city of acworth, georgia mayor and board of …

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April 29, 2013 Public Hearing/Work Session The public may address the Mayor and Board of Aldermen during a Public Hearing. The following rules shall apply: 1. No comment or participation while another speaker has the floor. 2. There will be a 5 minute speaking limit per person. 3. A spokesperson for a group is encouraged, where possible. 4. If someone has already made your point, move on to a different point. CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF ALDERMEN PUBLIC HEARING/WORK SESSION 6:30 P.M. – BOARD ROOM MONDAY, APRIL 29, 2013 1. CALL TO ORDER 2. PUBLIC HEARING: 2013-07R & 2013-08A for the City of Acworth to island annex properties located in Land Lot 48 Parcels: 4, 5, 6, 7, 8, 9, 12, 13, 16, 17, 19, 24, 25, 26, 31, 32, 34, 36, 39, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65; Land Lot 49 Parcels: 1, 4, 5, 8, 9, 10, 11, 12, 19, 20, 22, 23, 24, 26, 28, 30, 35, and 62; Land Lot 50 Parcels: 1, 2, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 30, 31, 32, 34, 35, 235, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, and 276; Land Lot 51 Parcel 2; Land Lot 65 Parcels: 3 and 4; Land Lot 66 Parcels: 2, 3, 98, and 333; Land Lot 67 Parcels: 4, 8, 12, 13, 14, 20, 21, and 23 into the City of Acworth. 3. PUBLIC HEARING: 2013-06R for Active Senior Concepts request to rezone 16.59 acres from RM-6 to SLC (Senior Living Community) in the City of Acworth. The property is located in Land Lot 108, Parcel 47 adjacent to the Target retail store. 4. PUBLIC HEARING: 2013-09R for the City of Acworth to rezone approximately 3.4 acres, located in Land Lot 32, Parcels 34, 35, 36, 37, 38, 39, 40, 41, 42, 48, 49, 50, 51, 52, 243, 279 and 298 from R-5 and RM-6 to SLC (Senior Living Community). 5. PUBLIC HEARING: 2013-10R for E. R. Ruddell, Jr to rezone property located in Land Lot 32, parcels 18 and 253 from R-5 (Single Family Residential) to C-1 (Neighborhood Retail Commercial). 6. PUBLIC HEARING: 2013-11R for a map amendment by the City of Acworth for land located in Land Lot 32, Parcels 17, 19 and Parts of 15 and 16 from R-5 (Single Family Residential) to C-1 (Neighborhood Retail Commercial). 7. ADJOURNMENT

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Page 1: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

April 29, 2013 Public Hearing/Work Session

The public may address the Mayor and Board of Aldermen during a Public Hearing. The following rules shall apply: 1. No comment or participation while another speaker has the floor. 2. There will be a 5 minute speaking limit per person. 3. A spokesperson for a group is encouraged, where possible. 4. If someone has already made your point, move on to a different point.

CITY OF ACWORTH, GEORGIA

MAYOR AND BOARD OF ALDERMEN PUBLIC HEARING/WORK SESSION

6:30 P.M. – BOARD ROOM MONDAY, APRIL 29, 2013

1. CALL TO ORDER 2. PUBLIC HEARING: 2013-07R & 2013-08A for the City of Acworth to

island annex properties located in Land Lot 48 Parcels: 4, 5, 6, 7, 8, 9, 12, 13, 16, 17, 19, 24, 25, 26, 31, 32, 34, 36, 39, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65; Land Lot 49 Parcels: 1, 4, 5, 8, 9, 10, 11, 12, 19, 20, 22, 23, 24, 26, 28, 30, 35, and 62; Land Lot 50 Parcels: 1, 2, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 30, 31, 32, 34, 35, 235, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, and 276; Land Lot 51 Parcel 2; Land Lot 65 Parcels: 3 and 4; Land Lot 66 Parcels: 2, 3, 98, and 333; Land Lot 67 Parcels: 4, 8, 12, 13, 14, 20, 21, and 23 into the City of Acworth.

3. PUBLIC HEARING: 2013-06R for Active Senior Concepts request to rezone

16.59 acres from RM-6 to SLC (Senior Living Community) in the City of Acworth. The property is located in Land Lot 108, Parcel 47 adjacent to the Target retail store.

