the operations and safety of the intersection.As part of the design process, residents and officials identified a portion along the western sideof Peachtree Dunwoody as needing sidewalk. This section is currently the only length along thewestern side of Peachtree Dunwoody without sidewalk between the North Springs MARTAStation and Spalding Drive. Additionally, requests have been received from the adjacentassisted living facility for sidewalk installation to allow their residents safe access and awalkable path.

Discussion:

The project, as designed, would encroach into both the City’s and the State’s 25’ undisturbedbuffer. Peachtree Dunwoody Road itself is actually within the 25’ buffer at this location. PublicWorks has applied for a State stream buffer variance from the Georgia EnvironmentalProtection Division. The stream was originally identified as a drainage ditch, but hassubsequently been determined to be an unnamed tributary to Marsh Creek by both City officialsand our design consultants.

Alternatives:

The Council can decide not grant a variance, which will eliminate all proposed sidewalkconstruction between Talbot Colony Road and the existing sidewalk at Village Creek.

Financial Impact:

The project is currently budgeted to include the proposed sidewalk construction. Denial of thisvariance would mean a reduction in the overall construction cost of T-0026.



Attachments:

T-0026 Peachtree Dunwoody Road Intersection Improvement Plan Sheets (2 pages)




FROM: Eden Freeman, Grants Administrator

DATE: April 12, 2010 for Submission onto the Agenda of the April 20, 2010, City CouncilAgenda

ITEM: Policy Regarding Requests for Assistance from Non-profit Entities

City Manager’s Office Recommendation:

Staff submits a suggested policy to Council for the responses to requests for non-monetaryassistance from non-profit and community-based entities located in Sandy Springs.

Background:

At the March 16, 2010 Council meeting, Mayor Eva Galambos presented a request to the Councilfor non-monetary assistance from a community-based organization. Following the April 6, 2010Council meeting, a draft policy was sent to Mayor and Council for review and input.

Discussion:

This presentation is to obtain final guidance and adoption of the suggested policy for responsesto requests for non-monetary assistance from non-profit and community-based organizations.

Alternatives:

N/A

Financial Impact:

N/A

Attachment:

Suggested policy.

Mayor and City Council - Regular Meeting - 04.20.2010

Documents

Transcript of Mayor and City Council - Regular Meeting - 04.20.2010