Mayor and City Council - Regular Meeting - 04.20.2010

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

1. Meeting Minutes:
a) October 6, 2009 Regular Meeting
b) October 6, 2009 Work Session
c) October 20, 2009 Regular Meeting
d) November 17, 2009 Regular Meeting
e) November 17, 2009 Work Session
f) December 15, 2009 Regular Meeting
(Michael Casey, City Clerk)

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

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)
Page 1 of 4
Morgan Falls Office Park
7840 Roswell Road, Building 500
Sandy Springs, GA 30350
SANDY SPRINGS CITY COUNCIL MEETING AGENDA APRIL 20, 2010

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

1. Public Hearing on Public/Private Partnerships
(Presented by City Manager, John McDonough)
(Invitation for Public Comment)
Rezonings

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)

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

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
Zoning Modifications
Page 2 of 4

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.

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.
Text Amendments

7. TA10-001 - An Ordinance to Amend Article 12B, Sandy Springs Overlay District, of the
Sandy Springs Zoning Ordinance

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

9. A Resolution to Amend the Local Roadway Functional Classification Map of the City of
Sandy Springs Transportation Master Plan

10. A Promulgated Ordinance to Replace the Existing Erosion and Sedimentation Ordinance
Chapter 109, Article VI
Page 3 of 4

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

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
Page 4 of 4
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 Council
Meeting
ITEM: 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))
Public Works Department’s Recommendation:
The staff recommends that the Mayor and City Council accept the construction bids for the
streetscape project located in the current Perimeter Community Improvement District (PCID)
construction plans for the ongoing LCI project on Peachtree Dunwoody Road, lying and located
in Land Lot 18 of the 17th District of Fulton County, Georgia. The project limits are from I-285
north along Peachtree Dunwoody Road to Abernathy Road.
Background:
This PCID project is designed to construct sidewalks and ADA compliant ramps along
Peachtree Dunwoody Road. It will fill in gaps where no sidewalk currently exists. The project
was advertised and two bids were received:
JJE Constructors, Inc. $1,694,059.11

Butch 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 that
Mayor 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-advertised
resulting 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 of
this project is being supplied by the federal stimulus funds.
Attachments:
I. Attachment A – Bid Opening

II. Attachment B – JJE Bid Information
II. 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 Abernathy
Road 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)
Meeting
ITEM: Approval of the Intergovernmental Agreement (IGA) For the MARTA Funded Projects
Currently 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 to
sign the Intergovernmental Agreement (IGA).
Background:
In September 2009, staff reported to Mayor and City Council a potential additional funding
source for transit related transportation projects due to American Recovery and Reinvestment
Act (ARRA) funding from the Atlanta Regional Commission (ARC) to MARTA for operations. In
return 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 $25
million in MARTA capital funds. While these funds have no specific obligation deadline or other
timing 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. Staff
met with ARC and MARTA staff on July 16, 2009 to discuss the potential funding. The
proposed breakdown of the $25 million at this meeting was based on sales tax generation and
was as follows:
North Fulton $6.25 million,

South Fulton $2 million,
City of Atlanta $8.5 million, and
DeKalb County $8.25 million.
Discussion:
The $6.25 million allocation for North Fulton County was divided among the five northern cities
based upon the match formula used in the North Fulton Comprehensive Transportation Plan
(NFCTP) Memorandum of Agreement (MOA). The City of Sandy Springs will receive
approximately 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), and
A midblock crossing at MARTA stop location along Roswell Road (SR 9) near Long
Island Drive ($150,000).
These project amounts were added to ARC’s Transportation Improvement Plan (TIP) by
Administrative Modification on March 5, 2010.
The City intends to enter into a project Intergovernmental Agreement (IGA) with MARTA to
access the $1.74 million in funding and formalize the agreement between the two entities. The
draft 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 framework
between the entities to direct the completion of these projects, and the funding would likely be
divided 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 local
match 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.
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 the
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY, (hereinafter
referred 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, in
exchange, the Authority committed to fund qualifying projects contained in the
Transportation Improvement Plan (TIP) from the Authority’s capital budget; and
WHEREAS, the City’s share of funding from the Authority for qualifying
projects in the TIP is $1,750,469; and
WHEREAS, the City has identified the projects defined herein (“the
Project”) 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 forth
herein;
NOW THEREFORE, in consideration of the promises and the mutual

covenants and agreements hereinafter contained, the parties hereto agree as
follows:
1. Project Defined. The Project is defined as sidewalks, shelter and signage

upgrades, and a raised median crosswalk improvements located at various
locations 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 services
required 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 all
contractors performing work thereon, (d) the inspection and final acceptance of
the Project, and (e) all other acts and obligations consistent with the successful
completion of the Project.
3. Time of Performance. Work and services shall be undertaken and pursued

in such sequence as to assure their expeditious completion. All work and services
required hereunder shall be completed on or before (need date). All invoices to
be submitted hereunder for reimbursement shall be submitted within 60 days of
completion of work.
4. Reimbursement. The City shall be reimbursed for the costs of the Project
as set forth in Exhibit B, which is attached hereto and made a part hereof.
5. Formal Communication/Designated Agents. Formal communications

regarding this Agreement shall include, but not necessarily be limited to,
correspondence, progress reports and fiscal reports. The City or its designee shall
furnish progress and fiscal reports to the Authority periodically, as requested by
the Authority. All formal communication regarding this Agreement shall be in
writing and addressed to the Designated Agents of the parties.
_____________, is designated as the authorized agent of the Authority for

purposes of this Agreement only, except for executing amendments hereto. All
correspondence shall be direct to him/her at MARTA, 2424 Piedmont Road,
N.E., Atlanta, GA 30324-3330.
Eva Galambos, Mayor, is designated as the authorized agent of the City for
purposes of this Agreement only, except for executing amendments hereto. All
correspondence shall be direct to him/her at 7840 Roswell Road, Bldg 500,
Sandy Springs GA, 30350.
6. Review and Coordination. To ensure adequate assessment of the Project

and proper coordination among the parties, the Authority shall be kept fully
informed of the progress of the work and services to be performed hereunder.
The City may be required to meet with designated representatives of the
Authority from time to time, as reasonably requested, to review the work and
services performed.
7. Maintenance of Records. The City shall maintain all books, documents,

papers, accounting records and other evidence pertaining to the Project in
accordance with generally accepted accounting principles applicable to the City
and shall make such material available at all reasonable, times during the term of
this Agreement for inspection by the Authority or its external auditors. The City
shall include the provisions of this paragraph in any contract executed in
connection with this Project.
8. Conflict of Interest. No officer, member or employee of the Authority, and

no public official of any local government which is affected in any way by the
Project, who exercises any function or responsibilities in the review or approval
of the Project or any component part thereof, shall participate in any decision
relating to this Agreement which affects his or her personal interests or the
interest of any corporation, partnership or association in which he or she is
directly interested; nor shall any such officer, member or employee of the
Authority, or public official of any local government affected by the Project, have
a direct interest in this Agreement or the proceeds arising therefrom.
2
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 independent
contractor.
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 other
party.
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 the
Project, 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 further
expenditure of funds. The two parties shall, through formal Agreement
amendment, agree upon the termination conditions, including the effective date
and, 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 shall
allow 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 thereupon
have 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 business
days before the effective date of such termination. The City shall be entitled to
receive just and equitable compensation for costs incurred in the performance of
the scope of service up to and including the effective date of termination as
authorized in Attachment “B”. Not withstanding the foregoing, to the extent
provided by law, the City shall not be relieved of liability to the Authority for
damages 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 the
purpose of set-off for damages caused by the City’s breach, until such time as the
exact amount of damages to the Authority from the City is determined.
14. Applicable Law. This Agreement shall be deemed to have been executed
and performed in the State of Georgia, and all questions of interpretation and
construction shall be construed by the laws of such State.
3
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 Sandy Springs, Fulton
COUNTY, GEORGIA
By: _____________________ By:___________________

BEVERLY A. SCOTT, Ph.D. Eva Galambos
General Manager /CEO Mayor
APPROVED AS TO
SUBSTANCE:
_______________________
APPROVED AS TO FORM:
________________________ _______________________
MIRIAM D. LANCASTER
Chief of Corporate Law City Attorney
MARTA City of Sandy Springs
Fulton County, Georgia
4
Exhibit A
PROJECT
Name Cost
Sidewalk Connectivity/ Safety Upgrades projects: $1,215,469.20
Dunwoody Place pedestrian connections
PCID Glenlake and Abernathy sidewalks
Pedestrian Crossing at Northridge and Dunwoody Place
Allen Rd
Cliftwood Drive
Hope Rd
Glenridge Drive
Hightower Trail
Johnson Ferry Road
Meridan Park
Mt. Vernon Highway
Northridge Road
Northwood Drive
Peachtree Dunwoody Road
Roswell Road
Hammond Drive

Bus shelter replacements at 18 locations $360,000.00

Illuminated signage at Rail Stations $25,000.00

Mid Block Crossing at MARTA stop on Roswell at Long Island $150,000.00

Amount of Funding allocated to the City of Sandy Springs: $1,750,469.20
5
Exhibit B
COMPENSATION 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 costs
incurred up to the total cost of the Project. In no event will the City’s total
reimbursement 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 in
accord 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 receive

periodic reimbursement on the following basis. As of the last day of each month
during the existence of this Agreement, the City shall submit to the Authority an
invoice for reimbursement documenting actual costs incurred during the invoice
period. As used herein, actual costs incurred shall include only eligible costs
authorized in the Project Budget.
Upon the basis of its audit and review of such invoice, the Authority will, at the
request of the City, make payments to the City as the work progresses but not
more often than once a month. Invoices shall be numbered consecutively and
submitted 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, including
any audit requirements. Upon such determination and upon submittal of a final
invoice, 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 after
the Project completion date specified in Paragraph 3 of the Agreement (or as
subsequently amended).
6
EXHIBIT B-1
PROJECT BUDGET
[To be provided by MARTA]
7
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 20th day of
April 2010.
Eva Galambos
Mayor
Rezoning Petition No. RZ09-012/CV09-020
HEARING & MEETING DATES

Planning
Community Zoning Community Developer Mayor and City Council
Commission
Information Meeting Resolution Meeting Hearing
Hearing
March 16, 2010
December 22, 2009 January 27, 2010 February 18, 2010
April 20, 2010
APPLICANT/PETITIONER INFORMATION
Property Owners Petitioner Representative
1120 Hope Road, LLC 1120 Hope Road, LLC Laurel David, Esq.
PROPERTY INFORMATION
Address, Land Lot, 1120 Hope Road
and District Land Lot 363, District 6
Council District 2
365 feet of frontage along the north side of Hope Road. The subject property has a
Frontage and Area
total area of 2.533 acres (110,337.48 square feet).
Existing Zoning and O-I (Office and Institutional District) conditional under zoning case Z86-107. The
Use subject parcel is currently developed as an office property.
2027
Comprehensive Living-Working Neighborhood (LWN), Node 14: Roswell Road and Dunwoody
Future Land Use Place Intersection
Map Designation
O-I (Office and Institutional District) for 10,366 s.f. general office, 2,200 s.f. medical
Proposed Zoning
office/clinic use, and 19,177 s.f. adult day care use in the existing building
INTENT
TO 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. medical
office/clinic use, and 19,177 s.f. adult day care use in the existing building. The existing zoning on the
property 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 encroach
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) 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 December 4, 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 existing structure(s) to comply in accordance with the site plan received by the
Department of Community Development on December 4, 2009,
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
RZ09-012/CV09-020
4. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required ten (10) foot
improvement 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
Community Development 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 extent
Department of Community Development on December 4, 2009,
6. Variance from Section 4.23.2 of the Zoning Ordinance to delete the parking lot landscaping
requirements,
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
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
foot impervious 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, and
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).
DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION
RZ09-012 – APPROVAL CONDITIONAL

CV09-020 #1 – APPROVAL CONDITIONAL
CV09-020 #9 - APPROVAL CONDITIONAL (WITHDRAWN BY APPLICANT)
PLANNING COMMISSION RECOMMENDATION

CV09-020 #9 – APPROVAL CONDITIONAL (WITHDRAWN BY APPLICANT)
DT 3.31.10 Page 2 of 21
RZ09-012/CV09-020
The petition was heard at the February 18, 2010 Planning Commission meeting. The Commission
recommended approval subject to staff conditions. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and
Rubenstein 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 the
applicant time to provide additional and/or revised information regarding a detailed analysis of parking
needs 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 of
the Zoning Ordinance to reduce the required parking. As an alternative, the applicant has proposed a revised
square footage calculation for each use proposed to arrive at a parking calculation which can be met.
Use Original Request Required Parking Revised Request Required Parking

