Special Called Meeting of Alpharetta Mayor and Council, July 24th, 2006

Posted Wednesday, July 26, 2006

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Special Called Meeting of Mayor and Council, July 24th, 2006

This summary is provided as a convenience and service to the public, media and staff. It is not the intent to record proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted as heard by Council, but not quoted or paraphrased. This document includes limited presentation by Council and invited speakers in summary form. This is not an official record of the Alpharetta City Council Meeting proceedings. Official Minutes are recorded and available for review.

I. CALL TO ORDER:

The Mayor called the meeting to order

II. ROLL CALL:

All members of Council were present with the exception of Councilman Doug DeRito who was out of town.

III. Pledge to the Flag:

IV. Consent agenda:

A. RESOLUTION: Resolution declaring the results of the July 18, 2006 Special Election – Candidate Election (Post 5).

§ Pursuant to an Ordinance approved and adopted by the Council of the City of Alpharetta on April 3, 2006, a non-partisan special election was called to be held in the City of Alpharetta on Tuesday, July 18, 2006, to elect a successor to Post 5 of the City Council to serve an unexpired term ending on or about December 31, 2007.

§ Due and proper legal notice of the election was provided as required by law.

§ The City contracted with Fulton County to conduct the election for the City.

§ The Fulton County Board of Elections and Registration as Election Superintendent, has certified to the City that the results of the election were as follows:

§ CITY COUNCIL - POST 5

§ David C. Belle Isle: 1,856

§ Mark J. Smith: 1,775

§ The election results are declared to be as certified.

§ The City Attorney read the Resolution.

§ Public comment was invited and heard.

Motion: Councilmember Gibson moved to approve the Resolution declaring the results of the July 18, 2006 Special Election – Candidate Election (Post 5).. Councilmember Monson seconded and the motion passed unanimously (5-0)

B. RESOLUTION: Resolution declaring the results of the July 18, 2006 Special Election – Redevelopment Powers Act

 

§ Pursuant to an Ordinance approved and adopted by the Council of the City of Alpharetta on April 3, 2006, a special election was called to be held in the City of Alpharetta on Tuesday, July 18, 2006, for the purpose of submitting to the electors of the City of Alpharetta, for approval or rejection of an Act (H.B. 1099) adopted by the General Assembly of the State of Georgia and approved by the Governor in the 2006 Session of the Georgia General Assembly, which Act authorizes the City to exercise redevelopment powers.

§ Due and proper legal notice of the election was provided as required by law; and

§ The City contracted with Fulton County to conduct the election for the City.

§ The Fulton County Board of Elections and Registration, as Election Superintendent, has certified to the City that the results of the election were as follows:

§ Shall the Act be approved which authorizes the City of Alpharetta to exercise redevelopment powers under the ‘Redevelopment Powers Law,’ as it may be amended from time to time?

§ YES: 2,473

§ NO: 1,243

§ The election results are declared to be as certified.

§ The City Attorney read the Resolution.

§ Public comment was invited and heard.

Motion: Councilmember Gibson moved to approve the Resolution declaring the results of the July 18, 2006 Special Election – Redevelopment Powers Act. Councilmember Monson seconded and the motion passed unanimously (5-0)

C. RESOLUTION: Resolution declaring the results of the July 18, 2006 Special Election – Homestead Exemption

§ Pursuant to an Ordinance approved and adopted by the Council of the City of Alpharetta on April 3, 2006, a special election was called to be held in the City of Alpharetta on Tuesday, July 18, 2006, to submit to the electors of the City of Alpharetta, the question of whether the homestead exemption from ad valorem taxes should be increased from $20,000.00 to $30,000.00.

§ Due and proper legal notice of the election was provided as required by law; and

§ The City contracted with Fulton County to conduct the election for the City.

