PUBLIC HEARING AND CITY COUNCIL MEETING SUMMARY. Mayor Belle Isle called the meeting to order at 7:31 p.m.

Office of the City Clerk 678-297-6003

www.alpharetta.ga.us Prepared by: Coty Thigpen Published: Friday, May 1, 2015

Public Hearing and City Council Meeting of April 27, 2015

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.

PUBLIC HEARING AND CITY COUNCIL MEETING SUMMARY

I.

Mayor Belle Isle called the meeting to order at 7:31 p.m.

II.

Members Present:

Mayor Belle Isle, Mayor Pro Tem Aiken, Council Member Cross (*arrived at 8:50 p.m.),Council Members Mitchell, Kennedy, Owens, and Gilvin

Members Absent: None

Staff Present:

City Administrator Bob Regus, Assistant City Administrator James Drinkard, City Attorney Sam Thomas, City Clerk Coty Thigpen, Director of Economic Development Peter Tokar, Director of Finance Tom Harris, Director of Public Safety Gary George, Director of Public Works Pete Sewczwicz

III.

IV.

Council Member Owens offered a motion to appoint John Goss as an alternate to the Planning Commission

• The motion received a second from Council Member Kennedy

• The motion passed by unanimous vote (6-0-0)

Council Member Kennedy offered a motion to reappoint Mark Wingate to another term, as an alternate, to the Code Enforcement Board

• The motion received a second from Council Member Owens

• The motion passed by unanimous vote (6-0-0)

V.

A. Update and Workshop

• City Administrator, Mr. Regus, came forward to introduce the slate of speakers to present on this item. He explained that the term sheet referenced was included in packet for consideration

• Mark Toro, of North American Properties, came forward to talk about the convention center in terms of a public private partnership

• Jim Stormont, of Stormont Hospitality Group, came forward to speak about the

details of the conference center and hotel

• City Attorney, Sam Thomas, explained the term sheet and fielded questions posed by Mayor and Council

Public comment None

B. Business Items

1. Consideration Of Term Sheet

Council Member Owens offered a motion to table this item for 1 week to be heard at the May 4th meeting

• The motion received a second from Council Member Kennedy

• The motion passed by unanimous vote (6-0-0)

VI.

A. Community Development – Kathi Cook

1. Downtown Master Plan Transportation Network Analysis

• Senior Engineer, Eric Graves, came forward to present this item on behalf of staff

• Seeking $17,700 for amendment to Kimley-Horn agreement in order to perform a transportation analysis for downtown

Public Comment

• Alexander Williamson, 12535 Wexcroft Lane, Alpharetta, GA, came forward to speak on this item

• Steve Stole, 2459 Claystone Lane, Alpharetta, GA, came forward to speak on this item

Council Member Kennedy offered a motion to amend the agreement between the City of Alpharetta and Kimley-Horn in an amount not to exceed $17,700 for a transportation network analysis for the downtown area

• The motion received a second from Council Member Owens • The motion passed by unanimous vote (6-0-0)

VII.

A. Community Development – Kathi Cook 1. CU-15-01 Mezz Spa

Consideration of a conditional use for spa services. The address of the property is 52 A North Main Street. The property is legally described as being located in Land Lot 1269, 2nd District, 2nd section, Fulton County, Georgia.

• Staff requests approval of CU-15-01 Mezz Spa for a conditional use for “spa

services” subject to the following conditions:

1. ‘Spa Services’ shall be added as a conditional use at 52 A North Main Street.

2. Conditional use approval shall be limited to the Mezz Day Spa; no additional massage/spa businesses or subleasing shall be permitted within the

approved space.

3. The hours of operation are planned from Monday through Saturday from 11AM to 8PM and Sunday 12PM–6PM.

4. A minimum of two tables with chairs in the front courtyard shall be required. Furniture shall be black metal or other material approved by staff.

5. Landscaping plan shall be developed and maintained by the applicant to be approved by staff.

• The applicant, Mezz Spa, is seeking a spa services conditional use in order to provide massage services at their business located at 52 A North Main Street.

• The submitted request, if approved, will allow Mezz Spa to provide massage

services at their current business located at 52 A North Main Street. The zoning of the property is C2 which permits spa services as a conditional use. They have been operational since 2007 at 44 Old Canton Street and recently moved to their current location. They currently provide esthetician services and wish to add message.