General Office 10,366 s.f. 10,366 s.f.
Medical Office/Clinic 10,366 s.f. 94 2,200 s.f. 75
Adult Day Care 11,011 s.f. 19,177 s.f.
Location Map
DT 3.31.10 Page 3 of 21
RZ09-012/CV09-020
BACKGROUND
The subject property is located approximately 800 feet from the intersection of Hope Road
and Roswell Road, on the west side of Hope Road. The property is zoned O-I (Office and
Institutional District) conditional under zoning case Z86-107. The property is currently
developed with an office building.
Under Z86-107, the subject property is conditioned to the Office and accessory uses at a
maximum 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 parking
spaces.
• The total amount of existing parking spaces is 65 (52 un-covered parking spaces plus
13 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 in
front 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 currently
existing 65.
DT 3.31.10 Page 4 of 21
RZ09-012/CV09-020
EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY
Land
SUBJECT Requested Square Density (Square
Proposed Use Area
PETITION Zoning Footage Footage per Acre)
(Acres)
RZ09-
General Office,
012/CV09-
Medical Office, 12,531.78
020 O-I 2.533 31,743 S.F.
and Adult Day S.F./Acre
Care
Square
Location in
Land Footage Density (Square
relation to
Zoning Use Area or Feet or Units Per
subject
(Acres) Number Acre)
property
of Units
Single-Family
TR
Subdivision 2.30 10 Units 4.35 Units/Acre
North Conditional
(Hope Trace)
Z97-148
TR Townhomes
4.20 36 Units 8.57 Units/Acre
East Conditional (Hope Mews)
Z83-027
C-1
Commercial @
South Conditional 1.44 2,688 S.F. 1,867 S.F./Acre
1110 Hope Road
Z81-132
C-2 Commercial @
West Conditional 8607 Roswell 1.49 14,000 S.F. 9,400 S.F./Acre
Z81-106 Road
C-2 Commercial @
West Conditional 8611 Roswell 0.91 11,811 S.F. 12,979 S.F./Acre
Z94-021 Road
C-2 Commercial @
West Conditional 8613 Roswell 1.12 4,250 S.F. 3,794.6 S.F./Acre
Z74-017 Road
DT 3.31.10 Page 5 of 21
RZ09-012/CV09-020
Zoning Map
DT 3.31.10 Page 6 of 21
RZ09-012/CV09-020
Future Land Use Map
DT 3.31.10 Page 7 of 21
RZ09-012/CV09-020
Subject Property North of Subject Property (Hope Trace Subdivision)
East of Subject Property (Hope Mews Subdivision)

South of Subject Property (Office)
DT 3.31.10 Page 8 of 21
RZ09-012/CV09-020
West of the Subject Property (Commercial) West of the Subject Property (Commercial)
Sign
DT 3.31.10 Page 9 of 21
RZ09-012/CV09-020
SITE PLAN ANALYSIS
The site plan submitted shows an existing office building, having a basement, and existing parking. A stream
is located along the rear northwest property line.
PARKING AND TRAFFIC IMPACT ANALYSIS

Section 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces for the
following 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 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 in front of the garage door. The
total 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 ANALYSIS

The 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 %)
DT 3.31.10 Page 10 of 21
RZ09-012/CV09-020
ENVIRONMENTAL SITE ANALYSIS

The Environmental Site Analysis Report is sufficient and satisfies the requirements of the Sandy Springs
Zoning Ordinance. The reporting on all items of the analysis stated either positive, minimal, or no
environmental issues, with the exception of the following: a stream is located along the rear northwest
property line and slopes exceeding twenty-five percent (25%). The report, in its entirety, is within the case file
as a matter of record.
DEPARTMENT COMMENTS
The staff held a Focus Meeting on January 6, 2010 at which the following departmental comments were
provided:
The proposed day care portion of 1120 Hope Rd. will be an Adult Day
Care Occupancy under the 2000 Life Safety Code and would be
required to comply with Section 16 of that code. Some, but not all of the
Sandy Springs requirements would be separation from other occupancies with a one
BUILDING & DEVELOPMENT DIVISION
Building Officer hour fire barrier, a fire alarm system, and special means of egress from
client occupied rooms. The location of the space in the building will be
limited by the construction type of the building and whether or not it is
sprinkled.
Any work being performed on the structure located at 1120 Hope Road
will need to comply with the code standards adopted by the City of
Sandy Springs as stated in Article II Building Codes, Section 105-19 and
Article II Fire Prevention Code Section 22-26.
Sandy Springs ADA
Compliance Officer
This structure will be required to comply with section 120-20-3-.11 of
the “Georgia Accessibility Code”. Section 120-20-3-.11(k) (i) requires an
elevator in this application. Furthermore, compliance with all
applicable sections of the Georgia Accessibility Code will be required.
Sandy Springs
Any permit applications involving site development shall comply with
Development Plan
applicable stormwater management, and erosion control ordinances.
Review Engineer
Sandy Springs
There are no landscape and stream requirements that need to be
Landscape
addressed at this time.
Architect/Arborist
DEPT.
Sandy Springs Fire There are no Fire Department requirements that need to be addressed at
FIRE

Protection Engineer this time.
TRANSPORTATION
Sandy Springs
Right-of-Way dedication: 30’ from the centerline of Hope Road.
Transportation
Planner
Georgia Department
There are no GDOT requirements that need to be addressed at this time.
of Transportation
The staff has not received any additional comments from the Fulton County Board of Education.
DT 3.31.10 Page 11 of 21
RZ09-012/CV09-020
PUBLIC INVOLVEMENT
Required Meetings
The 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 Requirements
The petition was advertised in the Daily Report on February 11, 2010 and February 25, 2010. The applicant
posted 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 submit
the 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 a
written record of its investigation and recommendation on each rezoning petition with respect to the
following 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 development
of adjacent and nearby property. The surrounding area consists of a single-family subdivision
to the north, townhomes to the east, commercial development to the south, and commercial
developments 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 or
usability 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 currently
zoned.
D. Whether the zoning proposal will result in a use which will or could cause an excessive burdensome use of existing
streets, transportation facilities, utilities, or schools.
Finding: The staff is of the opinion that the proposal will not result in a use which will cause an
excessive or burdensome use of the existing infrastructure.
DT 3.31.10 Page 12 of 21
RZ09-012/CV09-020
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 is
proposing to allow for a use consistent with O-I zoning. The site plan provided by the
applicant indicates the proposed density for the subject parcel is 12,531.78 square feet per acre
and 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 Place
Intersection. The vision, guidelines, and policies of Node 14 is as follows:
• The majority of the existing development in the area is characterized by largely

disjointed 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 portion
of the City.
• Consolidation of properties and the collective redevelopment of multiple properties
should 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 be limited to 15
stories in this area. At least 30% of a site shall be maintained as open space. To further
define this requirement, a minimum of 25% shall be green space, with the remaining
5% 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 of
smaller properties, elimination or consolidation of curb cuts, providing interparcel
access, and meeting or exceeding recommended open and green space standards.
The LWN land use designation recommends: a 30,000 square foot/tenant limitation. The
proposal lends itself to the overall intent of the LWN designated areas that are intended for
lower density mixed land uses (residential and commercial) intended to serve a group of
adjacent 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 give
supporting 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 use
and development of the property, which give supporting grounds for approval or denial of the
applicant’s proposal.
G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural
resources, environment and citizens of Sandy Springs.
Finding: The staff is of the opinion that the proposal will not permit a use which could be considered
environmentally adverse to the natural resources, environment, or citizens of Sandy Springs.
DT 3.31.10 Page 13 of 21
RZ09-012/CV09-020
VARIANCE CONSIDERATIONS
Article 22 of the Zoning Ordinance indicates the following are considerations in granting variances, of which
only 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 and
intent of the Zoning Ordinance; or,
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,
C. Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum
letter 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 the
general public and that application of the requirement would place a hardship on the applicant. The
applicant has indicated that this variance is in harmony with the area and in harmony with the general
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 parking spaces are existing and sufficiently buffered.
Therefore, based on these reasons, the staff recommends APPROVAL of the variance to allow existing parking to
encroach 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) 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
December 4, 2009.
proposal will not pose a detriment to the public because the structure(s) are existing and sufficiently buffered.
Therefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the required
twenty (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 December
4, 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
DT 3.31.10 Page 14 of 21
RZ09-012/CV09-020
existing structure(s) to comply in accordance with the site plan received by the Department of
Community Development on December 4, 2009.
Therefore, 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 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.
4. Variance from Section 4.23.1 of the Zoning Ordinance to reduce the required ten (10) foot improvement
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 Community
Development on December 4, 2009.
Therefore, 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 the
existing structure(s) to comply in accordance with the site plan received by the Department of Community
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 extent
Department of Community Development on December 4, 2009.
twenty-five (25) foot zoning 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 the
Department of Community Development on December 4, 2009.
DT 3.31.10 Page 15 of 21
RZ09-012/CV09-020
6. Variance from Section 4.23.2 of the Zoning Ordinance to delete the parking lot landscaping
requirements.
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 delete the parking lot landscaping
requirements.
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 large
shade tree every 6 parking spaces for all new parking lots.
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 requirement
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 foot
impervious 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
proposal will not pose a detriment to the public because no land disturbance is proposed that would negatively
impact 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 of
the property. Therefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the
seventy-five (75) foot buffer and setback requirements (50 foot undisturbed natural buffer and 25 foot impervious
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.
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RZ09-012/CV09-020
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).
proposal will not pose a detriment to the public because the applicant intends to utilize the quantity of parking
spaces 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.
parking from 94 spaces to 75 spaces.
DT 3.31.10 Page 17 of 21
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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 with
abutting and nearby properties. Therefore, based on these reasons, the staff recommends APPROVAL
CONDITIONAL of this petition. The staff also recommends APPROVAL of the associated concurrent
variances numbered 1 through 8.
DT 3.31.10 Page 18 of 21
RZ09-012/CV09-020
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 variances, to allow general office, medical office/clinic, and day care uses in the existing building.
the staff recommends the approval be subject to the following conditions. The applicant’s agreement to these
conditions would not change staff recommendations. These conditions shall prevail unless otherwise
stipulated 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 accessory
uses 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 from
being used for General Office as long as 62 spaces are provided and/or used for Medical
Office/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 building
when 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 Zoning
Ordinance to include the regulations for the design of off-street parking spaces, the
Development Standards contained therein, and these conditions prior to the approval of a Land
Disturbance Permit. The applicant shall be required to complete the concept review procedure
prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance
with 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 building
when 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 encroach
fifteen (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) 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 December 4, 2009 (CV09-020).
DT 3.31.10 Page 19 of 21
RZ09-012/CV09-020
c. 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
Department 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) foot
improvement 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 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 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 (CV09-020).
f. Variance from Section 4.23.2 of the Zoning Ordinance to delete the parking lot landscaping
requirements (CV09-020).
g. 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 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 the
seventy-five (75) foot buffer and setback requirements (50 foot undisturbed natural buffer and
25 foot impervious 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 (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 from
adjoining properties.
j. The owner/developer shall dedicate thirty (30) feet of right-of-way from centerline of Hope
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.
DT 3.31.10 Page 20 of 21
RZ09-012/CV09-020
Attachments
Site Plan dated received December 4, 2009

Letter of Intent dated received January 21, 2010
Applicant Zoning Impact Analysis dated received December 4, 2009
Letter Fulton County Dept. of Health and Wellness received January 7, 2010
Letter City of Atlanta, Bureau of Drinking Water dated received February 3, 2010
Green and Open Space Calculation letter dated received January 15, 2010
Letter of opposition dated received February 17, 2010
Power Point Presentation Copies received March 4, 2010
Owner Letter dated received March 16, 2010
ADA Compliance memo dated March 16, 2010
DT 3.31.10 Page 21 of 21

Planning
Community Zoning Design Review Community Developer Mayor and City
Commission
Information Meeting Board Meeting Resolution Meeting Council Hearing
Hearing
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
Address, Land Lot, 5815 Mountain Creek Road
Council District 5
100 feet of frontage along the northeast side of Mountain Creek Road. The subject
Frontage and Area
property has a total area of approximately 0.52 acres (22,424 sq.ft.).
Existing Zoning and O-I (Office and Institutional District) conditional under zoning case Z88-085. The property
Use is developed with an office.
Overlay District Urban District
2027
Comprehensive
LWN (Living-Working Neighborhood), Node 7: Roswell Road and I-285 (Downtown)
Future Land Use
Map Designation
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, WITH
CONCURRENT VARIANCE(S), TO INITIALLY ALLOW A GROUP RESIDENCE WITH A FUTURE
TRANSITION INTO A PERSONAL CARE HOME.
The subject property is zoned O-I (Office and Institutional District) under zoning case Z88-085 and conditioned to
office use within the existing structure.
The applicant is requesting to rezone the subject property from O-I (Office and Institutional District) conditional to
O-I (Office and Institutional District) conditional to initially allow a Group Residence with a future transition into
a Personal Care Home. The applicant states that the residence contains five bedrooms and three bathrooms, and
the intent is to house up to eight occupants. The occupants will be completely ambulatory and will be
developmentally disabled. The applicant intends to make improvements/renovations to the existing building that
include 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 care
of persons with special needs which, in addition to providing food and shelter, may also provide some
combination of personal care, social or counseling services and transportation. Bedroom suites shall not
include kitchen facilities. For purposes of this Ordinance, group residence/shelter shall not include those
facilities which exclusively care for children under the age of 17.
DT 3.31.10 Page 1 of 20
RZ10-001
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, shelter
and personal services. This use shall not include hospitals, convalescent centers, nursing homes, hospices,
clinics, 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 of
daily living to include assistance with eating, bathing, grooming, dressing, toileting, and supervision of
medications) are provided to two or more adults not related to the owner or administrator by blood or
marriage.
NOTE: Under Chapter 111-8-62 of the State of Georgia Healthcare Facility Regulations for Personal Care Homes,
Group Residences are exempted from the regulations as follows:
• Group Residences organized by or for persons who choose to live independently or who manage their
own care and share the cost of services including but not limited to attendant care, transportation, rent,
utilities, 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), Zoning
Buffer(s) & Improvement 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,
and
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 of
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 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.
DT 3.31.10 Page 2 of 20
RZ10-001

DESIGN REVIEW BOARD ENDORSEMENT
RZ10-001 – APPROVED
CV10-001 #1 – APPROVED
Approved (5-0), Porter, Landeck, Richard, Westmoreland and Mobley for; Gregory Absent; Lichtenstein not
voting.

