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City Council

Regular Meeting

Peachtree Corners, GA · December 3, 2013

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Agenda

www.peachtreecornersga.org COUNCIL MEETING AGENDA Mike Mason, Mayor Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member James Lowe – Post 2, Council Member Lorri Christopher – Post 5, Council Member Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member December 3, 2013 COUNCIL AGENDA 7:00 PM PEACHTREE CORNERS CITY HALL 147 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092 A) CALL TO ORDER B) ROLL CALL C) PLEDGE OF ALLEGIANCE D) MAYOR'S OPENING REMARKS E) CONSIDERATION OF MINUTES – November 19, 2013 F) CONSIDERATION OF MEETING AGENDA G) PUBLIC COMMENTS H) CONSENT AGENDA - No Items I) NEW BUSINESS 1. O2013-10-21 Second Read and consideration of a request to rezone a 1.75 acre property located at 500 South Peachtree Street [near Jimmy Carter Blvd. and Buford Hwy., 16th District, Land Lot 244] from C-1 to C-3 in order to allow a garden supply business to store and sell landscaping materials outdoors. (Public comment will be heard.) J) WORK SESSION 1. Discussion SPLOST 2. Discussion BYOB Ordinance K) EXECUTIVE SESSION L) ADJOURNMENT DRAFT COPY CITY OF PEACHTREE CORNERS COUNCIL MEETING November 19, 2013, @ 7:00PM The Mayor and Council of the City of Peachtree Corners held a Council Meeting at City Hall, 147 Technology Parkway, Suite 200, Peachtree Corners, GA, 30092. The following were in attendance: Mayor Mike Mason Council Member Phil Sadd – Post 1 Council Member James Lowe – Post 2 Council Member Alex Wright – Post 3 Council Member Jeanne Aulbach – Post 4 - absent Council Member Lorri Christopher – Post 5 Council Member Weare Gratwick – Post 6 City Manager Julian Jackson City Clerk Kym Chereck Com. Dev. Director Diana Wheeler City Attorney Bill Riley PLEDGE OF ALLEGIANCE: Mayor Mason led the Pledge of Allegiance. MAYOR’S OPENING REMARKS: Mayor Mason thanked the citizens of Peachtree Corners for approving the SPLOST, and stated that he looks forward to working together on the SPLOST projects. MINUTES: MOTION TO APPROVE THE MINUTES FROM THE NOVEMBER 5, 2013 COUNCIL MEETING. By: Council Member Christopher Seconded by: Council Member Gratwick Vote: (6-0) (Christopher, Gratwick, Mason, Sadd, Lowe, Wright) CONSIDERATION OF THE MEETING AGENDA: There was no change to the agenda. PUBLIC COMMENT: There was no public comment. 2013-11-19 Council Meeting Minutes Page 1 of 3 DRAFT COPY OLD BUSINESS: O2013-10-20 Second read and consideration of a request to amend the City of Peachtree Corners zoning map pursuant to RZ 2013 004, Grandview, in order to rezone four pieces of property located at Peachtree Corners Circle and Medlock Bridge Road; 6th District, Land Lot 301, within the 5200 block of Peachtree Parkway from R-100 to M-U-D to accommodate a future mixed-use development. This application was withdrawn by the applicant. NEW BUSINESS: O2013-11-22 Second Read and consideration of an Ordinance of the City of Peachtree Corners, Georgia, to adopt the City of Peachtree Corners 2033 Comprehensive Plan. Ms. Michele Alexander of Pond and Company gave a brief presentation on the 2033 Comprehensive Plan. Ms. Alexander stated that the plan had been approved by the ARC (Atlanta Regional Commission) and was now ready for consideration of approval by the Mayor and Council. MOTION TO APPROVE THE CITY OF PEACHTREE CORNERS 2033 COMPREHENSIVE PLAN. By: Council Member Sadd Seconded by: Council Member Christopher Vote: (6-0) (Sadd, Christopher, Mason, Lowe, Wright, Gratwick) O2013-10-21 First Read and consideration of a request to rezone a 1.75 acre property located at 500 South Peachtree Street [near Jimmy Carter Blvd. and Buford Hwy., 16th District, Land Lot 244] from C-1 to C-3 in order to allow a garden supply business to store and sell landscaping materials outdoors. (Public comment will be heard at the 12/03/2013 Council Meeting.) WORK SESSION: Presentation and discussion on SPLOST. Mr. Tom Black of CH2MHill presented information concerning the SPLOST and also, among other things, the conditions of public roads in Peachtree Corners. 