City of Atlanta
Georgia

Ordinance
16-O-1235
Adopted on Substitute
Jun 20, 2016 1:00 PM

AN ORDINANCE BY COUNCILMEMBER KEISHA LANCE BOTTOMS AS SUBSTITUTED BY FINANCE/EXECUTIVE COMMITTEE TO PROVIDE FOR THE ANNEXATION OF PROPERTY HAVING A STREET ADDRESS OR PARCEL IDENTIFICATION NUMBER OF (AS THE CASE MAY BE) 4001, 4020, 4040, 4060, 4068, 4084 (BOTH TAX PARCELS 14F 0028 LL1002 & 14F 0028 LL 0996) AND 4100 DANFORTH ROAD; AND 1215, 1240 AND 0 KIMBERLY ROAD (14F 0028 LL 0780) TO THE CORPORATE LIMITS OF THE CITY OF ATLANTA, GEORGIA PURSUANT TO THE 60% METHOD; TO EXTEND THE BOUNDARIES OF THE ATLANTA INDEPENDENT SCHOOL SYSTEM; TO NOTIFY THE GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS OF SUCH ANNEXATION; AND FOR OTHER PURPOSES

Information

Department:Office of the Municipal ClerkSponsors:Mayor Keisha Lance Bottoms
Category:Personal PaperFunctions:None Required

Item Discussion

(A Public Hearing held on 6/15/16.)

Body

WHEREAS, certain resident electors and the owners (the “Petitioners”) of real property, as delineated in Exhibit “A” attached hereto (the “Property”), have petitioned the City of Atlanta for annexation (“the Petitions”) pursuant to the 60% method of annexation; and

 

WHEREAS, the City of Atlanta has lawfully provided notice to Fulton County, Georgia of all required information including notice of the City of Atlanta’s receipt of the Petitions for annexation of the Property; and

 

WHEREAS, the City of Atlanta has determined that the Property is contiguous to the existing corporate limits of the City of Atlanta in excess of the minimum amount required for such annexations under O.C.G.A. §36-36-1 et seq.; and

 

WHEREAS, the City of Atlanta has determined that the Petitioners are the title holders of record of 60% of the privately owned land within the Property, as evidenced by the records of the Clerk of the Superior Court of Fulton County, Georgia; and

 

WHEREAS, the City of Atlanta has determined that the Petitioners represent at least 60% of the registered voters within the Property, as evidenced by the voter file provided by the Fulton County Board of Registrations and Elections; and

 

WHEREAS, the City of Atlanta has determined that the Application meets the requirements of law pursuant to O.C.G.A. §36-36-1 et seq.; and

 

WHEREAS, the requirements in O.C.G.A. § 36-66-4(d) governing procedures for the zoning of land to be annexed into a municipality have been satisfied; and

 

WHEREAS, the zoning classification approved by the City of Atlanta for the Property which is the subject of the proposed annexation shall become effective on the later of the date that the zoning is approved by the City of Atlanta or the date that the annexation becomes effective as required by O.C.G.A. §36-36-2, whichever is later; and

 

WHEREAS, the City of Atlanta has authority pursuant to O.C.G.A. §36-36-1 et seq. to annex certain property into the corporate limits of the City of Atlanta; and

 

WHEREAS, the Mayor and Council of the City of Atlanta have determined that the annexation of the Property and expansion of the boundaries of the Atlanta Independent School System to include the Property would be in the best interest of the residents and property owners of the Property to be annexed and of the citizens of the City of Atlanta; and

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

 

Section 1.              Property having a street address or parcel identification number of (as the case may be) 4001, 4020, 4040, 4060, 4068, 4084 (both tax parcels 14F 0028 LL1002 & 14F 0028 LL 0996) and 4100 Danforth Road; 1215, 1240 & 0 Kimberly Road (14F 0028 LL 0780), as more fully delineated on Exhibit “A” and which is incorporated herein by reference, is hereby annexed into the existing corporate limits of the City of Atlanta, Georgia, and the boundaries of the Atlanta Independent School System are hereby extended so as to include the entire annexed area.

 

Section 2.              The City of Atlanta Law Department is hereby authorized and directed to file a report identifying property annexed with the Department of Community Affairs of the State of Georgia and with the governing authority of Fulton County as required by O.C.G.A. § 36-36-3, and to take all other actions required by law with regard to the adoption of this Ordinance and the annexation of the Property.

 

Section 3.              The Ordinance shall become effective in accordance with applicable provisions of Georgia law.

 

Section 4.              All Ordinances or parts of Ordinances in conflict with the terms of this Ordinance are hereby waived to the extent of the conflict.

 

that upon annexation the properties, as described herein, be zoned to the R-3, O-1 or C-1 districts, as more fully set forth on Exhibit “A”; and

 

WHEREAS, the City Council finds that the R-3, O-1 or C-1 zoning classification, as more fully set forth on Exhibit “A,” are the appropriate classifications for the properties as more particularly set forth on Exhibit “A”.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

 

SECTION 1.                That the Zoning Ordinance of the City of Atlanta be amended, and the official zoning map established in connection therewith be changed so that the properties having a street address or parcel identification number of 4001, 4040, 4068, 4084 (both tax parcels 14F 0028 LL1002 & 14F 0028 LL 0996) and 4100 Danforth Road and 1240 Kimberly Road be zoned to the R-3 district, to wit:

 

              Said Property is more specifically shown on the attached map, Exhibit “A”, which is hereby made part of this Ordinance.

 

SECTION 2.                That the Zoning Ordinance of the City of Atlanta be amended, and the official zoning map established in connection therewith be changed so that the properties having a street address or parcel identification number of (as the case may be) 4020 Danforth Road, 1215 Kimberly Road & 0 Kimberly Road (14F 0028 LL 0780) be zoned to the O-I (Office-Institutional) district, to wit:

 

              Said Property is more specifically shown on the attached map, Exhibit “A”, which is hereby made part of this Ordinance.

 

SECTION 3.                That the Zoning Ordinance of the City of Atlanta be amended, and the official zoning map established in connection therewith be changed so that the  property having a street address of 4060 Danforth Road be zoned to the C-1 (Community Business) district, to wit:

 

              Said Property is more specifically shown on the attached map, Exhibit “A”, which is hereby made part of this Ordinance.

 

SECTION 4.              That the maps referred to be changed to conform to the terms of this Ordinance.

 

SECTION 5.              That all Ordinances or parts of Ordinances in conflict with the terms of this Ordinance are hereby repealed to the extent of the conflict.

 

 

 

 

 

Meeting History

May 2, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
May 16, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 6, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 20, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED ON SUBSTITUTE [13 TO 0]
AYES:Michael Julian Bond, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Mary Norwood
AWAY:Kwanza Hall