City of Atlanta
Georgia

Ordinance
16-O-1364

AN ORDINANCE BY COUNCILMEMBER JOYCE SHEPERD IMPOSING A MORATORIUM WITHIN THE
METROPOLITAN PARKWAY COMMERCIAL CORRIDOR-SOUTH ON
THE ACCEPTANCE OF ANY BUILDING PERMIT APPLICATION FOR
NEW CONSTRUCTION FOR A PERIOD NOT TO EXCEED ONE
HUNDRED AND FIFTY (150) DAYS; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 12 Joyce M Sheperd
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 8 METROPOLITAN PARKWAY
  3. 16o1364

Body

WHEREAS, for purposes of this ordinance, Metropolitan Parkway between Langford Parkway

and Interstate 85 is known as the Metropolitan Parkway Commercial Corridor-South (hereafter

"Corridor"); and

 

WHEREAS, pursuant to Ordinance 13-0-1216, the City Council previously adopted the Lakewood Livable Centers Initiative (hereafter "Lakewood LCI") planning document into the Comprehensive Development Plan (CDP) as a policy guide for the future development within the Corridor; and

 

WHEREAS, the Lakewood LCI recommends the rezoning of parcels with the Corridor to the Mixed Residential Commercial (MRC) consistent with the vision and recommendations set forth

therein; and

 

WHEREAS, rezoning legislation will shortly be introduced to carry out the vision and recommendations set forth in the Lakewood LCI; and

 

WHEREAS, it is expected that the CDP amendment and rezoning process will take approximately one-hundred fifty (150) days before the legislation can be considered by the City Council for a final vote.

 

WHEREAS, it is the intent of the City Council to impose this moratorium for only that length of

time that is necessary for all stakeholders to review the proposed CDP amendment and rezoning

and follow the requisite procedures under City Code and state law; and

 

WHEREAS, new construction inconsistent with the Lakewood LCI would undermine the important planning principles, vision and recommendations set forth therein in furtherance of the

public health, safety and general welfare; and

 

WHEREAS, moratoria is a well-recognized and court-sanctioned land use tool in furtherance of

local planning and zoning powers by preserving the status quo while the governing authority formulates a more permanent development strategy. Tahoe-Sierra Preservation Council, Inc. v.

Tahoe Regional Planning Agency, 535 U.S. 302 (2002); City of Roswell v. Outdoor Systems,

 

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA,

HEREBY ORDAINS AS FOLLOWS:

 

Section 1. A moratorium is imposed on the acceptance of any building permit application for any new construction within the Metropolitan Parkway Commercial Corridor- South, as more fully described on Exhibit "A", attached hereto. The Director of the Office of Buildings shall accept no building permit application for new construction on any parcel within the area set forth on Exhibit "A".

 

Section 2. For purposes of this ordinance, new construction shall be defined as any construction

which would result in one or more new buildings, increased lot coverage, and/or modification of

the existing building footprint. Additions to existing buildings shall constitute new construction.

 

 

Section 3. The moratorium imposed by this ordinance will expire one hundred and fifty (150) days from the date that this ordinance becomes effective. Notwithstanding the foregoing, if there is a final vote of the City Council on the rezoning of the area described in Exhibit "A" before the expiration of the one hundred and fifty (150) days, the moratorium will expire on the date when the rezoning ordinance becomes effective or on the date when the City Council votes to deny the rezoning ordinance.

 

Section 4. This ordinance shall become effective immediately upon signing by the Mayor or as otherwise provided by the operation of law.

 

 

Meeting History

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

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jun 28, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
AYES:Andre Dickens, Ivory Lee Young Jr., Michael Julian Bond, Natalyn Mosby Archibong, Kwanza Hall, Joyce M Sheperd, Cleta Winslow
Jul 5, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

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

Note: Councilmember Sheperd made a Motion to Send Ordinance 16-O-1364 to the Mayor’s Office Post Haste with the implied request that the Mayor take immediate action regarding the item. It was Seconded by Councilmember Wan and then CARRIED by a roll call vote of 14yeas; 0 nays.

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






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