2013-11-19 Council Meeting Minutes Page 2 of 3 DRAFT COPY Presentation and discussion on Code Enforcement Best Practices. Mr. Wayne Wright of CH2MHill gave a presentation on Code Enforcement Best Practices. Mr. Wright stated that in January 2014 the City will be performing Code sweeps of apartments located within the City of Peachtree Corners. Franchise Fees Mr. Julian Jackson, City Manager, explained that Georgia Power is planning to increase the Municipal Franchise Fee it charges customers living in the City of Peachtree Corners. Georgia Power customers will be back billed retroactively to the date of the franchise agreement (10/05/2012), and it is estimated that the back billed amount will be approximately $31.00. ADJOURNMENT: MOTION TO ADJOURN AT 8:35 PM. By: Council Member Christopher Seconded by: Council Member Sadd Vote: (6-0) (Christopher, Sadd, Mason, Lowe, Wright, Gratwick) Approved, Attest: ___________________________________ __________________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk (Seal) 2013-11-19 Council Meeting Minutes Page 3 of 3 CITY OF PEACHTREE CORNERS ORDINANCE 2013-10-21 COUNTY OF GWINNETT, STATE OF GEORGIA AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO RZ 2013 005 ,GREENBROTHERS, IN ORDER TO REZONE 1.75 ACRES OF PROPERTY LOCATED AT 5000 SOUTH PEACHTREE STREET; 16TH DISTRICT, LAND LOT 224 FROM C-1 TO C-3 IN ORDER TO ALLOW A LANDSCAPE SUPPLY BUSINESS TO STORE AND SELL LANDSCAPING MATERIALS OUTDOORS WHEREAS: Notice to the public regarding said modification to conditions of zoning has been duly published in The Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and WHEREAS: Public Hearings were held by the Mayor and City Council of Peachtree Corners on November 19, 2013 and December 3, 2013; NOW THEREFORE, The Mayor and City Council of the City of Peachtree Corners while in Regular Session on December 3, 2013 hereby ordain and approve the Zoning Case RZ2013-005 for the above referenced property with the following conditions: 1. The C-3 uses for the property shall be limited to a landscape supply business only. 2. The existing fence on the property shall be repaired or replaced. 3. The site shall be cleared of litter, weeds, and debris including the right-of-way on the front of the property along South Peachtree Road. 4. A 10 ft., heavily planted, landscape strip shall be installed along the front of the property and along the east side (next to rental house unless resident requests no landscaping). Landscape material shall be approved by Staff. 5. A sediment control basin to be approved by Staff shall be provided. 6. Gwinnett County Health Department approval shall be obtained. 7. Hours of operations shall be limited to 8AM – 5PM Monday through Friday and 8AM – 3PM on Saturday. No Sunday hours shall be provided. 8. Any security or parking lot lighting shall include shields or be directed away from the adjacent rental house. 9. Signage shall be limited to one, quality sign in a frame installed as a monument sign or attached to the fence. The sign shall be made of long-lasting, weather proof material, be approved by staff, and be no greater than 20 sq. ft. in size. Neon, LED, variable message and changeable copy board signs shall be prohibited. Effective this 3rd day of December, 2013. Approved by: So Signed and Witnessed this _______day of __________, 2013 Attest: _________________________ _____________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk SEAL CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT REZONING ANALYSIS CASE NUMBER :RZ 2013-005 ZONING :C1 LOCATION :5000 SOUTH PEACHTREE STREET MAP NUMBERS :6244013 ACREAGE :1.75 ACRES PROPOSED DEVELOPMENT :LANDSCAPE SUPPLY COMPANY – OUTDOOR SALES FUTURE DEVELOPMENT MAP: APPLICANT: MICHAEL LAROWAY 3040 BUFORD HWY. BUFORD, GA 30518 CONTACT: BARRY DUNLOP PHONE: 770-605-6030 OWNER: NORCROSS SUPPLY CO. 4955 BUFORD HWY. NORCROSS, GA 30071 RECOMMENDATION: APPROVE WITH CONDITIONS PROJECT DATA: The applicant requests the rezoning of 1.75 acres of property from C1 (Neighborhood Business) to C3 (Highway Business) in order to accommodate a landscape supply business on the site. The property is located on the west side of South Peachtree Street and situated towards the end of a block that has high transmission powers lines on one end and an office building at the other end. There are also five additional properties along the west side of the road with buildings that are zoned C1, but were designed for single-family home use. One of these buildings is vacant, two have been converted to office use, and the others appear to be rental property. Along the north side of the property are railroad tracks within the Southern Railway Company right-of-way. To the east, across the street from the property, is a multi- tenant, one story office complex that is mostly vacant. The subject property is currently vacant and surrounded by a chain link fence. It incorporates the structural