The petition was heard at the March 18, 2010 Planning Commission meeting. The Commission recommended
approval subject to staff conditions and with concern over the residence's ability to properly house up to 8 people.
Approved (4-0, Maziar, Pond, Rubenstein, and Tart for; Duncan not voting; Thatcher and Rupnow absent).
DT 3.31.10 Page 3 of 20
RZ10-001
Location Map
DT 3.31.10 Page 4 of 20
RZ10-001
BACKGROUND
The site is located on the northeast side of Mountain Creek Road, approximately 60 feet south of the
intersection of Carpenter Drive and Mountain Creek Road. The property is zoned O-I (Office and
Institutional District) under zoning case Z88-085 and conditioned to office use within the existing
structure. The subject property is located within the Urban District of the Sandy Springs Overlay
District.
Square
Density
Requested Land Area Footage or
SUBJECT Proposed Use (Square Feet or
Zoning (Acres) Number of
PETITION Units per Acre)
Units
RZ09-009/
CV09-018 2,721.255 sf
O-I Personal Care Home 0.52 (with enclosed 5,233.18 sf/acre
carport)
Location in Square
Density
relation to Land Area Footage or
Zoning Use (Square Feet or
subject (Acres) Number of
Units Per Acre)
property Units
Residence @ 5825
Northwest R-3 0.49 1 unit 2.04 units/acre
Mountain Creek Rd.
Northeast R-3 Vacant Land 2.91 _____ _____
Residence @ 5805
Southeast R-3 0.50 1 unit 2.00 units/acre
Mountain Creek Rd.
Residence @ 5810
Southwest R-3 0.42 1 unit 2.38 units/acre
Mountain Creek Rd.
C-1 2nd Church of Christ.
Southwest conditional Scientist @ 347 0.44 3,242 sf 7,418.76 sf/acre
RZ07-011 Carpenter Dr.
DT 3.31.10 Page 5 of 20
RZ10-001
Zoning Map
DT 3.31.10 Page 6 of 20
RZ10-001
Future Land Use Map
DT 3.31.10 Page 7 of 20
RZ10-001
Next door (northwest of the subject property) 5825

Subject Property
Mountain Creek Rd.
Next door (southeast of the subject property) 5805 Across the street (southwest of the subject property)
Mountain Creek Rd. 5810 Mountain Creek Rd. & 347 Carpenter Dr.
DT 3.31.10 Page 8 of 20
RZ10-001
Sign
DT 3.31.10 Page 9 of 20
RZ10-001
SITE PLAN ANALYSIS
The submitted site plan shows the subject property to be rectangular, wooded, and sloping down toward the
northern 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 ANALYSIS
Section 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces for Health
Care Facilities as follows:
• One space for every four (4) beds, and
• One space for every three (3) employees
The proposed Personal Care Home would have no more than eight (8) beds plus one (1) employee which
would require three (3) parking spaces. The applicant has provided three (3) spaces.
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 required
by the Urban Overlay District.
environmental issues. The report, in its entirety, is within the case file as a matter of record.
DT 3.31.10 Page 10 of 20
RZ10-001
DEPARTMENT COMMENTS
The staff held a Focus Meeting on February 3, 2010 at which the following departmental comments were
provided:
If the buildings at 5815, 5790, and 5800 Mountain Creek Road are
currently used as business offices and are changed to a Residential
Board and Care or Day Care occupancy, Section 4.6.11 of the 2000 Life
Safety Code would require that they be brought into compliance with
Sandy Springs all of the 2006 ICC codes, the Georgia Accessibility Code, and the 2000
Building Officer Life Safety Code. The occupant load factor would be 200 s.f. per person
for a Residential Board and Care occupancy and 35 s.f. per person for a
Day Care occupancy. Some, but not all of the items that may be
required are fire sprinklers, fire partitions, and secondary means of
escape from sleeping rooms.
Any work being performed on the structure(s) will need to comply
with the code standards adopted by the City of Sandy Springs as stated
in 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 will
be ambulatory. This does not relieve the applicant of compliance with
Sandy Springs ADA the “Georgia Accessibility Code: Chapter 120-3-20. Please note that
Compliance Officer section 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 or
has the effect of decreasing accessibility or usability of a building or
facility below the requirements for new construction at the time of the
alteration.” The entrances shall be accessible and at least one accessible
toilet room shall be installed. Signage must also be installed in
accordance with the code. The proceeding requirements are not all
inclusive of the code requirements for this project.
Sandy Springs
Engineering Plan
Reviewer
If the MCC chooses to approve the rezoning and concurrent variances a
condition could be added that the required landscape strips and zoning
buffers be planted to meet the minimum standards as approved by the
City Arborist. The location of the new drive will impact the two
Sandy Springs landmark oaks (30”,28”). Canopy mitigation will be require for the
Landscape trees at the time of LDP. There is also a 32” oak near the property line
Architect/Arborist that will be impacted by the proposed drive and parking. If this tree is
on the neighbor’s property money will need to be deposited into an
escrow account to cover the canopy mitigation and removal if the tree
dies within three years. If it is on the subject property canopy
mitigation will be required.
DT 3.31.10 Page 11 of 20
RZ10-001
The change in occupancy classifies these structures as New Residential

Board and Care Occupancies and must comply with NFPA 101: 32.2 as
amended in 120-3-3 if there are 4-6 people which is “small” board and
care, over 6 people is large (sprinklers are required). DHR requires
licensing at 2 or more people.
For reference:
“3.3.134.13 Residential Board and Care Occupancy (Specifically

Personal Care Homes/Facilities and/or Assisted Living Homes/Facilities
as licensed by the Department of Human Resources). A building, or
part thereof, which is used for lodging and boarding of four or more
residents, not related by blood or marriage to the owners or operators, for
the purpose of providing personal care services. Any facility providing
lodging and boarding and personal care for four or more residents who
are mostly incapable of self-preservation, except brain injury centers,
because of physical or mental disability shall be classified as a health care
occupancy and shall meet the appropriate provisions of other chapters of
this Code for health care occupancies.”
GA state amendment to NFPA 101;

FIRE DEPT.
(b) Modifications to Chapter 2:

Sandy Springs Fire
Protection Engineer
2. Add the following definitions to section 202:
“Day-care Center - A day-care facility subject to licensure or commission

by the Department of Human Resources where more than 12 clients
receive care.”
“Group Day-care Home - A day-care facility subject to licensure or

commission by the Department of Human Resources where at least seven
but not more than 12 clients receive care.”
“Personal Care Home/Assisted Living Facility - Any building or part

thereof that is used for the lodging or boarding of residents, not related
by blood or marriage to the owners or operators, for the purpose of
providing personal care services and licensed as a personal care home or
assisted living facility.”
“Residential Occupancies. Occupancies, as specified in the scope of this

standard, include the following, as defined in Chapter 2 of this Code, or
the IBC, or by State law, or by the Rules and Regulations of the Georgia
Safety Fire Commissioner: (1) Apartment buildings, (2) Lodging and
rooming houses, (3) Board and care facilities, (4) Hotels, motels, and
dormitories, (5) Personal care homes and assisted living facilities , (6)
Day-care centers and group day-care homes.”
DT 3.31.10 Page 12 of 20
RZ10-001
TRANSPORTATION
Sandy Springs Right-of-way dedication: 30’ from centerline of Mountain Creek Rd.
Transportation
Public Works does not anticipate that the proposed use permit will cause an
Planner excessively burdensome use of existing streets or transportation facilities.
Georgia Department
There are no GDOT projects at the location for petition RZ10-001.
of Transportation
PUBLIC INVOLVEMENT
Required Meetings
− 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 surrounding
neighborhood, 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.
Notice Requirements
The petition will be advertised in the Daily Report on March 11, 2010 and March 25, 2010. The applicant
posted a sign issued by the Department of Community Development along the frontage of Mountain Creek
Road on February 12, 2010.

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. The
Public Participation Report must be submitted on or before April 13, 2010.
DT 3.31.10 Page 13 of 20
RZ10-001

written record of its investigation and recommendation on each rezoning petition with respect to the following
factors:
nearby property.
Finding: The staff is of the opinion that the proposed Personal Care Home is appropriate in view of the
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.
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 excessive
or 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.
which designates the property as Living-Working Neighborhood (LWN). The proposal lends
itself to the overall intent of the LWN designated areas that are intended for lower density
mixed land uses (residential and commercial) intended to serve a group of adjacent
neighborhoods and to be compatible with lower density residential neighborhoods. The LWN
land use designation recommends: Up to 5 units/acre of residential density, 10,000 sf/acre of
business 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 Green
Space).
The site plan provided by the applicant indicates the proposed density for the subject parcel is
5,233.18 sf/acre and indicates the total Open Space provided as follows:

• A one (1) story building
DT 3.31.10 Page 14 of 20
RZ10-001
The applicant is proposing to allow for a use consistent with O-I zoning. The subject property
provides adequate buffering to adjacent Protected Neighborhoods to the east and the use would
be in keeping with appropriate transition to the more intense uses to the west. Additionally,
Live-work developments should ensure walkable development patterns, and the applicant
would provide the required Urban Overlay District streetscape to include lighted and shaded
sidewalks.
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.

should be encouraged in the area to perpetuate economic vitality, increased green space,
and an improved transportation system.
should be above 25,000 square feet per acre. Building heights should not be limited in
this 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 less
than four (4) acres in size. Increased levels of open and green space, limiting direct
vehicular access to Roswell Road, and improving the area’s transportation network shall
be important considerations for the highest densities and building heights.
• The transition of densities and heights to levels similar to those in the Town Center area
should be considered on the northern boundary of the area along Cliftwood Drive and
Carpenter 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 and
development of the property, which give supporting grounds for approval or denial of the
Finding: The staff is of the opinion that the zoning proposal will not permit a use which can be
considered environmentally adverse to the natural resources, environment and citizens of
Sandy Springs.
DT 3.31.10 Page 15 of 20
RZ10-001
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) to
March 31, 2010.
proposal will not pose a detriment to the public because the structures are existing and sufficiently buffered.
Landscape Strip(s), Zoning Buffer(s) & Improvement 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.
Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weather
Community 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 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 sufficiently screened from adjoining properties, and the applicant will be
required to provide canopy mitigation for the landmark trees at the time of issuance of a land disturbance permit.
Landscape 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 of
DT 3.31.10 Page 16 of 20
RZ10-001
3. Variance from Section 8.1.3.C of the Zoning Ordinance 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.
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.
DT 3.31.10 Page 17 of 20
RZ10-001
It is the opinion of the staff that the proposed use in conformity with the intent of the Comprehensive Plan
nearby properties. Therefore, based on these reasons, the staff recommends APPROVAL CONDITIONAL of
this petition. The staff also recommends approval of the associated concurrent variances numbered 1 through
3.
DT 3.31.10 Page 18 of 20
RZ10-001
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 staff
recommends the approval be subject to the following conditions. The applicant’s agreement to these conditions
would not change staff recommendations. These conditions shall prevail unless otherwise stipulated by the Mayor
and 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.
Ordinance, the Development Standards contained therein, and these conditions prior to the
approval of a Land Disturbance Permit. The applicant shall be required to complete the concept
review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the issuance of a Certificate of
Occupancy.
b. The required and/or provided landscape strip(s) and zoning buffer(s) shall be planted to meet
the minimum standards as approved by the City Arborist.
c. Provide and maintain privacy screening along the southeastern edge of the proposed parking
spaces as approved by the Director of Community Development.
d. To planting the required landscape strips and zoning buffers to meet the minimum standards as
approved by the City Arborist.
e. To obtain a Certificate of Occupancy from the City prior to establishing the Group Residence
use. To obtain a second Certificate of Occupancy from the City prior to establishing the
Personal Care Home use.
a. 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) to comply in accordance with the site plan received by the Department of
Community Development on March 31, 2010 (CV10-001).
b. 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-weather surface/Driveway/Parking to comply in accordance with the site plan
received by the Department of Community Development on March 31, 2010 (CV10-001).
DT 3.31.10 Page 19 of 20
RZ10-001
c. Variance from Section 8.1.3.C of the Zoning Ordinance 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 (CV10-001).
d. The owner/developer shall dedicate thirty (30) feet of right-of-way from centerline of Mountain
Creek Road along the entire property frontage or ten and one-half (10.5) feet from back of curb,
Attachments
Site Plans dated received March 31, 2010

Rendering(s) dated received January 14, 2010
Letters of Intent dated received January 8, 2010
1st Amendment to the letter of intent dated received January 15, 2010
2nd Amendment to the letter of intent dated received January 16, 2010
2nd Amendment to the application dated received March 31, 2010
Applicant Zoning Impact Analysis dated received January 8, 2010
Letter Fulton County Dept. of the Environment & Community Development received February 16, 2010
Letter Fulton County Dept. of Health and Wellness received February 25, 2010
Draft discharge policy dated received March 17, 2010
Letters of opposition dated received March 17, 2010
City ADA memo dated March 29, 2010
DT 3.31.10 Page 20 of 20

Planning
Community Zoning Design Review Community Developer Mayor and City
Commission
Information Meeting Board Meeting Resolution Meeting Council Hearing
Hearing
January 26, 2010 January 26, 2010 February 25, 2010 March 18, 2010
April 20, 2010
Eugene and Mari Jo Grace/ Carol Jane
Carol Jane Reynolds Nathan V. Hendricks III
Reynolds
Address, Land Lot, 5790 & 5800 Mountain Creek Road
Council District 6
200 feet of frontage along the southwest side of Mountain Creek Road. The subject
Frontage and Area
property has a total area of approximately 0.83 acres (35,913 sq.ft.).
Existing Zoning and O-I (Office and Institutional District) conditional under zoning cases Z98-009 and Z99-062.
Use The property is developed with offices.
Overlay District Urban District
2027
Comprehensive
LWR (Living-Working Regional), Node 7: Roswell Road and I-285 (Downtown)
Future Land Use
Map Designation
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, WITH
CONCURRENT 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 and
conditioned to office uses within the existing structures.
The applicant is requesting to rezone the subject property from O-I (Office and Institutional District) conditional to
O-I (Office and Institutional District) conditional to initially allow Group Residences with a future transition into
Personal Care Homes. The applicant states that the residence numbered 5790 Mountain Creek Road contains
three bedrooms and two bathrooms, and the intent is to house up to eight occupants. The applicant states that the
residence numbered 5800 Mountain Creek Road contains three bedrooms and two bathrooms, and the intent is to
house up to eight occupants. The occupants will be completely ambulatory and will be developmentally disabled.
The applicant intends to make improvements/renovations to the existing building that include enclosing the
existing carport into heated floor area used for common dining.
DT 3.31.10 Page 1 of 21
RZ10-002
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 care
of persons with special needs which, in addition to providing food and shelter, may also provide some
combination of personal care, social or counseling services and transportation. Bedroom suites shall not
include kitchen facilities. For purposes of this Ordinance, group residence/shelter shall not include those
facilities 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, shelter
and personal services. This use shall not include hospitals, convalescent centers, nursing homes, hospices,
clinics, 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 of
daily living to include assistance with eating, bathing, grooming, dressing, toileting, and supervision of
medications) are provided to two or more adults not related to the owner or administrator by blood or
marriage.
NOTE: Under Chapter 111-8-62 of the State of Georgia Healthcare Facility Regulations for Personal Care Homes,
Group Residences are exempted from the regulations as follows:
• Group Residences organized by or for persons who choose to live independently or who manage their
own care and share the cost of services including but not limited to attendant care, transportation, rent,
utilities, and food preparation.
Additionally, the applicant is requesting three (3) concurrent variances as follows:
Buffer(s) & Improvement 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,
and
Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weather
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 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.
DT 3.31.10 Page 2 of 21
RZ10-002

DESIGN REVIEW BOARD ENDORSEMENT
RZ10-002 – APPROVED
Approved (5-0), Porter, Landeck, Richard, Westmoreland and Mobley for; Gregory Absent; Lichtenstein not
voting.

