WHEREAS, the City of Atlanta Development Impact Fee Ordinance (hereinafter, the
"Impact Fee Ordinance") was adopted by the City Council on March 18, 1993 and
approved by the Mayor on March 26, 1993; and
WHEREAS, Section 19-1004(2) states that one of the purposes of the Impact Fee
Ordinance is to ensure that new land development shall bear a proportionate share of
the cost of new public facilities, including transportation facilities necessary to serve
such growth; and
WHEREAS, the property located at 1845-1895 Piedmont Road, N.E. is currently under
redevelopment with a mixed use project; and
WHEREAS, as a part of the rezoning process for 1845-1895 Piedmont Road, N.E., the
affected neighborhood organizations, Morningside Lenox Park Association, Inc.
("MLPA") and the Piedmont Heights Civic Association ("PHCA"), both expressed
concerns regarding the traffic impact on existing roadways in the immediate vicinity of
the proposed development; and
WHEREAS, the roadways in the immediate vicinity of the proposed development
experience significant volume and congestion, particularly during peak hours; and
WHEREAS, the developer of 1845-1895 Piedmont Road, N.E., is making several
transportation improvements as a part of the redevelopment of the site, some of which
are project improvements and some of which are system improvements; and
WHEREAS, to the extent there are any transportation development impact fees paid
for this project that are not credited to the developer or othervvise offset for system
improvements made, the developer and the MLPA and PHCA would like to have those
transportation development impact fees directed to transportation improvements in the
immediate vicinity of the proposed development; and
WHEREAS, the City recognizes the need to confirm that, after any applicable offsets
for system improvements made by the developer, the transportation impact fees paid for
the redevelopment of 1845-1895 Piedmont Road, N .E. are allocated to transportation
improvements within the geographic boundaries of the Morningside Lenox Park
neighborhood and/ or the Piedmont Heights neighborhood.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA,
GEORGIA HEREBY ORDAINS, AS FOLLOWS:
Section 1: That the Commissioner of Public Works is directed to use the
transportation development impact fees paid in connection with the redevelopment of
1845-1895 Piedmont Road, N.E. with a mixed use development for the purpose of
funding the costs associated with the projects aimed at mitigating existing traffic
congestion and enhancing pedestrian accessiblity at or near the 1845-1894 Piedmont
Road, N.E. and only with the geographic boundaries of the Morningside Lenox Park
neighborhood or Piedmont Heights neighborhood, as recognized by the City of Atlanta.
Notwithstanding the foregoing, the developer of 1845-1895 Piedmont Road, N.E. shall
be entitled to reimbursement through transportation development impact fee offsets or
credits for any system improvements made in connection -with the redevelopment of
1845-1895 Piedmont Road, N.E.
Section 2: That this ordinance shall become effective immediately upon its approval
by the City Council and signature by the Mayor or by operation of law.