remnants of the Norcross Supply Company lumber business. These remnants include some slabs, walls, paved areas, and a shed-type building. They are all that remain after a fire destroyed the facility in 2007. The applicant’s letter of intent states that Green Brothers Earth Works intends to purchase the lumber yard site and open a retail landscape supply store. They note that their company has RZ2013-005 been selling landscaping materials and supplies to both homeowners and landscapers for 60 years. If the rezoning is approved, the applicant intends to construct a building and install bins to store a variety of landscape materials including landscape timbers, sod, mulch, stone, pine straw, sand, and gravel. The company expects to have three employees and three pieces of machinery at this location when operations commence. They hope to grow the business and double both the number of employees and pieces of equipment in the first year of operation. However, they do not expect their business to occupy as much of the site area as previously utilized by the lumber yard business. Operating hours will be 8AM – 5PM Monday through Friday and 8AM – 3PM on Saturday. The business will be closed on Sundays. ZONING HISTORY: The subject property has been zoned C1 since the 1970’s. The only business associated with the property is the Norcross Supply Company which relocated to 4955 Buford Hwy. after a fire six years ago. ZONING CRITERIA: Zoning Code Section 1702 establishes six criteria for evaluating rezoning applications. These criteria are listed below and each one is followed by staff comments pertaining to the applicability of the criteria to this application. 1. Whether a proposed rezoning will permit a use that is suitable in view of the use and development of adjacent and nearby property. Staff Comment: The proposed rezoning will permit a use that is comparable to a previous use and had been in operation for years at this location. 2. Whether a proposed rezoning will adversely affect the existing use or usability of adjacent or nearby property. Staff Comment: The proposed use is not more intense than the previous use on the property and is, therefore, not expected to have a greater or adverse impact on adjacent property. 3. Whether the property to be affected by a proposed rezoning has a reasonable economic use as currently zoned. Staff Comment: The property has been vacant for six years under the current zoning. The proposed zoning offers a greater range of options and the property location supports the C-3 classification. 2 RZ2013-005 4. Whether the proposed rezoning will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities utilities, or schools. Staff Comment: The proposed use should not generate more trips than the previous, similar use. 5. Whether the proposed rezoning is in conformity with the policy and intent of the land use plan. Staff Comment: The 2033 Comprehensive Plan Future Land Use Map identifies this site within the Preferred Office Character Area. The property, however, was originally developed as a retail commercial use and the applicant’s plan calls for an extension of that use. 6. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposed rezoning. Staff Comments: The high vacancy rate appears to have more of a negative impact on properties in the area than the existing uses. Having a business in operation on the subject property will likely have a greater positive impact on surrounding properties than the zoning classification of this site. DEPARTMENT ANALYSIS: The subject property is located near an intensive commercial node and is adjacent to a principle arterial, Buford Highway. The surrounding area is characterized by a mixture of retail, office and industrial/warehouse uses. The site previously served a lumber yard use which had been in operation for many years. There are high voltage power lines and a transmission tower on one side of the property and railroad lines on another side of the property. Some of the property that the applicant intends to use abutting this site is still owned by the Southern Railway Company. If the lumber yard were built under today’s zoning code, it would require a C3 zoning designation, as well, because of the outdoor storage associated with the business. In that regard, the landscape supply business is very similar to the lumber yard. Although the landscape supply business offers a greater variety of materials for sale than the lumber yard, the material is stored and sold (both retail and to the trade) similarly in both