The petition was heard at the March 18, 2010 Planning Commission meeting. The Commission recommended
approval subject to staff conditions and with concern over the residences' ability to properly house up to 16
people. Approved (4-0, Maziar, Pond, Rubenstein, and Tart for; Duncan not voting; Thatcher and Rupnow
absent).
DT 3.31.10 Page 3 of 21
RZ10-002
Location Map
DT 3.31.10 Page 4 of 21
RZ10-002
BACKGROUND
The site is located on the southwest side of Mountain Creek Road, approximately 150 feet south of the
intersection of Carpenter Drive and Mountain Creek Road. The properties are zoned O-I (Office and
Institutional District) under zoning cases Z99-062 & Z98-009 and conditioned to office use within the
existing structure. The subject property is located within the Urban District of the Sandy Springs Overlay
District.
Square
Density
Requested Land Area Footage or
SUBJECT Proposed Use (Square Feet or
Zoning (Acres) Number of
PETITION Units per Acre)
Units
RZ09-009/
CV09-018 6,797.60 sf
O-I Personal Care Homes 0.83 (with enclosed 8,189.88 sf/acre
carports)
Location in Square
Density
relation to Land Area Footage or
Zoning Use (Square Feet or
subject (Acres) Number of
Units Per Acre)
property Units
Residence @ 5810
Northwest R-3 0.42 1 unit 2.38 units/acre
Mountain Creek Rd.
Residence @ 5805
Northeast R-3 0.50 1 unit 2.00 units/acre
Mountain Creek Rd.
Residence @ 5795
Northeast R-3 0.51 1 unit 1.96 units/acre
Mountain Creek Rd.
O-I
Office @ 5780
Southeast conditional 0.42 2,500 sf 5,952.38 sf/acre
Mountain Creek Rd.
Z02-081
A-1 Condos (Laurel Grove)
Southwest 4.90 93 units 18.98 units/acre
Z64-088 @ 346 Carpenter Dr.
DT 3.31.10 Page 5 of 21
RZ10-002
Zoning Map
DT 3.31.10 Page 6 of 21
RZ10-002
Future Land Use Map
DT 3.31.10 Page 7 of 21
RZ10-002
Subject Property (5800) Subject Property (5790)
Next door to 5800 (northwest of the subject

Between 5790 & 5800 Mountain Creek Road
property/5810 Mountain Creek Rd.)
DT 3.31.10 Page 8 of 21
RZ10-002
Across the street (northeast of the subject Across the street (northeast of the subject
properties/5805 Mountain Creek Rd.) properties/5805 & 5795 Mountain Creek Rd.)
Next door to 5790 (southeast of the subject

Sign (5800)
property/5780 Mountain Creek Rd.)
DT 3.31.10 Page 9 of 21
RZ10-002
Sign (5790)
DT 3.31.10 Page 10 of 21
RZ10-002
SITE PLAN ANALYSIS

The submitted site plan shows the subject properties to be rectangular, wooded, and sloping down toward
the 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%)
PARKING IMPACT ANALYSIS

Section 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces for Health
Care Facilities as follows:
• One space for every four (4) beds, and
• One space for every three (3) employees
The proposed Personal Care Homes would have no more than sixteen (16) beds plus two (2) employees
which would require six (6) parking spaces. The applicant has provided six (6) spaces.
The site plan shows the subject property to be wooded and indicates 24,179 square feet (67.33%) square feet of
undeveloped and/or open space. Additionally, the applicant will install the required landscaping as required
by the Urban Overlay District.
environmental issues. The report, in its entirety, is within the case file as a matter of record.
DT 3.31.10 Page 11 of 21
RZ10-002
DEPARTMENT COMMENTS
The staff held a Focus Meeting on February 3, 2010 at which the following departmental comments were
provided:
If the buildings at 5815, 5790, and 5800 Mountain Creek Road are
currently used as business offices and are changed to a Residential
Board and Care or Day Care occupancy, Section 4.6.11 of the 2000 Life
Safety Code would require that they be brought into compliance with
Sandy Springs all of the 2006 ICC codes, the Georgia Accessibility Code, and the 2000
Building Officer Life Safety Code. The occupant load factor would be 200 s.f. per person
for a Residential Board and Care occupancy and 35 s.f. per person for a
Day Care occupancy. Some, but not all of the items that may be
required are fire sprinklers, fire partitions, and secondary means of
escape from sleeping rooms.
Any work being performed on the structure(s) will need to comply

with the code standards adopted by the City of Sandy Springs as stated
in 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 will
be ambulatory. This does not relieve the applicant of compliance with
Sandy Springs ADA the “Georgia Accessibility Code: Chapter 120-3-20. Please note that
Compliance Officer section 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 or
has the effect of decreasing accessibility or usability of a building or
facility below the requirements for new construction at the time of the
alteration.” The entrances shall be accessible and at least one accessible
toilet room shall be installed. Signage must also be installed in
accordance with the code. The proceeding requirements are not all
inclusive of the code requirements for this project.
Sandy Springs
Engineering Plan
Reviewer
If the MCC chooses to approve the rezoning and concurrent variances a
Sandy Springs
condition could be added that the required landscape strips and zoning
Landscape
buffers be planted to meet the minimum standards as approved by the
Architect/Arborist
City Arborist.
DT 3.31.10 Page 12 of 21
RZ10-002
The change in occupancy classifies these structures as New Residential

Board and Care Occupancies and must comply with NFPA 101: 32.2 as
amended in 120-3-3 if there are 4-6 people which is “small” board and
care, over 6 people is large (sprinklers are required). DHR requires
licensing at 2 or more people.
For reference:
“3.3.134.13 Residential Board and Care Occupancy (Specifically

Personal Care Homes/Facilities and/or Assisted Living Homes/Facilities
as licensed by the Department of Human Resources). A building, or
part thereof, which is used for lodging and boarding of four or more
residents, not related by blood or marriage to the owners or operators, for
the purpose of providing personal care services. Any facility providing
lodging and boarding and personal care for four or more residents who
are mostly incapable of self-preservation, except brain injury centers,
because of physical or mental disability shall be classified as a health care
occupancy and shall meet the appropriate provisions of other chapters of
this Code for health care occupancies.”
GA state amendment to NFPA 101;

FIRE DEPT.
(b) Modifications to Chapter 2:

Sandy Springs Fire
Protection Engineer
2. Add the following definitions to section 202:
“Day-care Center - A day-care facility subject to licensure or commission

by the Department of Human Resources where more than 12 clients
receive care.”
“Group Day-care Home - A day-care facility subject to licensure or

commission by the Department of Human Resources where at least seven
but not more than 12 clients receive care.”
“Personal Care Home/Assisted Living Facility - Any building or part

thereof that is used for the lodging or boarding of residents, not related
by blood or marriage to the owners or operators, for the purpose of
providing personal care services and licensed as a personal care home or
assisted living facility.”
“Residential Occupancies. Occupancies, as specified in the scope of this

standard, include the following, as defined in Chapter 2 of this Code, or
the IBC, or by State law, or by the Rules and Regulations of the Georgia
Safety Fire Commissioner: (1) Apartment buildings, (2) Lodging and
rooming houses, (3) Board and care facilities, (4) Hotels, motels, and
dormitories, (5) Personal care homes and assisted living facilities , (6)
Day-care centers and group day-care homes.”
DT 3.31.10 Page 13 of 21
RZ10-002
TRANSPORTATION Sandy Springs Right-of-way dedication: 30’ from centerline of Mountain Creek Rd.
Transportation
Public Works does not anticipate that the proposed use permit will cause an
Planner
excessively burdensome use of existing streets or transportation facilities.
Georgia Department
There are no GDOT projects at the location for petition RZ10-002.
of Transportation
PUBLIC INVOLVEMENT
Required Meetings
− 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 surrounding
neighborhood, 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
Notice Requirements
The petition will be advertised in the Daily Report on March 11, 2010 and March 25, 2010. The applicant
posted signs issued by the Department of Community Development along the frontage of Mountain Creek
Road on February 12, 2010.

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. The
Public Participation Report must be submitted on or before April 13, 2010.
DT 3.31.10 Page 14 of 21
RZ10-002

written record of its investigation and recommendation on each rezoning petition with respect to the following
factors:
nearby property.
Finding: The staff is of the opinion that the proposed Personal Care Homes are appropriate in view of
the 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.
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 excessive
or burdensome use of the existing infrastructure.
Public Works does not anticipate that the proposed use permit will cause an excessively
which designates the property as Living-Working Regional (LWR). The proposal lends itself to
the overall intent of the LWR designated areas that are intended for high intensity/density
mixed land uses (residential and commercial) intended for major transportation areas and areas
having significant concentrations of employment. The LWR land use designation recommends:
Over 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 parcels
are 8,189.88 sf/acre and indicates the total Open Space provided as follows:

• Two (2) one (1) story buildings
DT 3.31.10 Page 15 of 21
RZ10-002
The applicant is proposing to allow for a use consistent with O-I zoning. The subject property
provides adequate buffering to adjacent Protected Neighborhoods to the east and the use would
be in keeping with appropriate transition to the more intense uses to the west. Additionally,
Live-work developments should ensure walkable development patterns, and the applicant
would provide the required Urban Overlay District streetscape to include lighted and shaded
sidewalks.
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.

should be encouraged in the area to perpetuate economic vitality, increased green space,
and an improved transportation system.
should be above 25,000 square feet per acre. Building heights should not be limited in
this 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 less
than four (4) acres in size. Increased levels of open and green space, limiting direct
vehicular access to Roswell Road, and improving the area’s transportation network shall
be important considerations for the highest densities and building heights.
• The transition of densities and heights to levels similar to those in the Town Center area
should be considered on the northern boundary of the area along Cliftwood Drive and
Carpenter 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 and
development of the property, which give supporting grounds for approval or denial of the
Finding: The staff is of the opinion that the zoning proposal will not permit a use which can be
considered environmentally adverse to the natural resources, environment and citizens of
Sandy Springs.
DT 3.31.10 Page 16 of 21
RZ10-002
The applicant is requesting three (3) concurrent variances as follows:
Zoning Buffer(s) & Improvement Setback(s) to the extent necessary for the existing structure(s) to
March 31, 2010.
proposal will not pose a detriment to the public because the structures are existing and sufficiently buffered.
Landscape Strip(s), Zoning Buffer(s) & Improvement 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.
Zoning Buffer(s) & Improvement Setback(s) to the extent necessary to allow for proposed All-weather
proposal will not pose a detriment to the public because the proposed parking spaces would be sufficiently
screened from adjoining properties. Therefore, based on these reasons, the staff recommends APPROVAL of the
variance to reduce the required Landscape 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 of Community Development on March 31, 2010.
DT 3.31.10 Page 17 of 21
RZ10-002
3. Variance from Section 8.1.3.C of the Zoning Ordinance 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.
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.
DT 3.31.10 Page 18 of 21
RZ10-002
It is the opinion of the staff that the proposal is in conformity with the intent of the Comprehensive Plan
nearby properties. Therefore, based on these reasons, the staff recommends APPROVAL CONDITIONAL of
this petition. The staff also recommends approval of the associated concurrent variances numbered 1 through
3.
DT 3.31.10 Page 19 of 21
RZ10-002

