Professional Documents
Culture Documents
F) CONSENT AGENDA
G) PRESENTATIONS
3. Proclamation for FBLA Week – North Springs HS Future Business Leaders of America
PAGE 1 OF 1
H) PUBLIC HEARINGS
Rezonings
Ordinances
PAGE 2 OF 2
This Settlement Agreement (“Agreement”) is entered into this day of January, 2010,
by and between City Walk Towers, LLC (“City Walk”) and the City of Sandy Springs, Georgia
(“City”).
RECITATIONS
WHEREAS, City Walk is the owner of property located at 6024 and 6038 Roswell Road
WHEREAS, development rights on the property are currently the subject of litigation
styled City Walk Towers, LLC v. City of Sandy Springs, Georgia, Civil Action File No.
2006CV119448, in the Superior Court of Fulton County, Georgia (the “Lawsuit”); and
WHEREAS, the City reconsidered the status of the Property and on December 15, 2009
WHEREAS, the parties to this Agreement wish to settle and compromise the Lawsuit in
its entirety and confirm various agreements of the City with respect to the Property and its
development.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Permits. The City will recognize the land disturbance (LP-04-225; the “LDP” and
building (B05-03910; the “Building Permit”) permits issued by Fulton County as valid and
subsisting for development of the Property and will allow amendment of such permits with plans
2684673 v04
7. Time of the Essence. The parties agree that time is of the essence of this
Agreement.
8. Successors, Successor-in-Title and Assigns. The terms of this Agreement shall (i)
be binding upon and fully enforceable against the successors and assigns of all parties to this
Agreement and (ii) shall inure to the benefit of and be enforceable by the successors, successors-
10. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and may only be modified by a writing signed by
11. Agreement Review. Each party warrants and represents that it has had the
opportunity to review with Agreement with legal counsel, it has carefully read this Agreement,
noted its contents, fully understands the implications of this Agreement, and it has signed this
12. Construction of Agreement. Each party represents that it has participated in the
review and drafting of this Agreement and that the provisions of this Agreement shall not be
and warrant that this Agreement and its execution has been duly authorized by all necessary
actions whatsoever on the part of each party to this Agreement, and that they are duly authorized
and empowered to execute this Agreement and to bind the respective parties they represent.
EXHIBIT A
Page 6 of 8
EXHIBIT A
Mark-up
Churches $50
Fences (value per linear foot)
3’ to 7’ in height $1
BUILDING Over 7’ in height $2
VALUATION Fire Stations, Police Stations $50
Hospitals $85
Jails $70
Libraries $53
Page 4 of 8
EXHIBIT A
Mark-up
Page 6 of 8
EXHIBIT A
Mark-up
LDP $125
Fees for Development Permits
Valuation Fee
$1 to $5,000 $300
$300 for the first $5,000 and $150 for
$5,001 to $20,000 each additional $1,000, or fraction
thereof
$2,250 for the first $20,000 and $100
LAND $20,001 to $100,000 for each additional $1,000, or fraction
Formatted Table
DEVELOPMENT thereof
$10,550 for the first $100,000 and $50
$100,001 to $250,000 for each additional $1,000, or fraction
thereof
$18,050 for the first $250,000 and $25
$250,001 to $500,000 for each additional $1,000, or fraction
thereof
$24,300 for the first $500,000 and $15
$500,001 to $1,000,000 for each additional $1,000, or fraction
thereof
$31,800 for the first $1,000,000 and $10
$1,000,001 and up for each additional $1,000, or fraction
thereof
Administrative Fee $25
Application Fee $200
$0.2663 per foot of wire or cable
UTILITY (including existing pipe), pipe, or
Permit Inspection Fee
ENGINEERING miscellaneous installed – (minimum
PERMIT FEE fee $50.00)
Water and Sewer
(in right-of-way or on public $425
property/easement)
Deleted: Page Break
Deleted: ¶
Page 8 of 8
EXHIBIT A
Mark-up
Fee
$50 per sign permit*
TEMPORARY SIGN
PERMIT *Religious organizations and nonprofits designated by the IRS as having
501(c)(3) status, and neighborhood associations shall be exempt from fees for
temporary sign permits.
Fee
$100 per special event permit*
SPECIAL EVENT
PERMIT *Religious organizations and nonprofits designated by the IRS as having
501(c)(3) status, and neighborhood associations shall be exempt from fees for
special event permits.
WEEKEND Fee
DIRECTIONAL
There shall be no fee assessed for the issuance of these permits.
SIGN PERMIT
Page 2 of 3
Future Business Leaders of America
Proclamation
North Springs Charter High School
WHEREAS, Future Business Leaders of America-Phi Beta Lambda is a non-profit educational organization whose first
chapter was established in Johnson City, Tennessee, in 1942; and
WHEREAS, this organization has grown now to encompass over 250,000 members nationwide in high schools, colleges,
universities, career and technical schools, and private business schools; and
WHEREAS, FBLA-PBL is a professional business organization dedicated to bringing business and education together in a
positive working relationship through innovative leadership and career development programs; and
WHEREAS, members perform community service activities and strive to build a student's understanding of the realities of the
modern business world; and
WHEREAS, FBLA teaches high school students basic business and leadership principles, and PBL helps university, college,
technical and business school students to make the transition from school to work;
NOW, THEREFORE, I, Eva Galambos, Mayor of the City of Sandy Springs, do hereby proclaim February 15th-19th 2010, as
NATIONAL FBLA-PBL WEEK in the City of Sandy Springs.
Eva Galambos
Mayor
Yardian Angels
D112005003OMI
RZ09-008/U09-008
CONCLUSION TO FINDINGS
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.
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 16 of 19
RZ09-008/U09-008
d. The owner/developer shall dedicate fifty-five (55) feet of right-of-way from centerline of
Mount Vernon Highway 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.
e. The owner/developer shall upgrade the deceleration lane to the permitted access point on
Mount Vernon Highway to City of Sandy Springs Driveway Manual standards at time of
building permit for the future 4-story self storage building addition as shown on the site
plan received by the Department of Community Development on November 2, 2009.
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 18 of 19
Rezoning Petition No. RZ09-009/CV09-018
The current conditions of zoning limit the use to a four (4) bedroom Bed & Breakfast. The applicant is requesting
to rezone the subject property from O-I (Office and Institutional District) conditional to O-I (Office and
Institutional District) conditional to allow for a Place of Worship, having accessory uses, and to allow for a
boarding house, all to operate within an existing 7,430 square foot building. The accessory retail use would only
be for the sale of religious item related to the proposed place of worship, and the boarding house portion of the
building would include eight (8) bedrooms.
1. 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,
2. Variance from Section 4.23.2 of the Zoning Ordinance to eliminate the requirement to provide minimum
ten (10) foot wide landscape islands at the end of each parking bay, and a ten (10) foot wide landscape
island every sixth (6th) space for all new parking lots,
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 1 of 21
RZ09-009
January 21, 2010 Hearing: Recommendation for approval subject to staff conditions amended as follows: The
owner shall be required to obtain a Special Event Permit from the City on occasions where the necessary
parking will or is expected to exceed the required 41 parking spaces, and no more than 5 Special Event Permits
shall be issued to the owner per calendar year. Further amended to limit any monument/free standing sign
to no more than a total of 32 square feet and limit the lighting to external. Approved (4-1, Thatcher, Boyken,
Pond, and Rubenstein for; Rupnow against; Duncan not voting; Maziar absent).
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 3 of 21
To: Honorable Mayor and City Council Members
Date: February 5, 2010 for Submission on February 16, 2010 Mayor and City Council Meeting
Agenda Item: An Ordinance to amend Chapter 109-222(c)(8) of the Code of the City of Sandy
Springs to define and standardize exemptions to the City of Sandy Springs
Stream Buffer Protection Ordinance related to Minor Land Disturbing Activities.
**Discussion of proposed language regarding the administrative review of
Capital Improvement Projects has been removed from the agenda pending
further discussion by Mayor and City Council.
As per O.C.G.A. 12-7-17(3), minor land disturbing activities are exempt from the Georgia
Erosion and Sedimentation Act: “Such minor land disturbing activities as home gardens and
individual home landscaping, repairs, maintenance work, fences, and other related activities
which result in minor soil erosion”.
The following land disturbing activities are examples of activities not specifically listed in
O.C.G.A. 12-7-17(3), but recognized as such by the Department of Natural Resources –
Environmental Protection Division for state mandated stream buffers:
These revisions will adopt standards and definitions for Minor Land Disturbing activities as
defined by the Georgia Sedimentation Control Act, O.C.G.A. 12-7-17-(3) and exempt them from
requirements of the City of Sandy Springs Stream Buffer Protection Ordinance.
proposed prices shall be considered confidential and proprietary.
Notwithstanding the foregoing, Offeror is hereby notified that any and all materials submitted in
response to this RFQ are subject to the provisions of Georgia’s Open Records Act (O.C.G.A. §
50-18-70 et seq.). City of Sandy Springs receipt, review, evaluation or any other act concerning
any such information shall not create an acceptance by City of Sandy Springs of any obligation
or duty to prevent the disclosure of any such information except as required by the Open Records
Act. Offerors who submit information they believe should be exempt from disclosure under the
Open Records Act shall clearly mark each document as confidential, proprietary or exempt, and
state the legal basis for the exemption with supporting citations to the Georgia Code. Pursuant to
Georgia Law, if the information is requested under the Open Records Act, City of Sandy Springs
shall make a final determination if any exemption actually exists for City of Sandy Springs to
deny the request and prevent disclosure. City of Sandy Springs will withhold such information
from public disclosure under the Open Records Act only if City of Sandy Springs determines, in
its sole discretion, that there is a legal basis to do so.
City of Sandy Springs reserves the right to: (a) waive minor irregularities or variances, non
material bid formalities or defects in any proposal; (b) reject any and all proposals, in whole or in
part, submitted in response to this RFQ; (c) request clarifications from all Offerors; (d) request
resubmissions from all Offerors; (e) make partial, progressive or multiple awards; and (f) take
any other action as permitted by law and/or the City of Sandy Springs Ordinance. City of Sandy
Springs reserves the right to withdraw or cancel this RFQ without prior notice, at any time, at its
sole discretion.
2.1 Introduction
The City of Sandy Springs has established certain requirements with respect to proposals to be
submitted by offerors.