cases. Both businesses attract similar customers (homeowners and members of the construction /landscape industry) and maintain similar hours of operation. The landscape supply business would not be introducing a different type of use to the street or generating different (or greater) traffic than the lumber yard business. The commonalities between both businesses suggest that a landscape supply operation could be considered fairly comparable to a lumber yard. 3 RZ2013-005 The greater concern for this area is the high number of vacant buildings that currently exist. That factor, more than the specific zoning classification for this site, has an adverse impact on the surrounding properties. Putting the subject site back into productive use will help offset the vacancies and may foster greater interest in nearby properties. In conclusion, given the property’s location adjacent to Buford Highway and similarity to the previous use on the site, a landscape supply business could be considered suitable at this location and consistent with the area. Therefore, after review of the applicant’s proposal, it is recommended that the request for rezoning the property to the C-3 classification, RZ2013-005, be approved with the following conditions: 1. The C-3 uses for the property shall be limited to a landscape supply business only. 2. The existing fence on the property shall be repaired or replaced. 3. The site shall be cleared of litter, weeds, and debris including the right-of-way on the front of the property along South Peachtree Road. 4. A 10 ft., heavily planted, landscape strip shall be installed along the front and east side (next to rental house) of the property. Landscape material shall be approved by Staff. 5. A sediment control basin to be approved by Staff shall be provided. 6. Gwinnett County Health Department approval shall be obtained. 7. Hours of operations shall be limited to 8AM – 5PM Monday through Friday and 8AM – 3PM on Saturday. No Sunday hours shall be provided. 8. Any security or parking lot lighting shall include shields or be directed away from the adjacent rental house. 9. Signage shall be limited to one, quality sign in a frame installed as a monument sign or attached to the fence. The sign shall be made of long-lasting, weather proof material, be approved by staff, and be no greater than 20 sq. ft. in size. Neon, LED, variable message and changeable copy board signs shall be prohibited. 4 REZONING. SPECIAL USE PERMIT, OR CHANGE IN CONDITIONS APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF PEACHTREE CORNERS, GEORGIA APPLICANT INFORMATION OWNER INFORMATION NAME: /VltCJl/J.e (_ LAa.6£.J.I+ '-1 NAME: M.°!&ll?o££ s;,, f..e.i.. '1. (;_ci • ADDRESS: ]o</t> i3ufct..1) i./4, '1 ADDRESS: .:/ifs' 8ur<JA.i) i-l(AJ '1 CITY: Bural!.I) CITY: N.,,&caa.s: £ STATE: G-ti- ZIP: 3Q.S-IR STATE: 6/i- ZIP: 3Qo/ I PHONE: ~79, 3'/S-01 ~ l PHONE: 720 Vl/8_-ZIZ..8 E-MAIL: LARct.J~'j_ Q a.." f. com. E-MAIL: 11//rtJ @ 11ort:rQ';i5.S.;Jfj!.i:j.- co111 Barry Dunlop CONTACT PERSON: PHONE: (770) 605-6030 CONTACT'S E-MAIL: bdunlop@paradigmeng.net APPLICANT IS THE: 0 OWNER'S AGENT 0 PROPERTY OWNER IZI CONTRACT PURCHASER 1 --'REQUESTED ZONING DISTRICT: _c_3- - ­ PRESENT ZONING DISTRICTS(S):_c_ LAND DISTRICT(S):_16_ _ LAND LOT{S): _2_24_ _ _~ACREAGE: _2_._33_5_a_c_ _,,_/'--.7~:;,'""'-c,""'''- ADDRESS OF PROPERTY: __5_o_oo_so_u_th_P_e_a_ch_t_re_e_s_1r_ee_1_ _ _ _ _ _ _ _ _ _ __ PROPOSED DEVELOPMENT: To allow for a retail establishment to store and sale landscaping materials Staff Use Only This Section Case Number: _ _ _ _ _ _ _ _ Hearing Date: P/C_ _C./C Received Date: _ _ __ Fees Paid: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.By: _ _ _ _ _ _ _ __ Related Cases & Applicable Conditions: Description=----------------------------­ PAGE2 REZONING, SPECIAL USE PERMIT, OR CHANGE IN CONDITIONS APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF PEACHTREE CORNERS, GEORGIA APPLICANT INFORMATION OWNER INFORMATION NAME: tf11c.t-/,4£L L&t<otir4'-f NAME: AloRro Lk Soult/au/ C,,,te,,p ADDRESS: 3t>Vo Bo6U!. 0 1-{td '? ADDRESS: /Zoo l£1Jeih£U ST. N'£. CITY: 131u:::o& h CITY: hlz:t, t!UJ zrT-1-­ STATE: GI+ ZIP: J. OSI 8. STATE: G,/f ZIP: 3 o]o 't: 3<;/9 PHONE: (, 78 'J.t/S---ot_], (.. PHONE: ~ tJ t/ "l_tZ s .c.:;-7 E-MAIL: L4-RowA'j@ (L{) /, ColYl E-MAIL: Crc.../ q. ore:;,ft/c) /J.