The Georgia Court of Appeals has accepted the appeal of Fulton County Superior Court Judge Thelma Wyatt Cummings Moore’s decision that the Georgia Air Quality Act and the federal Clean Air Act (CAA) regulate emission of carbon dioxide (CO2). A decision is not likely until early 2009.
Archive for August, 2008
Crum & Foster Building Recommeded for Landmark Historic Status
Atlanta Urban Design Commission has voted unanimously to recommend landmarking the Crum and Forster building in Midtown. The recommendation now goes to the zoning committee of the Atlanta City Council.
The Georgia Tech Foundation argues that its demolition permit predates the historic designation nomination and is appealing the denial of a demolition permit for the building, which will be heard by the Board of Zoning Adjustment on November 21.
Sandy Springs Approves Land Use Permit for Holy Spirit Preparatory School
By a vote of 4-2 and in spite of neighborhood opposition, the Sandy Springs City Council approved a land use permit for Holy Spirit Preparatory School. Holy Spirit can now move forward with its plans to transform the 8.01-acre, undeveloped parcel of land into a multi-use sports complex. The complex will include an artificial turf football/soccer field, tennis courts, a four-lane swimming pool and a field house, which also will house the chaplain’s office and meeting and retreat space.
The council did limit the number of night home games to 12 a year and they would be required to end at 11 p.m.
The Sandy Springs Reporter has a good summary of the arguments by Holy Spirit and from opposing neighbors here.
Snellville Concedes Crematorium Legal
After weeks of delay, Snellville seems to have conceded that it has no legal right to stop a proposed crematorium. Faced with neighborhood opposition, the City Council had delayedissuing a business permit so it could conduct environmental studies. City Manager Russell Treadway spent two weeks researching the environmental impact of crematories and announced at the City Council meeting that he found no hard evidence that crematories are dangerous.
While conceding that the crematorium could legally open, the council did approve a new ordinance allowing city employees to regulate the emissions from crematories.
UPDATE: Here are the meeting minutes from the Council’s July 31 Meeting and August 25 Meeting. Seems the delay was not due to the environmental study. Instead, parking requirements seem to be the basis of the delay. There was a motion for an investigation regarding the crematory Certificate of Occupancy, zoning application, and subsequent permitting or any other issue was made, but failed 3-3. The city has the authority to call for an investigation into the “affairs of the city or conduct of any department, office, or agency”.
Mixed-Used Development at Tara Field Breaks Ground In Spite of Opposition from Clayton County
The $300 million aviation-driven mixed-use development for 97 acres at Clayton County Airport-Tara Field in Hampton has broken ground and is “not going to stop” in spite of opposition from recently reelected Clayton County Commission Chairman Eldrin Bell. “If Clayton County wants to stop us, I suggest they get a court order in Henry County and I do not believe this would go well for the chairman,” challenged Developer Billy Abbate, owner of Big 5 Enterprises LLC.
Although owned by Clayton County, the airport lies entirely inside Henry County. Abbate has received the necessary land disturbance permits from Henry County to breakground.
The project will include an aircraft hanger in addition to residential and retail elements.
Vernon’s Chief of Staff will lead Dunwoody Transition Team
DeKalb County’s lame duck CEO Vernon Jones has created a nine-person team to handle the transition of power to Dunwoody, which will take over December 1. The transition team will be led by Vernon’s Chief of Staff Ann Kimbrough. Kimbrough came in a distant, distant third to replace her boss in the recent elections.
Atlanta Approves Bonds for Beltline
On Monday, the Atlanta City Council approved $117 million in bonds for the Beltline. In 2006, Atlanta approved $200 million in bonds for the Beltline, which was ruled unconstitutional by the Georgia Supreme Court because school property tax revenues were being spent on redevelopment projects like the Beltline. These newly approved bonds will only be based upon city and county tax revenues, not school property taxes.
DeKalb residents are both for and against the project.
Here is a copy of the Georgia Supreme Court opinion invalidating the 2006 bond.
DeKalb County Superior Court Finds PATH Project Illegal and Orders Construction to Stop
DeKalb County Superior Court Judge Gregory Adams found a mile-long walkway being constructed by PATH between Medlock and Mason Mill parks “illegal” and ordered that the work must stop. Judge Adams also ruled that DeKalb County did not follow its own permitting procedures by allowing the walkway to stray too close to a stream in violation of its own environmental regulations.
UPDATE: Judge Adams has extended the stop work order which will likely delay until next spring while a pending appeal of a previous ruling from Judge Adams that DeKalb County had not followed its own procedures awaits a decision from the Georgia Supreme Court.
Metro- Roundup
Eighty-five percent of the 25,000 homeowners in Rockdale County may be affected by a new sidewalk installation policy approved unanimously Tuesday by the county board of commissioners.
Still a long way to go for the 10 acres proposed for the Alpharetta city center that may include new city hall, commercial space, condominiums, a park and possibly a city library.
Roswell allows Jacob’s Ladder, a small school devoted to teaching autistic and neurodevelopmentally delayed children, will fulfill its conditional zoning and be able to open Monday if it pays $21,388 into escrow or produce a bond to cover future costs to construct a bike path and guardrail.
The Streets of Buckhead will be able to have awnings, canopies or balconies extending over the sidewalks reaching to the curb.
Ott defeats 16-year incumbent Thompson for Cobb County Commission.