§ The Fulton County Board of Elections and Registration, as Election Superintendent, has certified to the City that the results of the election were as follows:

§ Shall the Act be approved which increases the homestead exemption from all City of Alpharetta ad valorem taxes for municipal purposes for residents of the City of Alpharetta from $20,000.00 to $30,000.00.

§ YES: 3,526

§ NO: 35

§ The election results are declared to be as certified.

§ The City Attorney read the Resolution.

§ Public comment was invited and heard.

Motion: Councilmember Gibson moved to approve the Resolution declaring the results of the July 18, 2006 Special Election – Homestead Exemption. Councilmember Monson seconded and the motion passed unanimously (5-0)

V. Adjournment

 

City of Alpharetta

City Administrator’s Office

(678) 297-6010

www.alpharetta.ga.us

Prepared by: Robbie Rokovitz, (678) 297-6014

Published: Tuesday, July 25th, 2006

 

Public Hearing of Mayor and Council, July 24th, 2006

This summary is provided as a convenience and service to the public, media and staff. It is not the intent to record proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted as heard by Council, but not quoted or paraphrased. This document includes limited presentation by Council and invited speakers in summary form. This is not an official record of the Alpharetta City Council Meeting proceedings. Official Minutes are recorded and available for review.

VI. CALL TO ORDER:

The Mayor called the Meeting to Order.

VII. ROLL CALL:

All members of Council were present.

VIII. Pledge to the Flag:

IX. New Business:

A. Community Development: Councilmember Debbie Gibson

Presented by Diana Wheeler

1. A-05-16 Douglas Road Annexation

Consideration of an annexation request for approximately 180-acres of land located on the east and west side of Douglas Road. The property includes Leeward Walk, The Pearl of Alpharetta, Hartsmill Pointe, Calumet, Douglas Downs, and Laurel Cove subdivisions as well as individual properties on Douglas Road. The property is legally described as being located in Land Lots 1124, 1166, 1165, 1123, 1189, 1190, 1232, 1231, 1255, 1256, 2nd District, 1st Section, Fulton County, Georgia.

§ The item was deferred to until August 7 council meeting.

 

2. CU-06-01/V-06-08 Borrelli’s Salon

Consideration of a conditional use for a therapeutic massage use within a multi tenant retail building located at 131 S. Main Street, Suite C. The applicant also seeks variances from the Unified Development Code Section 2.7.7 Massage Therapy. The property is legally described as being located in Land Lot 695, 1st District, 2nd Section, Fulton County, Georgia.

 

§ This item was heard at the July 6, 2006 Planning Commission meeting.

§ There was a lengthy discussion on the Massage Therapy Ordinance requirements and whether a beauty salon would be an appropriate location for massage therapy

§ The Planning Commission recommended (5 -0, 1 abstention) to recommend denial of the application.

§ The massage service would be provided by an accredited massage therapist.

§ Distance requirements: 750 feet from family homes, civic organizations, or other similar type businesses.

§ Four conditions were recommended by staff:

1. Therapeutic/Medical massage shall be permitted use in the existing structure and limited to one suite within the building as requested.

2. Conditional use approval shall be limited to Amber Meixel; no additional therapists or subleasing shall be permitted.

3. Hours of operation shall be consistent with the operational hours of the hair salon.

4. Applicant shall be required to meet procedural requirements for licensing as stipulated in UDC Sec. 2.7.7

§ The Council asked questions of staff.

§ The Council stated that the existing Ordinance is outdated and may need to be revised.

§ The distance requirements are measured in a straight line as opposed to walking distances.

§ The Alcoholic Beverage Ordinance provides walking distance as the requirements as opposed to straight line distances.

§ The applicant, Kelly Christie, came forward for a presentation.

§ The applicant is requesting 240 square feet of space for massage therapy.

§ Public comment was invited. No member of the public came forward.

§ The Council asked additional questions.

§ The Council questioned why the hours of operation did not include Sundays.

§ The applicant was provided time for rebuttal.