>rorn.c< w Barry Dunlop CONTACT PERSON: PHONE: (770) 605-6030 CONTACT'S E-MAIL: bdunlop@paradigmeng.net APPLICANT IS THE: D OWNER'S AGENT 0 PROPERTY OWNER IZl CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S):._c_1_ _.REQUESTED ZONING DISTRICT: _c_3_ __ LAND DISTRICT(S):_16__ LAND LOT(S): _2_24_ _ _~ACREAGE: _2_.3_3_5_a_c_ _._i/._'l_a..c.. ADDRESSOFPROPERTY: __s_o_oo_so_u_th_P_e_a_ch_t_ra_e_s_tr_ee_t_ _ _ _ _ _ _ _ _ _ __ PROPOSED DEVELOPMENT: To allow for a retail establishment to store and sale landscaping materials Staff Use Only This Section Case Number:._ _ _ _ _ _ _ _ Hearing Date: P/C_ _C/C Received Date: ---­ Fees Paid: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ By: _ _ _ _ _ _ _ __ Related Cases & Applicable Conditions: Description: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ PAGE2 GREEN BROS. EARTH WORKS 3040 BUFORD HWY BUFORD, GA 30518 (678) 745-6980 FAX;(678) 745-6983 Letter of Intent Green Bros. Earth Works No.3 intends to purchase the old Norcross Supply lumber yard site and open a retail landscape supply store. The location is 5000 S. Peachtree St. in the city of Peachtree Corners. This now abandoned property once had 28 employees and was filled to the brim with lumber, forklifts, saws and trucks. Opening in this location in 1946 and closing after total destruction from a fire in 2007, the family has not been able to find a buyer for the property, until now. Green Bros also has a long history in the Atlanta area, we opened our first of many plant nursery type stores in 1953. We have evolved into a landscape supply source for homeowners and landscapers alike. After rezoning the property, Green Bros. intends to put up a building and install bins to store the variety of materials. These products include: Landscape timbers, Bermuda and Zoysia sod, pallets of stone, ten or more types of mulch, seven or more types of soil and blends, pinestraw, sand, gravel and decorative pebbles. The property is 100% paved and our uses will seem small in comparison to the previous lumberyard's business. Green Bros size may be only 10-15% of what Norcross Supply's was. Currently we have one Bobcat loader, one topsoil screening machine and one delivery truck, operated with three employees. We hope to grow to six employees in the first year at this location. Our operating hours are 8:00-5:00 M-F, 8:00-3:00 on Sat, closed Sunday. APPLICANT'S CERTIFICATION The undersigned below states under oath that they are authorized to make this application. The undersigned is aware that no application or reapplication affecting the same land shall be acted upon within 12 months from the date of last action by the city council unless waived by the city council. In no case shall an application or reapplication be acted upon in less than six (6) months from the date of last action by the city council. ~ Sig~ature of Applicant A.11 c..!l/1it.Z Date ............ Type or Print Name and Title PROPERTY OWNER'S CERTIFICATION The undersigned below states under oath that they are authorized to make this application. The undersigned is aware that no application or reapplication affecting the same land shall be acted upon within 12 months from the date of last action by the city council unless waived by the city council. In no case shall an application or reapplication be acted upon in less than six (6) months from the date of last action by the city council. As the property owner, I authorize the above noted applicant to act on my behalf with regard to this application. PAGE4 APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER Pursuant to section 1702 of the 2012 zoning resolution, the city council finds that the following standards are relevant in balancing the interest in promoting the public health, safety, morality or general welfare against the right to the unrestricted use of property and shall govern the exercise of the zoning power. PLEASE RESPOND TO THE FOLLOWING STANDARDS IN THE SPACE PROVIDED OR USE AN ATTACHMENT AS NECESSARY: A. Will this proposed rezoning, special use permit, or change in conditions permit a use that is suitable in view of the use and development of adjacent and nearby property? Yes. All surrounding and nearby properties are in Commercial zoned classifications. All of the adjacent properties accept for the property to the east is currently used as a commercial property. The eastern property 1s currently used as a res1dent1al property. There will be a 30' trans1t1onal buffer imposed on the subiect property for the provision of additional screening from the residential use. B. Will this proposed rezoning, special use permit, or change in conditions will adversely affect the existing use or usability of adjacent or nearby property? No. The proposed use of this property will not