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 staff
recommends the approval be subject to the following conditions. The applicant’s agreement to these
conditions would not change staff recommendations. These conditions shall prevail unless otherwise
stipulated 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 developed
at 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.
Ordinance, the Development Standards contained therein, and these conditions prior to the
approval of a Land Disturbance Permit. The applicant shall be required to complete the concept
review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the issuance of a Certificate of
Occupancy.
b. The required and/or provided landscape strip(s) and zoning buffer(s) shall be planted to meet
the minimum standards as approved by the City Arborist.
c. To planting the required landscape strips and zoning buffers to meet the minimum standards as
approved by the City Arborist.
d. To obtain a Certificate of Occupancy from the City prior to establishing the Group Residence
uses. To obtain a second Certificate of Occupancy from the City prior to establishing the
Personal Care Home uses.
a. 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) to comply in accordance with the site plan received by the Department of
Community Development on March 31, 2010 (CV10-002).
b. 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-weather surface/Driveway/Parking to comply in accordance with the site plan
received by the Department of Community Development on March 31, 2010 (CV10-002).
DT 3.31.10 Page 20 of 21
RZ10-002
c. Variance from Section 8.1.3.C of the Zoning Ordinance 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 (CV10-002).
d. The owner/developer shall dedicate thirty (30) feet of right-of-way from centerline of Mountain
Creek Road along the entire property frontage or ten and one-half (10.5) feet from back of curb,
Attachments
Site Plans dated received March 31, 2010

Rendering(s) dated received January 14, 2010
Letters of Intent dated received January 8, 2010
1st Amendment to the letter of intent dated received January 15, 2010
2nd Amendment to the letter of intent dated received January 16, 2010
2nd Amendment to the application dated received March 31, 2010
Applicant Zoning Impact Analysis dated received January 8, 2010
Letter Fulton County Dept. of the Environment & Community Development received February 16, 2010
Letter Fulton County Dept. of Health and Wellness received February 25, 2010
Septic System Documentation dated received February 26, 2010
Draft discharge policy dated received March 17, 2010
Letters of opposition dated received March 17, 2010
City ADA memo dated March 29, 2010
DT 3.31.10 Page 21 of 21
Zoning Modification Petition No. ZM10-001

Community Zoning Information Meeting Mayor and City Council Hearing
February 23, 2010 April 20, 2010
Bill Long Ron Wood Rex Bray
Address, Land Lot, 1349 & 1369 Spalding Drive
Council District 1
400 feet of frontage along the southeast side of Spalding Drive. The subject properties
Frontage and Area
have a total area of 5.33 acres (232,174.8 square feet).
Existing Zoning R-2 (Single-family Dwelling District), currently developed with a residence and a
and Use religious facility under Fulton County use permit U89-083.
2027
Comprehensive
Residential, 1 to 2 units per acre (R1-2), Protected Neighborhood
Future Land Use
Map Designation
Proposed Use Religious Facility
INTENT
MODIFICATION 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 as
follows:
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 to
emergency and residential use only.
3. To delete condition 3.f. of petition U89-083 to allow vehicular connection from Spalding Drive to the
adjacent church property to the south.

ZM10-001 – APPROVAL CONDITIONAL
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
ZM10-001
Location Map
DT 3.30.10 Page 2 of 16
ZM10-001
BACKGROUND
The 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 Spalding
Drive 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 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.
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 Land
Disturbance 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 and
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
alteration of 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, and proposed provisions for permanent, storm water retention and the method of
continuing maintenance of these facilities.
c. To submit to the Director of Public Works for his approval, prior to the approval of a Land
Disturbance 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
development shall be in place within 90 days after the issuance of a Certificate of
Occupancy 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 any
parcel zoned pursuant to this petition, a copy of all easement agreements for shared
parking 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 Traffic
Engineer.
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 Fulton
and Dekalb County.
e. All parking shall be located to the rear of the existing structure, and shall be limited to the
number of spaces required for general office use in the existing structure.
DT 3.30.10 Page 3 of 16
ZM10-001
f. No vehicular connection between the subject site and the adjacent church property, except
for access to parking.
g. Provide a minimum 6 foot high, 100% opaque solid wooden fence or masonry wall for
screening purposes, subject to the approval of the Director of Planning and Economic
Development, along the periphery of any new parking area; said fence/wall to be located
outside of any public right-of-way and interior to any required landscape strips and/or
buffers. 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 residential
uses shall not exceed three (3) feet in height and shall be designed, located and installed in
such a way as to screen the light source from adjacent residential property and to direct
light solely onto the parking area or structure on which it is located; nor shall such
lighting devises be illuminated before or after the hours of operation defined in condition
l.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, and

improvements:
a. Dedicate at no cost to Fulton County along the entire property frontage, prior to the
approval of a 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 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 necessary construction easements
while 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 of
road 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 located
within 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 Disturbance
Permit, to arrange with the County Arborist an on-site evaluation of existing specimen
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

County Tree Preservation Ordinance Administrative Guidelines, either through the
retention of existing trees, or tree replacement in perpetuity.
DT 3.30.10 Page 4 of 16
ZM10-001
Square Density (Square

SUBJECT Land Area Footage or Footage or
Proposed Use
PETITION (Acres) Number of Number of Units
ZM09-008/ Units per acre)
CV09-013
Religious Facility @ 1349 Spalding
2.30 3,200 SF 1,391.3 SF/acre
Drive
Location in Square Density (Square

relation to Land Area Footage or Footage or
Zoning Use
subject (Acres) Number of Number of Units
property Units per acre)
CUP 7906 Stafford Ln.–
North conditional single family residence 0.54 1 1.85
Z00-078 (Stafford Manor, SD)
100 Spalding Springs
R-4
Ct.– single family
North conditional 0.31 1 3.23
residence
Z93-028
(Spalding Springs, SD)
R-4
Ln.– single family
residence
Z93-028
R-4
Ln.– single family
residence
Z93-028
1389 Spalding Rd. –
East R-2 1.20 1 0.83
single family residence
Residential 5676 Roberts Dr. -
South (City of North Atlanta Church ______ _______ _________
Dunwoody) of Christ
1329 Spalding Rd. –
West R-2 1.57 1 0.64
single family residence
DT 3.30.10 Page 5 of 16
ZM10-001
Zoning Map
DT 3.30.10 Page 6 of 16
ZM10-001
Future Land Use Map
DT 3.30.10 Page 7 of 16
ZM10-001
North of Subject Properties (Stratford Manor) North of Subject Properties (Spalding Springs)
North of Subject Properties (Spalding Springs) From 1349 looking east at 1369
DT 3.30.10 Page 8 of 16
ZM10-001
Back Yard of 1349 (looking south @ North Atlanta

From 1349 looking east
Church of Christ)
Back Yard of 1349 (looking south @ North Atlanta Back Yard of 1349 (looking west @ 1329 Spalding
Church of Christ) Drive)
DT 3.30.10 Page 9 of 16
ZM10-001
1369 Spalding Drive From 1369 looking east at 1389 Spalding Drive
Back Yard of 1369 (looking south @ North Atlanta

Back Yard of 1369 (looking west @ 1349)
Church of Christ)
DT 3.30.10 Page 10 of 16
ZM10-001
Sign
DT 3.30.10 Page 11 of 16
ZM10-001
APPLICANT’S INTENT
The applicant is requesting a zoning modification to the conditions of Fulton County zoning case U89-083 as
follows:
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 to
emergency and residential use only.
3. To delete condition 3.f. of petition U89-083 to allow vehicular connection from Spalding Drive to the
adjacent church property to the south.
The applicant intends to construct a section of new driveway that would connect the existing parking lot
at 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 the
adjacent church property to the south would not adversely affect adjacent or nearby properties because this vehicular
connectivity between Spalding Drive and Roberts Drive would not be a thoroughfare and would have restricted
operation . The staff has received notice or letters of opposition from the adjacent neighbors (notably from Ms. Nina
Simitses @ 1389 Spalding Drive) expressing concerns over increased traffic on Spalding Drive; however, the
following comments from Public Works have addressed the neighbors’ concerns and have been incorporated in the
Staff Recommended Conditions:
• Public Works does not anticipate that the proposed zoning modification will cause an excessively
• Access must be closed via physical barrier or gate to disallow through traffic between Spalding
Drive 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 the
Development Regulations Ordinance.
• Prior to use, the applicant must provide stamped sight distance survey showing that the driveway
will meet AASHTO standards for intersection sight distance at this location.
Therefore, the staff recommends APPROVAL of this modification request.
DT 3.30.10 Page 12 of 16
ZM10-001
DEPARTMENT COMMENTS
The staff held a Focus Meeting on March 3, 2010 at which the following departmental comments were
provided:
DEVELOPMENT DIVISION
Sandy Springs The Building Department has no comments on the items from the
Building Officer 3/3/10 focus meeting.
BUILDING AND
Sandy Springs
Development Plan
Review Engineer
Sandy Springs
The proposed connecting driveway will cause the removal of two pine
Landscape
trees approximately 20” DGH and about five Leyland Cypress.
Architect/Arborist
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 of
the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 500 feet (152 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the
exterior of the facility or building, on-site fire hydrant mains shall be
FIRE DEPT.
provided where required by the local Fire Chief and /or Fire Code
Sandy Springs Fire
Official of the responding fire department or agency.
Protection Engineer
“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 automatic
sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2, the distance requirement shall be 600 feet (183 m).”
• Public Works does not anticipate that the proposed zoning
modification will cause an excessively burdensome use of existing
streets or transportation facilities.
• Right-of-way dedication: 40’ Spalding Drive
• Access must be closed via physical barrier or gate to disallow
TRANSPORTATION
through traffic between Spalding Drive and Roberts Drive on

Sandy Springs
Monday through Friday from 6-9 am and 4-7 pm.
Transportation
• Driveway must be used for exit only during Sunday services.
Planner
• Driveway must be upgraded to meet all City standards for an
institutional use per the Development Regulations Ordinance.
• Prior to use, the applicant must provide stamped sight distance
survey showing that the driveway will meet AASHTO standards
for intersection sight distance at this location.
Georgia Department
There are no GDOT requirements that need to be addressed at this time.
of Transportation
DT 3.30.10 Page 13 of 16
ZM10-001
STAFF RECOMMENDATION
The staff recommends APPROVAL CONDITIONAL of the zoning modification request. The staff
recommends 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, these
conditions 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 Land
Disturbance 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 and
meeting or exceeding the requirements of the Zoning Resolution. To the site plan received by
the Department of Community Development on February 1, 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 the approval of a Land Disturbance
Permit. The applicant shall be required to complete the concept review procedure prior to
application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions 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 alteration
of 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, and
proposed provisions for permanent, storm water retention and the method of continuing
maintenance of these facilities.
Disturbance 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 development
shall be in place within 90 days after the issuance of a Certificate of Occupancy 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 any
parcel zoned pursuant to this petition, a copy of all easement agreements for shared parking
and 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 Traffic
Engineer Director of Public Works.
b. No thoroughfare access between Spalding Drive and Roberts Drive in Dekalb County.
DT 3.30.10 Page 14 of 16
ZM10-001
c. No roof or billboard signs are permitted.
d. No structure on the subject site will be located across the boundary line separating Fulton the
City 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 the
number 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 for
access to parking.
f. Provide a minimum 6 foot high, 100% opaque solid wooden fence or masonry wall for
screening 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 be
located outside of any public right-of-way and interior to any required landscape strips and/or
buffers. 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 uses
shall not exceed three (3) feet in height and shall be designed, located and installed in such a
way as to screen the light source from adjacent residential property and to direct light solely
onto the parking area or structure on which it is located; nor shall such lighting devises be
illuminated 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 of
a 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 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 necessary construction easements while the rights-of-way
are 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,
b. Improve the following roadways along the entire property frontage from the center of road to
back 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 the
center of the road to the back of the curb along Spalding Drive (M91-038).
DT 3.30.10 Page 15 of 16
ZM10-001
c. Design required on-site storm water detention facilities such that they are not located within
any 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 Land
Disturbance Permit, to arrange with the County Arborist an on-site evaluation of existing
specimen 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 County
City 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 barrier
or gate to disallow through traffic, with exception of emergency vehicle and Counseling Center
personnel vehicles, between Spalding Drive and Roberts Drive on Monday through Friday from
6-9 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 per
the Development Regulations Ordinance.
f. Prior to use of the subject driveway as proposed and conditioned, the applicant shall provide
stamped sight distance survey showing that the driveway will meet AASHTO standards for
intersection sight distance at this location.
g. The owner/developer shall contract a police officer to direct traffic at the subject driveway on
Spalding 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 to
34 feet (west boundary) (V89-182).
i. To reduce the distance between building and residential districts from the required 100 feet to
82 feet (north-easterly boundary); Property having frontage 200 feet along the southeasterly side
of Spalding Drive, beginning 1136.85 feet southwesterly from the intersection of the
southwesterly side of Spalding Drive with the southwesterly side of Roberts Drive and running
southwesterly 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, 2010
Site Plan(s) received February 1, 2010
Letter Fulton County Dept. of the Environment & Community Development received March 9, 2010
Letter City of Atlanta Department of Watershed Management received March 9, 2010
Letters of support received February 9, 2010 and March 10, 2010
Letter of opposition received February 23, 2010
DT 3.30.10 Page 16 of 16
Zoning Modification Petition No. ZM10-002

Community Zoning Information Meeting Mayor and City Council Hearing
February 23, 2010 April 20, 2010
SSC Abernathy, L.P., a Georgia William Woodson Galloway,
Coro Realty Advisors, LLC
Limited Partnership Esq.
Address, Land Lot, 6690 Sunny Brook Lane
Council District 3
920 feet of frontage along the north side of Abernathy Road and 315 feet of frontage
Frontage and Area along 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 C-1 (Community Business District) under Fulton County zoning case Z86-200,
and Use currently developed with a shopping center.
2027
Comprehensive Living-Working Community (LWC), Node 10: Intersection of Abernathy Road and
Future Land Use Roswell Road.
Map Designation
Proposed Use Shopping Center
INTENT
MODIFICATION OF CONDITION 3.S. OF PETITION Z86-200 (APPROVED BY THE FULTON
COUNTY BOARD OF COMMISSIONERS ON NOVEMBER 5, 1986).
The applicant is requesting a zoning modification to the conditions of Fulton County zoning case Z86-200 as
follows:
1. To modify condition 3.s. of petition Z86-200 to: The hours of operation of any business located within
the 35,987 square foot portion of the main building, which is adjacent to the north property line, shall
be limited to between 7:00 a.m. and 11:00 p.m. The hours of operation of any business located within
the 60,642 square foot portion of the main building, which is adjacent to the west property line, shall
be limited to between 5:00 a.m. and 11:00 p.m.

