Mayor and Council Meeting - 03.16.10

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, March 16, 2010 Regular Meeting 6:00 PM
A) INVOCATION – Deacon Tom Shuler, Holy Spirit Catholic Church
B) CALL TO ORDER – Mayor Eva Galambos
C) ROLL CALL AND GENERAL ANNOUNCEMENTS
D) PLEDGE OF ALLEGIANCE – Mayor Eva Galambos
(Agenda Item No. 10-053)

E) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
F) CONSENT AGENDA

1. Meeting Minutes:
a. August 18, 2009 Regular Meeting
b. August 18, 2009 Work Session
c. September 1, 2009 Regular Meeting
d. September 1, 2009 Work Session
e. September 15, 2009 Regular Meeting
(Michael Casey, City Clerk)

2. Georgia Power Lease Agreement (Morgan Falls River Park)
(Cecil McLendon, City Attorney)

3. A Resolution in Opposition to Georgia House Bill HB 480 Currently Pending in the Georgia
Legislature
(Eva Galambos, Mayor)

4. A Resolution in Opposition to Georgia House Resolution HR 1 Currently Pending in the
Georgia Legislature
PAGE 1 OF 3
Morgan Falls Office Park

7840 Roswell Road, Building 500
Sandy Springs, GA 30350
SANDY SPRINGS CITY COUNCIL MEETING AGENDA MARCH 16, 2010

5. A Resolution in Support of Georgia House Legislation HB 1093 and HB 1137 of the 2010
Georgia Legislative Session

6. 2008 CDBG Action Plan Substantial Amendment to Purchase Pedestrian Lights - Final
Approval
(Nancy Leathers, Director of Community Development)
G) PRESENTATIONS
1. Keep Sandy Springs Beautiful – Kathy Reed, Executive Director KNFB
H) PUBLIC HEARINGS

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

2. Public Hearing on Voting Rights Changes
(Presented by City Attorney, Wendell Willard)
Rezoning

3. RZ09-006/CV09-015 - 1155 Mount Vernon Highway, Applicant: MDT Perimeter Pointe
LLC, To rezone the subject property from C-1 (Community Business District) conditional to
C-1 (Community Business District) conditional, with concurrent variance(s), to allow a new
fast food restaurant
(Presented by Director of Community Development, Nancy Leathers)

4. RZ09-011 - 6550 Roswell Road (SR 9), Applicant: MJM Development, Ltd., to rezone the
subject property from C-1 conditional to C-1 to allow medical office use in the existing
building

5. 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 office and adult day care use in
the existing building, with concurrent variances
PAGE 2 OF 3
SANDY SPRINGS CITY COUNCIL MEETING AGENDA MARCH 16, 2010
I) UNFINISHED BUSINESS (none at this time)
J) NEW BUSINESS

1. Acceptance of Right of Way and Easement Rights for the Lake Forrest Drive Sidewalk and
Intersection Improvement Project
(Presented by Director of Public Works, Thomas Black)

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

3. Consideration of Approval of a Contract to Construct the Ridgeview Middle School
Sidewalks Project Subject to Validation and Approval by the Legal and Finance Departments

4. Consideration of a Contract with Blount Construction, Inc. for the 2009-2 Local Assistance
Road Program Resurfacing Contract Bid No. 10-305 and Authorize the City Manager to
Execute Contract Documents
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 3 OF 3
To: John McDonough, City Manager
From: Ronnie Young, Recreation & Parks Director
Date: March 9, 2010 for Submission onto the March 16, 2010 City Council Consent
Agenda
Description: Georgia Power Lease Agreement (Morgan Falls River Park)
Recommendation:
The Recreation & Parks Department recommends that the City Manager approve an award
of extension with Georgia Power for the leasing of property at Morgan Falls River Park.
Background:
Under this contract the Georgia Power leases a portion of land for the City of Sandy Springs
to provide recreational activities such as River Rafting, Boating and Kayaking services. These
services are provided by Up The River Outfitters Inc.
Discussion:
A request for extension of the lease has been granted by Georgia Power for an additional
year with the expiration date of December 31, 2010.
Alternative:
Terminate all services at the Morgan Falls River Park.
Financial Impact:
None
Final Impact:
The contract with Georgia Power will enable the City of Sandy Springs to retain the contract
with Up The River Outfitters and provide the residents the opportunity to participate and enjoy
the Morgan Falls River Park throughout the year.
STATE OF GEORGIA FILE NO. 135
FULTON COUNTY Morgan Falls Project
LEASE AGREEMENT
(Ground Lease)
THIS LEASE AGREEMENT is made and entered into this ___ of March 2010, to be
effective as of January 1, 2010, between GEORGIA POWER COMPANY, a Georgia
corporation with offices at BIN 10151, 241 Ralph McGill Boulevard, N.E., Atlanta, Fulton
County, Georgia 30308-3374 (hereinafter referred to as „Lessor”), and CITY OF SANDY
SPRINGS, GEORGIA, a municipal corporation of the State of Georgia with offices at 7840
Roswell Road, Suite 500, Sandy Springs, Georgia 30350 (hereinafter referred to as “Lessee”).
WITNESSETH:
THAT Lessor has this day rented and leased to Lessee the “Premises” (as hereinafter
defined). “Premises” shall mean the “Land” (as hereinafter defined), less and except the
“Excluded Property” (as hereinafter defined). “Land” shall mean that certain tract of land, together
with the improvements located thereon, being in Land Lot 84, 17th District, Fulton County,
Georgia, more particularly described on Exhibit “A” attached hereto and by reference made a part
hereof. “Excluded Property” shall mean the following: (a) any and all property, real, personal or
mixed (including without limitation fixtures or equipment), constituting all or any portion of any
existing transmission or distribution lines or communications lines of Lessor or any affiliates of
Lessor, including without limitation lines, poles, towers, frames, manholes, conduits, fixtures,
appliances, wires, cables or equipment, or protective wires or devices, or communications lines,
cables or equipment (collectively, the “GPC Facilities”); (b) the nonexclusive right and easement
of pedestrian and vehicular ingress and egress to, from, between and among the GPC Facilities
and Morgan Falls Road; (c) the nonexclusive right and easement of pedestrian and vehicular
ingress and egress to, from, between and among Morgan Falls Road and transmission, distribution
and communications lines hereafter constructed or installed on the Premises by Lessor or any
affiliates of Lessor, including without limitation lines, poles, towers, frames, manholes, conduits,
fixtures, appliances, wires, cables or equipment, or protective wires or devices, or communications
lines, cables or equipment (collectively, the “Future GPC Facilities”) and to, from, between and
among the GPC Facilities and the Future GPC Facilities; (d) the nonexclusive right and easement
of pedestrian and vehicular ingress and egress to, from, between and among Morgan Falls Road
and transmission, distribution and communications lines now existing or hereafter constructed or
installed adjacent to or in the vicinity of the Premises by Lessor or any affiliates of Lessor,
including without limitation lines, poles, towers, frames, manholes, conduits, fixtures, appliances,
wires, cables or equipment, or protective wires or devices, or communications lines, cables or
equipment (collectively, the “Adjacent GPC Facilities”) and to, from, between and among the
GPC Facilities, the Future GPC Facilities and the Adjacent GPC Facilities; and (e) the
nonexclusive right and easement of pedestrian and vehicular ingress and egress to and from the
boat ramp located adjacent to the Premises and Morgan Falls Road.
The Premises are rented and leased by Lessor to Lessee subject to the following terms and
conditions, to wit:
1. The term of this lease is twenty five (25) years, commencing on January 1, 2010,
and ending (unless sooner terminated as hereinafter provided) on December 31, 2035, at 11:59
PM.
GPC Morgan Falls 2010 Final.docx
2. As rental for the Premises, Lessee agrees to pay Lessor the sum of One Dollar
($1.00).
3. (a) The Premises shall be used solely for the purpose of a public park, conservation
and recreation area, consistent with the provisions and restrictions of O.C.G.A. Sections 51-3-20
et. seq. for the purposes of (i) public sightseeing areas, picnicking areas, hiking areas, boating
areas and fishing areas, where the public may sightsee, picnic, hike, boat and fish in accordance
with the provisions of law (including but not limited to the rules and regulations of the Georgia
Department of Natural Resources), and (ii) education of the public on wildlife and environmental
matters, and for no other purpose whatsoever.
(b) Lessee agrees to obtain all proper permits for the operation of the Premises for the
purposes set forth in Paragraph 3(a) as well as the temporary uses permitted under Paragraph 3(c),
including, but not limited to, written authorization from the Department of Natural Resources and
the National Park Service. Lessee shall not impose any fees for admittance of vehicles to the
Premises or parking of vehicles on the Premises.
(c) Portions of the Premises are temporarily being used for a dog park and a river
outfitter operation and operated by Lessee. The gate to the dog park area shall be approved by
Lessor, shall not be locked (or, if locked, a combination lock will be used and Lessee will provide
Lessor with the combination), and Lessor will have access to the dog park at all times. Lessee
shall terminate the uses for a dog park and river outfitter operation on or before December 31,
2010. Lessee may request Lessor's consent to continued use as a dog park and river outfitter
operation beyond December 31, 2010 by written notice to Lessor no later than November 30,
2010. Lessor may grant or withhold such consent in Lessor's sole discretion. Lessor reserves the
right, in Lessor's sole discretion, to terminate the temporary use of the Premises as a dog park and
river outfitter operation by giving not less than fifteen (15) days' written notice to Lessee. Lessee
shall terminate such uses on or before the date set forth in such written notice from Lessee. All
structures associated with the dog park and river outfitter operation (signage, fencing, fence posts,
etc.) will be removed at the expense of Lessee on or before the date sixty (60) days after the date
Lessee is to terminate such uses in accordance with this Paragraph 3(c). Lessee shall repair all
damage caused by such removal, and restore the Premises to good order and condition as deemed
acceptable by Lessor.
(d) Lessor reserves the right at any time and from time to time to limit vehicle
occupancy at the Premises for concerns of safety and emergency access. At any time and from
time to time in the event of an emergency, Lessor may notify Lessee to immediately evacuate the
Premises, and Lessee shall evacuate the Premises immediately upon such notification. Lessor
shall have the right to prohibit Lessee's access to and use of the Premises at any time and from
time to time in connection with the exercise of Lessor's rights under Paragraph 30 of this lease.
Lessee shall not hold Lessor responsible for any loss of revenue or costs sustained by Lessee in the
exercise by Lessor of the rights identified or set forth in this Paragraph 3 or in Paragraph 30, and
Lessee waives any claim or cause of action against Lessor for damages by reason of interruption
of Lessee's uses of the Premises (including, without limitation, the dog park and river outfitter
operation) or loss of revenues therefrom because of the exercise by Lessor of such rights.
(e) Lessee agrees that the Premises may or may not be suitable for the use Lessee
desires to make of the Premises and that the Premises may not be in a safe or proper condition for
such use. LESSEE AGREES THAT LESSEE IS LEASING, AND ACCEPTS, THE PREMISES
GPC Morgan Falls 2010 Final.docx -2-
“AS IS”, “WHERE IS”, “WITH ALL FAULTS” AND LESSOR MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO FITNESS, MERCHANTABILITY, USE OR CONDITION OF
THE PREMISES.
4. Lessee agrees not to abandon or vacate the Premises during the term of this lease
and agrees to continuously use the Premises solely for the purposes herein leased until the
expiration of the term hereof; provided, however, either party may terminate this lease upon thirty
(30) days written notice to the other party of such termination.
5. Neither this lease nor the interest of Lessee in this lease or in the Premises, or any
part thereof, shall be sold, assigned, sublet or otherwise transferred by Lessee, in whole or in part,
whether by operation of law or otherwise, without the prior written consent of Lessor, and any
such assignment or sub-lease without said consent shall be null and void.
6. Lessee, at Lessee‟s sole cost and expense, shall obtain any and all appropriate
municipal, county and state permits required for Lessee‟s use of the Premises and shall at all times
use, occupy and operate the Premises in compliance with all applicable city, county, state, federal
and local laws, ordinances, statutes, rules and regulations now in effect or hereafter enacted.
Lessee shall not place, use, store, spill or discharge any hazardous, toxic or dangerous substances
on the Premises. Lessee hereby indemnifies Lessor from any and all loss, cost, damage or expense
ever incurred by Lessor as a result of Lessee‟s breach of the foregoing covenants and agreements
of Lessee, and such indemnification shall survive the termination or expiration of the term of this
lease.
7. Lessee shall not make any alterations, modifications, additions or improvements