adversely affect the existing use of the adjacent properties. C. Does the property to be affected by a proposed rezoning, special use permit, or change in conditions have reasonable economic use as currently zoned? The current condition of the subject property dose not lend itself well for the types of uses limited to the C1 zoning classification. D. Will the proposed rezoning, special use permit, or change in conditions will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools? The proposed use for the property will not cause an excessive use of the existing streets, transportation facilities, utilities or schools. Although this will be a retail establishment, heavy traffic volumes are not expected. E. Will the proposed rezoning, special use permit, or change in conditions is in conformity with the policy and intent of the land use plan? The property will remain a commercial use. F. Are there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposed rezoning, special use permit, or change in conditions? The previous use of the property was as a lumber building material yard and retail establishment. At the property there were large amounts of inventory that was held outside. The proposed use of landscape material retail sales and storage will have similar exterior storage uses and activity as the previous use. PAGES DISCLOSURE REPORT FORM CONFLICT OF INTEREST CERTIFICATION/CAMPAIGN CONTRIBUTIONS WITHIN THE (2) YEARS IMMEDIATELY PRECEDING THE FILING OF THIS ZONING PETITION HAVE YOU, AS THE APPLICANT FOR THE REZONING, SPECIAL USE PERMIT, OR CHANGE IN CONDITIONS PETITION, OR AN ATTORNEY OR AGENT OF THE APPLICANT FOR THE REZONING , SPECIAL USE PERMIT, OR CHANGE IN CONDITIONS PETITION, MADE ANY CAMPAIGN CONTRIBUTIONS AGGREGATING $250.00 OR MORE OR MADE GIFTS HAVING AN AGGREGATE VALUE OF $250.00 TO THE MAYOR OR ANY MEMBER OF THE CITY COUNCIL? CHECK ONE: D YES ur'No (If yes, please complete the "Campaign Contributions" section below) Print Name 1. CAMPAIGN CONTRIBUTIONS Name of Government Total Dollar Date of Enumeration and Description of Gift Official Amount Contribution Valued at $250.00 or more 2. THE UNDERSIGNED ACKNOWLEDGES THAT THIS DISCLOSURE IS MADE IN ACCORDANCE WITH THE OFFICIAL CODE OF GEORGIA, SECTION 36-67A-1 ET. SEQ. CONFLICT OF INTEREST IN ZONING ACTIONS, AND THAT THE INFORMATION SET FORTH HEREIN IS TRUE TO THE UNDERSIGNED'S BEST KNOWLEDGE, INFORMATION AND BELIEF. 1c/f/f&L U..Cawl? OWA.JfA:_ Type or Print Name and Title Signature of Applicant's Date Type or Print Name and Title Attorney or Representative ota:Y S a ·~ = :: EXPll\ESJANUARYUD1t~·i i ;.. :. ~ •• p .: ~ .: l ~ 1:,, •• UBLIC .• ~ ., ':,. ~( ··.• .. ,, ··6f?_ $ f"\- • •• ••••••G\ •'' '•. -vuNTY G<v ........ PAGE6 ............,, . . . . ., 1 ,,,,, VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED CERTIFIES THAT ALL CITY OF PEACHTREE CORNERS PROPERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CASE SHALL A PUBLIC HEARING APPLICATION BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION. A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL l.D. NUMBER: 6 24 062 (Map Reference Number) District Land Lot Parcel Date Type or Print Name and Title Tax Commissioners Use Only (PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW) NAME TITLE DATE PAGE7 VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED CERTIFIES THAT ALL CITY OF PEACHTREE CORNERS PROPERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CASE SHALL A PUBLIC HEARING APPLICATION BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION. A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL l.D. NUMBER: 6 244 013 (Map Reference Number) District Land Lot Parcel Date Type or Print Name and Title Tax Commissioners Use Only (PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW) NAME TITLE DATE PAGE7 VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED CERTIFIES THAT ALL CITY OF PEACHTREE CORNERS PROPERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CASE SHALL A PUBLIC HEARING APPLICATION BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION. A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL l.D. NUMBER: 6 24 172 (Map Reference Number) District Land Lot Parcel I Date Type or Print Name and Title Tax Commissioners Use Only (PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW) NAME TITLE DATE PAGE? LEGEND FLOOD ZONE STATEMENT: El l= BUI L DING Li f\IE ND PORTION OF THIS PROPERTY IS L OCATED wITHIN A C/ L = crn TER _ INE P/ L= PR OPERTY LI f\I E FEDERALL Y DESIGNATED 100 YEAR FLOOD ZONE AS PER Cf'x l::i= CU