4. PUBLIC HEARING: 2013-09R for the City of Acworth to rezone

approximately 3.4 acres, located in Land Lot 32, Parcels 34, 35, 36, 37, 38, 39, 40, 41, 42, 48, 49, 50, 51, 52, 243, 279 and 298 from R-5 and RM-6 to SLC (Senior Living Community).

5. PUBLIC HEARING: 2013-10R for E. R. Ruddell, Jr to rezone property located

in Land Lot 32, parcels 18 and 253 from R-5 (Single Family Residential) to C-1 (Neighborhood Retail Commercial).

6. PUBLIC HEARING: 2013-11R for a map amendment by the City of

Acworth for land located in Land Lot 32, Parcels 17, 19 and Parts of 15 and 16 from R-5 (Single Family Residential) to C-1 (Neighborhood Retail Commercial).

7. ADJOURNMENT

Page 2: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

BOARD OF ALDERMEN AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Community Development – Planning & Zoning ITEM/AGENDA DESCRIPTION:

City of Acworth request to island annex properties located in Land Lot 48 Parcels: 4, 5, 6, 7, 8, 9, 12, 13, 16, 17, 19, 24, 25, 26, 31, 32, 34, 36, 39, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65; Land Lot 49 Parcels: 1, 4, 5, 8, 9, 10, 11, 12, 19, 20, 22, 23, 24, 26, 28, 30, 35, and 62; Land Lot 50 Parcels: 1, 2, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 30, 31, 32, 34, 35, 235, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, and 276; Land Lot 51 Parcel 2; Land Lot 65 Parcels: 3 and 4; Land Lot 66 Parcels: 2, 3, 98, and 333; Land Lot 67 Parcels: 4, 8, 12, 13, 14, 20, 21, and 23 into the City of Acworth

AGENDA DATE:

4/29/13 & 05/02/13 STAFF RECOMMENDATION:

Staff recommends approval of the annexations and rezonings. BACKGROUND:

Recently the county has approached the various cities within Cobb in an attempt to eliminate unincorporated islands located within their jurisdictions. Austell, Marietta, Powder Springs and Smyrna have all been working with the County to annex islands located within their jurisdictions. The city of Acworth was recently approached by the county seeking to annex various islands located within the jurisdiction of Acworth’s city limits. The city has identified several islands located throughout the city and has begun the process with the corridor along New McEver, Old McEver and Hickory Grove Roads. This area is a mix of residential and industrial in land use. There are many reasons to conduct the island annexations, however the most predominant reasons are for public safety and services offered in the area. The county may have a delayed response time to travel to these isolated areas, there can be confusion for jurisdiction and response within

Page 3: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

these isolated districts as well as roadway and infrastructure maintenance are some of the various reasons the county and city are seeking to close these isolated areas. The 1992 State law creating the method of island annexations had a 50 acre restriction on the sizes of islands that could be annexed. In 2000, the general assembly repealed the 50 acre restriction thus enabling a municipality to annex an unincorporated island of any size (House Bill (HB) 1439). The county has reviewed this island annexation request and has no objection to the city’s request to annex and zone. Properties will be zoned a comparable district as what they currently are within the county unless specifically requested by the property owner. The Planning and Zoning Commission heard the request for the annexations and rezonings at their April 23, 2013 meeting and voted for approval. The vote to approve the request was unanimous.

FISCAL IMPACT: None ATTACHMENTS:

The supporting documents are available to view on the intranet on the council packet page. The documents are labeled as below: Acworth Island Annexation Map Acworth Island Annexation Zoning Table Acworth Island Annexation_State HB 1439 Text

City of Acworth Island Annexation Memo attached below:

Page 4: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

4415 Senator Russell Avenue Acworth, Georgia 30101

Office: (770) 974-3112 Fax: (770) 917-0590

www.acworth.org

Memo Date: 04/18/2013

To: Acworth Planning & Zoning Commission Cc:

From: Christine Dobbs, Community Development Director

RE: Proposed Island Annexations

Recently the county has approached the various cities within Cobb in an attempt to eliminate unincorporated islands located within their jurisdictions. Austell, Marietta, Powder Springs and Smyrna have all been working with the County to annex islands located within their jurisdictions. The city of Acworth was recently approached by the county seeking to annex various islands located within the jurisdiction of Acworth’s city limits. The city has identified several islands located throughout the city and has begun the process with the corridor along New McEver, Old McEver and Hickory Grove Roads. This area is a mix of residential and industrial in land use. There are many reasons to conduct the island annexations, however the most predominant reasons are for public safety and services offered in the area. The county may have a delayed response time to travel to these isolated areas, there can be confusion for jurisdiction and response within these isolated districts as well as roadway and infrastructure maintenance are some of the various reasons the county and city are seeking to close these isolated areas. The 1992 State law creating the method of island annexations had a 50 acre restriction on the sizes of islands that could be annexed. In 2000, the general assembly repealed the 50 acre restriction thus enabling a municipality to annex an unincorporated island of any size (House Bill (HB) 1439). The county has reviewed this island annexation request and has no objection to the city’s request to annex and zone. Properties will be zoned a comparable district as what they currently are within the county unless specifically requested by the property owner.

Page 5: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Community Development – Planning & Zoning

ITEM/AGENDA DESCRIPTION:

Active Senior Concepts request to rezone 16.59 acres from RM-6 to SLC (Senior Living

Community) in the City of Acworth. The property is located in Land Lot 108, Parcel 47

adjacent to the Target retail store.

AGENDA DATE:

4/29/13 & 05/02/13

STAFF RECOMMENDATION:

Staff recommends approval of the rezoning request with stipulations.

BACKGROUND:

As you may recall, in 2007 this property was rezoned from C-2 commercial to RM-6 for

the purpose of a 46 lot age restricted cottage development. That project was never

constructed and the land has been on the market for other opportunities. The applicant is

seeking to rezone this tract of land to SLC for the purpose of a mixed use senior (age

restricted) development. Proposed is a mix of 29 detached cottages and approximately 5

two story senior living dormitories, 2 memory care dormitories, 4 two story assisted

living dormitories as well as an amenity building. The amenity building is proposed to

have a cooking school, auditorium, medical services, game room, dining room, salon,

lounge area, library and other supportive services. In total, the applicant is proposing

approximately 257 dormitory units and 28 cottages for a total of 285 units on the 16.59

acres of land equating to 17.18 units/acre if developed to full capacity. The maximum

height proposed for the buildings is two stories and the project will be built in phases to

pace it with market demands. The entire property will be rental, including the detached

cottage units, and managed by the applicant’s company.

Page 6: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

The Planning and Zoning Commission heard the request for rezone at their April 23,

2013 meeting and voted for approval. The vote to approve the request was unanimous.

FISCAL IMPACT:

None

ATTACHMENTS:

The supporting documents are available to view on the intranet on the council packet

page. The documents are labeled as below:

Active Senior Concepts Aerial

Active Senior Concepts Assisted Living Layout

Active Senior Concepts Atrium Layout

Active Senior Concepts Color Site Plan over Aerial

Active Senior Concepts Cottage Elevation

Active Senior Concepts Site Plan

Active Senior Concepts Supportive Living Layout

Active Senior Concepts Rezone Report attached below:

Page 7: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

STAFF REPORT AND IMPACT STATEMENT:

April 25, 2013 (as amended)

To: City of Acworth Planning and Zoning Board

From: Christine Dobbs, Community Development Director

Subject: Request to rezone approximately 16.59 acres from RM-6 (Multi-family

Residential) to SLC (Senior Living Community). The property in Land Lot 108,

Parcel 47 adjacent to the Target retail store.

Background: As you may recall, in 2007 this property was rezoned from C-2 commercial to

RM-6 for the purpose of a 46 lot age restricted cottage development. That project was never

constructed and the land has been on the market for other opportunities. The applicant is seeking

to rezone this tract of land to SLC for the purpose of a mixed use senior (age restricted)

development. Proposed is a mix of 29 detached cottages and approximately 5 two story senior

living dormitories, 2 memory care dormitories, 4 two story assisted living dormitories as well as

an amenity building. The amenity building is proposed to have a cooking school, auditorium,

medical services, game room, dining room, salon, lounge area, library and other supportive

services. In total, the applicant is proposing approximately 257 dormitory units and 28 cottages

for a total of 285 units on the 16.59 acres of land equating to 17.18 units/acre if developed to full

capacity. The maximum height proposed for the buildings is two stories and the project will be

built in phases to pace it with market demands. The entire property will be rental, including the

detached cottage units, and managed by the applicant’s company.

Analysis: Pursuant to Article XII of the City of Acworth Zoning Ordinance, Staff has reviewed

the request in accordance with the required review criteria listed in Section 123.