(including without limitation structures or buildings of any sort) or make any changes in, to or at
the Premises (collectively, “Alterations”) without first obtaining Lessor‟s written consent, which
consent Lessor may grant or withhold in Lessor‟s sole discretion. Any Alterations desired to be
made by Lessee or required to be made pursuant to any local, city, county, state or federal laws,
rules, ordinances, statutes or regulations will be done at Lessee‟s sole cost and expense. All
Alterations must be done in a good and workmanlike manner and in compliance with all
applicable laws.
Notice is hereby given that Lessor shall not be liable for the cost and expense of any labor,
services or materials furnished or to be furnished with respect to the Premises at or by the
direction of Lessee or anyone holding the Premises or any part thereof by, through or under Lessee
and that no laborer‟s, mechanic‟s or materialman‟s or other lien for any such labor, service or
materials shall attach to or affect the interest of Lessor in and to the Premises. Nothing contained
in this lease shall be deemed or construed in any way as constituting the consent or request of
Lessor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or
materialman for the performance of any labor or the furnishing of any materials for any
improvements or repairs to or of the Premises or any part thereof, nor as giving Lessee any right,
power or authority on behalf of Lessor to contract for or permit the rendering of any services or
the furnishing of any materials that would, give rise to the filing of any lien against the Premises
or any part thereof.
8. Lessee, at Lessee‟s sole cost and expense, shall keep the Premises in good order
and repair (including without limitation any necessary replacements). Lessor gives to Lessee
exclusive control of the Premises and shall be under no obligation to inspect or repair the
Premises. Lessee further agrees, at Lessee‟s sole cost and expense, to care for the grounds
constituting a portion of the Premises, including without limitation the mowing of grass, care of
shrubs and general landscaping. Lessee shall provide adequate restroom facilities and regularly
scheduled disposal of garbage and animal waste from the Premises. Lessee assumes all
responsibility for public safety, security, and law enforcement on the Premises.
9. Lessee shall not create or permit to be created or to remain, and, shall promptly
discharge, at its sole cost and expense, any lien, encumbrance or charge upon the Premises, or any
part thereof or upon Lessee‟s rights under this lease that arises from the use or occupancy of the
Premises by Lessee or by reason of any labor, service or material furnished or claimed to have
been furnished to or for the benefit of Lessee or by reason of any construction, repairs or
demolition by or at the direction of Lessee.
10. (a) So long as Lessee maintains the dog park, river outfitter or any commercial
activity whatsoever on the Premises (regardless of whether or not such activity is permitted under
this lease), Lessee shall acquire and maintain, at Lessee‟s sole cost and expense, commercial
general liability insurance covering the liability of Lessor and Lessee for bodily injury or death of
persons and for damage to or destruction of property occurring on the Premises and arising out of
the use or occupation of the Premises with a Combined Single Limit per occurrence of not less
than $5,000,000.00 for bodily injury liability and $500,000 for property damage liability (the
“Minimum Insurance”). The parties further acknowledge that upon written request from Lessor, at
any time and from time to time, the amounts of the Combined Single Limit of the Minimum
Insurance will be increased to the amount of self-insurance which Lessor maintains from time to
time during the term of this Lease. At such time as Lessee discontinues the dog park, river outfitter
and all other commercial activities whatsoever on the Premises other than those activities set forth
in Paragraph 3(a) above, Lessee shall be allowed to reduce the amounts of the Combined Single
Limit of the Minimum Insurance to the amounts which Lessee carries from time to time upon its
general liability insurance policies.
(b) All of the aforementioned insurance shall be placed with an insurance company
whose financial condition and policy forms are acceptable to Lessor, and so long as Lessee
maintains a dog park, river outfitter or any commercial activity whatsoever on the Premises shall
name Lessor as an additional insured party, and shall be endorsed to cover the liability assumed by
Lessee under the provisions of this lease. The endorsement shall be worded substantially as
follows:
“During the effective period of the policies referenced herein, it is agreed that this insurance
specifically covers liability assumed by the insured under the provisions of a certain agreement
entered into by the insured and the Georgia Power Company, dated March __, 2010.”
(c) Lessee shall further carry, at Lessee‟s sole cost and expense, all-risk hazard
insurance for the full replacement value of all improvements, less and except electrical
transmission and distribution facilities, located on the Premises. Such insurance shall be in the
name of Lessor and Lessee as their interests may appear.
(d) So long as Lessee maintains a dog park, river outfitter or any commercial activity
whatsoever on the Premises, each of the above required policies shall name Lessor as an additional
insured, and shall be endorsed with a provision whereby the insurance company shall notify
Lessor ten (10) days prior to the effective date of cancellation or material change in any of the said
policies. As evidence of this insurance and prior to Lessee‟s occupancy of the Premises, Lessee

shall submit to Lessor a certificate providing the above coverage which certifies that the said
policies have been properly endorsed to meet all requirements set forth herein.
To the extent of the insurance required to be maintained by Lessee (but in no event in excess
of the fullest extent permitted under O.C.G.A. Section 13-8-2), Lessee hereby releases
Lessor, its agents and employees from any liability for damage to property or injury to
persons, regardless of the cause of such damage or injury. Except as provided in the sentence
immediately preceding this sentence, the waivers and indemnities in this lease shall not apply
to damages arising out of bodily injury to persons or damage to property caused by or
resulting from the sole negligence of Lessor, its agents or employees to the extent O.C.G.A.
Section 13-8-2 is applicable thereto. In no event shall the insurance requirements of this
paragraph be deemed to limit the liability or responsibility of Lessee in any manner.
11. Nothing in this lease is intended to diminish any protection afforded either Lessor or
Lessee by the provision of the Georgia Recreational Properties Act (O.C.G.A. Sections 51-3- 20
through 51-3-26) as from time to time amended. Lessor expressly intends and agrees that the
provisions of O.C.G.A. Sections 51-3-22 and 51-3-23 shall apply to the duties and liability of
Lessor. Lessee is a municipal corporation created under the laws of the state of Georgia and, by
provision of the Constitution of the State of Georgia has been granted sovereign immunity from
liability, unless the same is waived by action of the General Assembly of Georgia. Lessor and
Lessee acknowledge the entering of this Lease, and performance of Lessee‟s duties hereunder,
does not constitute a waiver of sovereign immunity of Lessee.
12. In the event Lessee shall default in the performance of any of its covenants
contained in this lease and such default shall continue for thirty (30) days after written notice
thereof has been given by Lessor to Lessee, then in such event, at Lessor‟s option:
(i) Lessor may terminate this lease by written notice to Lessee, in which event Lessee shall
immediately surrender the Premises, and if Lessee fails to do so, Lessor may, without prejudice to
any other right or remedy which Lessor may have, enter upon and take possession of the Premises
(by force, summary proceedings, ejectment or otherwise) and remove Lessee without being liable
for prosecution or any claim for damages therefor, and Lessee hereby waives its rights to any legal
proceedings in connection with such reentry.
(ii) Lessor may take any other action permitted by law.
13. Lessee assumes and shall pay any additional tax or license fee that may be
assessed against the Premises as a result of the use thereof by Lessee. Ad valorem taxes assessed
against the Premises shall be paid by Lessor. Ad valorem taxes assessed against any improvements
shall be paid by Lessee.
14. All notices, demands, requests, consents, and approvals desired, necessary,
required or permitted to be given pursuant to the terms of this lease shall be in writing and shall be
deemed to have been properly given if personally delivered or sent, postage prepaid, by first class
registered or certified United States mail, return receipt requested, addressed to each party hereto
at the following address:
Lessee: City Manager