RB f'x l::i lJTTER COMMUNITY PANEL NUMBER 13135C0081F DATED 09.29.06. CMF= cmKRETE tv10NU MEtH FOUND DB­ DEEJ BODI< FIELD PRECISION: CTP= CR IMP TOP PIPE DTP = DPrn TJP F I PE uTHE FIELD DATA UPON wHICH THIS MAP DR PLAT IS BASED N/ F f\j/ =- = NOW DR FDRM ERL Y HAS A CLOSURE PRECISION OF ONE FOOT IN 2 1,792 FT, JAMES KNIGHT L I f-' = LJf-' U~ I LJ f-' f-' 1f-' l D.B. 50750, PG. 691 AND AN ANGULAR ERROR OF 07 SECONDS PER ANGULAR POINT, TAX ID: 6-244-014 FFE = F =NIS~ED FLOO R EL EVATI ON I E= If\JVER T ELEVA T! Dt~ AND \VAS ADJUSTED USING THE COMPASS RULE. IPF= IR ON P I N FDWJD I P S= IR mJ P l l\J SET PLAT PRECISION: RRF = RFR AR PT \J F i l l f\Jn 0 TH I S MAP DR PLAT HAS BEEN CALCU L ATED FDR CL OSURE AND R/ w= R I GW OF WAY IS FOUND TD BE ACCURATE wITHIN ONE FOOT IN 1,363,633 FEET. p B. = PLA T BC DI< r .O.B .= r'O l\J T OF BEG ll~ l\Jl f\JG LJ. F. = l JTl l TY FAS FMFIH EQUIPMENT: MCAS .= lv1[AS UR= J ANGULAR ~ LINEAR - NIKON TOTAL STATION DTM-522 REC.= RECORD REFERENCES· -BOUNDARY SURVEY FOR NORCROSS SUPPLY COMPANY, PREPARED BY BULLARD LAN D PLANNING, INC., DATED 4/27 /2009 .. -D.B. 705 4, PG. 140 -D.B. 3895, PG. 244 -D.B. 3768, PG. 81 -D.B. 37 43, PG. 120 -D.B. 1541, PG. 320 -D.B. 2654, PG. 464 -D.B. 3420, PG. 15 - P.B. 7, PG. 288 _,_,___ -D.B. 49992, PG. 650 -P.B. 44, PG. 4 (REFERENCE BEARING) GRAPHIC SCALE 0 ~ ~ 100 _ , , 1 INCH= 50 FT. THIS SURVEY WAS PREPARED IN CONFORMITY WITH THE TECHNICAL STANDARDS FOR PROPERTY SURVEYS \ IN GEORGIA AS SET FORTH IN CHAPTER 180-7 OF THE RULES OF THE GEORGIA BOARD OF REGISTR ATION \ FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN Tl-1E GEORGIA PLAT ACT. BOUNDAR Y SURVEY: \ MIKE LAROWAV \ PREPARED BY· <=XBULLARD LAND PLANNJNC ~ 7'164-A HAMPTON PLACE LINE TABLE LOCANVILLE, CEORCIA 30052 LINE LENGTH BEARING PHONE: ('170) 554-8714 rv FAX: (770) 554-8715 L1 25.36 S32°59'07T DATE: 9 /4/2013 LAND LOT: 244 DISTRIC T: 6 TH L1 25.37 N32°59'07"w' CITY: PEACHTREE CORNERS Sheet No. CURVE TABLE COUNTY: GWINNETT SCALE: 1''=50' CURVE LENGTH RADIUS TANGEN DEL TA CHORD BEARING Cl 53.78 89.91 34°16'28 6 52,99 s25•20' 48 6 \./ JOB NUMBER: DATE OF FIELD WORK: B/ 28/ 2013 I' , 11 f I I I I CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PUBLIC HEARING MICHAEL LAROWAY CASE NUMBER: RZ2013-005 PLANNING CITY COUNCIL CITY COUNCIL ST ND COMMISSION 1 READING 2 READING HEARING DATES: 11-12-13 11-19-13 12-3-13 PROPERTY ADDRESS: 5000 South Peachtree Street [/ 1=1 ..:= Alff) Al I TC FElvli\ \I • 11,wlo;b•Oll l\I /F J.A\/ l ; I< I\ I:; H I ~-~ c_-~ ./ .~1 CJ , I J 1.·~: (~:, ,~~ ·1 /:,)( U b-2L4-Cl' \ /i;l\lr IJ C .':;C_ r(=-'.::; Ll=-l\J IIL._ -~­ o r N .. 1hMl , ..1. -E>'.. FE\I SC: I) RFl.J.61\J •;1u1<0.:.L =m1 s 24'[1::<2C,' 1f/ · ,,., ~~I CJl·ZAC~L -u c: .!II, "' ·u; c: ;i: ~ a; Gi Ell\S ., .... c e 0 a.. ID f 0 .<: (.) c 0 u Ul ...,CD 0 Cl c 0 STCRASE ·c;; Bll.S ·s:CD a:: CONCRETE PAVEMENT SITE DATA LOT ADDRESS: 5000 SOUTH PEACHTEREE STREET C.L. OF TRACK PARCEL ID: 6 - 244 - 013, 062, 172 1oo.oo' 0 LOT AREA: z MAIN PROPERTY: 1.725 ACRES LEASE PROPERTY: 0.425 ACRES 7 .r l\I :cc·: . I , r7 , •• TOTAL LOT AREA: 2.150 ACRES JSE PET.A. L CURRENT ZONING: C1 PROPOSED ZONING: C3 I I Ir II\/=-': I IVI =-11 I '.::·' PROPOSED USE: LANDSCAPE MATERIAL STORAGE AND SALES 4•1L 1 rI>• 1 ,/ ./ _) .~. c; ~. TL>< I[:. f3- 2L4-CS8 SETBACKS FRONT YARD: 15' Z:i\IED . j SIDE YARD: O' r;;[TL L =--IC[ REAR YARD: O' \ PARKING SUMMARY REQUIRED SPACES: PROVIDED SPACES: REGULAR SPACES: 8 SPACES HANDICAP SPACES: 1 SPACE <( TOTAL SPACES: 9SPACES (.!) a::: 0 THE EXISTING CONDITIONS AND BASED ON SURVEY w (.!) PROVIDED BY BULLARD LAND PLANNING, DATED SEPTEMBER 4, 2013. I- " u VJ . a::: a::: . I THIS PROPERTY DOES NOT LIE WITHIN THE 100 YEAR I- w I VJ z FLOOD PLAIN AS ESTABLISHED BY FEMA FLOOD a::: Cl 0 INSURANCE RATE MAP PANEL NUMBER 13135C0081F, DATED SEPTEMBER 29, 2006. ::c u I- w <.O w ~ a::: I- " ::c ..... u ..... <( ***CAUnON*** NW I- a... 111£ UTIU11£5 SHOllN HfRfON ARE FOR 111£ CONTllACTORS CON'lfNlfNC£ ONLY. 0 THfRE MAY BE 07HfR UTIU11£5 NOT SHOWN ON THfSE PLANS. 