A. Review Criteria: The existing land use pattern.

The existing land use pattern along Cobb Parkway in the vicinity of the subject property

is primarily commercial. There are single family subdivisions and a church near the

subject property along Acworth Due West Road.

B. Review Criteria: The possible creation of an isolated district unrelated to adjacent

and nearby districts.

Adjacent zoning districts range from single family residential to commercial. The

primary land use near the subject property is commercial. The proposed mixed use age

restricted development could act as a transition zoning from the more intense commercial

uses to the south to the residential and Corps property to the north.

C. Review Criteria: The population density pattern and possible increase or overtaxing

of the load on public facilities including, but not limited to schools, utilities, and

streets.

The proposed development will add to the traffic currently on Cobb Parkway and

Acworth Due West Road. Traffic has been a concern all along during the planning of the

overall Acworth Summit Development. The development is proposing a shuttle service

Page 8: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

for the majority of residents to access neighboring shopping, dining and movies which

will reduce the total number of cars on the roadways. The City and County have both

conducted road improvements in the area of the subject property in anticipation of

heavier traffic demands as the Acworth Summit area develops. The subject project is age

restricted so it is not anticipated to generate any increase in attendance to the school

system. Water and sewer are available to the site, but capacity impacts are undetermined

and must be reviewed at the time of final site plan approval.

D. Review Criteria: The cost to the city and other governmental entities in providing,

improving, increasing or maintaining public utilities, schools, streets, and other

public safety measures.

As with any new development, there will be an increased cost in providing public safety.

The cost would be offset from the increased tax revenues from the development. The

applicant should coordinate with the City and County utility departments to pay for any

necessary upgrades.

E. Review Criteria: The possible impact on the environment, including but not limited

to drainage, soil erosion and sedimentation, flooding, air quality and water quality.

Stormwater from the site will be detained in one proposed detention pond located at the

northeastern corner of the property. Water quality issues would need to be addressed

during the engineering phase of the development.

F. Review Criteria: Whether the proposed Zoning Map amendment will be a deterrent

to the value or improvement of development of adjacent property in accordance

with existing regulations.

The surrounding properties are currently used for retail commercial purposes. The

requested zoning district for a mixed use age restricted development should not deter the

value or development of adjacent property.

G. Review Criteria: Whether there are substantial reasons why the property cannot be

used in accordance with existing regulations.

No market analysis was submitted to address the feasibility of the existing zoning.

H. Review Criteria: The aesthetic effect on existing and future use of the property as it

relates to the surrounding area.

The aesthetic effect is a qualitative judgment and the applicant has submitted a

preliminary development plan with lot layouts and other site development features as

well as proposed building elevations.

I. Review Criteria: The extent to which the proposed Zoning Map amendment is

consistent with the land use plan.

The Future Development Map shows this parcel as part of the Cobb Parkway

Commercial. This designation allows for secondary, compatible non-commercial uses.

This proposal is consistent with the comprehensive plan.

J. Review Criteria: The possible effects of the proposed zoning districts of a particular

piece of property upon the neighborhood, a particular area, or the community.

Page 9: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

The existing land use pattern along Cobb Parkway in the vicinity of the subject property

is primarily commercial. There are single family subdivisions and a church near the

subject property along Acworth Due West Road. The rezoning of this tract to SLC

should result in an overall positive effect for the community.

K. Review Criteria: The relation that the proposed zoning map amendment bears to

the purpose of the overall zoning scheme, with due consideration given to whether

or not the proposed change will help carry out the purpose of these zoning

regulations.

The request to rezone this property to SLC would result in a tract of land available for

development in the City of Acworth. The proposed change does carry out the intended

purposes of the zoning ordinance.

L. Review Criteria: Applications for a zoning map amendment which do not contain

specific site plans carry a rebuttal presumption that such rezoning shall adversely

affect the zoning scheme.

The applicant has submitted a preliminary development plan with lot layouts and other

site development features as well as proposed building elevations.

M. Review Criteria: The consideration of the preservation of the integrity of residential

neighborhoods shall be considered to carry great weight.

While there are no residential neighborhoods in the immediate vicinity of the proposed

project, the rezoning of this tract to SLC and use of this property as a mixed age restricted

development would preserve the integrity of nearby residential neighborhoods.

