Archive for August, 2008

Georgia Court of Appeals Will Hear Fulton County Superior Court CO2 Decision

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.

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.

Duluth Delays Overlay District Decision

Duluth wants to clean-up Buford Highway and is looking to create overlay zoning districts to remove certain acceptable commercial uses from along Buford Highway and in its downtown.  Types of commercial development that could be disallowed completely are modular home sales, used auto dealerships, auto repair businesses and pawn shops. 

The Duluth City Council delayed a decision this week to incorporate additional changes and to allow review by its legal department.  The proposed zoning changes will come back to the council on its September 8 meeting.

An August 11 version of the proposed overlay district proposals can be found here.  The proposed overlay districts are a part of a larger Buford Highway Corridor Development Strategy that includes a development of a 2030 Comprehensive Plan, creation of a Tax Allocation District (TAD), a Pilot Bond Program, a Citywide branding campaign, and hiring of a full-time Economic Development Manager.

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.