Whenever the terms "shall", "must", "will", or "is required" are used in the RFQ, the
specification being referred to is a mandatory requirement of this RFQ. Failure to meet any
mandatory requirement will cause rejection of offeror's proposal.
Whenever the terms "can", "may", or "should" are used in the RFQ, the specification being
referred to is a desirable and failure to provide any items so termed may not be cause for
rejection, however, will probably cause a reduction in score awarded.
The overall objective of this Request for Qualifications is to obtain professional services for the
City of Sandy Springs Project Management & Construction Management Services.
* Maintain construction records and documentation on all projects
* Assist with Streets, Sidewalks, Paving and all other field related construction projects.
In response to the “Project Scope” section of your proposal, provide the following information:
Description of Firm's Experience with Similar Projects within the past 5 years: The size
and overall experience of the offeror with large organizations should be described.
Capabilities and experience in applying technology should be included. Also, experience
with other governmental entities should be described with five (5) current references
provided.
Description of approach which will fully address the requirements of this RFQ.
Proposed Organization and Staffing for the Project and Staff's Qualifications: The
following should be addressed:
Each offeror MUST present a fixed cost proposal for the work to be performed. Such cost
proposal should be all inclusive, no exceptions. Use the Cost Proposal at Appendix C.
Supplemental Cost Data is neither required nor desired.
2.6.5 Review of Qualifications
All Qualifications received will be reviewed by the Purchasing Manager to ensure that all
administrative requirements of the RFQ package have been met by the offerors Failure to meet
these requirements may be cause for rejection of a Qualification. All technical Qualifications
that meet the administrative requirements will then be turned over to the technical evaluation
team members for further evaluation.
The Evaluation Committee with the assistance of the purchasing staff will conduct the evaluation
process. Additionally, the Committee may, in its sole discretion and in the course of its
evaluation, arrange a site visit or request presentations/demonstrations with one or more selected
offerors.
First Phase: The offeror’s will be evaluated based on the above criteria (2.6.4). The City will
short list to the three (3) top scoring offerors.
Second Phase: The shortlisted experienced offerors will be invited to provide a presentation of
their expertise in Project Management/Construction Management.
3.0 Indemnification
The Contractor agrees to indemnify, hold harmless and defend the City from and against any and
all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses
(including attorney’s fees) rising out of any act or omission of the Contractor, its agents,
subcontractors or employees in the performance of this Contract.
4.0 Insurance
The Contractor shall, at its own cost and expense, obtain and maintain worker’s compensation
and commercial general liability insurance coverage covering the period of this Agreement, such
insurance to be obtained from a responsible insurance company legally licensed and authorized
to transact business in the State of Georgia. The minimum limit for Worker’s Compensation
Insurance shall be the statutory limit for such insurance. The minimum limits for commercial
general liability insurance, which must include personal liability coverage will be $1,000,000 per
person and $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for
property damage.
5.0 Termination
5.1 Any other provisions of this agreement notwithstanding, each party has the right to
terminate this Agreement if the other party breaches or is in default of any obligation hereunder
which default or breach is incapable of cure or which, being capable of cure, has not been cured
within thirty (30) days after receipt of written notice of such default (or such additional cure
period as the non-defaulting party may authorize). In addition, if at any time after
commencement of the Services, the City of Sandy Springs shall, in its sole reasonable judgment,
determine that such Services are inadequate, unsatisfactory, no longer needed, or substantially
not conforming to the descriptions, warranties, or representations contained herein, the City may
terminate this Agreement upon thirty (30) days written notice to the Contractor.
5.2 The City of Sandy Springs may terminate the agreement immediately without prejudice
to any other right of action or remedy if the Contractor:
5.2.1 Becomes insolvent, makes a general assignment for the benefit of creditors, files a
voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business
or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law,
whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. In the
event that any of the above events occur, the Contractor shall immediately notify the City of
Sandy Springs of each occurrence.
ADDENDUM NUMBER 1
I hereby acknowledge receipt of Addendum 1 and have incorporated the changes into my
bid response for the abovementioned bid.
1
14. Question:
In Section 2.6.4, Evaluation Criteria and Process, it is noted that the Cost Proposal is 50 percent of the
evaluation score. How will different proposed costs be ranked against each other? Does the lowest fee get
all the points for that or are all fees scored using a value proportion formula?
Answer: The lowest cost proposal will receive the maximum points with subsequent proposals
receiving a proportionate value based on their cost proposal.
15. Question:
In Section 2.6.4, Evaluation Criteria and Process, does a proponent have to achieve a minimum
qualifying score on the qualifications section before they qualify to have their price considered or do the
top three qualifications submissions get their price considered regardless of their technical score?
16. Question:
In Section 2.6.6, Evaluation Committee, who will serve on the evaluation committee?
17. Question:
In Section 2.6.7, Evaluation Scoring, Second Phase presentations, will the presentations be scored? If so,
what is the “points” value of this part of the process?
Answer: The City will determine the evaluation scoring methodology for the presentation and point
structure relating to each step of the evaluation process. It is the City’s intent to validate the
proposing party’s understanding of the scope of work and have the opportunity to meet the
proposed staff. Following the presentations, if any or all shortlisted firms are deemed qualified the
finalists will have their cost proposals opened and the City will award to the lowest most responsive,
responsible proposer.
18. Question:
In Appendix C, Cost Proposal, the hourly rate quote listed does not correspond with the staffing
requirements noted in Section 2.4.1, Project Scope. Please clarify.
Answer: The request is for an hourly cost proposal for existing proposed and future city projects in
the contract period as outlined under Section 2.5.
Comments: It is the intent of the City of Sandy Springs to contract with a firm that can
provide qualified and experienced staff, preferably professional engineers with over five
(5) years experience, with the firm having provided extensive management assistance with
similar projects. Our interest would be to contract with a firm that can provide minimum
two (2) or more employees that have experience with providing project and construction
management for the type of projects listed on the Capital Projects listing. The budget range
shall be determined based upon the time required to effectively provide the project and
construction management services required by the City.
4
Future Business Leaders of America
Proclamation
North Springs Charter High School
WHEREAS, Future Business Leaders of America-Phi Beta Lambda is a non-profit educational organization whose first
chapter was established in Johnson City, Tennessee, in 1942; and
WHEREAS, this organization has grown now to encompass over 250,000 members nationwide in high schools, colleges,
universities, career and technical schools, and private business schools; and
WHEREAS, FBLA-PBL is a professional business organization dedicated to bringing business and education together in a
positive working relationship through innovative leadership and career development programs; and
WHEREAS, members perform community service activities and strive to build a student's understanding of the realities of the
modern business world; and
WHEREAS, FBLA teaches high school students basic business and leadership principles, and PBL helps university, college,
technical and business school students to make the transition from school to work;
NOW, THEREFORE, I, Eva Galambos, Mayor of the City of Sandy Springs, do hereby proclaim February 15th-19th 2010, as
NATIONAL FBLA-PBL WEEK in the City of Sandy Springs.
Eva Galambos
Mayor
Certificate of Appreciation
Yardian Angels
D112005003OMI
Yardian Angels
D112005003OMI
To: John F. McDonough, City Manager
Date: January 22, 2010 for Submission onto the February 16, 2010 City Council
Meeting
Agenda Item: 11469- Approval of Alcoholic Beverage License Application for Royal Package
Store at 5325 Roswell Rd Sandy Springs, GA 30342. Applicant is Arunchandra
Desai for Retail Package Wine, Malt Beverage and Distilled Spirits.
Background:
Applicant submitted a completed application on December 21, 2009. Required advertising for
the application will be accomplished in the legal organ of the City on February 5th and February
12th. Applicant has passed the background investigation. This applicant did not apply for a
Temporary Alcoholic Beverage License.
Discussion:
New Application
Staff has reviewed this application and recommends approval.
Alternatives:
None
Financial Impact:
Revenue - $5,130.00
Concurrent Review:
Wayne Wright, Director of Operations
To: John F. McDonough, City Manager
Date: January 27, 2010 for Submission onto the February 16, 2010 City Council
Meeting
Agenda Item: 10880- Approval of Alcoholic Beverage License Application for Figo Pasta at
1140 Hammond Dr, Bldg K, Suite G, Sandy Springs, GA 30328. Applicant is
Sandro Romagnoli for Consumption on Premises of Wine, Malt Beverage &
Distilled Spirits.
Background:
Applicant submitted a completed application on December 17, 2009. Required advertising for
the application will be accomplished in the legal organ of the City on February 5th and February
12th, applicant has passed the background investigation. This applicant has applied for and
received their Temporary Alcoholic Beverage License on January 22, 2010
Discussion:
New Application
Staff has reviewed this application and recommends approval.
Alternatives:
None
Financial Impact:
Revenue - $3,130.00
Concurrent Review:
Wayne Wright, Director of Administrative Services
Rezoning Petition No. RZ09-008/U09-008/CV09-017
The applicant is requesting to rezone the subject property from C-1 (Community Business District) conditional to C-1
(Community Business District) conditional to expand the use of an existing self-storage facility to include retail and
service commercial. It is currently developed with a 148,800 square foot self-storage facility and is approved for
an additional 69,669 square feet of building area in addition to the square footage constructed. Of either the
aforementioned existing 148, 800 square feet or the future total square footage of 218,469, the applicant is
proposing to dedicate a total of 5,000 square feet to retail and service commercial uses.
The applicant is also requesting a use permit to maintain the existing self-storage facility (Article 19.4.41(1), Self
Storage/MULTI).
1. Variance from Section 4.23.1 of the Zoning Ordinance to delete the required 10 foot landscape strip adjacent to
property zoned MIX (Mixed Use District) along the west and south property lines,
2. Variance from Section 33.6.8 of the Zoning Ordinance to reduce the required 10 foot sign setback from the
right-of-way to 0 feet to allow for the placement of the two (2) proposed identification monument signs in the
landscape strips along Peachtree-Dunwoody Road and Mount Vernon Highway, and
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 1 of 19
RZ09-008/U09-008
3. Variance from Section 18.2.1 of the Zoning Ordinance to reduce the required off-street parking for Mini-
warehouses and Retail uses from forty-seven (47) spaces to twenty-one (21) spaces.