111£ ENGINEER _J >­ ASSUME:S NO RESPONSIBIUTY FOR 111£ LOCATIONS SHOllN AND IT SHALL BE 111£ I­ CONTllACTOR'S RE:SPONSl8/UTY TO l£RIFY ALL UTIU11£5 W/711/N 111£ LIMITS Of Cl z 111£ 111'.JRK. ALL DAMAGE: MADE: TO EXISTING UTIU11£5 8Y 111£ CONTllACTOR SHAU z :::i / BE 111£ SCLE: RESPONSIBIUTY Of 111£ CONTllACTOR. :3 u0 z GRAPHIC SCALE 811 0 1-­ _J :::i ~·;: 20 0 10 ~ ~ 00 ~..:•-:.re•-.1 L_- I 1---1 Know what's below LI.. ( IN FEET ) '\ .. ·· 1 inch = 20 ft Call 811 or (800) 282-7411 Before You Dig Drawing No. Z1 75 Langley Drive • Lawrenceville, GA 30046-6935 (tel) 770.822.7400 • (fax) 770.822.7478 www.gwinnettcounty.com November 21, 2013 Mr. Julian Jackson City Manager City of Peachtree Corners 147 Technology Parkway NW, Suite 200 Peachtree Corners, GA 30092 Dear Mr. Jackson, • As you know, the Intergovernmental Agreement signed by the County and all cities in August regarding use of the SPLOST proceeds Included a section outlining the use and distribution of the $25 Mill!on set aside by the County for the funding of transportation projects jointly with the cities. As part of this agreement, we are to work with the Cities to jointly define eligibility and selection criteria. Jn addition, each of the cities requesting some of these funds is to submit the County with a list of potential projects to be considered. The County's goal is to have a list of projects utilizing both the County and the joint funds approved by our Citizens Project Selection Committee (CPSC) by April 1. 2014. In order to accomplish that, I would like to set up a meeting with all cities collectively or your self-selected representatives to start these discussions. At that meeting, we will be prepared to discuss potential projects we have Identified in the cities for County funding and share our first stab at a ranking/priority system for discussion. We would also like a list of potential projects to be considered by each of the cities, if available, to give an Idea of the scope. If possible, I'd like to have a meeting here at our offices in Lawrenceville, preferably at 9:00AM on the morning of either December 4, 5 or 6 (Wed, Thurs, Fri). Please have staff contact Amanda Reed of my office at 770.822.7417 or amanda.reed@gwinnettcounty.com regarding the preferred date. Thank you for your assistance and I look forward to working with you on this exciting task. Sincerely, M~~. o;root0< Gwinnett County Department of Transportation c: Randy Meacham, Gwinnett Municipal Association Sec. 6-42. - Brownbagging; when BYOB is allowed. It is prohibited for any person to bring his own alcoholic beverage into any retail establishment without regard to whether such establishment is licensed to serve alcoholic beverages except as follows: (1) Any person dining at a retail establishment licensed to sell wine and/or malt beverage for consumption on the premises may bring an unopened bottle of wine and/or malt beverage into said establishment for consumption if the establishment has a policy permitting same. (2) Any person who is a patron of a theater, art gallery, book store, hair salon, nail salon, spa, live music or comedy venue may bring an unopened bottle of wine and/or malt beverage into the establishment for consumption on the premises, provided: (a) the owners or their agents have a policy permitting a patron to bring an unopened bottle of wine and/or malt beverage into the business establishment for consumption on the premises, (b) the establishment is licensed as required hereinafter and; (c) the business establishment does not meet the requirements for an alcoholic beverage license as described in Article II of this chapter. (3) Any wine or malt beverage not consumed at a business establishment, as described in subsections (1) and (2) of this section, shall be disposed of at the premises and not carried out in an open container, except that the business establishment may able to reseal and repackage the opened bottle of wine as required by O.C.G.A. § 3-6-4. (4) A retail establishment, as described in subsection (2), shall be required to be licensed by the city and meet all application requirements and be governed by the ordinance provisions as set forth in section 9 of this chapter. Further, no retail establishment so licensed shall have any employee under the age of 18 working in the establishment, and the retail establishment shall have an established closing time no later than 10:00 p.m. The fee for a retail establishment to permit wine and/or malt beverage to be brought into the establishment, as described in subsection (2), shall be in an amount as set by resolution of the city council, which amount shall remain in effect until modified or amended by subsequent resolution adopted by the city council. (5) All applicable state laws and city ordinances which address the use and serving of alcoholic beverages shall apply to this section. (6) For purposes of this section, the term retail establishment shall not include a private hotel room or other similar guestroom or a private club.

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