City of Sandy Springs, Georgia
7840 Roswell Road, Suite 500
Sandy Springs, Georgia 30350
Lessor: Georgia Power Company
Attention: Land Management Manager
BIN 10151
15th Floor
241 Ralph McGill Boulevard
Atlanta, Georgia 30308-3374
or at such other address in the United States as Lessee or Lessor may from time to time designate
by like notice. Any such notice, demand, request or other communication shall be considered
given or delivered, as the case may be, on the date of personal delivery or on the date of deposit in
the United States mail as provided above. Rejection or other refusal to accept or inability to
deliver because of changed address of which no notice was given shall be deemed to be receipt of
the notice, demand, request or other communication.
15. This lease shall create a landlord-tenant relationship between the parties hereto and
no estate shall pass out of Lessor. Lessee has only a usufruct, not subject to levy and sale, and not
assignable by Lessee except with Lessor‟s prior written consent.
16. No failure of Lessor to exercise any power given to Lessor hereunder, or to insist
upon strict compliance by Lessee with its obligations hereunder, and no custom or practice of the
parties at variance with the terms hereof, shall constitute a waiver of Lessor‟s right to demand
exact compliance with the terms hereof.
17. In the event any one or more of the provisions contained in this lease shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this lease shall be continued as if
such invalid, illegal, or unenforceable provisions had never been contained herein.
18. This lease contains the entire agreement of the parties hereto and no
representations, inducements, promises or agreements, oral or otherwise, between the parties not
embodied herein shall be of any force or effect. This lease may not be modified except by an
amendment signed by both Lessor and Lessee.
19. Time is of the essence in this lease. This lease shall be governed by the laws of the
State of Georgia. No remedy conferred upon or reserved to Lessor in this lease, at law or in equity
is intended to be exclusive of any other available remedies, but each and every remedy shall be
cumulative and shall be in addition to every other remedy given in this lease or now or hereafter
existing in law or in equity.
20. Lessee‟s rights hereunder shall be subject to any mortgage, indenture or deed to
secure debt which is now, or may hereafter be, placed upon the Premises by Lessor.
21. Upon the termination or expiration of the term of this lease, Lessee shall vacate the
Premises and surrender the Premises to Lessor in as good order and condition as on the date
hereof, reasonable wear and tear excepted.
22. Lessee hereby agrees and covenants not to use, and will prohibit agents, employees
and contractors of Lessee from using, any tools, equipment or machinery within ten (10) feet of
Lessor‟s overhead conductors located on or in the vicinity of the Premises. Lessee agrees to
comply with Official Code of Georgia Section 46-3-30 et seq. (HIGH VOLTAGE SAFETY
ACT), and the Rules and Regulations of the State of Georgia Section 300-3-7.01 et seq. Lessee
further agrees to notify any contractors that may be employed by Lessee of the existence of said
code sections and regulations, and to require that all work be performed in compliance with said
code sections and regulations by including same as a requirement in any contract let as a result of
said bid. Lessee further agrees and covenants to warn all persons whom Lessee knows or should
reasonably anticipate for any reason may conduct any activity whatsoever on or in the vicinity of
the Premises of the fact that such conductors are (a) electrical conductors, (b) energized, (c)
uninsulated, and (d) dangerous.
23. If the whole of the Premises, or such portion thereof as will make the Premises
unusable for the purposes herein leased, is condemned by any legally constituted authority, or
conveyed to such authority in lieu of such condemnation, then in either of said events, the term of
this lease shall end on the date when possession thereof is taken by the condemning authority, and
rental shall be accounted for between Lessor and Lessee as of such date. In the event any portion
of the Premises is taken by condemnation or a conveyance in lieu thereof (other than as set forth in
the preceding sentence), at Lessee‟s option, by written notice to Lessor within thirty (30) days
following such condemnation or conveyance in lieu thereof, Lessee shall either (i) terminate this
lease, or (ii) if the Premises may still be used for Lessee‟s intended use therefor, elect to continue
this lease and reduce the rent in proportion to the portion of the Premises so taken. In the event of
any such taking of all or any portion of the Premises or conveyance in lieu thereof, Lessor shall be
entitled to all compensation which may be paid or made in connection therewith, and Lessee shall
have no claim for the value of the unexpired leasehold, and hereby assigns to Lessor any right
Lessee may have to participate in any award paid on account of any such taking. Lessee shall,
however, be permitted to pursue a claim for improvements placed on the Premises at Lessee‟s sole
cost and expense, provided that such claim shall not reduce or diminish Lessor‟s award.
24. Upon termination or expiration of the term of this lease, Lessee shall remove all
improvements and personal property which it owns and has placed in or on the Premises;
provided, however, that Lessee repairs all damage to the Premises caused by such removal,
thereby restoring the Premises to as good order and condition as on the date hereof, reasonable
wear and tear excepted. All property of Lessee remaining in the Premises after expiration of the
term or earlier termination of this lease shall be deemed conclusively abandoned and may be
removed by Lessor and disposed of by Lessor or, at Lessor‟s option, retained by Lessor for
Lessor‟s own account, without compensation to Lessee, and Lessee shall reimburse Lessor for the
cost of removing and disposing of the same.
25. This lease may be simultaneously executed in several counterparts, and all such
counterparts shall constitute but one and the same instrument.
26. Lessee shall place no advertising signs upon the Premises. Any and all signs
placed on the Premises by Lessee shall be maintained in compliance with the applicable local,
city, county, state or federal statutes, ordinances, laws, rules and regulations governing such signs.
Lessee shall be responsible to Lessor for any damage caused by the installation, use or
maintenance of said signs, and Lessee agrees upon removal of said signs to repair all damage
incident to such removal.
Lessee shall post signs throughout the Premises that ingress or egress from the river for any
activity is to occur at the Department of Natural Resources boat ramp. Lessee shall post signs at
the boat ramp stating, “Caution: Water Level Subject To Rise Without Warning”. Lessee shall be
responsible for traffic control and enforcement on the Premises, including without limitation the
posting of “No Parking” signs along Morgan Falls Road.
27. In the event Lessee remains in possession of the Premises after termination or
expiration of the term of this lease, without any express agreement of the parties, Lessee shall be a
tenant at sufferance, and otherwise upon the terms and conditions set forth in this lease. In the
event Lessee remains in possession of the Premises after termination or expiration of the term of
this lease, with Lessor‟s consent, then, except as expressly otherwise provided in Lessor‟s consent,
Lessee shall be a tenant at sufferance, and the other terms and conditions set forth in this lease
shall apply.
28. „Lessor” as used in this lease shall include Lessor, its representatives, assigns, and
successors in title to the Premises. “Lessee” shall include Lessee, its representatives, and if this
lease shall be validly assigned in accordance with the provisions of this lease, shall include also
Lessee‟s assigns or successors under this lease. “Lessor” and “Lessee” include male and female,
singular and plural, corporation, partnership or individual, as may fit the particular parties.
29. If any rent or other debt owing by Lessee to Lessor hereunder is collected by or
through an attorney-at-law, or if Lessor uses the services of any attorney in order to secure
compliance with any other provisions of this lease, to recover damages for any breach or default of
any other provisions of this lease, or to terminate this lease or evict Lessee, Lessee shall reimburse
Lessor upon demand for any and all attorney‟s fees and expenses so incurred by Lessor.
30. Lessor expressly retains unto itself, its successors and assigns, for the benefit of
Lessor, its successors, assigns and such others (such as but not limited to Lessor‟s agents,
contractors, subcontractors, licensees and permittees) as Lessor shall from time to time designate,
the right and easement to install, construct, reconstruct, replace, improve, upgrade, enhance,
maintain, operate, use, repair, add on to, demolish, and remove the transmission, distribution and
communications lines currently crossing the Property as well to access such transmission,
distribution and communications lines. In addition, Lessor hereby retains unto itself, its successors
and assigns, for the benefit of Lessor, its successors, assigns and such others (such as but not
limited to Lessor‟s agents, contractors, subcontractors, licensees and permittees) as Lessor shall
from time to time designate, the rights, interests and easements from time to time and at any time,
upon, over, across and under the Premises (i) to construct, install, use, patrol, obtain access to,
operate, maintain, repair, inspect, renew, rebuild, reconstruct, replace, improve, upgrade, enhance
and add onto overhead and underground electric transmission and distribution lines, poles, towers,
frames, manholes, conduits, fixtures, appliances, wires, cables and equipment, and protective
wires and devices, and communications lines, cables and equipment (including, without limitation,
“Communications Facilities” as hereinafter defined); and (ii) to construct, install, use, patrol,
obtain access to, operate, maintain, repair, inspect, renew, rebuild, reconstruct, replace, improve,
upgrade, enhance and add onto additional transmission, distribution, and communications lines,
poles, towers, frames, manholes, conduits, fixtures, appliances, wires, cables and equipment, and
protective wires and devices, including, without limitation, Communications Facilities
[“Communications Facilities” shall mean (x) equipment, systems or facilities used for or in
connection with communications by radio, including without limitation, microwave towers,
mobile base radio towers, radio base repeater towers, telemeter transmitters, multiple address
system radios or power line carrier equipment, and any permits, licenses or leases relating to any
one or more of the foregoing, and (y) equipment, systems or facilities used for or in connection
with light wave communications over optical fibers, including without limitation, optical fibers,
optronic or photo-optronic equipment, repeaters, junctions, splice enclosures or equipment for the
conversion of light signals to or from radio or electronic signals, and any permits, licenses or
leases relating to any one or more of the foregoing], and, in addition to and not in limitation of the
foregoing, the terms and provisions of the form of Easement for Right-of-Way attached hereto as
Exhibit “B” and by reference made a part hereof shall apply to such easements as if “Lessor”
referred to Lessor and “the Undersigned” referred to Lessee, and with such changes as may be
necessary to reflect that such easements were reserved by Lessor rather than granted by Lessee.
31. To the extent allowed by law, Lessee agrees to indemnify, defend, and hold
harmless Lessor from any and all liability resulting from any claim or lawsuit occurring on or
from use of the Premises.
30. That certain Lease Agreement entered into on March 8, 2007, as amended, is
hereby terminated and cancelled, effective as of January 1, 2010, for all purposes and in all
respects, except for those provisions which expressly survive a termination, as if January 1, 2010,
had been the natural termination date of such Lease Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day
and year first above written.
Signed, sealed and delivered in the LESSEE:

presence of: CITY OF SANDY SPRINGS, GEORGIA
_____________________________ By: ________________________________ (SEAL)

Witness Name: ______________________________
Title: ______________________________
______________________________
Notary Public
(NOTARIAL SEAL) My Commission Expires:
Signed, sealed and delivered in the LESSOR:

presence of: GEORGIA POWER COMPANY
______________________________ BY: _______________________________

Witness Name: O. Ben Harris
Title: Vice-President -Land
______________________________
Notary Public