ZM10-002 – APPROVAL CONDITIONAL
DT 3.30.10 Page 1 of 19
ZM10-002
Location Map
DT 3.30.10 Page 2 of 19
ZM10-002
BACKGROUND
The site is located at the intersection of Abernathy Road, Roswell Road, and Sunny Brook Lane. The
property is zoned C-1 (Community Business District) under Fulton County zoning case Z86-200. Under
Z86-200, 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, but
excluding fast food restaurants with drive-through service, service stations and
commercial amusements, to be contained 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 Department on 11/5/86 and to submit to the
Director of Public Works for his approval, prior to the approval of a Land Disturbance
Permit, a revised Site Plan based on a certified boundary survey of the property,
incorporating the stipulations of these conditions of zoning approval and 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
alteration of 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, and proposed provisions for permanent storm water retention and the method of
continuing maintenance of these facilities.
Disturbance Permit, a detailed landscape plan for all required landscape strips. Said
landscaping for each phase of development shall be in place within 90 days after the
issuance of a 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 of Occupancy 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
property lines and in the widths shown and subject to the approval of the Fulton County
Arborist and the Director of Planning and Economic Development (the width of buffers
shall be measured from the limits of construction for existing and proposed public
roadways as applicable):
50 feet wide on the west and north property lines except on the northeast corner as shown
on the site plan referenced in 2.a.
DT 3.30.10 Page 3 of 19
ZM10-002
b. Provide a minimum 75 foot building setback from the north and west property lines as
indicated 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 Sunny
Brook 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 owned
property.
e. Provide an 8 foot high fence or wall for security and visibility subject to the approval of
the Director of Planning and Economic Development along the entire length of the west
and north property lines (except for approved access crossings), said improvements to be
located 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 line
adjacent 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
north property 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 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 the
Director of Planning and Economic Development.
j. Limit the free-standing project identification signage on the entire property to no more
than two double-faced monument signs adjacent to Abernathy Road, one having no more
than 60 square feet of surface area per face and the second having no more than 20 square
feet of surface area per face, and further each not to exceed a height of 15 feet from
finished 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 foot
wide landscape island at the end of each parking bay and a minimum 5 foot wide
landscape island for each 225 feet of continuous bay length.
m. To provide and maintain off-street parking on the subject property during the entire
construction 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
DT 3.30.10 Page 4 of 19
ZM10-002
lines and shall be screened with a minimum 6 foot high 100 percent opaque fence or other
visual barrier as may be approved by the Director of Planning and Economic
Development. Trash pickup will be limited to 9:00 a.m. to 6:00 p.m., Monday through
Friday.
p. Storm water retention shall be provided in accordance with Fulton County Engineering
Department standards and will meet or exceed the requirements of the Fulton County
Storm 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 and
other landscaped areas and a copy of those provisions shall be submitted to the
Homeowners.
r. Deliveries will be limited to between the hours of 8:00 a.m. and 6:00 p.m., Monday
through Saturday.
s. The hours of operation in the Main Building of the shopping center closest to the north
and 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 Building
shall 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 and

improvements:
a. Dedicate at no cost to Fulton County prior to the approval of a Land Disturbance Permit
the following 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 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 of
road to back of curb as follows:
38 feet from centerline of Abernathy Road to the easternmost curb cut and 26 feet along
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 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 of
Roswell Road to Wright Road;
(ii) Provide an additional and exclusive right turn lane from Sunny Brook Lane along
DT 3.30.10 Page 5 of 19
ZM10-002
Roswell Road to Abernathy Road;
(iii) Reconstruct the island located at the intersection of Roswell and Abernathy Road to
allow for an additional lane on Abernathy Road through the intersection;
(iv) Provided existing right-of-way is sufficient, to provide an exclusive right turn lane
along 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 project
entrances;
(vi) To provide 2 left turn lanes from westbound Abernathy onto northbound Roswell
Road, provided, the approval of Fulton County is obtained.
d. Connect to metropolitan water and public sanitary sewer available to the site as well as
pay all required tap-on fees, front footage assessments and the pro-rated share of the cost
of public utility extensions and the cost of the Marsh Creek sewer relief system as
determined by the Department 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 Fire
Department.
f. Design required on-site storm water detention facilities such that they are not located
within any required buffers, landscape strips or on required parking areas or as may be
approved by the Director of Public Works.
g. Construct sidewalks along entire property frontages on Roswell Road, Abernathy Road
and Sunny Brook Lane. Said sidewalks shall be in place prior to the issuance of a
Certificate 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, to
arrange 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 specimen
trees/stands, or tree protection zones within landscape area boundaries for the
implementation of a tree protection plan.
DT 3.30.10 Page 6 of 19
ZM10-002
Square Density (Square

Land Area Footage or Footage or
SUBJECT Proposed Use
(Acres) Number of Number of Units
PETITION
Units per acre)
ZM10-002
Sandy Springs Crossing Shopping
12.62 138,421 10,968 SF/acre
Center (Tract “A”)
Location in Square Density (Square

relation to Land Area Footage or Footage or
Zoning Use
subject (Acres) Number of Number of Units
property Units per acre)
North R-3 Stone Mill Trace, SD 2.50 4 units 1.60 UPA
Sunny Brook
North & East R-3 1.95 4 units 2.05 UPA
Meadows, SD
C-1
Sandy Springs Village
South conditional 5.30 58,150 SF 10,972 SF/acre
Shopping Center
Z96-074
Abernathy
South Greenway Park _____ _______ ___________
Linear Park
Abernathy
West Greenway Park _____ _______ ___________
Linear Park
6715 thru 6675 Wright
West R-3 2.07 5 units 2.42 UPA
Rd.
DT 3.30.10 Page 7 of 19
ZM10-002
Zoning Map
DT 3.30.10 Page 8 of 19
ZM10-002
Future Land Use Map
DT 3.30.10 Page 9 of 19
ZM10-002
Subject Property looking south along the western

Subject Property
property line
Subject Property looking west Subject Property looking northwest
DT 3.30.10 Page 10 of 19
ZM10-002
Subject Property looking west along the northern

Subject Property looking north
property line
East of Subject Property (6691 Sunny Brook Ln./Sunny

East of Subject Property (Alderwood SD)
Brooks Meadows SD)
DT 3.30.10 Page 11 of 19
ZM10-002
East of Subject Property (up Abernathy Rd.) Southeast of Subject Property (Abernathy Square)
South of Subject Property (Sandy Springs Village) Sign
DT 3.30.10 Page 12 of 19
ZM10-002
Sign
APPLICANT’S INTENT
The applicant is requesting a zoning modification to the conditions of Fulton County zoning case Z86-200 as
follows:
1. To modify condition 3.s. of petition Z86-200 to: The hours of operation of any business located within the
35,987 square foot portion of the main building, which is adjacent to the north property line, shall be
limited to between 7:00 a.m. and 11:00 p.m. The hours of operation of any business located within the
60,642 square foot portion of the main building, which is adjacent to the west property line, shall be
limited 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 building,
which 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 of
the main building, which is adjacent to the west property line, between hours of 5:00 a.m. and 11:00 p.m. would not
adversely affect adjacent or nearby properties because certain business activities, including deliveries and trash pick-
up, would be restricted behind the Main Building(s), adjacent to the northern and western property lines. The staff
has 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 building
and to a certain business.
b. Limiting the use of the area behind the Main Building, including western building, in addition to
the 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 Recommended
Conditions. Item ‘b.’ above has not been addressed by the applicant; however, the Staff Recommended Conditions
addresses this concern. Therefore, the staff recommends APPROVAL of this modification request.
DT 3.30.10 Page 13 of 19
ZM10-002
DEPARTMENT COMMENTS
The staff held a Focus Meeting on March 3, 2010 at which the following departmental comments were
provided:
DEVELOPMENT DIVISION
Sandy Springs The Building Department has no comments on the items from the
Building Officer 3/3/10 focus meeting.
BUILDING AND
Sandy Springs
There are no engineering requirements that need to be addressed at this
Development Plan
time.
Review Engineer
Sandy Springs
There are no landscape requirements that need to be addressed at this
Landscape
time.
Architect/Arborist
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 of
the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 500 feet (152 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the
exterior of the facility or building, on-site fire hydrant mains shall be
FIRE DEPT.
provided where required by the local Fire Chief and /or Fire Code
Sandy Springs Fire
Official of the responding fire department or agency.
Protection Engineer
“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 automatic
sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2, the distance requirement shall be 600 feet (183 m).”
TRANSPORTATION
Sandy Springs Public Works does not anticipate that the proposed zoning modification
Transportation will cause an excessively burdensome use of existing streets or
Planner transportation facilities.
Georgia Department
See attached letter from the Georgia Department of Transportation
of Transportation
The staff has not received any additional comments from the Fulton County Board of Education or the
Fulton County Emergency Services Department.
DT 3.30.10 Page 14 of 19
ZM10-002
STAFF RECOMMENDATION
The staff recommends APPROVAL CONDITIONAL of the zoning modification request. The staff
recommends 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, these
conditions 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 of
total floor area per acre zoned or a total floor area of 135,000 square feet, but excluding fast food
restaurants with drive-through service, service stations and commercial amusements, to be
contained 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 the
approval of a Land Disturbance Permit, a revised Site Plan based on a certified boundary
survey of the property, incorporating the stipulations of these conditions of zoning approval
and 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 alteration
of 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, and
proposed provisions for permanent storm water retention and the method of continuing
maintenance of these facilities.
Disturbance Permit, a detailed landscape plan for all required landscape strips. Said
landscaping for each phase of development shall be in place within 90 days after the issuance of
a 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 of
Occupancy 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 property
lines and in the widths shown and subject to the approval of the Fulton County City Arborist
and the Director of Planning and Economic Community Development (the width of buffers
shall be measured from the limits of construction for existing and proposed public roadways as
applicable):
50 feet wide on the west and north property lines except on the northeast corner as
shown on the site plan referenced in 2.a.
b. Provide a minimum 75 foot building setback from the north and west property lines as
indicated on the site plan referenced in condition 2.a.
DT 3.30.10 Page 15 of 19
ZM10-002
c. Provide a 20 foot wide landscape strip outside of the new dedicated right-of-way of Sunny
Brook 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 City
owned property.
e. Provide an 8 foot high fence or wall for security and visibility subject to the approval of the
Director of Planning and Economic Community Development along the entire length of the
west and north property lines (except for approved access crossings), said improvements to be
located 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 line
adjacent 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 north
property 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 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 the Director of
Planning and Economic Community Development.
j. Limit the free-standing project identification signage on the entire property to no more than two
double-faced monument signs adjacent to Abernathy Road, one having no more than 60 square
feet of surface area per face and the second having no more than 20 square feet of surface area
per face, and further each not to exceed a height of 15 feet from finished 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 foot wide
landscape island at the end of each parking bay and a minimum 5 foot wide landscape island
for each 225 feet of continuous bay length.
m. To provide and maintain off-street parking on the subject property during the entire
construction 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 lines
and shall be screened with a minimum 6 foot high 100 percent opaque fence or other visual
barrier as may be approved by the Director of Planning and Economic Community
Development. Trash pickup will be limited to 9:00 a.m. to 6:00 p.m., Monday through Friday.
DT 3.30.10 Page 16 of 19
ZM10-002
p. Storm water retention shall be provided in accordance with Fulton County the City’s Chief
Engineering Department standards and will meet or exceed the requirements of the Fulton
County City’s Storm 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 required landscaped setbacks
and 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 through
Saturday.
s. The hours of operation of any business located within the 35,987 square foot portion of the main
building, which is adjacent to the north property line, shall be limited to between 7:00 a.m. and
11:00 p.m. The hours of operation of any business located within the 60,642 square foot portion
of the main building, which is adjacent to the west property line, shall be limited to between
5:00 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 shall
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 and improvements:
a. Dedicate at no cost to Fulton County the City of Sandy Springs prior to the approval of a Land
Disturbance Permit the following rights-of-way, and dedicate at no cost to Fulton County the
City 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 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 of road to
back of curb as follows:
38 feet from centerline of Abernathy Road to the easternmost curb cut and 26 feet
along 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 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 of
Roswell Road to Wright Road;
(ii) Provide an additional and exclusive right turn lane from Sunny Brook Lane along Roswell
Road to Abernathy Road;
DT 3.30.10 Page 17 of 19
ZM10-002
(iii) Reconstruct the island located at the intersection of Roswell and Abernathy Road to allow
for an additional lane on Abernathy Road through the intersection;
(iv) Provided existing right-of-way is sufficient, to provide an exclusive right turn lane along
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 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 all
required tap-on fees, front footage assessments and the pro-rated share of the cost of public
utility extensions and the cost of the Marsh Creek sewer relief system as determined by the
Department 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 within
any required buffers, landscape strips or on required parking areas or as may be approved by
the Director of Public Works.
g. Construct sidewalks along entire property frontages on Roswell Road, Abernathy Road and
Sunny Brook Lane. Said sidewalks shall be in place prior to the issuance of a Certificate of
Occupancy 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 site
plan, to arrange 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 specimen
trees/stands, or tree protection zones within landscape area boundaries for the implementation
of a tree protection plan.
c. Activity involving direct interaction with the paying customers of all shopping center
businesses shall be prohibited behind the Main Building(s), adjacent to the northern and
western property lines.
DT 3.30.10 Page 18 of 19
ZM10-002
Attachments
Letter of Intent dated received February 1, 2010