• A Spa Services definition was approved in 2009 to accommodate spa uses with massage. The definition of “Spa Services” was added to the Unified Development Code as follows:

• UDC Sec. 1.4.2, Definitions, Spa Services. A business that provides non-medical massage and may also offer other personal services such as skin, nail and hair treatments along with the sale of associated retail products. Such

business shall be located within a retail center, shall not occupy more than 4000 sq. ft. and shall not be closer than 2000 ft. to a comparable business.

• This item was heard at the April 2 Planning Commission meeting. After discussion the Planning Commission voted unanimously to recommend approval of the request.

• Staff’s analysis finds that the requested conditional use should have little impact on the surrounding area. However, conditions should be established that require furniture and landscaping in the front courtyard in order to have an active yard along Main Street.

• The applicant notified surrounding property owners by letter of their intent for the property. The applicant stated that no negative comments were received.

• Applicant came forward and confirmed that he was comfortable with conditions as recommended by staff

Public Comment None

Council Member Kennedy offered a motion to approve CU-15-01 Mezz Spa for a conditional use for “spa services” subject to the 5 staff conditions and to amend #3 to begin, ‘hours of operation shall be limited to Monday-Saturday, etc.’

• The motion received a second from Council Member Mitchell

• The motion passed by majority vote (3-0-2); Belle Isle and Aiken voting no; Owens absent from vote

2. V-15-02 Jimmy Ellis Fruit and Vegetable Stand/Old Milton Parkway

Consideration of a variance for extended temporary tent sale. The property is located at 2485 Old Milton Parkway.

• Director of Community Development, Kathi Cook, came forward to introduce this item on behalf of staff

• Staff requests approval of V-15-02 Jimmy Ellis subject to the following conditions:

1. Variance shall be granted to Jimmy Ellis and shall not be transferred. 2. This variance shall be permitted for 180 days each year subject to

re-review before a permit is issued in order to re-review and parking use concerns.

3. There shall be a maximum of two signs not exceeding 12 square feet each and shall be professionally maintained and built with final approval by staff.

4. Signage shall be removed after 180 days of operation. 5. Tents shall be professionally maintained.

• The applicant is requesting approval of a variance to the 45 day twice per year

limitation for a Tent Sale or Temporary Structure in order to operate 180 days for an outdoor Fruit/Vegetable stand.

• The Temporary Use Permit Application states that Tent Sale or Temporary

Structure is limited to 45 days twice per calendar year. The applicant, Jimmy Ellis, is requesting a variance of the 45 day limit twice per year on a tent sale or temporary structure in order to sell seasonal fruits and vegetables for 180 days in a calendar year.

• The property is located at 2465 Old Milton Parkway and is zoned R-12 with a Future Land Use Map classification of Professional/Business Office. The surrounding properties are OP to the west and north and R-12 to the east and R-4A to the south. They consist of a dental office to the west, a taxidermist to the east and apartments to the south.

• Mr. Ellis has been operating the seasonal sales of fruit and vegetables for four

years without traffic complaints or concerns from adjacent property owners. Parking for the use occurs out front by the fence. Mr. Ellis uses 5 tents that are 10 feet by 20 feet.

• Staff has reviewed the applicant’s request and has determined that approval should not be detrimental to surrounding property owners.

• The applicant notified surrounding property owners regarding their request.

He included a petition from those who use the produce market and want to see it stay open.

Public Comment

• Kimberly Oliver, 121 Burnett way, Alpahretta, GA, came forward to speak on this item

• Tom Youngblood, 123 Sedalia Ct, Alpharetta, GA, came forward to speak on this item

• Katherine Morgan, 400 Milton Ave, Alpharetta, GA, came forward to speak on this item

• Linda Neal, 8025 Canter Lane, Alpharetta, GA, came forward to speak on this item

• Lisa Dernovish, 224 Dennis Dr, Alpharetta, GA, came forward to speak on this item

Council Member Kennedy offered a motion to approve V-15-02 Jimmy Ellis subject to the 6 staff recommended conditions

• The motion received a second from Council Member Aiken

• The motion passed by unanimous vote (6-0-0) 3. CLUP-15-03/Z-15-03/V-15-04 Kimball Bridge/Northwinds

• Deny CLUP-15-03/Z-15-03/V-15-04 John Weiland Homes and Neighborhood request for a Land Use amendment, Zoning change, and Variance to build 130 homes of detached and attached single family homes.