Exhibit "A"
Land

Exhibit "B"
Form Transmission Easement

Acct No. Draft No. R.C. No.
EASEMENT FOR RIGHT-OF-WAY
STATE OF GEORGIA,
__________ COUNTY.
For and in consideration of the sum of ($________) Dollars, in hand paid by GEORGIA
POWER COMPANY, a Georgia corporation (hereinafter referred to as "Georgia Power," which term shall include successors and assigns), the receipt
and sufficiency of which is hereby acknowledged, (hereinafter referred to as "the Undersigned," which term shall
include heirs, successors and assigns), whose Post Office address is
does hereby grant to Georgia Power the rights to, from time to time, construct, operate, maintain, renew and rebuild overhead
and underground electric transmission, distribution and communication lines, together with necessary or convenient towers, frames, poles, wires,
manholes, conduits, fixtures, appliances, and protective wires and devices in connection therewith (all being hereinafter referred to as "the Facilities")
upon or under a tract of land being more fully located and described below (hereinafter referred to as "the Premises"), together with the right of Georgia
Power to grant, or permit the exercise of, the same rights, either in whole or in part, to others, and said rights are granted to Georgia Power together with
all rights, privileges and easements necessary or convenient for the full enjoyment and use of the Premises for the purposes above described, including
the right of ingress and egress to and from the Premises over lands of the Undersigned and the right to cut away and keep clear, remove and dispose of all
trees and undergrowth and to remove and dispose of all obstructions now on the Premises or that may hereafter be placed on the Premises by the
Undersigned or any other person. Further, Georgia Power shall have the right to cut, remove and dispose of dead, diseased, weak or leaning trees
(hereinafter referred to as "danger trees") on lands of the Undersigned adjacent to the Premises which may now or hereafter strike, injure, endanger or
interfere with the maintenance and operation of any of the Facilities located on the Premises, provided that on future cutting of such danger trees Georgia
Power shall pay to the Undersigned the fair market value of the merchantable timber so cut, timber so cut to become the property of Georgia Power. The
Undersigned shall notify Georgia Power of any party with whom it contracts, and who owns as a result thereof, any danger trees to be cut as set forth
above. Georgia Power shall also have, and is hereby granted, the right to install, maintain and use anchors or guy wires on lands of the Undersigned
adjacent to the Premises, and the right, when required by law or government regulations, to conduct scientific or other studies, including but not limited to
environmental and archaeological studies, on or below the ground surface of the Premises.
The Premises are shown on a plat made by or for Georgia Power, and on file in Georgia Power's Land Department, and are as described as
follows:
Georgia Power shall pay or tender to the Undersigned or owner thereof a fair market value for any growing crops, fruit trees or fences cut,
damaged or destroyed on the Premises by employees of Georgia Power and its agents, in the construction, reconstruction, operation and maintenance of
the Facilities, except those crops, fruit trees and fences which are an obstruction to the use of the Premises as herein provided or which interfere with or
may be likely to interfere with or endanger the Facilities or their proper maintenance and operation, provided the Undersigned shall give Georgia Power
written notice of the alleged damage within thirty (30) days after the alleged damage shall have been done. The Undersigned shall notify Georgia Power
of any party with whom the Undersigned contracts and who owns, as a result thereof, any growing crops, fruit trees or fences; and the Undersigned shall
inform said party of the notification provision set forth herein. Any growing crops, fruit trees or fences so cut or damaged on the Premises in the
construction, reconstruction, operation and maintenance of the Facilities are to remain the property of the owner thereof.
It is agreed that part of the within named consideration is in full payment for all timber cut or to be cut in the initial clearing and construction
of the Facilities and that timber so cut is to become the property of Georgia Power. The Undersigned will notify Georgia Power in the event the
Undersigned has contracted with another party who owns as a result thereof the timber to be so cut.
The Undersigned has the right to use the Premises for agricultural or any other purposes not inconsistent with the rights hereby granted,
provided such use shall not injure or interfere with the proper operation, maintenance, repair of, extensions or additions to the Facilities; and provided
further that no buildings or structures other than fences (which shall not exceed eight (8) feet in height and shall neither obstruct nor otherwise interfere
with any of the rights granted to Georgia Power hereby) may be erected upon the Premises.
The Undersigned expressly grants to Georgia Power the right to take any action, whether at law or in equity, and whether by injunction,
ejectment or other means, to prevent the construction, or after erection thereof to cause the removal, of any building or other structure(s) located on the
Premises (other than fences as provided for herein), regardless of whether the offending party is the Undersigned or not. The undersigned will notify
Georgia Power in the event the Undersigned contracts with a third party who owns, as a result thereof, any buildings or other such structures. The
Undersigned acknowledges and agrees that said rights are necessary for the safe and proper exercise and use of the rights, privileges, easements and
interests herein granted to Georgia Power.
Georgia Power shall not be liable for or bound by any statement, agreement or understanding not expressed herein.
TO HAVE AND TO HOLD forever unto Georgia Power the rights, privileges, easements, powers, and interests granted herein, which shall
be a covenant running with the title to the Premises.
The Undersigned warrants and will forever defend the title to the rights, privileges and easements granted herein to Georgia Power against
the claims of all persons whatsoever.
IN WITNESS WHEREOF, the Undersigned ___________ hereunto set ___________ hand(s) and seal(s), this _______________________
day of __________________________, 19___.
Signed, sealed and delivered in the presence of:
_________________________________________ ____________________________________________(SEAL)
Witness
_________________________________________ ____________________________________________(SEAL)
Notary Public

RESOLUTION NO. 2010-03-XX
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION IN OPPOSITION TO GEORGIA HOUSE BILL HB 480 CURRENTLY

PENDING IN THE GEORGIA LEGISLATURE
WHEREAS, proposed House Bill 480 (HB 480), sponsored by Representative Geisinger,
currently being considered by the Georgia Legislature, would eliminate the
sales and ad valorem taxes on motor vehicles titled in Georgia and, instead,
creates a 6.75% title fee; and
WHEREAS, the title fee would be collected on a county basis and a title of the vehicle from
sale in a particular county will be assigned to such county and all local share of
the title fee would stay in that county; and
WHEREAS, Mayor and City Council believe that this elimination of the sales and ad
valorem motor vehicle taxes would significantly impair anticipated revenue of
local governments and impair such government’s provision of services for the
health, safety and welfare of its citizens; and
WHEREAS, the apportionment of title fees to the county wherein the vehicle is titled and
sold would create an inequality amongst local jurisdictions and may not,
necessarily, correspond to the use of the municipal, county and state roads and
expense of their maintenance; and
WHEREAS, municipalities in Fulton County currently are responsible for maintenance of

most of the roadways in Fulton County and thus should receive a proportionate
share of the title fees, as it is not a fair apportionment to allow more than half
of the title fees to be given to the County for maintenance of a very small
number of roadways and streets; and
WHEREAS, though removing sales and ad valorem automobile taxes, HB 480 does not
provide the necessary factual basis or methodology to properly replace these
important local government revenue sources to appropriately keep each local
government whole and able to provide the necessary services to its citizens.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Sandy Springs
that the Mayor and Council, for the reasons stated above, hereby express their opposition on behalf of
the City of Sandy Springs for House Bill 480 (HB 480) and hereby authorize the City Manager to relay
said opposition to Representative Geisinger, as well as the City’s elected representative delegation to
the Georgia Legislature.
Page 1 of 1
BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Sandy Springs that the
Mayor is hereby authorized to sign on to any Resolution of the North Fulton Municipal Association in
opposition to HB 480.
Approved:
__________________________
Eva Galambos, Mayor
Attest:
_________________________________
Michael Casey, City Clerk
(Seal)
Page 2 of 2
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION IN OPPOSITION TO GEORGIA HOUSE RESOLUTION HR 1

CURRENTLY PENDING IN THE GEORGIA LEGISLATURE
WHEREAS, House Resolution 1 (HR 1), sponsored by Representative Lindsey, currently

being considered by the Georgia Legislature, is a proposed amendment to the
Georgia Constitution which would cap annual assessment of property tax
increases of property at 3 percent or the rate of the Consumer Price Index,
whichever is less, with the exception of improvements to property or after sale
of property, which would be assessed at fair market value; and
WHEREAS, Mayor and Council of the City of Sandy Springs believe that this artificial
assessment cap would create an inequity in property taxes wherein owners of
similar properties would be assessed a markedly different property tax
depending on whether the property has been recently sold; and
WHEREAS, capping the assessment on commercial properties would likely lead to the
increase in real estate trusts and tax shelters to shield legal transfer of
properties for tax purposes, which would eventually lead to the inequity of
higher property taxes for residential rather than commercial properties; and
WHEREAS, this inequitable assessment cap would be a disincentive for the purchase of
homes and would depress an already stagnating housing market and prolong
the current recession; and
WHEREAS, this assessment cap would decrease flexibility in the revenue sources of local
governments as the consequences of this cap would decrease the City’s main
source of revenue, property taxes, and, in order to continue provision of
necessary services, this assessment may require some local governments to
raise millage rates and contribute to the inequitably higher property taxes
assessed against new home and business owners; and
WHEREAS, in newly established municipalities such as Sandy Springs, Milton, and Sandy
Springs that are already less flexible in their revenue sources due to existing
millage rate caps, this assessment cap would impair these cities’ ability to have
immediate control over their anticipated revenue and would create an
insurmountable circumstance where they could not provide many of the basic
services while still maintaining the requisite balanced budget.
that the Mayor and Council, for the reasons stated above, hereby express their opposition on behalf of
the City of Sandy Springs for House Resolution 1 (HR 1) and hereby authorize the City Manager to
relay said opposition to Representative Lindsey, as well as the City’s elected representative delegation
to the Georgia Legislature.
Page 1 of 1
opposition to HR 1.
Approved:
__________________________
Eva Galambos, Mayor
Attest:
_________________________________
(Seal)
Page 2 of 2
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION IN SUPPORT OF GEORGIA HOUSE LEGISLATION HB 1093 AND HB

1137 OF THE 2010 GEORGIA LEGISLATIVE SESSION
WHEREAS, the Mayor and City Council of Sandy Springs are authorized to receive certain
portions of the local sales taxes collected on its behalf by the State of Georgia;
and
WHEREAS, the Mayor and Council recognize that it is difficult to ensure that all applicable
businesses collect and pay to the Department of Revenue of the State of
Georgia (DOR) all appropriate sales taxes are required by law; and
WHEREAS, HB 1093 (sponsored by Representative Knight) and HB 1137 (sponsored by

Representative Porter), currently propose legislation in the Georgia House,
would require the City of Sandy Springs and all other municipalities to collect
certain information for any business within the jurisdiction of such
municipality that requires an occupation tax or regulatory fee, and provide that
collected information to the DOR; and
WHEREAS, the Mayor and City Council believe that, by passage of both these bills,
positive steps will be taken to make sure that the appropriate sales taxes and
collected by applicable businesses and properly tendered to the Department of
Revenue; and
WHEREAS, HB 1093 and HB 1137 will require the Department of Revenue to compare
said information provided by the municipalities to its records, as well as report
any differences in the information to the affected municipality; and
WHEREAS, HB 1093 and HB 1137 will help ensure that all persons who are responsible for
payment of sales taxes do so fairly in order to help shoulder the burden of the
taxpaying businesses and individuals who have been properly compliant with
state law and operating their business properly.
that the Mayor and Council hereby express their support on behalf of the City of Sandy Springs for the
2010 Georgia Legislative Session Bills HB 1093 and HB 1137 and hereby authorize the City Manager
to relay said support to Representatives Knight and Porter, as well as the City’s elected representative
delegation to the Georgia Legislature.
support of HB 1093 and HB 1137.
Page 1 of 1
Approved:
__________________________
Eva Galambos, Mayor
Attest:
_________________________________
(Seal)
Page 2 of 2
Rezoning Petition No. RZ09-006/CV09-015
HEARING & MEETING DATES