January 21, 2010 Hearing: Recommendation for approval subject to staff conditions amended to prohibit the
following uses: Indoor Amusements, Art Galleries, Clinics, Financial Establishments, Health Club/Spa,
Laundromats, Laundry & Dry Cleaning Shops, Libraries, Communication Services, Museums, Offices,
Personal Services (including barber/beauty), Pet Grooming (no overnight stay), Convenience Printing Shops,
Repair Shops not involving manufacturing on site, Research Laboratories, Collecting Recycling Centers, and
Convenience Stores. Further amended to limit the access to the proposed retail and service commercial uses to
the existing main entrance(s). Approved (5-0, Thatcher, Boyken, Rupnow, Pond, and Rubenstein for; Duncan
not voting; Maziar absent).
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 2 of 19
RZ09-008/U09-008
Location Map
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 3 of 19
RZ09-008/U09-008
BACKGROUND
The site is located at the southwest corner of Peachtree-Dunwoody Road and Mount Vernon Highway. The
property is zoned C-1 (Community Business District) conditional under RZ06-037/U06-005/CV06-021 and
is currently developed with a 148,800 square foot self-storage facility and is approved for an additional
69,669 square feet of building area in addition to the square footage constructed.
Density
Requested Land Area (Square
SUBJECT Proposed Use Square Footage
Zoning (Acres) Footage per
PETITION
Acre)
RZ09-008/U09-
Self-storage facility to
008/CV09-017
C-1 include retail and 1.51 218,469 144,681
service commercial
Location in
Density
relation to Land Area
Zoning Use Square Feet (Square Feet
subject (Acres)
Per Acre)
property
O-I,
North conditional Vacant 10.94 --- ---
Z00-0024
6400 Peachtree-
MIX,
South and Dunwoody Road -
conditional 11.00 251,600 22,873
West Home Depot/Costco
Z96-0032
shopping center
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 4 of 19
RZ09-008/U09-008
Zoning Map
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 5 of 19
RZ09-008/U09-008
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 6 of 19
RZ09-008/U09-008
East of the Subject Property (Offices) South of the Subject Property (Home Depot)
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 7 of 19
RZ09-008/U09-008
Sign
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 8 of 19
RZ09-008/U09-008
The site plan provides for parking along the property frontages between the proposed building and
the streetscape to be installed. The site plan also depicts a loading area at the northwest end of the
building. The plan also indicates a right in/right out access from Mount Vernon Highway only.
The subject property has existing streetscape required under the standards of the Perimeter Center
Improvement District (PCID).
The Environmental Site Analysis Report is sufficient and satisfies the requirements of the Sandy
Springs Zoning Ordinance. The site does not contain any known wetlands, streams, sensitive plants
and/or animal species, or archaeological/historical sites. The site is not located within any
floodplains. There are some steep slopes on the site. The report, in its entirety, is within the case
file as a matter of record.
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 9 of 19
RZ09-008/U09-008
DEPARTMENT COMMENTS
The staff held a Focus Meeting on December 2, 2009 at which the following departmental comments
were provided:
Sandy Springs Assistant
Director of Building and No comments
BUILDING AND
DEVELOPMENT
Permitting
DIVISION
Sandy Springs
Development Plan Review No comments
Engineer
Any of the newly planted trees that will are to be
Sandy Springs
removed will need to be planted on the site or funds put
Landscape
into the tree fund to the canopy requirements and/or
Architect/Arborist
canopy mitigation requirements.
Fire department access windows shall comply with 120-
3-3 modifications to IFC 504.1.1 Access Doors (as further
amended). For fire fighting purposes, there shall be at
least one access door in each 100 linear feet (30.5 m) or
major fraction thereof of the exterior walls which face the
access roadways required by Section 503, unless
otherwise required in this code section. In exterior walls
designed with continuous rolling dock doors, which face
FIRE DEPT.
The staff has not received any additional comments from the Fulton County Emergency Services
Department or from the Fulton County Board of Education.
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
DT 1.25.10 Page 10 of 19
RZ09-008/U09-008
PUBLIC INVOLVEMENT
Required Meetings
The applicant attended the following required meetings:
− Community Zoning Information Meeting held November 24, 2009 at the Sandy Springs City
Hall
− Community/Developer Resolution Meeting held December 16, 2009 at the Sandy Springs City
Hall
Public Comments
There has been no opposition expressed by the public with regard to the petition.
Notice Requirements
The petition was advertised in the Daily Report on January 14, 2010 and January 28, 2010. The
applicant posted a sign issued by the Department of Community Development along the frontage of
Mount Vernon Highway and Peachtree-Dunwoody Road on December 11, 2009.
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 facility use is appropriate in view of the
density and use of the surrounding developments.
B. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby
property.
Finding: The proposal is not expected to adversely affect the existing use or usability of adjacent
commercial and office properties.
C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently
zoned.
Finding: The staff is of the opinion that the 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 anticipates that the proposal will have no significant impact on the existing
infrastructure.
E. Whether the zoning proposal is in conformity with the policies and intent of the land use plan.
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Finding: The staff is of the opinion that the owner/developer’s proposal for a storage facility
having ancillary retail and service commercial uses is in conformity with the
Comprehensive Plan or 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 applicant is proposing to develop the facility site at a density of
144,681.45 square feet per acre. The proposal, however, does not include a residential
component. The LWR land use designation recommends a height limit of 8 stories,
which the proposal does not exceed.
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.
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 zoning proposal will not permit a use which can be
considered environmentally adverse to the natural resources, environment and citizens
of Sandy Springs.
USE PERMITS
The applicant is requesting a use permit to allow for a self-storage facility (Article 19.4.41(1), Self
Storage/MULTI).
Per Article 19.2.4, Use Permit Considerations, the City Council shall consider each of the following:
A. Whether the proposed use is consistent with the Comprehensive Land Use Plan and/or Economic
Development Revitalization plans adopted by the City Council;
Finding: The staff is of the opinion that the proposal is 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 applicant is proposing to
develop the commercial site at a density of 144,681.45 square feet per acre. However,
the proposal does not include a residential component. Additionally, the LWR land
use designation recommends a height limit of 8 stories, which the proposal does not
exceed.
B. Compatibility with land uses and zoning districts in the vicinity of the property for which the Use Permit is
proposed;
Finding: The staff is of the opinion that the proposal is compatible with the land uses and
zoning districts in the vicinity of the property. The property is located in the Perimeter
Center Improvement District (PCID), which is the location of several office buildings,
commercial properties, and residential uses that could be expected to be attracted to
the facility.
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C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations
governing land development;
Finding: The staff is of the opinion that the proposed use would not violate any local, state,
and/or federal statutes, ordinances, or regulations.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;
Finding: The staff is of the opinion that the proposal will not have an adverse impact on
vehicular and pedestrian traffic flow along the property frontages. The applicant has
provided for right in/right out access only the site and has also provided the required
streetscape, which includes sidewalks.
Finding: The applicant is requesting a variance to allow less than the required parking spaces;
however, the facility has operated with the existing parking without problems, and the
retail use would be accessory to the storage use.
Finding: The applicant is not proposing any open space for the site. The applicant has provided
streetscape consistent with the PCID standards. The site plan provided by the
applicant indicates future landscaping to be 17, 757 square feet or 27%, which meets
the 20% policy standard.
G. Protective screening;
Finding: The applicant has not provided for any additional screening outside the streetscape
required.
Finding: The applicant has stated that the facility’s office will operate from 9 a.m. to 6 p.m.,
Monday through Saturday, and 1 p.m. to 5 p.m. on Sunday.
Finding: The applicant has stated that the lighting for the parking lot will continue to be down-
lit and that there will continue to be accent lighting around the facility.
Finding: The applicant provides one curb cut for the site from Mount Vernon Highway. The
access point is right in/right out only.
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CONCURRENT VARIANCES
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.
1. Variance from Section 4.23.1 of the Zoning Ordinance to delete the required 10 foot
landscape strip adjacent to property zoned MIX (Mixed Use District) along the west and
south property lines.
The applicant has indicated this variance will not result in any harm to the health and safety
of the 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.
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 because the public the deletion of the 10 foot landscape
strip required between the Dunwoody Storage property and the Home Depot property will not
adversely affect the surrounding area due to its inconspicuous location. Therefore, based on these
reasons, the staff recommends APPROVAL of the variance to delete the required 10 foot landscape
strip adjacent to property zoned MIX (Mixed Use District) along the west and south property lines.
2. Variance from Section 33.6.8 of the Zoning Ordinance to reduce the required 10 foot sign
setback from the right-of-way to 0 feet to allow for the placement of the two (2) proposed
identification monument signs in the landscape strips along Peachtree-Dunwoody Road and
Mount Vernon Highway.
The applicant has indicated this variance will not result in any harm to the health and safety
of the 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.
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 location of the two (2) proposed
monument signs in the landscape strips will not have a negative impact as the landscape strips are
located outside of the public right-of-way. Therefore, based on these reasons, the staff recommends
APPROVAL of the variance to reduce the required 10 foot sign setback from the right-of-way to 0 feet
to allow for the placement of the two (2) proposed identification monument signs in the landscape
strips along Peachtree-Dunwoody Road and Mount Vernon Highway.
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3. Variance from Section 18.2.1 of the Zoning Ordinance to reduce the required off-street
parking for Mini-warehouses and Retail uses from forty-seven (47) spaces to twenty-one (21)
spaces.
The applicant has indicated this variance will not result in any harm to the health and safety
of the 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.
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 reduction in the required off-street
parking will not have a negative impact as the facility has operated with the existing parking without
problems, and the retail use would be accessory to the storage use. Therefore, based on these reasons,
the staff recommends APPROVAL of the variance to reduce the required off-street parking for Mini-
warehouses and Retail uses from forty-seven (47) spaces to twenty-one (21) spaces.
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
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CONCLUSION TO FINDINGS
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.
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The Staff recommends APPROVAL CONDITIONAL of the rezoning from C-1 (Community
Business District) conditional to C-1 (Community Business District) subject to the following
conditions, use permit (U09-008), and concurrent variances (CV09-017). Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically 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 a 218,469 square foot storage facility with no more than 5,000 square feet of retail and
service commercial uses within a single structure developed at a total density of 144,681.45
square feet per acre (U09-008).
b. To prohibit the following uses: Indoor Amusements, Art Galleries, Clinics, Financial
Establishments, Health Club/Spa, Laundromats, Laundry & Dry Cleaning Shops, Libraries,
Communication Services, Museums, Offices, Personal Services (including barber/beauty),
Pet Grooming (no overnight stay), Convenience Printing Shops, Repair Shops not involving
manufacturing on site, Research Laboratories, Collecting Recycling Centers, and
Convenience Stores.
c. To limit the access to the proposed retail and service commercial uses to the existing main
entrance(s).
a. Delete the required 10 foot landscape strip adjacent to property zoned MIX (Mixed Use
District) along the west and south property lines (CV09-017).
b. To reduce the required 10 foot sign setback from the right-of-way to 0 feet to allow for the
placement of the two (2) proposed identification monument signs in the landscape strips
along Peachtree-Dunwoody Road and Mount Vernon Highway (CV09-017).
c. To reduce the required off-street parking for Mini-warehouses and Retail uses from forty-
seven (47) spaces to twenty-one (21) spaces (CV09-017).