• If approval is considered, the following conditions are recommended:

1. The property to be rezoned shall have an “R-8A/D”zoning classification. 2. The Land Use classification shall be “High Density Residential” with a

maximum density of 4.8 units per acre.

3. Project shall be developed substantially as shown on site plan with revision date 4/7/15 and prepared by Ridge Planning and Engineering.

4. Developer shall dedicate and construct four lane w/median extension of Northwinds Parkway between Kimball Bridge Road and the northern property line. Roadway shall be constructed in accordance to the plans and

specifications developed by the North Fulton CID and provided by the City. Impact fee credits will be provided for the curb, gutter, and structural section of the roadway.

5. One full movement access to site shall be provided at an intersection along Northwinds Parkway approximately 600 feet from the intersection with Kimball Bridge Road. Additional access drives to Northwinds Parkway may be allowed subject to approval by the Community Development

transportation engineering staff.

6. All buildings shall be connected to the collector street system with trails and paths.

7. Pedestrian scale lighting, benches, bicycle parking and gathering spaces shall be incorporated throughout the development.

8. Site drainage shall accommodate roadway stormwater.

9. Median islands, roadway streetscape and pedestrian scale lighting along Northwinds shall be maintained by the development HOA.

10. Landscaping along Kimball Bridge Road shall create heavy screening with a mixture of deciduous and evergreen species. Landscape strip along

Northwinds and Kimball Bridge Road shall be 20’ minimum.

11. Applicant shall address screening homes from the cell tower and office site to the north. A 25’ foot heavy landscape buffer shall be required along the northern property line.

12. The site needs more useable open space on both sides of Northwinds Parkway. Passive park area shall be graded where feasible to provide useable green space area for development. Greenspace goal for the development should be approximately 3.8 acres.

13. Visible privacy fence shall be prohibited along Northwinds Parkway and Kimball Bridge Road.

14. Street along Kimball Bridge Road to include an 8 feet sidewalk, 6 foot planting area, 2 foot curb and gutter, 4 foot bike lane, and 11 foot travel lane. 15. Driveways shall be a minimum of 18 feet from sidewalk to structure where

16. Plan shall be redesigned around #004 (27” Water oak) and #016 (30” White oak).

17. Units that front GA-400 and the amenity center shall not have any outdoor spaces such as decks or porches that face GA-400.

18. Architecture shall be substantially similar to that which was submitted, with final approval by Staff.

• The applicant, John Weiland Homes and Neighborhood, is requesting a land use change from “Corporate Campus Office” to “High Density Residential”, a change in zoning for the 26.77 acres from R-1, R-4A, R-12 and AG to R-8 A/D in order to build 130 attached and detached homes at a density of 4.8 units per acre.

• Variances to the front and rear setbacks, and lot width reductions are requested

as well. Requested variances include a reduction in front setback from proposed Northwinds Parkway from 65 feet to 35 feet; reduce minimum lot width from 50 feet to 40 feet; reduce minimum lot size from 4500 square feet to 3200 square feet; reduce buffer on northern property line from 50 feet to 15 feet; allow grading within the buffer on north and west property lines; and allow grading and

replanting in encroaching 20 feet into the GA 400 buffer.

• The submitted request, if approved, will allow John Weiland Homes and

Neighborhood to construct 130 detached and attached single family lots. The density is 4.8 units per acre on the 26.7 acres.

• The property is located north of Kimball Bridge Road and immediately west of

GA-400. The surrounding properties to the north and south are zoned O&I; Properties to the west are zoned AG.

• The submitted site plan depicts a mixture of detached and attached housing on

the east and west side of the property. Homes along the new Northwinds Parkway section are shown fronting Northwinds with rear access. Townhomes are shown along Kimball Bridge frontage. The site plan shows the Northwinds Parkway in its current location with 4 lanes built to their southern access and then it narrows down to two lanes towards their northern property line. Staff proposes that if the request is improved than the entire roadway section be competed to their northern boundary. Impact fee credits would be provided.