 

Motion: Councilmember Gibson moved to approve CU-06-01/V-06-08 Borrelli’s Salon Conditional Use 06-01 and not make this applicant subject to the Message Therapy Ordinance due to the fact that this ordinance application does not fit into the definition of our message therapy establishments. Councilmember Monson seconded and the motion passed unanimously (7-0)

 

3. CU-06-02/V-06-09 V’Nails and Spa – Presented by Kathi Cook

Consideration of a conditional use for a therapeutic massage use within a multi tenant retail building located at 131 S. South Main Street, Suite E. The applicant also seeks variances from the Unified Development Code Section 2.7.7 Massage Therapy. The property is legally described as being located in Land Lot 695, 1st District, 2nd Section, Fulton County, Georgia.

 

§ This item was heard at the July 6, 2006 Planning Commission meeting.

§ There was a lengthy discussion on the Massage Therapy Ordinance requirements and whether a beauty salon would be an appropriate location for massage therapy

§ The Planning Commission recommended (5 -0, 1 abstention) to recommend denial of the application.

§ The massage service would be provided by an accredited massage therapist.

§ Distance requirements: 750 feet from family homes, civic organizations, or other similar type businesses.

§ Four conditions were recommended by staff:

1. Therapeutic/Medical massage shall be permitted use in the existing structure and limited to one suite within the building as requested.

2. Conditional use approval shall be limited to Lynn Elgart; no additional therapists or subleasing shall be permitted.

3. Hours of operation shall be consistent with the operational hours of the hair salon.

4. Applicant shall be required to meet procedural requirements for licensing as stipulated in UDC Sec. 2.7.7.

§ The applicant, Lynn Elgart, came forward for a presentation.

§ The applicant is requesting space within the nail salon for massage and skin care therapy.

§ Public comment was invited and heard.

§ Janis Ward, a resident of Dunwoody, spoke in favor of this applicant.

§ The Council asked additional questions.

§ The City would still have use districts and be able to enforce the UDC within the City.

§ The applicant was provided time for rebuttal.

 

Motion: Councilmember Gibson moved to approve the Condition Use 06-02 V’Nails & Spa and not have them subject to Message Therapy Ordinance due to the fact that this ordinance application does not fit into the definition of our message therapy establishments. Councilmember DeRito seconded and the motion passed unanimously (7-0).

 

4. PH-06-02/V-06-14 North Point Village

Consideration of a request to change a previous condition of zoning in order to add 3,150 square feet of retail space. A variance to the 5’ landscape strip is also requested in order for the applicant to subdivide parcels. The property is located at 7300 North Point Parkway and is legally described as being located in Land Lot 655, and 686, Fulton County, Georgia

 

§ The Community Development Department is seeking approval of PH-06-02/V-06-14 North Point Village, subject to the following conditions:

1. Square footage shall be limited to a maximum of 121,500 square feet.

2. Applicant shall provide approved plan in dwg/cd format prior to issuance of LDP.

§ The applicant, Wiggins and Associates, is requesting an amendment to the Regency Park Master Plan that will permit an additional 3,150 square feet of retail shopping space to an existing retail center for a total of 121,500 square feet in order to develop 13,500 square feet within Phase III.

§ The applicant is also requesting a 5’ side yard setback for Phase III of the development.

§ The subject property is an 11.9-acre tract located along the southeast side of North Point Parkway, directly adjacent to the Amerisuites Hotel on the south and Mansell Crossing Shopping Center on the west.

§ The Regency Park Master Plan was originally approved in 1991 for office development on this site at which time all development standards for this area were set.

§ The property is known as Pods 5 & 6 and was approved for a master plan amendment in April of 1998 to allow 95,541 square feet of retail development.

§ In 2002 the applicant was approved for a total of 118,350 square feet of development.

§ The applicant is currently seeking to amend the master plan in order to increase the allowable square footage again from 118,350 square feet to 121,500 square feet and allow 5’ side yard setbacks for Phase III of the development.