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d. The owner/developer shall dedicate fifty-five (55) feet of right-of-way from centerline of
Mount Vernon Highway 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.
e. The owner/developer shall upgrade the deceleration lane to the permitted access point on
Mount Vernon Highway to City of Sandy Springs Driveway Manual standards at time of
building permit for the future 4-story self storage building addition as shown on the site
plan received by the Department of Community Development on November 2, 2009.
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Attachments
Prepared by the City of Sandy Springs Department of Community Development for the Mayor and City Council Hearing on February 16, 2010
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Rezoning Petition No. RZ09-009/CV09-018
The current conditions of zoning limit the use to a four (4) bedroom Bed & Breakfast. The applicant is requesting
to rezone the subject property from O-I (Office and Institutional District) conditional to O-I (Office and
Institutional District) conditional to allow for a Place of Worship, having accessory uses, and to allow for a
boarding house, all to operate within an existing 7,430 square foot building. The accessory retail use would only
be for the sale of religious item related to the proposed place of worship, and the boarding house portion of the
building would include eight (8) bedrooms.
1. 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,
2. Variance from Section 4.23.2 of the Zoning Ordinance to eliminate the requirement to provide minimum
ten (10) foot wide landscape islands at the end of each parking bay, and a ten (10) foot wide landscape
island every sixth (6th) space for all new parking lots,
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RZ09-009
3. Variance from Section 4.23.1.B of the Zoning Ordinance to reduce the required twenty-five (25) foot
zoning buffer and ten (10) foot improvement setback to a minimum of seven (7) feet from the east side
property lines to allow for existing building, gravel drive, walkways, and porch,
4. Variance from Section 4.23.1.B of the Zoning Ordinance to reduce the required fifty (50) foot zoning buffer
and ten (10) foot improvement setback to a minimum of two (2) feet from the western rear property line to
allow for existing building, rear patio, gravel drive & parking spaces, and wall. And to allow for proposed
retaining walls & a proposed ADA accessible/compliant path.
5. Variance from Section 12B(1) of the Zoning Ordinance to reduce the required PCID streetscape
improvements for rights-of-way designated as a “Street” (Peachtree Dunwoody Court) and as an
“Avenue” (Peachtree Dunwoody Road),
6. Variance from Section 18.3.1.E of the Zoning Ordinance to reduce the required twenty-five (25) foot
spacing of parking (new) from any property of a single-family use to two (2) feet from the western rear
property line,
7. Variance from Section 18.3.1.E of the Zoning Ordinance to allow parking (new) located within a required
setback for the side corner yard,
8. Variance from Section 11.6 of the Development Regulation Ordinance regarding the minimum right-of-
way standards to allow a dedication, from the street centerline of Peachtree Dunwoody Road, less than
forty-five (45) feet, and
9. Variance from Section 11.6 of the Development Regulation Ordinance regarding the minimum right-of-
way standards to allow a dedication, from the street centerline of Peachtree Dunwoody Court, less than
thirty (30) feet.
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 2 of 21
RZ09-009
January 21, 2010 Hearing: Recommendation for approval subject to staff conditions amended as follows: The
owner shall be required to obtain a Special Event Permit from the City on occasions where the necessary
parking will or is expected to exceed the required 41 parking spaces, and no more than 5 Special Event Permits
shall be issued to the owner per calendar year. Further amended to limit any monument/free standing sign
to no more than a total of 32 square feet and limit the lighting to external. Approved (4-1, Thatcher, Boyken,
Pond, and Rubenstein for; Rupnow against; Duncan not voting; Maziar absent).
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
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Location Map
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RZ09-009
BACKGROUND
The site is located at the northwest corner of the intersection of Peachtree-Dunwoody Road and
Peachtree-Dunwoody Court, approximately 3,300 feet north of the intersection with Abernathy Road.
The subject property is zoned O-I (Office and Institutional District) conditional under Z96-096 and is
currently developed with a bed and breakfast. The conditions of Z96-096 include limiting the
aforementioned bed and breakfast to four (4) bedrooms within the existing structure.
EXISTING LAND USE AND ZONING OF ABUTTING PROPERTY
Square
Density
Requested Land Area Footage or
SUBJECT Proposed Use (Square Feet or
Zoning (Acres) Number of
PETITION Units per Acre)
Units
RZ09-009/
CV09-018
O-I Place of Worship 2.01 7,430 sf 3,696.52 sf/acre
Location in Square
Density
relation to Land Area Footage or
Zoning Use (Square Feet or
subject (Acres) Number of
Units Per Acre)
property Units
O-I MARTA – 7010
North conditional Peachtree-Dunwoody 27.70 1,074,760 sf 38,800 sf/acre
Z85-072 Road
O-I 2,007 sf 2,181.52 sf/acre
Northeast conditional Office/Residence 0.92 Or Or
Z98-044 1 unit 1.087 units/acre
Dunwoody Courtyard
A-L
apartments – 6871
East conditional 8.50 240 units 28.23 units/acre
Peachtree-Dunwoody
Z88-159
Road
Dunwoody Place
A-L
apartments – 6850
South conditional 17.81 398 units 22.35 units/acre
Peachtree-Dunwoody
Z97-037
Road
O-I 4,500 sf 3,879.31 sf/acre
West conditional Office/Residence 1.16 Or Or
Z85-074 1 unit 0.862 units/acre
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
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Zoning Map
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
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RZ09-009
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RZ09-009
East of the Subject Property (Dunwoody Courtyards South of the Subject Property (Dunwoody Place Multi-
Multi-family) family)
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
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RZ09-009
Sign
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
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RZ09-009
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
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RZ09-009
DEPARTMENT COMMENTS
The staff held a Focus Meeting on December 2, 2009 at which the following departmental comments were
provided:
The following is a list of some but not all of the upgrades that will
probably be required:
Sandy Springs
Assistant Director of • Fire sprinklers
Building and • Structural work to bring floors up to the required load capacity
Permitting • Reworking of existing stairs and possibly new stairs to meet code
• Electrical upgrades including exit lights, emergency lights, strobes
and smoke detectors.
• Handicap access to all areas
• Reworking of restrooms to meet accessibility code
• Additional exits
• Fire extinguishers
• Reworking doors, door hardware, addition of ramps to provide
accessibility code compliance.
• Approval of the Fulton County Health Department for the kitchen
• Approval of Fulton County Public Works for the grease trap
• Possibly fire barriers or partitions
• A change of occupancy would require compliance with all current
codes
The applicant should be aware that Fulton County Public Works
operates and maintains the sanitary sewer infrastructure in this area,
BUILDING & DEVELOPMENT
Sandy Springs Wellness will act in accordance with their policy in determining if a new
Development Plan septic system can be approved, if an existing septic system can be
Review Engineer modified, or if connection to available sewer will be required.
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RZ09-009
Sandy Springs
There is a feature on the northeast side of the site or just off the site that
Landscape
would require a buffer. Should not impact the proposed work.
Architect/Arborist
The main road shall comply with 120-3-3 revisions to IFC: “503.1.1
Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction as determined by
FIRE DEPT.
the local Fire Chief and/or Fire Code Official of the responding fire
Sandy Springs Fire department or agency. The fire apparatus access road shall comply with
Protection Engineer the requirements of this section and shall extend to within 150 feet (45.7
m) of all portions of the facility or any portion of the exterior wall of the
first story of the building as measured by an approved route around the
exterior of the building or facility.”
Fire department vehicular access shall be maintained at all times along
all public roads and designated fire lanes on a private property.
Right-of-way dedication: 45’ from centerline of Peachtree Dunwoody Rd
TRANSPORTATION
Georgia Department
There are no GDOT projects at the location for petition RZ09-009.
of Transportation
The staff has not received any additional comments from the Fulton County Board of Education.
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PUBLIC INVOLVEMENT
Required Meetings
The applicant attended the following required meetings:
− Community Zoning Information Meeting held November 24, 2009 at the Sandy Springs City Hall
− Community/Developer Resolution Meeting held December 16, 2009 at the Sandy Springs City Hall
• Parking Overflow (The applicant has not utilized the MARTA deduction and has provided the
required amount of parking. See site plan.)
• Curb-cuts and traffic management (The applicant has chosen to utilize only the one existing curb cut
farthest west on the subject property. See Conditions)
• Septic usage (The applicant is currently working with Fulton County Health and Wellness to satisfy
any regulatory issues.)
• Outdoor lighting and noise level (The lighting to be addressed by the applicant)
• Pedestrian connectivity (The applicant has chosen to utilize only the existing curb cut farthest west on
the subject property, and has chosen to utilize the eastern portion of the existing driveway as a
pedestrian pathway. See Conditions)
Notice Requirements
The petition was advertised in the Daily Report on January 14, 2010 and January 28, 2010. The applicant
posted signs issued by the Department of Community Development along the frontages of Peachtree
Dunwoody Road and Peachtree Dunwoody Court on December 11, 2009.
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 Place of Worship is appropriate in view of the
density and use of the surrounding developments.
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 is not expected to adversely affect the existing use or
usability of adjacent commercial and residential properties.
C. Whether the property to be affected by the zoning proposal may have reasonable economic use as currently zoned.
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Finding: The staff is of the opinion that the 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 anticipates that the proposal will have limited impact on the existing infrastructure.
The increase in traffic on Peachtree-Dunwoody Road or Peachtree-Dunwoody Court is not
expected to be significant.
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 owner/developer’s proposal for a Place of Worship, having
accessory uses, and for a Boarding House is in conformity with the Comprehensive Plan or
Future Land Use Map, which designates the property as R12-20 (Residential 12 to 20 units per
acre), Node 11: Peachtree-Dunwoody Road, north of Abernathy. O-I (Office and Institutional)
provides for a residential component, and permits the requested Place of Worship and Boarding
House. Staff notes it is not uncommon for Institutional Uses, such as Places of Worship, to be
within not only commercial developments, but to be part of residential developments as well.