N. Review Criteria: In those instances in which property fronts on a major

thoroughfare and also adjoins an established residential neighborhood, the factor of

preservation of the residential area shall be considered to carry great weight.

The subject property has frontage on Acworth Summit Boulevard, a city roadway

connecting Acworth Due West Road and Cobb Parkway. The proposed use as a mixed

age restricted development would complement and preserve the integrity of the nearby

existing residential areas.

P&Z RECOMMENDATION:

The Planning and Zoning Commission heard the request for rezone at their April 23,

2013 meeting and voted for approval. The vote to approve the request was unanimous.

STAFF RECOMMENDATION:

Staff recommends that the rezoning request be approved with the following stipulations:

1. The project shall be approved per the plan presented to the City for consideration. Any

significant changes shall be returned to the Board for consideration.

Page 10: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

2. The applicant shall work with the City of Acworth Building Department and the Cobb

County Fire Marshal to ensure the building complies with all applicable codes.

3. The development shall adhere to the stipulations set forth in Section 69.4, [B] of the City

of Acworth Zoning Ordinance.

4. The development shall meet all City of Acworth Codes and the provisions of the Zoning

Ordinance and Subdivision Regulations unless specifically approved by the Mayor and

Board of Aldermen.

Page 11: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

BOARD OF ALDERMEN AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Economic Development/Community Development – Planning and Zoning ITEM/AGENDA DESCRIPTION:

Consideration for the City of Acworth to rezone approximately 3.4 acres, located in Land Lot 32, Parcels 34, 35, 36, 37, 38, 39, 40, 41, 42, 48, 49, 50, 51, 52, 243, 279 and 298 from R-5 and RM-6 to SLC (Senior Living Community).

AGENDA DATE:

04/29/13 & 05/02/13 STAFF RECOMMENDATION:

Staff recommends approval for the City of Acworth to rezone approximately 3.4 acres, located in Land Lot 32, Parcels 34, 35, 36, 37, 38, 39, 40, 41, 42, 48, 49, 50, 51, 52, 243, 279 and 298 from R-5 and RM-6 to SLC (Senior Living Community).

BACKGROUND:

As you may recall, the City has acquired parcels along Moon Street and Moon Place adjacent to the property owned by the Marietta Housing Authority. It is anticipated that the city assembled properties will be combined with the Marietta Housing Authority properties so that a development comparable to the Carruth Street site can ensue. As such, the City is taking the lead in requesting the SLC zoning designation so that when the Marietta Housing Authority makes application to the state, the proper designation will be in place. This matter was heard at the Planning Commission meeting on April 23, 2013 and there was no one who attended in opposition to the request. P&Z recommended approval of the rezoning request. The vote to recommend approval of the request was unanimous.

FISCAL IMPACT: None

Page 12: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

ATTACHMENTS: The supporting documents are available to view on the intranet on the council packet page. The documents are labeled as below: Acworth School Street SLC Rezone Proposed Site Plan School Street_Cherokee Street Aerial Memo to P&Z attached below:

Page 13: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

“The Lake City”

M E M O R A N D U M

TO: Acworth Planning & Zoning Commission CC: Christine Dobbs, Director of Community Development FROM: Brandon D. Douglas, Assistant City Manager DATE: April 23, 2013 RE: Request for Rezoning As you may be aware, the City of Acworth partnered with various stakeholders in the development of a redevelopment plan for an area of approximately 100 acres on the northern side of the railroad tracks in downtown. In keeping with the basic elements of the strategy, the city has continued to foster partnerships to complete some of the elements of redevelopment such as senior housing developments. The plan incorporated the partnership between the City and the Marietta Housing Authority. If you recall, the Marietta Housing Authority was provided with the management responsibilities of the housing units of the Acworth Housing Authority. An assessment was subsequently conducted of the housing units upon MHA’s involvement which concluded that all of the housing units were substandard except for the units located on the Kienel Property (Logan Farm Road). Section 8 Housing Vouchers were issued to residents for the Carruth Street, Moon Street, School Street, and Winn Street properties. Once the units were vacated, they were demolished. The City, MHA, and Walton Properties partnered to develop a Senior Living Center at the Carruth Street Site and it has been very successful. In light of that success, the City continued with efforts to acquire properties adjacent to the former site of the housing units on Moon Street that the MHA owns. The City successfully acquired enough properties to assemble into nearly 3 acres. Coupled with the acreage of the MHA site, the area is now of comparable size (nearly 4 acres) to that of the Carruth Street site, thus attracting a similar partnership between the MHA and the City. An RFP