Site Plan received February 1, 2010
Letter Fulton County Dept. of the Environment & Community Development received March 9, 2010
Letter City of Atlanta Department of Watershed Management received March 9, 2010
GDOT letter received March 24, 2010
Letters of opposition received March 10, 2010
DT 3.30.10 Page 19 of 19
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
Application for Department of Community Affairs Opportunity Zone Program
Item:
CMO (CITY MANAGER’S OFFICE) RECOMMENDATION
Approve City’s application for DCA Opportunity Zone Program and adopt the South Roswell
Road/I-285 Corridor Redevelopment Plan.
BACKGROUND
Georgia Department of Community Affairs Rule 110-24-1 establishes participation requirements

for the Opportunity Zone Job Tax Credit Program. Within areas in need of redevelopment and
revitalization, the state will allow enhanced job tax credits per O.C.G.A. §48-7-40.1(c)(4), which
includes 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; and
3. 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 been
prepared; however, the proposed Opportunity Zones are not located within the boundaries of a
state enterprise zone. Therefore, a redevelopment plan must be adopted to apply for the
program. The South Roswell Road/I-285 Corridor Redevelopment Plan has been prepared for
Council review to meet this requirement. A map showing the renewal area boundary and the
individual Opportunity Zone parcels has been provided. It is important to note that the entire
renewal area is not an Opportunity Zone-only those parcels highlighted may qualify. Summary
information on the benefits of participating in the program has also been included.
Page 1 of 2
The Mayor and City Council deferred this item at the Tuesday, April 6 regular meeting and
directed staff to evaluate the potential impact of the Redevelopment Plan and Opportunity Zone
designation on property values in the proposed redevelopment area. To provide such an
assessment, a real estate property appraiser will be available to advise Council on this matter at
the Tuesday, April 20 regular meeting. At Council’s request, staff has also consulted with the
City Attorney, who has advised that the Georgia Redevelopment Law requires that only some of
the slum area conditions be present to qualify a redevelopment area. Crime data and a map
have been included with the agenda item Attachment to further support that some of the
conditions described in the Redevelopment Law exist in the proposed redevelopment area.
Finally, Council directed staff to conduct a community information meeting to provide an
opportunity for additional public comment on the proposed Redevelopment Plan and
Opportunity Zone application. A meeting was held on Monday, April 12, with approximately 60
residents in attendance. Issues raised at the meeting are summarized in the agenda item
Attachment, along with a map showing a proposed revision to the redevelopment area
boundary requested by some of the residents at the meeting. Copies of the proposed
Redevelopment Area map were also made available for the Homeowners Association Meeting
on Tuesday, April 13, 2010, as requested by several residents in attendance at the April 12,
meeting.
ALTERNATIVES
Mayor and Council may elect to not pursue participation in the Opportunity Zone Program at
this time, or they may modify the proposed Redevelopment Plan to reduce either the area or
types of land uses included in the proposed Redevelopment Plan and Opportunity Zones.
FINANCIAL IMPACT
None.
CONCURRENT REVIEW
Cecil G. McLendon, Jr., City Attorney
ATTACHMENT(S)
1. Attachment A and Attachment B

2. South Roswell Road/I-285 Corridor Redevelopment Plan
City Attorney Certification
Resolution to adopt redevelopment plan
CDBG Anti-displacement and Relocation Policy
Opportunity Zone parcel addresses
3. DCA “How Opportunity is Created” summary
4. DCA Opportunity Zone Job Tax Credits summary
5. PPT presentation
Page 2 of 2
Opportunity Zone Job Tax Credit Program
& South Roswell Rd./I-285 Corridor
Redevelopment Plan
City of Sandy Springs
Community Development Department
7840 Roswell Rd., Bldg. 500
www.sandyspringsga.org
04.20.10
Opportunity Zone/Redevelopment Plan
Presented April 6, 2010
• Opportunity Job Tax Credit
Program
- $3,500 per job
- 100% credit against business
income tax
- Min. 2 jobs/5 years
- 10 yr. OZ designation
• Opportunity Zones
- Pervasive poverty,
underdevelopment, general
distress, blight
- State Enterprise Zone or Local
Redevelopment Area
Redevelopment Plan
required
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
Conclusion
Questions/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 Meeting
Agenda
Description: Intergovernmental Rental Agreement with the Board of Regents of the
University System of Georgia, for the Georgia Institute of Technology’s
Canoe/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 to
house 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 their
club to house their boats and use the docks to conduct club practice in the Bull Sluice, which is
part 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 in
the 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.
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 is
7840 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 UNIVERSITY
SYSTEM OF GEORGIA, whose address for purposes of this Agreement is 270 Washington
Street, 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 University
System of Georgia, hereinafter referred to as “Institution.”
WITNESSETH THAT:
WHEREAS, Landlord is the owner of certain improved real property, hereinafter referred to
as the “Premises” and more particularly described in that certain legal description marked
EXHIBIT "A" attached hereto; and
WHEREAS, Institution, as an adjunct to its educational degree programs, operates a

canoe/kayak club, the “Program” and thus requires a facility from which to store boats and other
related equipment necessary for the Program; and
WHEREAS, Institution has determined the Premises are suitable for the purpose of the
Program; and
WHEREAS, Landlord has duly authorized and approved this rental of transaction at its
regular meeting on _____________________________________________; and
WHEREAS, the Tenant has by proper resolution duly approved this transaction at its regular
meeting on _____________________________________________; and
WHEREAS, Landlord and Tenant are empowered to enter into this agreement pursuant to
1983 Ga. Const. Art. IX, Sec. III, Para. I, as an intergovernmental agreement not exceeding 50
years;
NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR(S) ($1.00) and
for other good and valuable consideration, in hand paid at and before the execution and delivery of
-1-
these presents, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
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, and
Tenant does hereby take and hire the Premises from Landlord, on the promises and on the terms
and conditions hereinafter set forth. This Agreement creates the relationship of Landlord and
Tenant between the parties hereto, and no estate shall pass from Landlord to Tenant under this
Agreement. Tenant has, by virtue of this Agreement, only a usufruct as that word is set forth and
used 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 Landlord
provides Tenant written notice of intent not to renew the Agreement not less than ninety (90) days
prior 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 or
addresses as may be designated in writing from time to time by Landlord, a total fixed annual rental
equal to $600.00 payable on the date hereof for the Term. In the event the Term is extended, the for
the Extended Term and each successive Extended Term, Tenant shall at the beginning thereof pay
Landlord 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 and
will 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 fulfilling
the requirements of the Program or other purposes of Tenant or the Institution. Tenant's use of the
Premises shall be subject to and in accordance with the existing and future rules, regulations, and
policies of Landlord. Without limitation of the foregoing, Tenant shall not: (a) use the Premises for
any 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 be
created, any nuisance in or on the Premises.
-2-
5.
RENOVATION, OPERATIONS AND MAINTENANCE
Tenant shall maintain the Premises in a usable condition for the purposes of the Program.
Tenant shall, at its own expense, maintain and keep in good repair the improvements on the Premises
throughout the term of this Agreement and shall not commit waste upon the Premises; provided that
any improvements, additions, repairs or other work on the Premises must be approved in writing by
the Landlord prior to commencement.
6.
NO COVENANT OF QUIET ENJOYMENT
Tenant hereby acknowledges that it has fully inspected the Premises and that the Premises are
in satisfactory condition for the use intended. Tenant further acknowledges that no representation or
warranty as to the title to, condition of, terrain of, or any covenant of quiet enjoyment of the
Premises has been made by Landlord, its members, officers, employees, representatives or agents, or
by any other person whomsoever, Landlord makes no warranty whatsoever as to the title to, present
condition of, terrain of or any covenant of quiet enjoyment of the Premises.
7.
AMERICANS WITH DISABILITIES ACT
In performing renovations, Tenant shall be responsible for all costs and compliance with Title
III of the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., (hereinafter the
“ADA”). Notwithstanding any provision of this agreement to the contrary, Landlord is and shall be
solely responsible for assuring that the premises and all common areas are at all times in compliance
with the ADA and all regulations promulgated thereunder. Landlord shall not charge Tenant for, or
seek reimbursement from Tenant for, any expenditures associated with ADA and regulatory
compliance, except as arising from Tenant’s renovations.
8.
MUTUAL APPROVAL OF PLANS
All plans for facility modifications shall be subject to the written approval of the Landlord,
which shall be at Landlord’s sole discretion. Any construction and improvements of the Premises by
Tenant, or Tenant's employees or Tenants, shall conform to "state minimum standard codes', as
defined in O.C.G.A. Title 8, Part 2, entitled "State Building, Plumbing, Electrical, Etc., Codes."
9.
TERMINATION BY LANDLORD
Landlord may terminate this Agreement upon ninety (90) days written notice.
10.
NO ASSIGNMENT OR SUBLETTING
These Premises are leased for the sole use of Tenant for the Program only, pursuant to the
terms of this Agreement, and said Premises are not to be assigned, sublet or otherwise made
-3-
available to Third Parties without the express written consent of Landlord; provided however, it is
acknowledged that current Program members of the Canoe/Kayak Club at Georgia Tech may access
the 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 which
in any manner affect this Agreement including but not limited to the requirements set forth in the
Georgia 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 shall
repair all damage to the Premises resulting from the removal of Tenant's personal property and
Tenant's trade fixtures. Tenant agrees that all of Tenant's personal property and trade fixtures in or
on the Premises are located there at Tenant's risk and Landlord shall not be liable for any damage
thereto or loss thereof.
13.
INSPECTION
For the purpose of inspecting the Premises and facilities, Tenant shall permit Landlord to
enter 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’s
benefit. Any such inspection, review, approval or other act by Landlord shall be deemed for the
Landlord's own benefit and purposes only.
14.
INSURANCE
14.1 Third Party Liability: The Tenant shall be responsible to the extent and coverage of the
Georgia Tort Claims Act, O.C.G.A. §50-21-20 et seq., from the time of the signing this agreement or
from the effective date, whichever shall be later, for third party liability of any kind resulting from its
occupancy 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 state
cooperative insuring programs for its personal property and trade fixtures on the Premises in an
amount set forth on Exhibit “F”. Landlord shall be responsible for providing insurance covering
third party liability resulting from the acts or omissions of its officers and employees, and any
landowner 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 insurance
coverage upon the improvements on the Premises.
-4-
15.
DEFAULT BY TENANT
If Tenant defaults in the performance or observance of any provision of this Agreement

which is required to be kept by Tenant, notwithstanding whether such event of default be monetary
or 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 such
default, proceed to terminate the Agreement and Tenant's rights thereunder.
16.
NOTICES
All notices, statements, reports, demands, requests, consents, approvals, waivers and
authorizations, hereinafter collectively referred to as "notices," required by the provisions of this
Agreement 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 and
addressed to the recipient party at such party's address. Any notice, hand delivered or so mailed, the
text of which is reasonably calculated to apprise the recipient party of the substance thereof and the
circumstances involved, shall be deemed sufficient notice under this Agreement. Either party hereto
may 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 expiration
or any termination of the term of this Agreement. Any holding over or continued use or occupancy
of the Premises by Tenant after the expiration or termination of the term of this Agreement, without
consent 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 shall
be 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 contained
in this Agreement render, or be construed to render, either Landlord or Tenant liable to a third party
for the debts or obligations of the other.
-5-
20.
NON WAIVER
No failure at either party hereto to exercise any right or power given to said party under this
Agreement, 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 and
conditions of this Agreement, shall constitute a waiver of either party's right to demand exact and
strict 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 Tenant
shall 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 any
remaining portion of such provision and all other provisions of this Agreement shall survive and be
applied, 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. Subject
to the foregoing, whenever a reference to the parties hereto is made, such reference shall be deemed
to 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 an

stipulated by and between the parties hereto that the court interpreting or construing the same shall
not 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 the
party who prepared the same.
25.
GEORGIA AGREEMENT
This Agreement shall be governed by, construed under, performed and enforced in
accordance with the laws of the State of Georgia.
-6-
26.
SECTION HEADINGS
The brief headings or titles preceding each section herein are merely for purposes of section
identification, convenience and ease of reference, and shall be completely disregarded in the
construction of this Agreement.
27.
COUNTERPARTS
This Agreement is executed in two (2) counterparts which are separately numbered but each
of which is deemed an original of equal dignity with the other and which is deemed on and the same
instrument 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 Special
Stipulations shall control.
29.
ENTIRE AGREEMENT
This Agreement supersedes all prior negotiations, discussions, statements and agreements
between Landlord and Tenant and constitutes the full, complete and entire agreement between
Landlord and Tenant with respect to the Premises and Tenant's use and occupancy thereof; no
member, 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 changing
the terms and conditions of this Contract. No modification of or amendment to this Contract shall be
binding 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 made
a part hereof.
(Signatures on Following Page)
-7-
IN WITNESS WHEREOF, Landlord and Tenant, acting by and through their duly authorized
representatives, have caused these presents to be signed, sealed, and delivered all as of the date
hereof.
LANDLORD:
CITY OF SANDY SPRINGS, GEORGIA:
____________________________________
By: Mayor Eva Galambos
Attest: ______________________________
(SEAL)
Approved as to form:
________________________
City Attorney
TENANT:
BOARD OF REGENTS OF THE UNIVERSITY

