City of Atlanta
Georgia

Ordinance
16-O-1613
Adopted Substitute as Amended
Nov 21, 2016 1:00 PM

AN ORDINANCE BY COUNCILMEMBER YOLANDA ADREAN
AS SUBSTITUTED BY CITY UTILITIES COMMITTEE WAIVING THE SIDEWALK REQUIREMENTS OF SECTION 15-09.003 OF THE CITY OF ATLANTA CODE OF ORDINANCES FOR SUBDIVISION APPLICATION SD-15-026 (3450 OLD PLANTATION ROAD); TO PROVIDE THAT IN LIEU OF CONSTRUCTING THE REQUIRED SIDEWALKS AT THE SUBDIVISION SITE, THE DEVELOPER OF THE SUBDIVISION SHALL CONSTRUCT APPROXIMATELY 788 LF OF SIDEWALK ALONG THE WEST SIDE OF RIDGEWOOD ROAD STARTING AT 2716 RIDGEWOOD ROAD AND PROCEED SOUTH TO THE ENTRANCE OF FT. PEACHTREE GREENSPACE; AND FOR OTHER PURPOSES.

Information

Department:Council District 8Sponsors:Councilmember, District 8 Yolanda Adrean
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. SUB 16-O-1613 (Sidewalk Waiver) (This file has not yet been converted to a viewable format)
  3. 16-O-1613 (Sidewalk Waiver) Exhibit C
  4. 16-O-1613 (Condition Form) (This file has not yet been converted to a viewable format)
  5. 16o1613 Certified

Body

WHEREAS, Section 15-09.003 of the City of Atlanta Code of Ordinances (“subdivision ordinance”) requires the subdivision applicant (“developer”) to provide sidewalks on both sides of existing and proposed streets (“sidewalk requirement”); and

 

WHEREAS, the subdivision ordinance further provides that the City Council may waive the sidewalk requirement “in order to permit the developer of said subdivision to construct sidewalks of equal or greater length along adjoining streets”; and

 

WHEREAS, the subdivision ordinance further provides that such waiver can be granted by the City Council “only if the subdivision developer or the pertinent neighborhood planning unit has formally petitioned the city for said waiver, and only if the City Council has received formal comments on said petition from the Commissioner of Public Works and Commissioner of Planning”; and

 

WHEREAS, the developer, Kinda El Sawi, has formally petitioned for the waiver of the sidewalk requirement for subdivision application SD-15-026 (3450 Old Plantation Road); and

 

WHEREAS, the City Council has received the formal comments on such petition from the Commissioner of Planning, attached hereto as Exhibit “A”; and

 

WHEREAS, the City Council has received the formal comments on such petition from the Commissioner of Public Works, attached hereto as Exhibit “B”; and

 

WHEREAS, based on these formal comments, the City Council finds that construction of sidewalks along the street frontage of SD-15-026 (3450 Old Plantation Road) may not benefit said area being that there are no existing sidewalks to serve as a connection; and

 

WHEREAS, the City and area residents would be better served by the construction of sidewalks along the west side of Ridgewood Road, starting at 2716 Ridgewood Road, NW and heading south to the entrance of the Ft. Peachtree public greenspace for a distance of approximately 788 linear feet.

 

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:

 

SECTION 1:  The requirement of Section 15-09.003 of the City of Atlanta Code of Ordinances that sidewalks be provided on both sides of existing and proposed streets is hereby waived for Subdivision SD-15-026 (3450 Old Plantation Road).

 

SECTION 2:  The waiver of said requirement for the aforementioned application is conditioned upon the agreement of developer Kinda El Sawi or her successor(s)-in-interest to construct 788 feet of sidewalks along the west side of Ridgewood Road starting at 2716 Ridgewood Road south towards the entrance of the Ft. Peachtree public greenspace which would provide walking access to residents in the area to the public greenspace as more fully depicted on Exhibit “C”, attached hereto.

 

SECTION 3:  Prior to approval of the final subdivision plat by the Director of Office of Planning for SD-15-026, as provided by Sec. 15-07.005 (f)(1), the sidewalks as described in this ordinance, shall be constructed by the developer Kinda El Sawi or her successor(s)-in-interest, inspected and accepted by City of Atlanta Department of Public Works.

 

SECTION 4: In the event the developer, Kinda El Sawi, or her successor(s)-in-interest, withdraws the land subdivision request, this ordinance is void and of no further effect.

 

SECTION 6:  All other requirements of the Code of Ordinances for SD-15-026 above shall remain in full force and effect.

 

 

 

 

 

 

 

 

 

 

Meeting History

Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Nov 15, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE/SUB/CONDITION [UNANIMOUS]
MOVER:Yolanda Adrean, Councilmember, District 8
SECONDER:Alex Wan, Councilmember, District 6
AYES:Natalyn Mosby Archibong, Clarence "C. T." Martin, Yolanda Adrean, Andre Dickens, Howard Shook, Alex Wan, Joyce M Sheperd
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Councilmember Adrean made a Motion to Amend Ordinance 16-O-1613 by adding exhibits to the legislation. It was Seconded by Councilmember Shook and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays. Following, Chairperson Archibong made a Motion to Adopt as Amended. It was Seconded by Councilmember Adrean and CARRIED by a roll call vote of 14 yeas; 0 nays.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE AS AMENDED [UNANIMOUS]
MOVER:Natalyn Mosby Archibong, Councilmember, District 5
SECONDER:Yolanda Adrean, Councilmember, District 8
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Cleta Winslow