Tommy Allegood, Mayor Board of Aldermen: Gene Pugliese Tim Houston Albert L. Price Tim Richardson Bob Weatherford

Brian M. Bulthuis, City Manager Douglas R. Haynie, City Attorney

Regina R. Russell, City Clerk

4415 Senator Russell Avenue Acworth, Georgia 30101

(770) 974-3112 Fax (770) 917-0590

www.acworth.org

Page 14: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

was sent out by the MHA for a senior living development and Walton Properties was chosen through that process. Resulting from the aforementioned efforts is the City’s request to rezone the area to Senior Living Community (SLC). The City is the lead applicant with the MHA signing off in agreement with the request. There is one parcel that is under contract by the City and it is included in the requested rezoning as well so that the entire site will have the proper zoning designation.

Page 15: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

BOARD OF ALDERMEN AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Economic Development/Community Development – Planning and Zoning ITEM/AGENDA DESCRIPTION:

Consideration for E. R. Ruddell, Jr to rezone property located in Land Lot 32, Parcels 18 and 253 from R-5 (Single Family Residential) to C-1 (Neighborhood Retail Commercial).

AGENDA DATE:

04/29/13 & 05/02/13 STAFF RECOMMENDATION:

Staff recommends approval for E. R. Ruddell, Jr to rezone property located in Land Lot 32, Parcels 18 and 253 from R-5 (Single Family Residential) to C-1 (Neighborhood Retail Commercial).

BACKGROUND:

The applicant is requesting this rezone as it works in conjunction with the City’s request to make a map amendment to the parcel that abuts Parcels 18 & 253. The City and the applicant have entered into a Contract for a parcel exchange (as you may recall from the 4/18/13 meeting in which said Contract was approved) whereas the applicant will acquire the city owned parcel that abuts this property and the City will acquire the parcel that abuts a parcel on Moon Street (Parcel ID # 20003200360). The applicant has made this request to enable the parcels to provide for a future land use consistent with properties fronting Northside Drive. Staff recommends this rezone as it will enable the property to be developed into a consistent land use with adjacent parcels and will be a corner lot at the intersection of Cherokee/Lemon/School Street. The applicant desires to develop the lot into a medical related office building (i.e. dental) along with a use such as a coffee/sandwich shop. This matter was heard at the Planning Commission meeting on April 23, 2013 and there was no one who attended in opposition to the request. P&Z recommended approval of the rezoning request. The vote to recommend approval of the request was 5-1 with Chairman Flanagan voting against it. Chairman Flanagan

Page 16: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

again expressed concerns of the commercial zoning impacting an area that he felt would be better suited as being residential or office oriented.

FISCAL IMPACT:

None

ATTACHMENTS:

The supporting documents are available to view on the intranet on the council packet page. The documents are labeled as below: Ruddell_City of Acworth Rezone Survey School Street_Cherokee Street Aerial Memo to P&Z attached below:

Page 17: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

“The Lake City”

M E M O R A N D U M

TO: Acworth Planning & Zoning Commission CC: Christine Dobbs, Director of Community Development FROM: Brandon D. Douglas, Assistant City Manager DATE: April 23, 2013 RE: Request for Zoning/Rezoning As you are aware, the City made improvements to School Street and realigned the terminus point of the road nearest Cherokee Street with that of Lemon Street for better vehicular connectivity and traffic flow. The result of the realignment left a city owned parcel of approximately 0.3 acres without a zoning classification. This parcel abuts 4450 Cherokee Street to the rear of the property. The City is requesting a map amendment to designate the parcel as C-1 in keeping with the surrounding parcels near Northside Drive. Additionally, this parcel is under contract as it is included in a proposed land exchange between the owner of the parcel on Moon Street that was referenced in a separate memo. The person in control of the Moon Street parcel is the owner of 4450 Cherokee Street. This person (Edward Ruddell, Jr.) is requesting a rezoning of Parcel #s 20003202530 & 20003200180 to C-1 in conjunction with the City’s C-1 designation. Upon the completion of the land exchange, the corner parcel of the School Street/Cherokee Street/Lemon Street intersection will be nearly ¾ of an acre and the C-1 designation will allow for an attractive development in keeping with the gateway of downtown Acworth.

