Two years after submitting the original application, the applicant now has a "amended" plan.

[Ed Gilgor]

Almost two years after submitting their application, the applicant is submitting another "amended" application for the development.  We do not currently have electronic copies of the submission, but we shall have them soon and will place them here for public view and comment as soon as we can.

As a preliminary matter, NPU-W takes the position that there is not such thing as and "amended" application.  Below is the NPU's position as stated in its letter of April 2, 2013 on this topic:

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NPU-W has reviewed the Beltline District Overlay Regulations, Chapter 36, and the Special Permits, Chapter 25, and it finds no provision of any sort for revised submissions of the original application. 

The Ordinance is explicit that Planning has three options in responding to applications: Issue the Permit, Accept the Permit conditional on certain changes being made, or Deny the Permit. The express language is reproduced below:

Action by Planning Director: The director, bureau of planning shall examine the application and supporting materials for conformity with the requirements and stated intent of this part, make such referrals as are called for in the circumstances of the case, and shall within 30 days (unless a longer period is mutually agreed upon) decide on the application. The director may issue the permit as applied for, may issue a permit conditional upon changes from the application, set forth in writing, as necessary to assure conformity with the requirements and stated intent of this part, or may deny the application, with written reasons for such denial.

Code of City of Atlanta, Part III – Land Development Code, Part 16 -   Zoning, Chapter 25, Section. 16-25.004(3) - Special 

administrative permits, procedural requirements. (emphasis added)

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The reason it matters whether the application is amended or new is that if it is new, then the applicant will be bound by the current zoning on the property.  Otherwise, the applicant is apparently being given the right in perpetuity to submit revised applications based on the old zoning which pretty much allowed for anything.    

If anyone has any questions, please feel free to contact me at edward...@gmail.com.

Ed.