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, to the east, south, and west, consists of
multi-family residences. The adjoining land, to the west and east, consists of lots commercially
zoned having residential structures. Additionally, the adjoining land, to the north, consists of a
parcel commercially zoned having a MARTA facility. The proposal allows for a proper
transition between these areas within Node 11: Peachtree-Dunwoody Road, north of
Abernathy.
The subject property is within a Transit-Oriented Activity Center that envisions character
defining features including a mixture of uses and improvements that would be some
redevelopment and retrofitting.
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.
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 zoning proposal will not permit a use which can be
considered environmentally adverse to the natural resources, environment and citizens of
Sandy Springs.
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RZ09-009
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.
1. 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.
The applicant has indicated this variance will not result in any harm to the health and safety of the
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.
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 significant existing vegetation could be saved by the
proposed parking layout and serves the intent of the required parking lot landscaping. 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 parking lots.
2. Variance from Section 4.23.2 of the Zoning Ordinance to eliminate the requirement to provide
minimum ten (10) foot wide landscape islands at the end of each parking bay, and a ten (10) foot wide
landscape island every sixth (6th) space for all new parking lots.
The applicant has indicated this variance will not result in any harm to the health and safety of the
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.
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 significant existing vegetation could be saved by the
proposed parking layout and serves the intent of the required parking lot landscaping. Therefore, based on these
reasons, the staff recommends APPROVAL of the variance to eliminate the requirement to provide minimum
ten (10) foot wide landscape islands at the end of each parking bay, and a ten (10) foot wide landscape island
every sixth (6th) space for all parking lots.
3. Variance from Section 4.23.1.B of the Zoning Ordinance to reduce the required twenty-five (25) foot
zoning buffer and ten (10) foot improvement setback to a minimum of seven (7) feet from the east side
property lines to allow for existing building, gravel drive, walkways, and porch.
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The applicant has indicated this variance will not result in any harm to the health and safety of the
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.
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 structures are existing and sufficiently buffered.
Therefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the required
twenty-five (25) foot zoning buffer and ten (10) foot improvement setback to a minimum of seven (7) feet from the
east side property lines to allow for existing building, gravel drive, walkways, and porch.
4. Variance from Section 4.23.1.B of the Zoning Ordinance to reduce the required fifty (50) foot zoning
buffer and ten (10) foot improvement setback to a minimum of two (2) feet from the western rear
property line to allow for existing building, gravel drive & parking spaces, and wall. And to allow for
proposed retaining walls & a proposed ADA accessible/compliant path.
The applicant has indicated this variance will not result in any harm to the health and safety of the
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.
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 structures are existing or proposed and sufficiently
buffered. Therefore, based on these reasons, the staff recommends APPROVAL of the variance to reduce the
required fifty (50) foot zoning buffer and ten (10) foot improvement setback to a minimum of two (2) feet from the
western rear property line to allow for existing building, gravel drive & parking spaces, and wall.
5. Variance from Section 12B(1) of the Zoning Ordinance to reduce the required PCID streetscape
improvements for rights-of-way designated as a “Street” (Peachtree Dunwoody Court) and as an
“Avenue” (Peachtree Dunwoody Road).
The applicant has indicated this variance will not result in any harm to the health and safety of the
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.
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 an existing sidewalk along the subject property’s frontage
on Peachtree Dunwoody Road currently serves the immediate area. Any further streetscape improvements in this
area would affect the rootzone of existing trees. Additionally, a sidewalk on the along the south side of Peachtree
Dunwoody Court currently serves that area. Therefore, based on these reasons, the staff recommends
APPROVAL of the variance to reduce the required PCID streetscape improvements for rights-of-way designated
as a “Street” (Peachtree Dunwoody Court) and as an “Avenue” (Peachtree Dunwoody Road).
6. Variance from Section 18.3.1.E of the Zoning Ordinance to reduce the required twenty-five (25) foot
spacing of parking (new) from any property of a single-family use to two (2) feet from the western rear
property line.
The applicant has indicated this variance will not result in any harm to the health and safety of the
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.
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 16 of 21
RZ09-009
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 area to be utilized as parking spaces is currently a
gravel driveway and sufficiently buffered. Therefore, based on these reasons, the staff recommends APPROVAL
of the variance to reduce the required twenty-five (25) foot spacing of parking (new) from any property of a
single-family use to two (2) feet from the western rear property line.
7. Variance from Section 18.3.1.E of the Zoning Ordinance to allow parking (new) located within a
required setback for the side corner yard.
The applicant has indicated this variance will not result in any harm to the health and safety of the
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.
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 area proposed to be utilized as parking spaces is
sufficiently buffered. Therefore, based on these reasons, the staff recommends APPROVAL of the variance to
allow parking (new) located within a required setback for the side corner yard.
8. Variance from Section 11.6 of the Development Regulation Ordinance regarding the minimum right-of-
way standards to allow a dedication, from the street centerline of Peachtree Dunwoody Road, less than
forty-five (45) feet.
9. Variance from Section 11.6 of the Development Regulation Ordinance regarding the minimum right-of-
way standards to allow a dedication, from the street centerline of Peachtree Dunwoody Court, less than
thirty (30) feet.
Due to the dedication of right-of-way, the staff recommends APPROVAL of a variance from the Zoning
Ordinance to reduce the minimum yards and landscape strips (adjacent to Peachtree Dunwoody Court) to the
extent necessary for the existing structures and proposed parking areas, as shown on the recommended Site Plan,
to comply.
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 17 of 21
RZ09-009
CONCLUSION TO FINDINGS
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 7 and approval of a variance from the Zoning Ordinance to reduce the minimum yards
and landscape strips (adjacent to Peachtree Dunwoody Court) to the extent necessary for the existing
structures and proposed parking areas, as shown on the recommended Site Plan, to comply.
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 18 of 21
RZ09-009
1. To the owner’s agreement to restrict the use of the subject property as follows:
b. To a 7,430 square foot building having eight (8) dormitory bedrooms developed at a density of
3,696.52 square feet per acre.
c. The owner shall obtain a Special Event Permit from the City on occasions where the necessary
parking will or is expected to exceed the required 41 parking spaces, and no more than 5 Special
Event Permits shall be issued to the owner per calendar year.
a. To the site plan received by the Department of Community Development on January 11, 2010.
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.
b. To limit any monument/free standing sign to no more than a total of 32 square feet and limit
the lighting to external.
a. 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 (CV09-018).
b. Variance from Section 4.23.2 of the Zoning Ordinance to eliminate the requirement to provide
minimum ten (10) foot wide landscape islands at the end of each parking bay, and a ten (10)
foot wide landscape island every sixth (6th) space for all new parking lots (CV09-018).
c. Variance from Section 4.23.1.B of the Zoning Ordinance to reduce the required twenty-five (25)
foot zoning buffer and ten (10) foot improvement setback to a minimum of seven (7) feet from
the east side property lines to allow for existing building, gravel drive, walkways, and porch
(CV09-018).
d. Variance from Section 4.23.1.B of the Zoning Ordinance to reduce the required fifty (50) foot
zoning buffer and ten (10) foot improvement setback to a minimum of two (2) feet from the
western rear property line to allow for existing building, rear patio, gravel drive & parking
spaces, and wall. And to allow for proposed retaining walls & a proposed ADA
accessible/compliant path (CV09-018).
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 19 of 21
RZ09-009
e. Variance from Section 12B(1) of the Zoning Ordinance to reduce the required PCID streetscape
improvements for rights-of-way designated as a “Street” (Peachtree Dunwoody Court) and as
an “Avenue” (Peachtree Dunwoody Road) (CV09-018).
f. Variance from Section 18.3.1.E of the Zoning Ordinance to reduce the required twenty-five (25)
foot spacing of parking (new) from any property of a single-family use to two (2) feet from the
western rear property line (CV09-018).
g. Variance from Section 18.3.1.E of the Zoning Ordinance to allow parking (new) located within a
required setback for the side corner yard (CV09-018).
h. Variance from the Zoning Ordinance to reduce the minimum yards and landscape strips
(adjacent to Peachtree Dunwoody Court) to the extent necessary for the existing structures and
proposed parking areas, as shown on the recommended Site Plan, to comply (CV09-018).
j. The existing eastern curbcut on Peachtree Dunwoody Court (adjacent to Peachtree Dunwoody
Road) shall be blocked in a manor to eliminate vehicular ingress/egress as determined by the
Director of Public Works. The existing driveway serving the aforementioned curbcut shall be
converted for pedestrian use/connectivity in accordance with the site plan received by the
Department of Community Development on January 11, 2010 and as determined by the
Director of Community Development.
k. The owner/developer shall dedicate thirty (30) feet of right-of-way from centerline of Peachtree
Dunwoody Court 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.
l. The owner/developer shall dedicate forty-five (45) feet of right-of-way from centerline of
Peachtree Dunwoody 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.
m. Reserve for the City of Sandy Springs along the necessary property frontage of the following
roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to
provide for compliance with the Comprehensive Plan. All building setback lines shall be
measured from the dedication but at no time shall a building be allowed inside the area of
reservation. All required landscape strips and buffers shall straddle the reservation line so that
the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the
required landscape strip or buffer shall be located outside the area of reservation. All required
tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer
that lies outside the area of reservation.
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 20 of 21
RZ09-009
Attachments
Prepared by the City of Sandy Springs Department of Community Development for the Planning Commission Hearing on January 21, 2010
DT 1.15.10 Page 21 of 21
To: Honorable Mayor and City Council Members
Date: February 5, 2010 for Submission on February 16, 2010 Mayor and City Council Meeting
Agenda Item: An Ordinance to amend Chapter 109-222(c)(8) of the Code of the City of Sandy
Springs to define and standardize exemptions to the City of Sandy Springs
Stream Buffer Protection Ordinance related to Minor Land Disturbing Activities.
**Discussion of proposed language regarding the administrative review of
Capital Improvement Projects has been removed from the agenda pending
further discussion by Mayor and City Council.
As per O.C.G.A. 12-7-17(3), minor land disturbing activities are exempt from the Georgia
Erosion and Sedimentation Act: “Such minor land disturbing activities as home gardens and
individual home landscaping, repairs, maintenance work, fences, and other related activities
which result in minor soil erosion”.