Tommy Allegood, Mayor Board of Aldermen: Gene Pugliese Tim Houston Albert L. Price Tim Richardson Bob Weatherford

Brian M. Bulthuis, City Manager Douglas R. Haynie, City Attorney

Regina R. Russell, City Clerk

4415 Senator Russell Avenue Acworth, Georgia 30101

(770) 974-3112 Fax (770) 917-0590

www.acworth.org

Page 18: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

BOARD OF ALDERMEN AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Economic Development/Community Development – Planning and Zoning ITEM/AGENDA DESCRIPTION:

Consideration for a map amendment by the City of Acworth for land located in Land Lot 32, Parcels 17, 19 and Parts of 15 and 16 from R-5 (Single Family Residential) to C-1 (Neighborhood Retail Commercial).

AGENDA DATE:

04/29/13 & 05/02/13 STAFF RECOMMENDATION:

Staff recommends approval for a map amendment by the City of Acworth for land located in Land Lot 32, Parcels 17, 19 and Parts of 15 and 16 from R-5 (Single Family Residential) to C-1 (Neighborhood Retail Commercial).

BACKGROUND:

As you are aware, the City made improvements to School Street and realigned the terminus point of the road nearest Cherokee Street with that of Lemon Street for better vehicular connectivity and traffic flow. The result of the realignment left a city owned parcel of approximately 0.3 acres without a zoning classification. This parcel abuts 4450 Cherokee Street to the rear of the property. The City is requesting a map amendment to designate the parcel as C-1 in keeping with the surrounding parcels near Northside Drive. Additionally, this parcel is under contract as it is included in a proposed land exchange between the owner of the parcel on Moon Street that was referenced in a separate memo. The person in control of the Moon Street parcel is the owner of 4450 Cherokee Street. This person (Edward Ruddell, Jr.) is requesting a rezoning of Parcel #s 20003202530 & 20003200180 to C-1 in conjunction with the City’s C-1 designation. This matter was heard at the Planning Commission meeting on April 23, 2013 and there was no one who attended in opposition to the request.

Page 19: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

P&Z recommended approval of the map amendment request. The vote to recommend approval of the request was 5-1 with Chairman Flanagan voting against it. Chairman Flanagan expressed concerns of the commercial zoning impacting an area that he felt would be better suited as being residential or office oriented.

FISCAL IMPACT: None ATTACHMENTS:

The supporting documents are available to view on the intranet on the council packet page. The documents are labeled as below: Ruddell_City of Acworth Rezone Survey School Street_Cherokee Street Aerial Memo to P&Z attached below:

Page 20: CITY OF ACWORTH, GEORGIA MAYOR AND BOARD OF …

“The Lake City”

M E M O R A N D U M

TO: Acworth Planning & Zoning Commission CC: Christine Dobbs, Director of Community Development FROM: Brandon D. Douglas, Assistant City Manager DATE: April 23, 2013 RE: Request for Zoning/Rezoning As you are aware, the City made improvements to School Street and realigned the terminus point of the road nearest Cherokee Street with that of Lemon Street for better vehicular connectivity and traffic flow. The result of the realignment left a city owned parcel of approximately 0.3 acres without a zoning classification. This parcel abuts 4450 Cherokee Street to the rear of the property. The City is requesting a map amendment to designate the parcel as C-1 in keeping with the surrounding parcels near Northside Drive. Additionally, this parcel is under contract as it is included in a proposed land exchange between the owner of the parcel on Moon Street that was referenced in a separate memo. The person in control of the Moon Street parcel is the owner of 4450 Cherokee Street. This person (Edward Ruddell, Jr.) is requesting a rezoning of Parcel #s 20003202530 & 20003200180 to C-1 in conjunction with the City’s C-1 designation. Upon the completion of the land exchange, the corner parcel of the School Street/Cherokee Street/Lemon Street intersection will be nearly ¾ of an acre and the C-1 designation will allow for an attractive development in keeping with the gateway of downtown Acworth.

Tommy Allegood, Mayor Board of Aldermen: Gene Pugliese Tim Houston Albert L. Price Tim Richardson Bob Weatherford

Brian M. Bulthuis, City Manager Douglas R. Haynie, City Attorney

Regina R. Russell, City Clerk

4415 Senator Russell Avenue Acworth, Georgia 30101

(770) 974-3112 Fax (770) 917-0590

www.acworth.org