§ The property is zoned PSC and is adjoined on two sides by commercial uses also located within the Regency Park Master Plan development.

§ The site is known as North Point Village and is being developed in three phases.

§ Phase I is 5.15-acres, is complete and has been developed with retail shops.

§ Phase II is 6.735-acres and developed with a 31,564 square foot Crate & Barrel store along with smaller individual retail tenant spaces.

§ Phase III includes the detention pond which serves all phases. A 7,200 square foot tenant space was approved in 2002 to be constructed over the existing open detention pond.

§ The applicant is now proposing a 13,500 square foot group of buildings which they intend to develop with Coldwater Creek.

§ The applicant states in the application that Z-Gallerie required additional storage space when constructed and therefore a total of 107,966 square feet has been constructed and with the 13,500 square feet addition the total developed square footage proposed will be 121,500.

§ The building fronts directly onto North Point Parkway and is accessed by two curb cuts that are located at existing median breaks within the Parkway.

§ The first curb cut is located along the projects southern boundary and is a shared entrance with the Amerisuites Hotel.

§ The second curb cut is located on the northern side of the property.

§ The proposed setbacks for the pod are in compliance with those established through the original master plan approval.

§ The front setback off of North Point Parkway is 175’ with a 25’ landscape strip.

§ The side setback adjoining Amerisuites is the required 30’.

§ The rear setback requirement of 30’ has been amply met.

§ The elevations submitted have been approved by the Design Review Board and include brick and other materials included in the Phase I North Point Village retail shops.

§ The Design Review Board also approved a hardscape plan for Phase II that included raised planters and benches and a planned water feature.

§ The applicant provided trip generation information from Street Smarts for the total build out of the proposed 118,350 square feet.

§ Traffic count projections for the approved retail use were provided to the Council.

§ According to the Street Smarts report, trip generation does not significantly increase by adding the requested 22,809 square feet of retail space.

§ The applicant is also requesting that parking for North Point Village be calculated at 1 space per 250 square feet of retail space instead of 1 per 200 square feet as specified in the Regency Park Master Plan and further states that there is currently substantially more parking than is being used.

§ The City’s Unified Development Code states parking requirements for retail shopping centers as follows: Less than 50,000 square feet: One (1) space for each 200 sq. ft; 50,000 – 400,000 square feet: One (1) space for each 250 sq. ft.; Over 400,000 square feet: One (1) space for each 285 sq. ft.

§ The North Point Village shopping center is over 50,000 square feet and therefore would fall within the 4 per 1000 requirement.

§ Staff has reviewed the applicant’s request and from a use perspective has no specific concerns with the amendment because the retail use already exists

§ Additionally, the requested parking reduction would be in compliance with the Unified Development Code.

§ The City’s Engineering Department has reviewed the applicant’s plans and stated that the access method to the detention pond inlet and outlet will require plan approval and a maintenance schedule must be provided to the Department.

§ The Council asked questions of staff.

§ The applicant, Cindy Harris, came forward for a presentation.

§ The Council asked additional questions.

§ The entrance into the development needs to addressed.

§ Public comment was invited.

 

Motion: Councilmember Gibson moved to PH-06-02/V-06-14 North Point Village with staff conditions. Councilmember Belle Isle seconded and the motion passed unanimously (7-0).

5. Z-06-03/CLUP-06-03/V-06-06 Ritter Properties (Deferred by Applicant)

Consideration of a request to rezone 10.23-acres from AG to R-10 for the purposed of developing a 14 lot subdivision. The property is located at 3973 Webb Bridge Road. A change to the Comprehensive Land Use Plan from “High Density Residential” to “Medium Density Residential” is also requested along with a variance to the 50’ undisturbed buffer required adjacent to commercial property. The property is legally described as being located in Land Lots 1240, and 1247, 1st District, 1st Section, Fulton County, Georgia.

 

§ This item was deferred by the applicant.

 

IV. ADJOURNMENT

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