The following land disturbing activities are examples of activities not specifically listed in
O.C.G.A. 12-7-17(3), but recognized as such by the Department of Natural Resources –
Environmental Protection Division for state mandated stream buffers:
These revisions will adopt standards and definitions for Minor Land Disturbing activities as
defined by the Georgia Sedimentation Control Act, O.C.G.A. 12-7-17-(3) and exempt them from
requirements of the City of Sandy Springs Stream Buffer Protection Ordinance.
Background:
Currently, the requirement for a variance varies greatly between the Stream Buffer Protection
Ordinance found within the Code of the City of Sandy Springs, and state law causing confusion
for applicants who are exempt for minor land disturbing activities in the state undisturbed stream
buffer, but who are required to obtain a variance for the same activity within the city mandated
undisturbed stream buffer, which often occupies the same geographic area.
Discussion:
Standardization of language defining minor land disturbing activities across state and city
ordinances establishes decision making authority and the powers and jurisdiction of decision
makers and administrative bodies.
Alternatives:
Allow conflicting stream buffer regulations to co-exist whereby property owners engaging in
minor land disturbing activity are exempt from state required stream buffers, but are required to
obtain a variance from the City of Sandy Springs to engage in activities such as landscaping or
installation of a fence.
Financial Impact:
No financial impact.
Concurrent Review:
Cecil McLendon, Assistant City Attorney
Attachment:
Mark up of Chapter 109-222(c) (8) of the Code of the City of Sandy Springs
DNR-EPD Minor Land Disturbing Activity Guidelines Letter – September 2009
Sec. 109-222. Applicability.
(a) Generally. This article shall apply to all land development activity on property containing a
stream protection area as defined in section 109-219. These requirements are in addition to, and
do not replace or supersede, any other applicable buffer requirements established under state law
and approval or exemption from these requirements do not constitute approval or exemption
from buffer requirements established under state law or from other applicable local, state or
federal regulations.
(b) Grandfathered provisions. This article shall not apply to the following activities:
(1) Work consisting of the repair or maintenance of any lawful use of land that is zoned and
approved for such use on or before the effective date of the ordinance from which this article is
derived.
(2) Existing development and ongoing land disturbance activities including but not limited to
existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new
development or land disturbance activities on such properties will be subject to all applicable
buffer requirements.
(3) Any land development activity that is under construction, fully approved for development,
scheduled for permit approval or has been submitted for approval as of the effective date of the
ordinance from which this article is derived.
(4) Land development activity that has not been submitted for approval, but that is part of a
larger master development plan, such as for an office park or other phased development that has
been previously approved within two years of the effective date of the ordinance from which this
article is derived.
(c) Exemptions. The following specific activities are exempt from this article. Exemption of
these activities does not constitute an exemption for any other activity proposed on a property.
(1) Activities for the purpose of building one of the following:
a. A stream crossing by a driveway, transportation route or utility line;
b. Public water supply intake or public wastewater outfall structures;
c. Intrusions necessary to provide access to a property;
d. Public access facilities that must be on the water including boat ramps, docks, foot trails
leading directly to the river, fishing platforms and overlooks;
e. Unpaved foot trails and paths;
f. Activities to restore and enhance stream bank stability, vegetation, water quality and/or
aquatic habitat, so long as native vegetation and bioengineering techniques are used.
(2) Public sewer line easements paralleling the creek, except that all easements (permanent and
construction) and land disturbance should be at least 25 feet from the top of the bank. This
includes such impervious cover as is necessary for the operation and maintenance of the utility,
including but not limited to manholes, vents and valve structures. This exemption shall not be
construed as allowing the construction of roads, bike paths or other transportation routes in such
easements, regardless of paving material, except for access for the uses specifically cited in
subsection (c)(1) of this section.
(3) Land development activities within a right-of-way existing at the time this article takes
effect or approved under the terms of this article.
(4) Within an easement of any utility existing at the time this article takes effect or approved
under the terms of this article, land disturbance activities and such impervious cover as is
necessary for the operation and maintenance of the utility, including but not limited to manholes,
vents and valve structures.
(5) Emergency work necessary to preserve life or property. However, when emergency work is
performed under this section, the person performing it shall report such work to the city on the
next business day after commencement of the work. Within ten days thereafter, the person shall
apply for a permit and perform such work within such time period as may be determined by the
city to be reasonably necessary to correct any impairment such emergency work may have
caused to the water conveyance capacity, stability or water quality of the protection area.
(6) Forestry and silviculture activities on land that is zoned for forestry, silvicultural or
agricultural uses and are not incidental to other land development activity. If such activity results
in land disturbance in the buffer that would otherwise be prohibited, then no other land
disturbing activity other than normal forest management practices will be allowed on the entire
property for three years after the end of the activities that intruded on the buffer.
(7) After the effective date of the ordinance from which this article is derived, it shall apply to
new subdividing and platting activities.
(8) Projects defined in O.C.G.A. 12-7-17(3), as minor land disturbing activities that are
exempt from the Georgia Erosion and Sedimentation Act: “Such minor land disturbing
activities as home gardens and individual home landscaping, repairs, maintenance work, fences,
and other related activities which result in minor soil erosion”.
The following land-disturbing activities are examples of projects not specifically listed in
O.C.G.A. 12-7-17(3) that would be considered minor land-disturbing activities and therefore,
exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements
for State waters:
a. No more than 100 square feet of footprint of the elevated structure extends
into or over the buffer, with an exception for structures compliant with the
Americans with Disability Act (ADA);
b. No grading, cutting, filling or similar land-disturbing activities occurring as a
part of the site preparation, construction or subsequent development;
c. The structure is built on posts, concrete blocks and/or similar supports;
d. Permanent protective vegetative cover remains or protective measures (e.g.,
mulch, gravel) are installed within the footprint of the elevated structure to
prevent post-construction soil erosion;
e. A natural canopy is left in sufficient quantity to keep shade on the stream bed;
and
f. No concrete and/or asphalt slabs, pads or foundations constructed or placed as
a part of the site preparation, construction or subsequent development.
5. Placement of rock riprap with the buffer not to exceed 100 square feet on any one
property, provided:
a. The placement of the rip-rap does not result in soil disturbance outside the
placement area; and
The following land-disturbing activities are examples of projects that are NOT
considered minor land disturbing activities and therefore, NOT exempt from the
Georgia Erosion and Sedimentation Control and Sedimentation Act and the applicable
buffer requirements for State Waters:
1. Any land disturbing activity utilizing wheeled or tracked machinery and equipment
resulting in soil erosion within the buffer;
2. Paving with poured or prefab concrete and/or asphalt;
3. Any project or combination of projects occurring within the same calendar year on
the same property resulting in more than 100 square feet of any elevated
structures and/or pervious ground level walkways within or extending into the
buffer;
4. Construction of a barbeque pit on a concrete or asphalt slab or pad within the
buffer;
5. Construction of a ground level patio within the buffer;
6. Construction of a swimming pool within the buffer;
7. Construction of a decorative or structural retaining wall within the buffer;
8. Construction of a new seawall with land disturbing activities occurring within the
buffer; and
9. Backfilling any new seawall construction within the buffer.
(d) Prohibited. Any land development activity within a buffer established hereunder or any
impervious cover within a setback established hereunder is prohibited unless a variance is
granted pursuant to section 109-225(b).
(Ord. No. 2005-12-12, § 4(ch. 14, art. 6, § 4), 12-13-2005)
TO: John McDonough, City Manager
DATE: February 2, 2010, for Submission onto the Agenda of the February 16, 2010, City
Council Meeting
ITEM: Consideration of Approval of a contract to construct the Lake Forest Elementary School
Sidewalks Project Subject to Validation and Approval by the Legal and Finance
Departments
Bids were received on January 12, 2010 for the construction of sidewalks on Lake Forrest Drive.
The results were:
Based upon bids and review of Contractor-provided references, staff recommends award to
Urey Construction. Given the relative complexity of the approximately 600 feet of reinforced
concrete retaining wall associated with this project, Public Works also recommends a
companion geo-technical inspection services (primarily soils) contract be provided to ensure
satisfactory project construction. Those services are estimated not to exceed $50,000 and
would be separately procured.
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 City’s FY 2009 Amended Budget for this project is $750,000. The project for construction
of sidewalks on Lake Forrest Drive was advertised for bids beginning on December 9, 2009. A
pre-bid conference with interested bidders was held on December 15, 2009.
Alternatives:
Financial Impact:
This project has $750,000 available in the City’s FY 2009 Capital Budget.
Attachment:
Resolution
RESOLUTION NO.
STATE OF GEORGIA
COUNTY OF FULTON
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 Department of Public Works, in response to the guidance provided by the City Manager, has
received a bid from Urey Construction for the construction of the Lake Forest Elementary School Sidewalks
Project, Sandy Springs, Fulton County, Georgia, and
WHEREAS, upon adoption of this Resolution, City Sandy Springs Public Works Department staff will
manage all applicable phases of the construction contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SANDY SPRINGS, GEORGIA
That the City of Sandy Springs City Council and the Mayor authorize the City Manager to execute a
construction contract with the selected contractor, Urey Construction, for the construction of the Lake Forest
Elementary School Sidewalks Project, Sandy Springs, Fulton County, Georgia.
____________________________
Eva Galambos, Mayor
Attest:
_____________________________
Michael D. Casey, City Clerk
(Seal)
To: John McDonough, City Manager
From: Noah Reiter, Assistant City Manager
This will have RFQ, Q&A and any clarifications, schedule changes and other important
information. Bidders should check these electronic pages daily!
Questions should be directed to City of Sandy Springs, Tyra Little via e-mail to:
Tyra.little@fearlessdata.com
Instructions to Proposers
All spaces below are to be filled in and Qualifications Letter on page two must be signed where
indicated. Failure to sign and return Qualifications Letter may cause rejection of the Qualifications.
Qualifications of:
Company Name: ______________________________________________________
Questions should be sent by email (only) to tyra@fearlessdata.com. Phone calls or faxes will
not be accepted.
Questions will not be accepted after January 22, 2010 close of business. No exceptions
We propose to furnish and deliver any and all of the deliverables and services named in the attached
Request for Qualifications (RFQ) for which prices have been set. The price or prices offered herein
shall apply for the period of time stated in the RFQ.
We further agree to strictly abide by all the terms and conditions contained in the City of Sandy
Springs purchasing manual as modified by any attached special terms and conditions, all of which
are made a part hereof. Any exceptions are noted in writing and included with this RFQ.