• The applicant is requesting the northern buffer be reduced from 50 feet to 15

feet. This reduced buffer will be graded and heavily planted to ensure privacy for the homeowners. (The buffer to the north is slightly downhill from the Greenstone Offices projects that have yet to be built.) However, the Parkway 400 Master Plan to the north was approved for up to 630,000 square feet of office on 17.95 acres and a parking structure up to 4 stories tall is proposed to the north with only a 10 foot separation. Therefore, if approved Staff is recommending a minimum 25’ planted landscape buffer instead of the 15’ proposed.

• Grading within the outer 20 feet of the 120 feet buffer along GA-400 is requested to avoid building 4 foot to 8 foot walls due to the existing topography. There will be no structures built in the buffer and it will be heavily replanted.

• Landscape along Kimball Bridge Road and the future Northwinds Parkway should be heavily landscaped. The setback from future Northwinds Parkway is requested to be reduced from 65 foot to 35 feet because the homes will face the roadway and be rear loaded. Landscape strips along Kimball Bridge Road and Northwinds Parkway should be a 20’ minimum. The total strip (landscape and setback) between the right of way and the units will be 70 feet on Kimball Bridge Road and 45 feet on the future Northwinds Parkway.

• The following setbacks for the development are proposed: Front setbacks- 10 feet

Side setbacks- 5 feet (by lots or by street) Rear setbacks- 0 feet with alley

Rear setbacks- 10 with no alley

• Variance for minimum lot standards are requested in order to permit 3200 square foot lots instead of the minimum 4500 sqft required. A lot width variance of 40 feet down from 50 feet is requested for the detached unit lots and the attached unit width requested reduction is from 30 feet in order to permit 22 feet.

• Traffic resulting from the proposed development was also assessed. It is expected that over 1,000 vehicle trips will be generated on a typical weekday with over 100 vehicle trips occurring in the PM Peak hour. In contrast, if the 26.77 acre site was built-out according to the Future Land Use Plan with O-I zoning to its maximum potential it is anticipated that 910,000 square feet of office (comparing to approved Parkway 400 approved density) could be built. The traffic generated from such an office development could produce over 10,000 vehicle trips per day with approximately 1,300 occurring in the peak hours.

• Residential development is known to increase school enrollment. Fulton County calculated the potential maximum number of children who may live on the property by using the Fulton County schools standard calculation to distinguish the number of children that a residential development will generate.

• Based on the total figure for all three-school levels, it can be assumed that the

proposed development could house approximately 15 - 129 school age children. Manning Oaks Elementary can meet demand for first 46 students however; Northwestern Middle School and Milton High are shown to be over capacity.

• This item was heard at the April 2 Planning Commission meeting. After

discussion the Planning Commission voted unanimously to recommend denial of the request.

• City Staff has reviewed the applicant’s proposal and is of the opinion that the submitted request cannot be supported.

• City Staff has reviewed the applicant’s proposal and has the following concerns:

1. Future Land Use: The property could be developable for office development; approval may impact future similar requests. The site plan depicts too many variances to the R-8A/D classification. There is concern if approved, that the property will be the closest single-family development to Georgia 400 with potential negative impacts from highway noise.

2. Location: The location is not within a walkable community and adjacent to 400 which is not conducive to detached residential.

3. Community Impact: Fulton County schools identified that 15 to 129 students would reside on the property.

• The applicant notified everyone within 500 feet of the intent for the property. The report submitted stated that no concerns were received.

• Don Rolader, came forth on behalf of the applicant JW Homes

• Bryan Musolf, of JW Homes, came forward to speak as the applicant

Public Comment

• Carolyn Robinson, 11615 Vista Forest Drive, Alpharetta, GA, withdrew

her request to speak

• Stephanie Butler, 2882 Webb Bridge Rd, Alpharetta, GA, withdrew her request to speak

• Leslie Day-Harrell, 2655 Northwinds Parkway, Alpharetta, GA, withdrew

her request to speak

• Pamela Clark, 5325 Hunters Oaks Drive, Alpharetta, GA, withdrew her request to speak

• Mona Belcher, 11028 Gardner Drive, Alpharetta, GA, came forward to

speak on this item

• Delores Tulloss, 10815 Tuxford Drive, Alpharetta, GA, came forward to speak on this item