Community Zoning Community Developer Planning Commission Mayor and City Council
Information Resolution Meeting Hearing Hearing
Meeting
October 27, 2009 November 18, 2009 December 17, 2009 January 19, 2010
February 18, 2010 March 16, 2010
APPLICANT/PETITIONER INFORMATION
Property Owners Petitioner Representative
MDT Perimeter Pointe LLC Wendy’s Arby’s Group Jeff Dehner/Woody Galloway
PROPERTY INFORMATION
Address, Land Lot, 1155 Mount Vernon Highway
and District Land Lot 19, District 17
Council District 5
Approximately 1,000 feet of frontage along the southeast side of Mt. Vernon Highway and
Frontage and Area 620 feet along the northeast side of Perimeter Center West. 1155 Mount Vernon Highway
has a total area of approximately 30.41 acres (1,324,660 sq.ft.).
Existing Zoning and C-1 (Community Business District) conditional under zoning case Z93-066/VC93-103. The
Use property is developed with a shopping center.
Overlay District Perimeter Community Improvement Design District
2027
Comprehensive Living-Working Regional (LWR), Node 6: PCID (Perimeter Community Improvement
Future Land Use District – Live Work Regional only)
Map Designation
Proposed Zoning C-1 (Community Business District) conditional to allow a new fast food restaurant.
INTENT
TO REZONE TO C-1 (COMMUNITY BUSINESS DISTRICT) CONDITIONAL, WITH CONCURRENT
VARIANCE(S), TO ALLOW A NEW FAST FOOD RESTAURANT.
The current zoning conditions, under Z93-066, allow for no more than one fast food restaurant on the total site at
1155 Mount Vernon Highway (Perimeter Pointe Shopping Center). The applicant is requesting to rezone the
subject property from C-1 (Community Business District) conditional to C-1 (Community Business District)
conditional to allow an additional fast food restaurant on the subject property.
Additionally, the applicant is requesting two (2) concurrent variances as follows:
1. Variance from Section 4.13.C. of the Zoning Ordinance to allow an existing outparcel (Chick-Fil-A)
abutting a public right-of-way to have less than 200 feet of frontage on that public right-of-way.
2. Variance from Article 33, Section 26, Subsection F(2) of the Zoning Ordinance to allow a third wall sign.
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on March 16, 2010
DT 3.1.10 Page 1 of 19
RZ09-006
DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION
RZ09-006 – DEFERRAL
CV09-015 #1 - DEFERRAL
CV09-015 #2 – DEFERRAL
The applicant continues to work with neighborhood groups, as well as the Landlord, to address certain issues
raised at community meetings. The issues raised, that are being addressed, include traffic flow throughout the
entire shopping center.
PLANNING COMMISSION RECOMMENDATION
The petition was heard at the December 17, 2009 Planning Commission meeting. The Commission
recommended denial of the request (4-0, Maziar, Rupnow, Pond, and Rubenstein for; Thatcher not voting;
Duncan and Boyken absent). The Commission expressed the following concerns:
1) Traffic flow within the Perimeter Pointe Shopping Center and vehicular traffic flow to and from the
shopping center and Perimeter Center West may be negatively impacted
2) The proposed project and overall shopping center lack sufficient Green Space
3) An additional fast-food restaurant having a drive-thru window would not promote pedestrian activity
4) The overall shopping center design was not planned to include the proposed project
The petition was heard at the February 18, 2010 Planning Commission meeting. The Commission
recommended denial of the request. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for;
Duncan not voting; Tart abstaining). The Commission recognized the opposition by the Dunwoody
Homeowners Association and other community associations and their request to enforce the original zoning
condition(s) limiting the shopping center to one [drive-through] fast food restaurant and three (3) outparcels.
• The Commission recommended to express the following issue regarding the aforementioned denial of
RZ09-009/CV09-015: Lack of pedestrian connectivity to the adjacent Crown Pointe office property to
the east. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting;
Tart abstaining).
RZ09-009/CV09-015: The insufficient overall green space of only 11.84% (with the proposed Wendy's)
not meeting the policy standard of 15% for the entire shopping center. Approved (5-0, Thatcher, Pond,
Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart abstaining).
RZ09-009/CV09-015: Insufficient quality of traffic circulation and directional/way-finding signage for
the entire shopping center. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for;
Duncan not voting; Tart abstaining).
RZ09-009/CV09-015: Lack of thoughtful provision for employee parking for the proposed Wendy's
perhaps to be located adjacent to and west of the throat of the vehicular ingress/egress on Perimeter
DT 3.1.10 Page 2 of 19
RZ09-006
Center West. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not
voting; Tart abstaining).
RZ09-009/CV09-015: Deficiency in traffic circulation in and around the Chick-Fil-A outparcel.
Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart
abstaining).
RZ09-009/CV09-015: Lack of true pedestrian access from the MARTA facility to the proposed Wendy's
and to the shopping center as a whole. Approved (5-0, Thatcher, Pond, Maziar, Rupnow, and
Rubenstein for; Duncan not voting; Tart abstaining).
MAYOR AND CITY COUNCIL RECOMMENDATION
January 19, 2010 Hearing: The petition was deferred to the March 16, 2010 City Council hearing to allow the
applicant time to provide additional and/or revised information regarding:
1) Traffic flow within the Perimeter Pointe Shopping Center and vehicular traffic flow to and from the
shopping center and Perimeter Center West.
2) The proposed project and overall shopping center Green Space.
3) How an additional fast-food restaurant having a drive-thru window would affect pedestrian activity.
4) With the inclusion of the proposed project, how would the overall shopping center impact the area.
After community/developer meetings, the applicant provided additional material, including a revised site
plan having a new site layout, that addressed items numbered 1 through 3.
DT 3.1.10 Page 3 of 19
RZ09-006
Location Map
DT 3.1.10 Page 4 of 19
RZ09-006
BACKGROUND
The subject site is located east of the intersection of Mount Vernon Highway and Perimeter
Center West. The property is zoned C-1 (Community Business District) conditional under
zoning case Z93-066/VC93-103. The property is developed with a mixture of uses including
retail, restaurant, and entertainment. The 30.41 acre subject property currently has a total
building area of 361,272 S.F. and a density of 11,880 S.F./Acre.
Under Z93-066/VC93-103, the subject property was conditioned to include the following:
• To a specific site plan

• To a maximum of three (3) outparcels
• To no more than one (1) fast food restaurant on the total site
• To a concurrent variance allowing the existing Chick- Fil-A outparcel to have less
than the required 200 feet of frontage abutting a public right-of-way (Mount Vernon
Highway)
Note: The above concurrent variance allowing the existing Chick- Fil-A outparcel to have
less than the required 200 feet of frontage abutting a public right-of-way (Mount Vernon
Highway) is now currently being considered under CV09-015.
EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY
Density
SUBJECT Land
Requested Square (Square
PETITION Proposed Use Area
Zoning Footage Footage per
RZ09- (Acres)
Acre)
006/CV09-
015 364,972
C-1 Shopping Center 30.41 12,002 S.F./Acre
S.F.
Square
Location in
Land Footage Density
relation to
Zoning Use Area or (Square Feet or
subject
(Acres) Number Units Per Acre)
property
of Units
Windsor at Mt.
A-L
Vernon 7.3 96 units 13.15 U.P.A.
North Conditional
Apartments
Z94-119
Apartment/Office/
Commercial
East Hotel
(Dunwoody) ------ -------- --------
DT 3.1.10 Page 5 of 19
RZ09-006
O-I
South Conditional MARTA --- ----- -------
Z85-102
C-1
South Conditional Shopping Center 7.44 90,507 S.F. 12,165 S.F./Acre
Z94-050
O-I
1,782,000
South Conditional Office Complex 25.46 69,992 S.F./Acre
S.F.
Z88-198
O-I
Northpark Office 3,799,103
West Conditional 42.34 89,728 S.F./Acre
Complex S.F.
Z87-128
DT 3.1.10 Page 6 of 19
RZ09-006
Zoning Map
DT 3.1.10 Page 7 of 19
Future Land Use Map RZ09-006
DT 3.1.10 Page 8 of 19
RZ09-006
Subject Property Subject Property
North of the Subject Property (Windsor at Mt. Vernon

East of the Subject Property (Apartments in
Apartments)
Dunwoody)
DT 3.1.10 Page 9 of 19
RZ09-006
East of the Subject Property (Crown Pointe office

South of the Subject Property (MARTA)
complex and Embassy Suites in Dunwoody)
South of the Subject Property (Retail Center) South of the Subject Property (Office Complex)
DT 3.1.10 Page 10 of 19
RZ09-006
South of the Subject Property (Office Complex) West of the Subject Property (Northpark Offices)
Sign Sign
DT 3.1.10 Page 11 of 19
RZ09-006
SITE PLAN ANALYSIS

The site plan submitted shows three (3) existing outparcels, on the west side of the property, having
restaurants currently operating on them. The site plan also shows the main parcel, consisting of 27.81 acres,
having an existing shopping center. The proposed 3,700 square foot fast food restaurant would be located
over a detention area located at the south east corner of the subject property. The Wendy’s property would
not become an additional outparcel, but would become part of the existing shopping center. And the
aforementioned open detention area would be made into an underground detention facility.
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: Retail Establishments, Restaurants, and Entertainment/Recreational. Based on the overall
subject property and the aforementioned uses, including the proposed Wendy’s, the applicant (per the site
plan) has provided 1,968 off-street parking spaces where 1,878 (with 15% MARTA reduction) off-street parking
spaces are required.
NOTE THE FOLLOWING:
• Current total required parking (per City’s shared parking): 2172 – 15% MARTA reduction = 1847
• Current total existing parking = 1971
• With new Wendy’s, total required parking (per City’s shared parking): 2209 – 15% MARTA reduction
= 1878
• Total provided parking with new Wendy’s = 1968 (30 of which serve new Wendy’s)
• With MARTA reduction, there are 90 spaces over the required amount.
LANDSCAPE PLAN ANALYSIS

The site plan for the overall project indicates there would be 148,842 S.F. (11.84%) of Landscaped Area. The
subject property in an area designated by the 2027 Comprehensive Future Land Use Map as Living-Working
Regional (LWR), Node 6: PCID (Perimeter Community Improvement District – Live Work Regional only).
The Comprehensive Plan recommends an excess of 20% Open and Green Space. 15% of this recommendation
must be green space. The overall project does not meet this recommendation; however, Staff notes the
proposed Wendy’s would be a part of an existing shopping center and would be constructed over an existing
detention area that does not technically qualify as either Open or Green Space.
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.
DT 3.1.10 Page 12 of 19
RZ09-006
DEPARTMENT COMMENTS
The staff held a Focus Meeting on November 4, 2009 at which the following departmental comments were
provided:
Sandy Springs
Assistant Director of There are no building and permitting requirements that need to be
Building and addressed at this time.
Permitting
Sandy Springs
DEVELOPMENT
There are no site development requirements that need to be addressed