It is understood and agreed that this Qualifications constitutes an offer, which when accepted in
writing by Purchasing Office, City of Sandy Springs, and subject to the terms and conditions of
such acceptance, will constitute a valid and binding contract between the undersigned and the City
of Sandy Springs.
It is understood and agreed that we have read the City’s Scope of Work shown or referenced in the
RFQ and that this Qualifications is made in accordance with the provisions of such specifications.
By our written signature on this Qualification, we guarantee and certify that all items included in
this Qualification meet or exceed any and all such City specifications. We further agree, if awarded
a contract, to deliver goods and services which meet or exceed the specifications. The City of Sandy
Springs reserves the right to reject any or all Qualifications, waive technicalities, and informalities,
and to make an award in the best interest of the city.
It is understood and agreed that this Qualifications shall be valid and held open for a period of one
hundred twenty (120) days from Qualifications opening date.
I certify that this Qualification is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a Qualification for the same materials, supplies,
equipment, or services and is in all respects fair and without collusion or fraud. I understand
collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences,
and civil damage awards. I agree to abide by all conditions of the Qualifications and certify that I
am authorized to sign this Qualification for the proposer. I further certify that the provisions of the
Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not
be violated in any respect.
Authorized Signature______________________________Date_______________________
Print/Type Name_________________________________
Print/Type Company Name Here_______________________________________________
1.0 INTRODUCTION
The purpose of this Request for Qualifications is to outline the City of Sandy Springs interest in
obtaining the services of a qualified firm to perform a Project Management & Construction
Management Services with the objective of developing a vision and strategy to provide the
citizens of Sandy Springs with a professional service at a reasonable cost.
Pursuant to the provisions of the city ordinance, the City of Sandy Springs has determined that
the use of competitive sealed bidding will not be practical or advantageous to the City in
completing the acquisition of the services and/or commodities described herein. Competitive
sealed Qualifications shall be submitted in response hereto in the same manner as competitive
sealed bids and shall be opened in the same manner as competitive sealed bids. All
Qualifications submitted pursuant to this request shall be made in accordance with the provisions
of the City of Sandy Springs purchasing manual, these instructions, and specifications.
The Qualifications shall be evaluated in accordance with the evaluation criteria set forth in this
Request for Qualifications (RFQ). Subsequent to the opening of the sealed Qualifications,
discussions may be conducted by the City of Sandy Springs with responsible offerors who
submit Qualifications determined to be reasonably susceptible of being selected for award for the
purpose of clarification to assure full understanding of and responsiveness to the solicitation
requirements. Offerors shall be accorded fair and equal treatment with respect to any
opportunity for discussion and revision of Qualifications; and such revisions may be permitted
after submissions and prior to award for the purpose of obtaining best and final offers.
In conducting any such discussions, there shall be no disclosure of any information derived from
Qualifications submitted by competing offerors. All such discussions shall be conducted by the
City of Sandy Springs employee named below:
From the issue date of this RFQ until a contractor is selected and the selection is announced,
offerors are not allowed to communicate for any reason with any City Staff, Elected Officials,
Contracted Employees except through the Purchasing Manager named herein. For violation of
this provision, the City shall reserve the right to reject the Qualifications of the offending offeror.
All questions concerning this RFQ must be submitted in writing (e-mail only) to the Purchasing
Manager. No questions other than written will be accepted. No response other than written will
be binding upon the City.
The contract with the offeror will be for a period of one (1) year from the date of issuance with
three (3) one year options to renew. The annual renewal of the offeror's contract shall be at the
sole discretion of the City. The City will notify the offeror of the renewal no less than 45 days by
a Notice of Renewal.
Proposals submitted early may be withdrawn by the Offeror prior to the Proposal Due Date
specified. Following the Proposal Due Date, the Proposal constitutes a binding offer and may
not be withdrawn by the Offeror prior to the award.
1.6 Costs of Preparation
Offeror shall be solely responsible for any and all costs associated with developing and preparing
the Proposal. Under no circumstances will the City of Sandy Springs be required to reimburse
Offeror for such costs.
1.7 Protests
Any protest in connection with this procurement must be submitted in strict accordance with
provisions outlined in the City of Sandy Springs Purchasing Policy
.
All materials submitted as part of the Proposal to this RFQ becomes the property of City of
Sandy Springs and will not be returned to the Offeror.
1.9 Confidentiality
Offeror shall state with specificity those elements of its response that it considers confidential
and/or proprietary. Failure to properly identify and mark confidential or proprietary information
as specified in the following paragraph may result in all information received being deemed non-
confidential, non-proprietary, and in the public domain. Neither a proposal in its entirety, nor
proposed prices shall be considered confidential and proprietary.
Notwithstanding the foregoing, Offeror is hereby notified that any and all materials submitted in
response to this RFQ are subject to the provisions of Georgia’s Open Records Act (O.C.G.A. §
50-18-70 et seq.). City of Sandy Springs receipt, review, evaluation or any other act concerning
any such information shall not create an acceptance by City of Sandy Springs of any obligation
or duty to prevent the disclosure of any such information except as required by the Open Records
Act. Offerors who submit information they believe should be exempt from disclosure under the
Open Records Act shall clearly mark each document as confidential, proprietary or exempt, and
state the legal basis for the exemption with supporting citations to the Georgia Code. Pursuant to
Georgia Law, if the information is requested under the Open Records Act, City of Sandy Springs
shall make a final determination if any exemption actually exists for City of Sandy Springs to
deny the request and prevent disclosure. City of Sandy Springs will withhold such information
from public disclosure under the Open Records Act only if City of Sandy Springs determines, in
its sole discretion, that there is a legal basis to do so.
City of Sandy Springs reserves the right to: (a) waive minor irregularities or variances, non
material bid formalities or defects in any proposal; (b) reject any and all proposals, in whole or in
part, submitted in response to this RFQ; (c) request clarifications from all Offerors; (d) request
resubmissions from all Offerors; (e) make partial, progressive or multiple awards; and (f) take
any other action as permitted by law and/or the City of Sandy Springs Ordinance. City of Sandy
Springs reserves the right to withdraw or cancel this RFQ without prior notice, at any time, at its
sole discretion.
2.1 Introduction
The City of Sandy Springs has established certain requirements with respect to proposals to be
submitted by offerors.
Whenever the terms "shall", "must", "will", or "is required" are used in the RFQ, the
specification being referred to is a mandatory requirement of this RFQ. Failure to meet any
mandatory requirement will cause rejection of offeror's proposal.
Whenever the terms "can", "may", or "should" are used in the RFQ, the specification being
referred to is a desirable and failure to provide any items so termed may not be cause for
rejection, however, will probably cause a reduction in score awarded.
The overall objective of this Request for Qualifications is to obtain professional services for the
City of Sandy Springs Project Management & Construction Management Services.
2.3 Project Oversight and Staffing
The successful offeror will report to the Public Works Director in conjunction with the City
Manager or designee for the City of Sandy Springs.
The successful offeror will report project status to the Public Works Director, 7840 Roswell
Road Suite 500, Sandy Springs, Georgia 30350 at the proposed or specified intervals during the
work via in process reviews (IPRs), reports and/or other interactions as proposed or specified.
For Example:
< Weekly reports in writing on work completed, work planned for the following week and
any issues to be addressed;
< Bi-weekly/Monthly meetings with the City Manager; and/or appropriate staff
< At scheduled deadline dates for the identified deliverables.
The offeror shall provide Project Management & Construction Management services to the City
of Sandy Springs for all Capital Projects initiated by the City during the contract period. Such
services include, but are not limited to:
* Develop an evaluation and ranking process for “Short listing” and final consultant
Selection
* Assist with Streets, Sidewalks, Paving and all other field related construction projects.
In response to the “Project Scope” section of your proposal, provide the following information:
Description of Firm's Experience with Similar Projects within the past 5 years: The size
and overall experience of the offeror with large organizations should be described.
Capabilities and experience in applying technology should be included. Also, experience
with other governmental entities should be described with five (5) current references
provided.
Description of approach which will fully address the requirements of this RFQ.
Proposed Organization and Staffing for the Project and Staff's Qualifications: The
following should be addressed:
Each offeror MUST present a fixed cost proposal for the work to be performed. Such cost
proposal should be all inclusive, no exceptions. Use the Cost Proposal at Appendix C.
Supplemental Cost Data is neither required nor desired.
2.6 PROPOSAL SUBMISSION AND EVALUATION
Each proposal shall be prepared simply and economically, providing straight-forward, concise
delineation of offeror's capabilities to satisfy the requirements of this RFQ. Fancy bindings,
colored displays, and promotional material are not required. Emphasis on each proposal must be
on completeness and clarity of content. To expedite the evaluation of proposals, it is essential
that offerors follow the format and instructions contained herein.
The Qualifications package should be sealed in separate envelope and identified as follows:
All Qualifications are due at the location specified no later than the date and time specified
herein.
The project scope qualifications must include detailed information relative to how you qualify to
perform the tasks described in the Project Scope of Work (Section 2.4) contained in this
document. An original and three (3) copies of the RFQ are required. The Qualifications
Letter, included as page two of this package, must be included in this part and must be signed by
a person authorized to legally bind the company. FAILURE TO INCLUDE THIS SIGNED
QUALIFICATIONS LETTER WILL RESULT IN THE REJECTION OF YOUR
RESPONSE.
The following items are evaluation criteria for all qualifying proposals and will be rated on a point
basis by the evaluation team. Offerors must provide all information as required in Section 2.4.
Project Experience
Prior Experience
Qualifications (50%) (Project, Prior, Qualifications and Education )
Education
Cost Proposal (50%)
2.6.5 Review of Qualifications
All Qualifications received will be reviewed by the Purchasing Manager to ensure that all
administrative requirements of the RFQ package have been met by the offerors Failure to meet
these requirements may be cause for rejection of a Qualification. All technical Qualifications
that meet the administrative requirements will then be turned over to the technical evaluation
team members for further evaluation.
The Evaluation Committee with the assistance of the purchasing staff will conduct the evaluation
process. Additionally, the Committee may, in its sole discretion and in the course of its
evaluation, arrange a site visit or request presentations/demonstrations with one or more selected
offerors.
First Phase: The offeror’s will be evaluated based on the above criteria (2.6.4). The City will
short list to the three (3) top scoring offerors.
