JUDICIAL LEGISLATIVE COMMITTEE

205 Lawrence Street City of Marietta Post Office Box 609 Marietta, Georgia 30061 Meeting Agenda JUDICIAL/LEGISLATIVE COMMITTEE Philip M. Goldstein, Chairman G. A. (Andy) Morris, Vice Chair Stuart Fleming Wednesday, April 26, 2017 Council Chamber Immediately Following Parks, Recreation and Tourism Committee CALL TO ORDER: MINUTES: 20170361 Regular Meeting - March 29, 2017 Review and approval of the March 29, 2017 regular meeting minutes. BUSINESS: 20161170 Hospital Overlay Update regarding possible hospital overlay district. Council member Kelly disclosed that she serves on the WellStar Kennestone Regional Board. 20170274 Rental Restriction in New Residential Subdivisions Discussion of rental restrictions in new residential subdivisions. 20170275 Board of Zoning Appeals - Sanitary, Water, and Storm Lines Discussion of the Board of Zoning Appeals’ review of variances for structures over sanitary, water, and storm lines. City of Marietta Page 1 Printed on 4/25/2017 11:36:59AM JUDICIAL/LEGISLATIVE Meeting Agenda April 26, 2017 COMMITTEE 20170405 Minor Code Amendments Discussion of proposed updates to the Comprehensive Development Code and Zoning Ordinance. Council member Goldstein disclosed that he, his family members and/or entities that he owns or have an interest in, own property in the Central Business District (CBD). 20170415 Historical Residential Preservation Use with Ad Hoc Commercial Use · For significant historical residential property and adjacent property constructed over a 100-year prior, the right to have Commercial use subject to the following: o Over $1,000,000 o Listed and marketed for over one year with no residential buyers o Be on a Street that has over 5,000 cars a day traffic on street location and commercial use within a ½ mile either way on said street. o Building to maintain residential appearance from building to landscape o If in historical district, same criteria o On State or national register o Low impact, professional building with light traffic and limited parking o Minimum signage to fit residential neighborhood o If subsequently conveyed or leased to another, then back before council with default to residential o No rights before BZA or Planning Commission Requested by Mayor Tumlin City of Marietta Page 2 Printed on 4/25/2017 11:36:59AM JUDICIAL/LEGISLATIVE Meeting Agenda April 26, 2017 COMMITTEE 20170416 Judicial Relief Under Home Rule pursuant to Article IX, Paragraph II of Georgia Constitution Consideration of pursuing judicial relief under Home Rule pursuant to Article IX, Paragraph II of Georgia Constitution to mandate the Charter Amendment of Section 2.4 of City Charter which was unreasonably denied by the Georgia Legislature. Said provisions of the proposed City Charter Amendment dealt with Term Limits and clarification of election date of November rather than the incorrect October, both of which are Constitutional and Reasonable. OCGA § 36-35-6(1) should not bar the Georgia Constitution provision of Home Rule as the proposed amendments meet the ultimate of Home Rule based upon being mandated overwhelmingly by the Citizens directly (80% majority vote) and did not alter the composition or the makeup of Mayor and Council, thus reasonable and constitutional. Further, to deny by a lack of public and open action the right of the City to correctly state the election month which is statutorily provided should be done by judicial since not approved by the Georgia Legislature. Requested by Mayor Tumlin ADJOURNMENT: City of Marietta Page 3 Printed on 4/25/2017 11:36:59AM