BUILDING &
Development Plan
DIVISION
at this time.
Review Engineer
Sandy Springs
The site is part of a previously developed site. The existing detention
Landscape
pond would not require a buffer.
Architect/Arborist
No fire hydrants are shown on the building site. Refer to 120-3-3,
modification to the 2003 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
provided where required by the local responding fire department or
agency.
“Exceptions:
FIRE DEPT.
“1. For group R-3 and Group U occupancies, the distance requirement
Sandy Springs Fire shall be 600 feet (183 m).
Protection Engineer “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).”
Fire hydrants may not be omitted unless written approval by the local
responding fire department or agency is submitted to this office.
Refer to Sandy Spring Fire ordinance Sec. 22-34. Sprinkler protection

requirements. 1.11.2 All new commercial buildings in excess of
5,000 square feet or with an occupant load greater than 100 persons
shall be protected throughout with an approved automatic fire
protection system… .
TRANSPORTATION
Sandy Springs Provide two dedicated outbound lanes for the full throat length of the
Transportation entrance onto Perimeter Center West.
Planner
Georgia Department
There are no GDOT requirements that need to be addressed at this time.
of Transportation
DT 3.1.10 Page 13 of 19
RZ09-006
The staff has not received any additional comments from the Fulton County Board of Education.
PUBLIC INVOLVEMENT
Required Meetings
The applicant attended the following required meetings:
− Community Zoning Information Meeting held October 27, 2009 at the Sandy Springs City Hall
− Community/Developer Resolution Meeting held November 18, 2009 at the Sandy Springs City Hall
Public Comments (no attached letters)
Community input includes the following:
• Traffic flow within the Perimeter Pointe Shopping Center and vehicular traffic flow to and from the
shopping center and Perimeter Center West may be negatively impacted
(The applicant has addressed this concern be redesigning the site layout)
• The proposed project and overall shopping center lack sufficient Green Space
(The applicant has provided elevation renderings showing the proposed development)
• An additional fast-food restaurant having a drive-thru window would not promote pedestrian activity
(The applicant has addressed this concern be redesigning the site layout)
• The overall shopping center design was not planned to include the proposed project
The City Public Works Department has the following response to traffic flow:
• Provide two dedicated outbound lanes for the full throat length of the entrance onto Perimeter Center
West.
Notice Requirements
The petition was advertised in the Daily Report on December 10, 2009 and December 24, 2009. The applicant
posted signs issued by the Department of Community Development along the frontage of Mount Vernon
Highway and Perimeter Center West on November 13, 2009.
Public Participation Plan and Report

The applicant met the Public Participation Plan requirements. The applicant submitted the Public
Participation Report seven (7) days prior to the Mayor and City Council Hearing on January 19, 2010. The
Public Participation Report was submitted on or before January 12, 2010.
DT 3.1.10 Page 14 of 19
RZ09-006
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 multi-family developments
to the north, multi-family/office/hotel developments to the east, MARTA/retail/office
developments to the south, and an office development 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.
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 generally consistent with the
Future Land Use Map, which designates the property as Live Work Regional (LWR). The LWR
land use designation recommends a density of over 25,000 square feet per acre for commercial
and office uses plus over 20 residential units per acre. The overall project, with the inclusion of
the proposed Arby’s, would have a commercial density of 12,002 square feet per acre.
Therefore, the overall project does not meet this recommendation; however, Staff notes the
proposed Arby’s would be a part of an existing shopping center and, by its construction,
would actually add to the density of the overall site. The complete project lends itself to the
overall intent of the LWR designated areas that are intended for high density residential and
mixed land uses along major transportation corridors and/or rail transit stations intended to
serve larger areas and to provide larger commercial uses with a significant employment
concentration. The Comprehensive Plan recommends an excess of 20% Open and Green Space.
15% of this recommendation must be green space. The overall project does not meet this
recommendation; however, Staff notes the proposed Arby’s would be a part of an existing
shopping center and would be constructed over an existing detention area that does not
technically qualify as either Open or Green Space. The subject site is located in Living Working
Node 6, Perimeter Community Improvement District (PCID), which is made up of high density
residential, regional office, and commercial developments.
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.
DT 3.1.10 Page 15 of 19
RZ09-006
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.
VARIANCE CONSIDERATIONS
The applicant is requesting two (2) concurrent variances as follows:
1. Variance from Section 4.13.C. of the Zoning Ordinance to allow an existing outparcel abutting a public
right-of-way to have less than 200 feet of frontage on that public right-of-way.
The applicant states this request was previously approved under Z93-066/VC93-103 and the existing
Chick-Fil-A outparcel currently has less than the required 200 feet of frontage abutting a public right-
of-way (Mount Vernon Highway).
The staff is of the opinion relief from this requirement is in harmony with the intent of the Zoning Ordinance
and there is a hardship due to the physical characteristics of the subject property because this request was
previously approved under Z93-066/VC93-103 and the existing Chick-Fil-A outparcel currently has less than
the required 200 feet of frontage abutting a public right-of-way (Mount Vernon Highway). Therefore, based on
these reasons, the staff recommends APPROVAL of this concurrent variance request.
2. Variance from Article 33, Section 26, Subsection F(2) of the Zoning Ordinance to allow a third wall
sign.
The applicant has indicated this variance will not result in any harm to the health and safety of the
general public. 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 proposed sign is facing internal to the overall
shopping center. Therefore, based on these reasons, the staff recommends APPROVAL of the variance to allow
a third wall sign.
DT 3.1.10 Page 16 of 19
RZ09-006
CONCLUSION TO FINDINGS
The staff recommends DEFERRAL of the request to rezone to C-1 (community business district) conditional,
with concurrent variance(s), to allow a new fast food restaurant.
DT 3.1.10 Page 17 of 19
RZ09-006
STAFF RECOMMENDED CONDITIONS
Should the Mayor and City Council decide to approve the petition to rezone the subject property from C-1
(Community Business District) conditional to C-1 (Community Business District) conditional to allow an
additional fast food restaurant on the subject property, 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. Retail, service commercial and/or office and accessory uses, including all exterior food and
beverage service areas, at a maximum density of 12,002 gross square feet of total floor area per acre
zoned or a total floor area of 364,972 gross square feet, in no more than seven buildings, whichever
is less, but excluding adult entertainment establishments, car washes, convenience stores, service
stations, grocery stores, commercial amusements and billboards or any uses which are 24 hour
operations.
b. A maximum of three outparcels shall be allowed on the subject site as shown on the site plan
referenced in condition 2.a. The total gross square footage of the outparcel development, shall be
calculated as part of the total floor area allowed in condition 1.a.
c. No more than two (2) fast food restaurants, having drive-through windows, on the total site.
d. Limit the height of the buildings to no more than two stories or 60 feet, excluding entrance features
and roof-top screening, whichever is less.
2. To the owner's agreement to abide by the following:
a. To the site plan received by the Department of Community Development dated February 2, 2010.
Said site plan is conceptual only and must meet or exceed the requirements of the Zoning
Ordinance and these conditions prior to the approval of 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 be in accordance with the two (2) elevation renderings received by the Department of
Community Development dated February 2, 2010.
3. To the owner's agreement to the following site development considerations:
a. The owner/developer shall dedicate fifty-five (55) feet of right-of-way from centerline of Mount
Vernon Highway and Perimeter Center West 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.
Such right-of-way as may be coordinated and agreed to between the owner and MARTA.
b. No more than two exit/entrances on Mt. Vernon Highway. The southernmost curb cut shall be
limited to right-in/right-out traffic only. Curb cut location and alignment are subject to the
approval of the Sandy Springs Traffic Engineer.
c. No more than one exit/entrance on Perimeter Center West. Curb cut location and alignment are
subject to the approval of the Sandy Springs Traffic Engineer.
DT 3.1.10 Page 18 of 19
RZ09-006
d. No direct access from Mt. Vernon Highway to service the outparcels. The permitted outparcels
shall gain access via internal drives. Said access points to the outparcels from the permitted curb
cuts shall be located at least 100 feet from the new dedicated right-of-way of any public street.
e. Each outparcel which abuts a public right-of-way shall have a minimum of 200 feet of frontage on
said public right-of-way, except the outparcel labeled on the site plan as “B”, shall have a minimum
of 160 feet of frontage; however, direct access to said right-of-way shall be prohibited (CV09-015).
f. Variance from Article 33, Section 26, Subsection F(2) of the Zoning Ordinance to allow a third wall
sign (CV09-015).
g. Light sources of any exterior illumination on the site shall not be directly visible from any adjoining
residential property lines.
h. Any lighting of the parking lot shall be limited in height to a 30 foot mast.
i. Provide 100% opaque screening around all trash dumpsters subject to the approval of the Director
of Community Development. Said dumpsters shall not be located within buffers, landscape strips
or parking and loading areas, nor within 150 feet of property zoned or developed residential. Pick-
up service shall be limited to the hours between 8:00 a.m. and 8:00 p.m., Monday through Saturday.
j. Provide 100% opaque screening around all delivery truck bays subject to the approval of the
Director of Community Development.
k. Provide screening of any roof top mechanical equipment from adjacent properties subject to the
approval of the Director of Community Development.
l. The owner/developer shall provide two dedicated outbound lanes for the full throat length of the
entrance onto Perimeter Center West.
Attachments
Letter of Intent dated received October 6, 2009
Applicant Zoning Impact Analysis dated received October 6, 2009
Site Plan dated received February 2, 2010
Two (2) elevation renderings received February 2, 2010
Site Plan Detail dated received February 18, 2010
Letter Fulton County Dept. of the Environment & Community Development received November 19, 2009
Letter Fulton County Dept. of Health and Wellness received November 12, 2009
ARC review finding received January 4, 2010
MARTA Area Planning Review received January 4, 2010
Amendment to the rezoning petition request received February 2, 2010
Letter of Opposition received February 5, 2010
DT 3.1.10 Page 19 of 19
Rezoning Petition No. RZ09-011

Planning
Community Zoning Design Review Community Developer Mayor and City
Commission
Information Meeting Board Resolution Meeting Council Hearing
Hearing
February 18,
December 22, 2009 N/A January 28, 2010 March 16, 2010
2010
MJM Development, Ltd. Metropolitan Clinic, LLC Gerald A. Benda, Esq.
Address, Land Lot, 6550 Roswell Road (SR 9)
Council District 3
92.08 feet of frontage along the west side of Roswell Road. The subject property has a total
Frontage and Area
area of 0.42 acres.
Existing Zoning and C-1 (Community Business District) conditional under zoning case Z83-0007. The subject
Use parcel is currently developed as a one-story commercial property.
Overlay District Urban District
2027
Comprehensive Living-Working Community (LWC), Node 9: Roswell Road and Vernon Woods Drive
Future Land Use (Uptown)
Map Designation
Proposed Zoning C-1 (Community Business District) for a clinic in Existing Structure
INTENT
TO REZONE FROM C-1 (COMMUNITY BUSINESS DISTRICT) CONDITIONAL TO C-1 (COMMUNITY