Second Phase: The shortlisted experienced offerors will be invited to provide a presentation of
their expertise in Project Management/Construction Management.
COST PROPOSAL
This Agreement made and entered into this ______ day of _______, in the year 2010; by
and between The City of Sandy Springs, Georgia, having its principle place of business at 7840
Roswell Road, Sandy Springs, Georgia and (“Contractor”) ___________________.
WHEREAS, the City of Sandy Springs has caused Request for Qualifications to be issued
soliciting Qualifications from qualified firms to furnish all items, labor services, materials and
appurtenances called for by them in accordance with this Qualifications; and
WHEREAS, the Contractor’s Qualifications was deemed by the City of Sandy Springs to
be the Qualifications most advantageous to the City;
The Contractor agrees to provide all Services and comply with all requirements specified in the
RFQ, and provide those Services as may additionally be specified in the Contractor’s
Qualifications in accordance with the terms and conditions of this agreement. Said specifications
are hereby made a part of this agreement by reference.
2.1 The Contractor shall be an independent Contractor. The Contractor is not an employee,
agent or representative of the City of Sandy Springs. The successful Contractor shall obtain and
maintain, at the Contractor’s expense, all permits, license or approvals that may be necessary for
the performance of the services. The Contractor shall furnish copies of all such permits, licenses
or approvals to the City of Sandy Springs Representative within ten (10) day after issuance.
2.2 Inasmuch as the City of Sandy Springs and the Contractor are contractors independent of
one another, neither has the authority to bind the other to any third person or otherwise to act in
nay way as the representative of the other, unless otherwise expressly agreed to in writing signed
by both parities hereto. The Contractor agrees not to represent itself as the City’s agent for any
purpose to any party or to allow any employee of the Contractor to do so, unless specifically
authorized, in advance and in writing, to do so, and then only for the limited purpose stated in
such authorization. The Contractor shall assume full liability for any contracts or agreements the
Contractor enters into on behalf of the City of Sandy Springs without the express knowledge and
prior written consent of the City.
3.0 Indemnification
The Contractor agrees to indemnify, hold harmless and defend the City from and against any and
all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses
(including attorney’s fees) rising out of any act or omission of the Contractor, its agents,
subcontractors or employees in the performance of this Contract.
4.0 Insurance
The Contractor shall, at its own cost and expense, obtain and maintain worker’s compensation
and commercial general liability insurance coverage covering the period of this Agreement, such
insurance to be obtained from a responsible insurance company legally licensed and authorized
to transact business in the State of Georgia. The minimum limit for Worker’s Compensation
Insurance shall be the statutory limit for such insurance. The minimum limits for commercial
general liability insurance, which must include personal liability coverage will be $1,000,000 per
person and $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for
property damage.
5.0 Termination
5.1 Any other provisions of this agreement notwithstanding, each party has the right to
terminate this Agreement if the other party breaches or is in default of any obligation hereunder
which default or breach is incapable of cure or which, being capable of cure, has not been cured
within thirty (30) days after receipt of written notice of such default (or such additional cure
period as the non-defaulting party may authorize). In addition, if at any time after
commencement of the Services, the City of Sandy Springs shall, in its sole reasonable judgment,
determine that such Services are inadequate, unsatisfactory, no longer needed, or substantially
not conforming to the descriptions, warranties, or representations contained herein, the City may
terminate this Agreement upon thirty (30) days written notice to the Contractor.
5.2 The City of Sandy Springs may terminate the agreement immediately without prejudice
to any other right of action or remedy if the Contractor:
5.2.1 Becomes insolvent, makes a general assignment for the benefit of creditors, files a
voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business
or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law,
whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. In the
event that any of the above events occur, the Contractor shall immediately notify the City of
Sandy Springs of each occurrence.
The RFQ solicitation (#08-213), any amendments thereto, and the firm’s Qualifications
submitted in response thereto, including any best and final offer, are incorporated in this
Agreement by reference and form an integral part of this agreement. In the event of a conflict in
language between this Agreement and the foregoing documents incorporated herein, the
provisions and requirements set forth in this Agreement shall govern. In the event of a conflict
between the language of the RFQ, as amended, and the Contractor’s Qualifications, the language
in the former shall govern.
The Contractor must obtain all necessary licenses and comply with local, state and federal
requirements. The Contractor shall comply with all laws, rules and regulations of any
governmental entity pertaining to its performance under this Agreement.
8.0 Assignment
The Contractor shall not assign or subcontract the whole or any part of this Agreement without
the City of Sandy Springs’s prior written consent.
No amendments to this Agreement shall be effective unless it is in writing and signed by duly
authorized representatives of the parties.
10.1 A drug-free and smoke-free work place will be provided for the Contractor’s employees
during the performance of this Agreement; and
10.2 The Contractor will secure from any subcontractor hired to work in a drug-free and
smoke-free work place a written certification so stating and in accordance with Paragraph 7,
subsection B of the Official Code of Georgia Annotated Section 50-24-3.
This Agreement shall be governed in all respects by the laws of the State of Georgia.
This Agreement constitutes the entire Agreement between the parties with respect to the subject
matter contained herein; all prior agreements, representations, statement, negotiations, and
undertakings are suspended hereby. Neither party has relied on any representation, promise, or
inducement not contained herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by
their duly authorized Managers as of the day and year set forth next to each signature.
Title:_________________________ Title:_______________________________
Name:________________________ Name:______________________________
ADDENDUM NUMBER 1
I hereby acknowledge receipt of Addendum 1 and have incorporated the changes into my
bid response for the abovementioned bid.
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1. Question:
What is the approximate volume of work (in dollars) over the first year?
Answer: See Capital Project Listing. The proposal is for a cost per hour. The total volume of work
shall be determined based upon the needs of the City.
2. Question:
What Projects (if any) are already targeted to be managed by the selected project/construction manager?
Answer: The Project Construction Manager may assist and take direction from the Public Works
Director. The awarded contractor will be involved and assist with a variety of projects.
3. Question:
Answer: Projects may include, but not be limited to Streets, Paving, Sidewalks, Parks, Facilities
and other related City projects. (See Capital Projects Listing)
4. Question:
Under “Description of Firms Experience with similar projects within the past five years, could you further
clarify what you are looking for here.
Answer: Listing of construction projects within the past 5 years in which your firm has participated
with emphasis on project oversight. It is equally important that the firm provides documentation of
said experience.
5. Question:
6. Question:
Answer: A Certificate of General Liability Insurance & Professional Errors & Omissions
Insurance will be required
7. Question:
Is the Purchasing Manual referenced in the Qualifications Letter available for us to review?
Answer: This is available by request from the City via the “Open Records Act” (fee is required)
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8. Question:
The Cost proposal only has one line for one hourly rate. Can we propose several different rates for
different personnel?
Answer: No. As stated, per hour all inclusive. This proposal should be for staff with appropriate
experience to handle project oversight, field inspection and documentation under the direction of
the Public Works Director. We anticipate this to be a uniform rate.
9. Question:
The cost proposal indicates that the rate is all inclusive. Will the City provide any services such as office
space, internet, copying, and reproduction cost etc.? How do we get reimbursed for mileage etc?
Answer: Work Space, Computer and Internet access, Copying will be provided. Mileage or other
similar reimbursements will not be considered, and should be included in your hourly cost.
10. Question:
In Section 2.4.1, Project Scope, the first paragraph defines the scope to include all Capital Projects. Does
this include all types of City projects or just Public Works projects? For example, the skills and
experience required for someone to manage a street asphalt repair project would be much different from
those required to oversee a major bridge repair project or a new building construction project.
Answer: Yes – this proposal is to provide Project Management & Construction Management
services for any and all assigned City projects during the contract period. The awarded contractor
will take direction from and assist the Public Works Director with oversight and inspection on
capital projects.
11. Question:
Section 2.4.1, Project Scope, notes: “*See Project Management /Construction Management Task Matrix
for Services.*” There is no task matrix included or attached to the scope.
Answer: There is no set matrix. Please review the Capital Projects listed. The awarded contractor
will be instructed and given guidance as to the tasks which will be included in their responsibilities.
12. Question:
Are the projects currently underway included in this scope? Are all the projects in the 2010 budget
included in the scope?
13. Question:
In Section 2.5, Project Cost, the instructions for the fixed cost proposal are unclear. More detail is needed
in order to provide a reasonable quote.
Answer: The request is for an hourly cost proposal for providing staff with requisite skills and
experience to provide project and construction management for a variety of existing, proposed and
future City projects.
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14. Question:
In Section 2.6.4, Evaluation Criteria and Process, it is noted that the Cost Proposal is 50 percent of the
evaluation score. How will different proposed costs be ranked against each other? Does the lowest fee get
all the points for that or are all fees scored using a value proportion formula?
Answer: The lowest cost proposal will receive the maximum points with subsequent proposals
receiving a proportionate value based on their cost proposal.
15. Question:
In Section 2.6.4, Evaluation Criteria and Process, does a proponent have to achieve a minimum
qualifying score on the qualifications section before they qualify to have their price considered or do the
top three qualifications submissions get their price considered regardless of their technical score?
16. Question:
In Section 2.6.6, Evaluation Committee, who will serve on the evaluation committee?
17. Question:
In Section 2.6.7, Evaluation Scoring, Second Phase presentations, will the presentations be scored? If so,
what is the “points” value of this part of the process?
Answer: The City will determine the evaluation scoring methodology for the presentation and point
structure relating to each step of the evaluation process. It is the City’s intent to validate the
proposing party’s understanding of the scope of work and have the opportunity to meet the
proposed staff. Following the presentations, if any or all shortlisted firms are deemed qualified the
finalists will have their cost proposals opened and the City will award to the lowest most responsive,
responsible proposer.
18. Question:
In Appendix C, Cost Proposal, the hourly rate quote listed does not correspond with the staffing
requirements noted in Section 2.4.1, Project Scope. Please clarify.
Answer: The request is for an hourly cost proposal for existing proposed and future city projects in
the contract period as outlined under Section 2.5.
Comments: It is the intent of the City of Sandy Springs to contract with a firm that can
provide qualified and experienced staff, preferably professional engineers with over five
(5) years experience, with the firm having provided extensive management assistance with
similar projects. Our interest would be to contract with a firm that can provide minimum
two (2) or more employees that have experience with providing project and construction
management for the type of projects listed on the Capital Projects listing. The budget range
shall be determined based upon the time required to effectively provide the project and
construction management services required by the City.