• Kevin Stringfellow, 3125 Hartridge Drive, Johns Creek, GA, came

forward to speak on this item

• Jaqueline Grant, Bailey Johnson Road, Alpharetta, GA, came forward to speak on this item

• James McPherson, 182 Bailey Johnson Road, Alpharetta, GA, came

forward to speak on this item

• Ken Harris, Alpharetta, GA, came forward to speak on this item

• Mr. Rolader came forward for a brief rebuttal on behalf of the applicant

Council Member Gilvin offered a motion to table this item

• The motion received a second from Mayor Belle Isle

• The motion passed by majority vote (4-0-3); Cross, Aiken, Kennedy voting no

4. MP-15-02/PH-15-09 Avalon 3 Story Parking Deck

• Senior Engineer, Eric Graves, came forward to present this item

• Consideration of site plan approval and a request for an amendment to the

condition of zoning for the landscape buffer along Westside Parkway in order to build a parking deck. The property is located within Avalon and located at 2800 Old Milton Parkway.

• Staff recommends approval of MP-15-02 Avalon/Parking Deck with the following conditions:

1. Provide an aesthetic evergreen landscape screen along Westside Parkway to break up the view of the parking deck from the road.

2. Provide an evergreen climbing vine on the sides of the parking deck visible from Westside Parkway.

3. Site plans, landscaping, and architecture to be approved by Design Review Board.

4. A knee wall to block headlights from shining into homes on the north side shall be required.

5. Decorative pedestrian lights which match the Old Milton Parkway fixtures shall be required along Westside Parkway between 3rd Street and Avalon Way.

• The applicant, North American Properties, is requesting permission to add a 4 story parking deck directly north of the Regal Cinemas on Westside Parkway.

• The applicant, North American Properties is requesting a change to a previous site plan in order to add a 4 story parking deck on a site which currently has a surface parking lot. There are 597 current parking spaces in the existing lot and 136 spaces will be permanently removed for construction of the deck. There will be 418 spaces on the ground floor, 117 spaces on the first deck, 169 on the second deck and third, and 175 on the fourth deck. In total 1048 total spaces will be provided after constitution of the deck, an increase of 451 spaces over existing.

• The site plan approved in 2012 proposed deck parking on both sides of the theater totaling approximately 1,300 spaces. One 583 space deck was actually built on the west side. For the Phase II zoning approved in 2014, the site plan was modified eliminating the deck on the east side of the theater in favor of a surface lot.

• At this time, the applicant is requesting to amend the approved site plan by

providing an additional parking deck. The parking deck is adjacent to the east side of Regal Cinemas and will meet the required 30’ building setback.

• The location is across Westside Parkway from the Woodland Trail townhomes. A

knee wall should be installed on the north side of the building separating the parking cars from shining headlights into the townhomes.

• The landscaping plans will require approval by the DRB and an aesthetic

evergreen landscape screen on the sides of the parking deck visible from the roadway and evergreen climbing vine visible from Westside Parkway should be required.

• This item was heard at the April 2 Planning Commission meeting. After

discussion the Planning Commission voted unanimously to recommend approval of the request.

• Staff’s analysis finds that the requested parking deck should not have an impact on the surrounding area. The Design Review Board will review the landscape plans and the architecture. The parking deck will meet the 30’ setback however Regal is setback farther and therefore the deck will block the side of the building.

Significant architectural features should be incorporated since the deck will be prominent on Westside Parkway.

• John Kelley, came forward on behalf of the applicant, North American Properties Public Comment

None

Council Member Kennedy offered a motion to approve MP-15-02 Avalon/Parking Deck with the staff recommended conditions #3, add sent to start, applicant shall incorporate design architectural details to structure.

• The motion received a second from Council Member Owens

• The motion passed by unanimous vote (7-0-0) 5. V-15-05 Coro Realty Building- 10 Roswell Street

Consideration of a request for a parking variance in order to expand office uses within an existing building. The address is 10 Roswell Street.

This item was withdrawn at the request of the applicant

VIII.

None

IX.

1. Mr. Regus reported that the North Fulton radio system went live with no issues

X.

A. Community Development – Kathi Cook 1. Regulations for the Downtown Master Plan

• Caleb Racicot, of TSW, came forward to present the recommended regulations for the Downtown Master Plan

XI.

Council Member Cross offered a motion to adjourn to Executive Session

• The motion received a second from Council Member Owens