BUSINESS DISTRICT)
The applicant is requesting to rezone the subject property from C-1 (Community Business District) conditional to
C-1 (Community Business District) to allow a clinic in the existing building (one-story split level building with
4,011 square feet). The current conditions of zoning allow retail use only.
RZ09-011 – APPROVAL CONDITIONAL
February 18, 2009 Hearing: Recommendation for approval subject to staff conditions. Approved (5-0,
Thatcher, Pond, Maziar, Rupnow, and Rubenstein for; Duncan not voting; Tart abstaining).
CG 2.26.10 Page 1 of 13
RZ09-011
Location Map
CG 2.26.10 Page 2 of 13
RZ09-011
BACKGROUND
The subject site is located south of the intersection of Roswell Road (SR9) and Abernathy
Road. The property is zoned C-1 (Community Business District) conditional under zoning
case Z83-0007. The current conditions of zoning allow for retail use only. The subject parcel
is currently developed as a commercial property with a one-story building. The applicant
wants to rezone to C-1 (Community Business District) to allow for a clinic in existing
structure.
Land Density (Square

Requested Square
SUBJECT Proposed Use Area Footage per
Zoning Footage
PETITION (Acres) Acre)
RZ09-011
4,011 S.F.
C-1 Medical Office 0.42 9,550 S.F./Acre
(existing)
Square
Location in
Land Footage Density (Square
relation to
Zoning Use Area or Feet or Units Per
subject
(Acres) Number Acre)
property
of Units
Provence North
A-O
Apartments @ 7.58 94 units 12.40 Unit/Acre
North/West Conditional
6558 Roswell
Z67-050
Road (SR9)
Fast food
C-1 restaurant @ 6555
East Conditional Roswell Road 2.70 4,076 S.F. 1,510 S.F./Acre
Z78-009 (SR9)
General
C-1 Commercial Uses
South Conditional (Office) @ 6540 0.43 3,115 S.F. 7,244 S.F./Acre
Z72-053 Roswell road
(SR9)
CG 2.26.10 Page 3 of 13
RZ09-011
Zoning Map
CG 2.26.10 Page 4 of 13
RZ09-011
Future Land Use Map
CG 2.26.10 Page 5 of 13
RZ09-011
Subject Property Rear of Subject Property
South of Subjet Property South of the Subject Property (Promove Office)
CG 2.26.10 Page 6 of 13
RZ09-011
North & West of the Subject Property (Apartments) North & West of the Subject Property (Apartments)
East of the Subject Property (Former Arby’s) Sign
CG 2.26.10 Page 7 of 13
RZ09-011
SITE PLAN ANALYSIS
The site plan submitted shows an existing one-story split level building with 4,011 square feet. The applicant
is keeping the building as is without any external changes.

Section 18.2.1, Basic Off-street Parking Requirements, requires a minimum amount of parking spaces (4 per 1,000
square feet) for the following uses: Medical Office and Related Facilities. Based on the overall project and the
aforementioned uses, the owner/developer has or will provide the required off-street parking and has been
considered under previously approved Sandy Springs permits. The proposed use requires 16 parking spaces
and 23 parking spaces are provided.
The associated existing parking lot is to remain. The required landscape islands and the required landscaping
for the overall project has been considered under previously approved Sandy Springs permits. The existing
zoning conditions of zoning case Z83-0007 require a 25 foot wide natural undisturbed buffer, replanted where
sparsely vegetated, adjacent to the west property line and a minimum 7 foot wide landscape strip adjacent to
the north property line.
Zoning Ordinance. The site does not contain any known wetlands, streams, sensitive plants and/or protected
animal species, or archaeological/historical sites. The site is not located within a floodplain. Moreover, the site
is to remain as is. Therefore, the project’s impact to the environment is minimal.
DEPARTMENT COMMENTS
The staff held a Focus Meeting on January 6, 2010 at which the following departmental comments were
provided:
Sandy Springs
Assistant Director of
 No comments
Building and
Permitting
Sandy Springs
DEVELOPMENT
BUILDING &
Development Plan  No comments

DIVISION
Review Engineer
Sandy Springs
Landscape  No comments
Architect/Arborist
DEPT.
Sandy Springs Fire

TRANSPORT FIRE
 No comments
Protection Engineer
 Right-of-way dedication: 55’ from centerline of Roswell Road.

Sandy Springs Prior to issuance of permanent CO, applicant provide right of way
ATION

Transportation dedication and easements, at no cost to the City, as required per the
Planner GDOT approved right of way plans for the T-0012 streetscape project
CG 2.26.10 Page 8 of 13
RZ09-011
Georgia Department
 No comments
of Transportation
The staff has not received any additional comments from the Fulton County Board of Education. The staff
has not received additional comments from the Fulton County Emergency Services Department .
PUBLIC INVOLVEMENT
Required Meetings
Community Zoning Information Meeting held December 22, 2009 at the Sandy Springs City Hall
Community/Developer Resolution Meeting held January 28, 2010 at the Sandy Springs City Hall
No public comments were received by Staff.
Notice Requirements
The petition was advertised in the Daily Report on February 11, 2010 and February 25, 2010. The applicant
posted signs issued by the Department of Community Development along the frontage of Roswell Road (SR9)
on January 8, 2010.

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.

following factors:
nearby property.
Finding: The surrounding area consists of a fast food restaurant to the east, general commercial
development to the south, and apartments to the north and west. The existing conditions of
the lot allow for a proper transition between these areas. The staff is of the opinion that the
proposed use is suitable in view of the use and development of adjacent and nearby property.
CG 2.26.10 Page 9 of 13
RZ09-011
zoned.
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 Community (LWC). The applicant
is proposing to allow for a use consistent with C-1 zoning. The existing density for the
subject parcel is 9,550 square feet per acre. The LWC land use designation recommends: a
density of up to 25,000 square feet per acre for commercial and office uses, a 100,000 square
foot/tenant limitation, and a 15 % minimum of Open and Green Space Components (10%
must be G.S. and 5% may be O.S.). The proposal lends itself to the overall intent of the LWC
designated areas that are intended for medium density mixed land uses (residential and
commercial) intended to serve a group of adjacent neighborhoods and to be compatible
with low and medium density residential neighborhoods . The subject site is located in
Living Working Community Node 9: Roswell Road and Vernon Woods Drive (Uptown).
The area is characterized by narrow lots with frontage on Roswell; therefore, the assemblage
of multiple properties is not necessarily encouraged in this area; however, the elimination of
individual curb cuts and increased interparcel access is supported. In addition, the area
should incorporate a mix of less dense office and residential uses; however, it is not
necessary to develop both office and residential uses on a single parcel. The guidelines and
policies of Node 9 recommend: up to 20 residential units per acre, commercial and office
densities should be 25,000 square feet per acre or less and there should be a maximum
building height of four (4) stories. At least 10% of a site shall be maintained as open space.
Moreover, an ability to achieve maximum densities should be supported by the elimination
of consolidate of curb cuts, providing interparcel access, and meeting or exceeding
recommended open space.
Finding: The staff is of the opinion that there are no existing or changing conditions affecting the use of
the property, which give supporting grounds for approval or denial of the applicant’s
proposal.
CG 2.26.10 Page 10 of 13
RZ09-011
It is the opinion of the staff that the petition is consistent with the Future Land Use Map and the policies of
the Comprehensive Plan. Therefore, based on these reasons, the staff recommends APPROVAL
CONDITIONAL of the request to rezone the subject property from C-1 (Community Business District)
conditional to C-1 (Community Business District) to allow for clinic in the existing building.
CG 2.26.10 Page 11 of 13
RZ09-011
Should the Mayor and City Council decide to approve the petition to rezone the subject property from C-1
(Community Business District) conditional to C-1 (Community Business District) to allow for clinic use 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. Clinics, financial establishments, offices, and retail as well as their accessory uses at a maximum
density of 9,550 square feet of gross floor area per acre zoned, or a total gross floor area of
4,011 square feet, whichever is less.
a. To the revised site plan received by the Department of Community Development on December 1,
2009. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning
Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless
otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy.
b. Provide a 25 foot wide natural undisturbed buffer, replanted where sparsely vegetated, adjacent to
the west property line.
c. Any exterior illumination on the site will not exceed 1.2 footcandles at the western or northern
property lines nor will the light source be directly visible form adjoining residential properties.
a. The owner/developer shall dedicate 55 feet from the centerline of Roswell Road (SR9) along the
entire street frontage or 10.5 feet from the edge of curb, whichever is greater. Prior to issuance of
permanent CO, applicant shall provide right-of-way dedication and easements, at no cost to the
City, as required per the GDOT approved right-of-way plans for the T-0012 streetscape project.
b. No more than one exit/entrance on Roswell Road.
c. Provide interparcel access to property to the south.
4. To reduce minimum yards, landscape strips, and any other development standards to the extent
necessary for the existing structures and site improvements, as shown on the Site Plan, to comply with
the requirements of the Zoning Ordinance.
CG 2.26.10 Page 12 of 13
RZ09-011
Attachments
Letter of Intent dated received December 1, 2009
Applicant Zoning Impact Analysis dated received December 1, 2009
Site Plan dated received December 1, 2009
Letter Fulton County Dept. of Health and Wellness received January 7, 2010
Letter City of Atlanta Dept. of Watershed Management received February 3, 2010
Z083-007 Fulton County Resolution
CG 2.26.10 Page 13 of 13
Rezoning Petition No. RZ09-012/CV09-020

Planning
Community Zoning Community Developer Mayor and City Council
Commission
Information Meeting Resolution Meeting Hearing
Hearing
December 22, 2009 January 27, 2010 February 18, 2010
March 16, 2010
1120 Hope Road, LLC 1120 Hope Road, LLC Laurel David
Address, Land Lot, 1120 Hope Road
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 general and medical office/clinic use and
Proposed Zoning
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 general office, medical office/clinic, and adult
day care uses 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,
DT 3.1.10 Page 1 of 20
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 74 spaces.

CV09-020 #1 – APPROVAL CONDITIONAL
CV09-020 #9 - APPROVAL CONDITIONAL

DT 3.1.10 Page 2 of 20
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).
Location Map
DT 3.1.10 Page 3 of 20
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, 20

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 74.
• The total amount of proposed parking (74 spaces) is 9 more spaces than the currently
existing 65.
DT 3.1.10 Page 4 of 20
RZ09-012/CV09-020
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 3.1.10 Page 5 of 20
RZ09-012/CV09-020
Zoning Map
DT 3.1.10 Page 6 of 20
RZ09-012/CV09-020
Future Land Use Map
DT 3.1.10 Page 7 of 20
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 3.1.10 Page 8 of 20
RZ09-012/CV09-020
West of the Subject Property (Commercial) West of the Subject Property (Commercial)
Sign
DT 3.1.10 Page 9 of 20
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.

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 94 spaces calculated as follows:
• 10,366 s.f. Medical Office/Clinic (4 spaces/1000 s.f.)= 42 spaces

• 10,366 s.f. General Office (3 spaces/1000 s.f.)= 31 spaces
• 11,011 s.f. [Adult] Day Care (1.7 spaces/1000 s.f.)= 19 spaces (plus 1 spaces for every 4 employees)= 2
spaces
The applicant is requesting a concurrent variance to allow 74 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, 20 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 74.
• The total amount of proposed parking (74 spaces) is 9 more spaces than the currently existing 65.