SYSTEM OF GEORGIA
By: ________________________________
Vice Chancellor for Facilities
Attest: ________________________________
Assistant Vice Chancellor for Facilities
(SEAL)
-8-
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 further
include 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 the
public in general.
-9-
EXHIBIT “B”
SPECIAL STIPULATIONS
1. Without prior written approval of Landlord, Tenant’s use of the parking lot of the Premises
shall be limited to 10 spaces at any one time.
2. Tenant shall be required to obtain written approval from the Recreation and Parks Director
prior to any use of the Premises for by the members of the Program and/or Canoe/ Kayak Club
involving more than 25 event attendees, including but not limited to practices, competitions, or any
event whatsoever.
3. Tenant agrees that, in conjunction with direction of the City, it shall provide volunteers to
conduct not less than four (4) quarterly park and river cleaning and debris and trash pickup projects
in 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 leisure
and recreational use by the public and the activities of the Program and/or Canoe/ Kayak Club shall
not substantially interfere with such use unless preapproved in writing by the Recreation and Parks
Director.
-10-
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 set
forth below.
Contractor agrees to verify the work eligibility of all of newly hired employees through the
U.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 requirement
applies to contractors and subcontractors with five-hundred (500) or more employees.
Contractor understands that the contractor and subcontractor requirements of the Act apply to
contracts 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 apply
to 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 or

more employees; and
On or after July 1, 2009, to all other public employers, their contractors, and
subcontractors.
To document the date on which the Act is applicable to Contractor, and to document
Contractor’s compliance with the Act, the undersigned agrees to initial one of the three (3) lines
below 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.
-11-
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 by
July 1, 2008]; or
____ 99 or fewer employees [Contractor must begin work eligibility verification by

July 1, 2009].
Contractor further agrees to require O.C.G.A. Sections 13-10-90 and 13-10-91 compliance in
all written agreements with any subcontractor employed by Contractor to provide services connected
with 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 provide
services connected with the Contract Agreement, the subcontractor’s indication of the employee
number category applicable to the subcontractor.
Contractor agrees to secure from any subcontractor engaged to perform services under this
Contract an executed “Subcontractor Affidavit,” as required pursuant to O.C.G.A. 13-10-91 and Rule
300-10-1-.08 of the Rules and Regulations of the State of Georgia, which rule can be accessed at
http://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: ____________________________________
-1-
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:_________________________________________
-2-
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, Georgia
Business 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 the
following with respect to my application for a City of Sandy Springs license/permit and/or
contract for
_____________________________________________________________________________.
[Name of natural person applying on behalf of individual, business, corporation, partnership, or
other 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 otherwise

qualified 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 and
willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall
be 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 and
Nationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Because
legal permanent residents are included in the federal definition of “alien”, legal permanent
residents must also provide their alien registration number. Qualified aliens that do not have an
alien registration number may supply another identifying number below:
____________________________________
-4-
EXHIBIT “F”
INSURANCE REQUIREMENTS
Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor
shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies
doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to
the City covering:
1. Statutory Workers’ Compensation Insurance

(a) Employers Liability:
Bodily Injury by Accident - $1,000,000 each accident
Bodily Injury by Disease - $1.000,000 policy limit
Bodily 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 property
damage 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
above
5. The City of Sandy Springs, Georgia, and its subcontractors and affiliated companies, their
officers, directors, employees shall be named on the Certificates of Insurance as additional
insured and endorsed onto the policies for Comprehensive General Liability, Automobile
Liability and Umbrella Liability insurance maintained pursuant to this Contract in connection
with 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 shall
be furnished to the City prior to execution of the contract. Such insurance is primary insurance
and shall contain a Severability of Interest clause as respects each insured. Such policies shall be
non-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 insurance
extended 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.
-5-
DATE: April 6, 2010 for Submission onto the Agendas of the April 20, 2010, City Council
Meeting
ITEM: 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
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 a
pedestrian/bicycle bridge across the Chattahoochee River.
Background:
The City intends to enter into an IGA with the City of Roswell to design and build a
pedestrian/bicycle bridge across the Chattahoochee River on the western side of the existing
bridge on Roswell Road (SR 9). In order to formalize cooperation amongst the cities, the City
will 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. 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. The current plan is to utilize these funds for 80% of the design
and construction costs. During the presentation, the City of Roswell staff member requested a
50% 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 to
direct 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 approve
a 50% cost share, the amount to be obligated for the project will be $362,572.50 based on the
IGA 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

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 by
both cities and the Georgia Department of Transportation.
Approved:
____________________________
Eva Galambos, Mayor
Attest:
_____________________________
(Seal)
INTERGOVERNMENTAL PROJECT AGREEMENT
BETWEEN
CITY OF ROSWELL, GEORGIA

And
ENGINEERING, RIGHT OF WAY ACQUISITION AND CONSTRUCTION FOR

CHATTAHOOCHEE RIVER BRIDGE PEDESTRIAN IMPROVEMENTS ALONG
ATLANTA STREET/STATE ROUTE 9
This AGREEMENT is made and entered into this _____ day of _____, 2010, by and
between the CITY OF ROSWELL, GEORGIA, acting by and through its Mayor and Ciy
Council, 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 to

proceed with the engineering, right of way acquisition and construction for the Chattahoochee
River Bridge Pedestrian Improvements project, located in Fulton County, Georgia, hereinafter
referred 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 the
PROJECT as set forth in this AGREEMENT, and the DEPARTMENT has relied upon such
representations; and
WHEREAS, the DEPARTMENT has expressed a willingness to participate in certain

activities of the PROJECT as set forth in this AGREEMENT; and
NOW, THEREFORE, for and in consideration of the mutual promises made and of the
benefits to flow from one to the other, ROSWELL and SANDY SPRINGS hereby agree each
with the other as follows:
1. Preliminary Engineering
ROSWELL and SANDY SPRINGS shall fund all costs for the PROJECT’S Preliminary
Engineering 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’S
consultant invoices at 10% which represents half of the 20% local match. Any additional
funding over and above this amount will be taken from the Construction costs. Any leftover
funding will be rolled into the maximum Construction cost of the project. The Preliminary
Engineering phase for this contract will be coordinated by ROSWELL, who will act as the
project 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 to
assist in the selection of a consultant, if they so desire. ROSWELL will enter into an agreement
with a consultant to perform the following preliminary engineering activities: project
management, concept design, environmental analysis, public involvement, surveying and other
tasks. 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 the
consultant and will invoice SANDY SPRINGS for their portion as provided for herein. Each
payment 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 to
changes in local priorities, or cancellation of the project without concurrence, they are
responsible for reimbursing the other local government for all costs incurred to that point. They
are also responsible for repayment of any federal funds that the DEPARTMENT may request.
2. Right of Way Acquisition

Each city shall be responsible for the Right-of-Way acquisition and associated costs within their
jurisdiction.
3. Construction
Funding for construction and utility relocation of the PROJECT is limited to amounts as shown
in Exhibit “A”.
4. Maintenance
Each local government is responsible for all costs for the continual maintenance and operations
of any and all sidewalks and landscape areas between the curb and sidewalk or within the project
limits in general, within their jurisdiction.
IN WITNESS WHEREOF, the SPONSOR and the CITIES have caused these presents to
be executed under seal by their duly authorized representatives.
CITY OF SANDY SPRINGS, GEORGIA CITY OF ROSWELL, GEORGIA
BY:_________________________________ BY:______________________________
Mayor Mayor
Signed, sealed and delivered this _____day of Signed, sealed and delivered this _____day
of
_____________2010, in the presence of: _____________2010, in the presence of:
____________________________________ ____________________________________
Witness Witness
___________________________________ ___________________________________
Notary Public Notary Public
This AGREEMENT approved by the This AGREEMENT approved by the
City 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”
COST TO ROSWELL SANDY SPRINGS

PHASE TOTAL FEDERAL
CITIES Share (50%) 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
TOTAL
PROJECT $3,725,625 $2,980,500 $725,145 $362,572.50 $362,572.50
COST
Funds listed are the maximum contribution unless additional funding is otherwise agreed upon
by individual cities. The Federal contribution to Construction may increase if the total fee for PE
is less than shown. The total amount of $2,980,500 may not be exceeded. Q060 (FHWA Bridge
Discretionary 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 their
approaches 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
Agenda
• Project Funding History
• Concept Design
• Cost Estimate
• SR 9 Corridor Improvements
• Roswell‐Sandy Springs Partnership
• Project Timeline
• Questions and Comments
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
2010 2011 2012
Jan‐Mar Apr‐Jun Jul‐Sep Oct‐Dec Jan‐Mar Apr‐Jun Jul‐Sep Oct‐Dec
Procurement Process
Concept Design
Preliminary Design
Environmental Document
Final Design
Construction
Questions and Comments
Meeting
ITEM: Stream Buffer Variance for T-0026 Peachtree Dunwoody Road Intersection
Improvement
Staff recommends that the Mayor and City Council grant a variance to the City Stream Buffer
Ordinance to allow for the installation of sidewalk as part of the T-0026 Peachtree Dunwoody
Road Intersection Improvement Project.
Background:
T-0026 Peachtree Dunwoody Road Intersection Improvement will add turn lanes at the
intersection of Peachtree Dunwoody Road and Spalding Drive. The project will increase
capacity 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 side
of Peachtree Dunwoody as needing sidewalk. This section is currently the only length along the
western side of Peachtree Dunwoody without sidewalk between the North Springs MARTA
Station and Spalding Drive. Additionally, requests have been received from the adjacent
assisted living facility for sidewalk installation to allow their residents safe access and a
walkable path.
Discussion:
The project, as designed, would encroach into both the City’s and the State’s 25’ undisturbed
buffer. Peachtree Dunwoody Road itself is actually within the 25’ buffer at this location. Public
Works has applied for a State stream buffer variance from the Georgia Environmental
Protection Division. The stream was originally identified as a drainage ditch, but has
subsequently been determined to be an unnamed tributary to Marsh Creek by both City officials
and our design consultants.
Alternatives:
The Council can decide not grant a variance, which will eliminate all proposed sidewalk
construction 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 this
variance 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 Council
Agenda
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-monetary
assistance 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 Council
for non-monetary assistance from a community-based organization. Following the April 6, 2010
Council 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 responses
to requests for non-monetary assistance from non-profit and community-based organizations.
Alternatives:
N/A
Financial Impact:
N/A
Attachment:
Suggested policy.
1 RESOLUTION #
2
3 STATE OF GEORGIA
4 COUNTY OF FULTON
5
6 A RESOLUTION TO ADOPT A POLICY REGARDING NON-PROFIT REQUESTS FOR
7 ASSISTANCE
8
9 BE IT RESOLVED by the City Council for the City of Sandy Springs, Georgia while in regular
10 session on April 20, 2010 at 6:00 p.m. as follows:
11
12 SECTION 1. That the Mayor and City Council find that from time to time it is necessary
13 to update and amend the City of Sandy Springs policies and procedures; and
14
15 SECTION 2. That the current policy, resolutions and ordinances does not address
16 requests for non-monetary assistance from non-profit entities; and
17
18 SECTION 3. That the adoption of a policy would facilitate ease of use by both staff and
19 the public; and
20
21 SECTION 4. The Mayor and City Council do hereby adopt the attached policy regarding
22 requests from non-profit entities as shown in the attached Exhibit A.
23
24 SECTION 5. That this resolution be effective immediately upon its adoption.
25
26 APPROVED AND ADOPTED on this the 20th day of April, 2010.
27
28 Approved:
29
30
31 ____________________________
32 Eva Galambos, Mayor
33
34 Attest:
35
36
37 _____________________________
38 Michael Casey, City Clerk
39 (Seal)
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Mayor and City Council - Regular Meeting - 04.20.2010

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CITY COUNCIL

Eva Galambos, Mayor

John Paulson – District 1

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)

(Agenda Item No. 10-090)

(Agenda Item No. 10-091)

(Agenda Item No. 10-092)

(Agenda Item No. 10-093)

1. Proclamation for Arthur E. Katz

(Agenda Item No. 10-094)

(Invitation for Public Comment)

(Agenda Item No. 10-095)

(Invitation for Public Comment)

(Agenda Item No. 10-096)

(Invitation for Public Comment)

(Agenda Item No. 10-097)

(Invitation for Public Comment)

(Agenda Item No. 10-098)

(Invitation for Public Comment)

(Agenda Item No. 10-099)

(Invitation for Public Comment)

(Agenda Item No. 10-100)

(Invitation for Public Comment)

(Agenda Item No. 10-101)

(Invitation for Public Comment)

Resolution and Ordinances

(Agenda Item No. 10-102)

(Invitation for Public Comment)

(Agenda Item No. 10-103)

(Invitation for Public Comment)

(Agenda Item No. 10-104)

(Invitation for Public Comment)

(Agenda Item No. 10-105)

(Invitation for Public Comment)

I) UNFINISHED BUSINESS (none at this time)

(Agenda Item No. 10-106)

(Agenda Item No. 10-107)

(Agenda Item No. 10-108)

(Agenda Item No. 10-109)

K) REPORTS AND PRESENTATIONS

a) Mayor and Council Reports

M) EXECUTIVE SESSION (none at this time)

(Agenda Item No. 10-110)

FROM: Thomas Black, Public Works Director

Public Works Department’s Recommendation:

JJE Constructors, Inc. $1,694,059.11

I. Attachment A – Bid Opening

A RESOLUTION TO APPROVE THE CONSTRUCTION BID OF THE PEACHTREE DUNWOODY

RESOLVED this the 20th day of April 2010.

FROM: Thomas Black, Public Works Director

Public Works Department’s Recommendation:

North Fulton $6.25 million,

Transit sidewalk connectivity and safety upgrades ($1.2 million),

A RESOLUTION TO APPROVE AN INTERGOVERNMENTAL AGREEMENT (IGA)

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

RESOLVED this the 20th day of April 2010.

THIS INTERGOVERNMENTAL AGREEMENT, (hereinafter referred to as

WHEREAS, by virtue of action taken by the Atlanta Regional Commission

By: ___ By:_

Northeast R-3 Vacant Land 2.91 _ _