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 3.1.10 Page 10 of 20
RZ09-012/CV09-020

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
Sandy Springs required to comply with Section 16 of that code. Some, but not all of the
Assistant Director of requirements would be separation from other occupancies with a one
Building and hour fire barrier, a fire alarm system, and special means of egress from
Permitting 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.
Sandy Springs
DEVELOPMENT
Any permit applications involving site development shall comply with

BUILDING &
Development Plan
DIVISION
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 3.1.10 Page 11 of 20
RZ09-012/CV09-020
PUBLIC INVOLVEMENT
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
• 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.

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.

following factors:
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.
zoned.
DT 3.1.10 Page 12 of 20
RZ09-012/CV09-020
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 .
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.
DT 3.1.10 Page 13 of 20
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.
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.
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 3.1.10 Page 14 of 20
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.
6. Variance from Section 4.23.2 of the Zoning Ordinance to delete the parking lot landscaping
requirements.
DT 3.1.10 Page 15 of 20
RZ09-012/CV09-020
proposal will not pose a detriment to the public because the parking lot is existing and significant existing
vegetation 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 parking lot is existing and significant existing
vegetation 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.
9. Variance from Section 18.2.1 of the Zoning Ordinance to reduce the required parking from 94 spaces to
74 spaces.
DT 3.1.10 Page 16 of 20
RZ09-012/CV09-020
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 74 spaces.
DT 3.1.10 Page 17 of 20
RZ09-012/CV09-020
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 9.
DT 3.1.10 Page 18 of 20
RZ09-012/CV09-020
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.
b. To a 31,743 square foot building developed at a density of 12,531.78 square feet per acre.
c. 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, 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.
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).
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
DT 3.1.10 Page 19 of 20
RZ09-012/CV09-020
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. Variance from Section 18.2.1 of the Zoning Ordinance to reduce the required parking from 94
spaces to 74 spaces (CV09-020).
j. 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.
k. 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.
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
DT 3.1.10 Page 20 of 20
TO: John McDonough, City Manager
FROM: Thomas Black, Public Works Director
DATE: March 2, 2010, for Submission onto the Agenda of the March 16, 2010, City Council
Meeting
ITEM: Acceptance of Right of Way and Easement Rights for the Lake Forrest Drive Sidewalk
and Intersection Improvement Project
Public Works Department’s Recommendation:
Staff recommends that the Mayor and City Council accept the Right of Way and Easement
Acquisitions for the project on Lake Forrest Drive for sidewalk and intersection improvements.
The properties are located in Land Lots 89, 90, 123 and 124 of the 17th District, Fulton County,
Georgia. The Acquisition totals are 7,012.52 Square Feet of Permanent Construction Easement
and 5,312.87 Square Feet of Right of Way were needed. The total cost for the acquisition of
these rights was $49,900.
Background:
This project includes construction sidewalks and associated retaining walls, driveway tie-ins and
curbing primarily on the west side of Lake Forrest Drive from Northwood Drive to Hammond
Drive. It also includes the addition of a north bound turn lane and intersection improvement at
the corner of Lake Forrest and Hammond and the construction of sidewalk along Hammond
Drive to the entrance of the Forrest Place community. The project duration is estimated at 120
days from the issuance of Notice to Proceed.
Discussion:
The attached exhibits include the location and area of executed right of way and easements, as
well as right of way deeds and plats showing the location of the properties. This work is being
done with as little inconvenience to the property owner as possible. The amount of the last
compensation payment to each property owner has been derived from an appraisal prepared by
a local GDOT Certified appraiser and is being offered to the property owners for the
inconvenience and disturbance of the right to quiet use of their property.
Alternatives:
The Council could decide not to accept the rights of way and easements needed to construct
the intersection improvements and sidewalk, and the project not constructed.
Financial Impact:
The total cost to the City for acquisition is $49,900, and broken out as follows:
• Parcels 1 & 2 …Atlanta Board of Realtors …Driveway Easements...Donated

• Parcel 3 …Ridgemere Condo HOA…1884.46 SF of Right of Way and 4850.20 SF of
Permanent Easement........$8,000
• Parcel 6…Margaret Weill….2981.79 SF Right of Way 2162.32 SF of Permanent
Easement ……$ 33,200.
• Parcel 7……Forrest Place Condo’s….325.27 SF of Right of Way……..$5,100
• Parcel 8……Phyllis Adilman….65.07 SF of Right of Way………….. $2,200_
• Parcel 9……Springdale Drive Holdings Inc…….56.28 SF of Right of way….$1,400
Attachments:
1. Plats and Descriptions

2. Resolution
RESOLUTION NO.
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION TO ACCEPT RIGHT-OF-WAY ON PROPERTIES LOCATED IN LAND LOTS 89

AND 90 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 acquistion of and acceptance by the City of Sandy Springs rights of way, temporary
construction easement and permanent right-of-way rights for Parcels 1,2,3,6,7,8, and 9, located on Land Lots
89 and 90, 123 and 124 of the 17th District, City of Sandy Springs, Fulton County, Georgia known as Lake
Forrest Drive Sidewalk and Intersection Improvement Project, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SANDY SPRINGS, GEORGIA
To facilitate the Lake Forrest Drive Sidewalk and Intersection Improvement, the City approves the acceptance
of all the Temporary Construction Easements and Permanent Easements and the Rights-of-Way located on
Land Lot 89 and 90, 123 and 124 of the 17th District, City of Sandy Springs, Fulton County, Georgia.
RESOLVED this the 16th day of March 2010.

Approved:
____________________________
Eva Galambos, Mayor
Attest:
_____________________________
(Seal)
To: John McDonough, City Manager
From: Tom Black, Director of Public Works
Date: March 2, 2010 for Submission onto the March 16, 2010 City Council Regular
Meeting Agenda
Subject: A Resolution to Amend the Local Roadway Functional Classification Map of the
City of Sandy Springs Transportation Master Plan
Staff Recommendation:
At this time, staff is recommending approval of a resolution to officially adopt the Local Roadway
Functional Classification Map of the City of Sandy Springs Transportation Master Plan.
Background:
The City of Sandy Springs Transportation Master Plan was adopted in August 2008 and
included reference to a functional classification system with proposed modifications to that
system.
Discussion:
The Department of Public Works prepared a Functional Classification Map that the Mayor and
City Council approved to be transmitted to the Atlanta Regional Commission (ARC) and the
Georgia Department of Transportation (GDOT) for review.
Both the ARC and GDOT have reviewed and approved the Functional Classification Map as
prepared by the department.
RESOLUTION NO. ___________
Reading: March 16, 2010
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION TO AMEND THE LOCAL ROADWAY FUNCTIONAL CLASSIFICATION

MAP OF THE CITY OF SANDY SPRINGS TRANSPORTATION MASTER PLAN
BE IT RESOLVED by the City Council for the City of Sandy Springs, Georgia while in regular session
on March 16, 2010 at 7:00 p.m. as follows:
SECTION 1. That the City of Sandy Springs Transportation Master Plan was adopted in
August 2008;
SECTION 2. That the Local Roadway Functional Classification Map of the City of
Sandy Springs Transportation Master Plan has been reviewed and approved by the Atlanta
Regional Commission and the Georgia Department of Transportation; and
SECTION 3. This Resolution shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this the 16th day March, 2010.
Approved:
Eva Galambos, Mayor
Attest:
(Seal)
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MA R S H I DD E N F A E BE FR AN KLIN L N
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H CH
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CR
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V
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AMBE RID GE T R AIL WH ISPER IN G WY
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DR
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Minor Arterial (34.8 Miles)

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Mayor and Council Meeting - 03.16.10

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Mayor and Council Meeting - 03.16.10

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CITY COUNCIL

Eva Galambos, Mayor

John Paulson – District 1

Tuesday, March 16, 2010 Regular Meeting 6:00 PM

A) INVOCATION – Deacon Tom Shuler, Holy Spirit Catholic Church

B) CALL TO ORDER – Mayor Eva Galambos

C) ROLL CALL AND GENERAL ANNOUNCEMENTS

D) PLEDGE OF ALLEGIANCE – Mayor Eva Galambos

(Agenda Item No. 10-053)

(Agenda Item No. 10-054)

(Agenda Item No. 10-055)

(Agenda Item No. 10-056)

(Agenda Item No. 10-057)

Morgan Falls Office Park

(Agenda Item No. 10-058)

(Agenda Item No. 10-059)

1. Keep Sandy Springs Beautiful – Kathy Reed, Executive Director KNFB

(Agenda Item No. 10-060)

(Invitation for Public Comment)

(Agenda Item No. 10-061)

(Invitation for Public Comment)

(Agenda Item No. 10-062)

(Invitation for Public Comment)

(Agenda Item No. 10-063)

(Invitation for Public Comment)

(Agenda Item No. 10-064)

(Invitation for Public Comment)

I) UNFINISHED BUSINESS (none at this time)

(Agenda Item No. 10-065)

(Agenda Item No. 10-066)

(Agenda Item No. 10-067)

(Agenda Item No. 10-068)

K) REPORTS AND PRESENTATIONS

a) Mayor and Council Reports

M) EXECUTIVE SESSION (none at this time)

(Agenda Item No. 10-069)

7. Lessee shall not make any alterations, modifications, additions or improvements

GPC Morgan Falls 2010 Final.docx -4-

Lessee: City Manager

Signed, sealed and delivered in the LESSEE:

_____________________________ By: ________________________________ (SEAL)

(NOTARIAL SEAL) My Commission Expires:

Signed, sealed and delivered in the LESSOR:

______________________________ BY: _______________________________

GPC Morgan Falls 2010 Final.docx -9-

GPC Morgan Falls 2010 Final.docx

Form Transmission Easement

GPC Morgan Falls 2010 Final.docx

A RESOLUTION IN OPPOSITION TO GEORGIA HOUSE BILL HB 480 CURRENTLY

WHEREAS, municipalities in Fulton County currently are responsible for maintenance of

A RESOLUTION IN OPPOSITION TO GEORGIA HOUSE RESOLUTION HR 1

WHEREAS, House Resolution 1 (HR 1), sponsored by Representative Lindsey, currently

A RESOLUTION IN SUPPORT OF GEORGIA HOUSE LEGISLATION HB 1093 AND HB

WHEREAS, HB 1093 (sponsored by Representative Knight) and HB 1137 (sponsored by

HEARING & MEETING DATES

Additionally, the applicant is requesting two (2) concurrent variances as follows:

DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION

PLANNING COMMISSION RECOMMENDATION

MAYOR AND CITY COUNCIL RECOMMENDATION

• To a specific site plan

EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY

Subject Property Subject Property

North of the Subject Property (Windsor at Mt. Vernon

East of the Subject Property (Crown Pointe office

_ By: ____ (SEAL)

BY: _

There are no site development requirements that need to be addressed

Any permit applications involving site development shall comply with