April 17, 2006 Public Hearing/Work Session CITY OF ACWORTH

April 17, 2006
Public Hearing/Work Session
CITY OF ACWORTH GEORGIA
4415 SENATOR RUSSELL AVENUE
ACWORTH, GEORGIA 30101
MAYOR AND BOARD OF ALDERMEN
PUBLIC HEARING/WORK SESSION
6:30 P.M. BOARD ROOM
MONDAY, APRIL 17, 2006
1. Call to Order
2. Consideration of preliminary plat approval for Acworth Northside, a 35-lot singlefamily residential subdivision at the end of Northside Drive.
3. Consideration for conceptual site plan approval for a 5,996 square foot Chili’s
Restaurant at 3339 Cobb Parkway NW.
4. Facility Use Regulations
5. Consideration of QuikTrip Corporation’s request to amend an approved concept
plan for the Wal-Mart Supercenter near the intersection of Cobb Parkway and
Route 92.
6. Consideration of Alcohol License Application for a temporary license for
consumption sales of beer for Garrett Mark Abdo of Luciano’s On The Lake of
Lake Arrowhead, Waleska, GA, caterer for the Pro Wakeboard Tour at Dallas
Landing Park, May 4 through May 7, 2006.
7. Discussion of additional scope of engineering services for previously awarded design
contract to MACTEC Engineering, Inc. for survey, geo-technical, concept,
mitigation /variance plan for expanded design of Downtown Parking Improvements,
for the amount up to $26,800.00, and authorize Mayor to sign the amendment.
8. Pay Scale Adjustments
9. Discussion of HB 1313 - Landowner’s Bill of Rights
10. Adjournment
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.
BOARD OF ALDERMEN
AGENDA ITEM BACKGROUND SHEET
DEPARTMENT:
Economic Development – Planning & Zoning
ITEM/AGENDA DESCRIPTION:
Consideration of preliminary plat approval for Acworth Northside, a 35-lot single-family
residential subdivision at the end of Northside Drive. (Currently zoned R-2, Single
Family Residential).
AGENDA DATE:
4/17/06 & 4/20/06
STAFF RECOMMENDATION:
Staff recommends approval of the preliminary plat with stipulations.
BACKGROUND:
In February 2005 the applicant first presented this development to the City for
preliminary plat approval. The request was tabled pending further review by staff due to
concerns regarding (a) a portion of the development being in Bartow County, (b) possible
state waters and (c) the substandard width of Northside Drive. The applicant has since
revised the plat by proposing to develop only property within Cobb County and
indicating state waters and appropriate buffers on the preliminary plat. The developer has
also purchased additional property at the entrance to the development to aid in the
proposed improvements to Northside Drive. The developer has also requested a variance
from the stream buffer requirement surrounding the easternmost stream delineated on the
plan.
The proposed development was discussed at the April 3, 2006 Board of Aldermen
meeting. At that meeting, the board asked for more detailed information on
improvements to the Northside Drive right-of-way and asked that staff notify residents in
the area surrounding the development. Drawings will be presented Monday night for
Board review showing a 22 ½ foot street width (from face of retaining wall adjacent to
the railroad to proposed face of curb) and sidewalk from the subject property to McLain
Circle. Staff has prepared a draft stipulation letter (see attached) outlining requirements
for this development.
If approved, the applicant will submit civil site construction plans (including a plan for
improvements within the Northside Drive right-of-way) for review by City staff and the
City’s consulting engineer. Staff has reviewed the preliminary plat and finds that it meets
all lot size, width, and frontage requirements as required by the Zoning Ordinance.
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 Northside Aerial
Acworth Northside Site Plan
Existing Northside Drive
Acworth Northside Draft Stipulation Letter and Preliminary Plat Staff Report attached below:
Stipulation Letter granting approval of a preliminary plat for Acworth Northside
subdivision, a 35-lot single-family residential subdivision located at the end of Northside
Drive.
April 20, 2006
The preliminary subdivision plat is approved, subject to the following stipulations:
1. House plans, elevations and materials shall be consistent with those shown on the preliminary
plat dated January 12, 2005.
2. The preliminary plat is approved with a variance from the City’s stream buffer requirements
for the easternmost stream delineated on the plat in order to create three additional lots.
3. The developer shall provide to City staff for review and approval a detailed construction plan
for the widening of Northside Drive and other improvements within the Northside Drive rightof-way. The plan shall include the footprint (front edge) of existing dwellings along Northside
Drive and the front and side boundary lines of all lots having frontage on Northside Drive
from the subject property to McLain Circle. The developer acknowledges and agrees that the
plan shall include the following improvements to Northside Drive:
a) Northside Drive shall be widened to 22 ½ feet (from face-of-curb to face-of-curb) from the
subject property to McLain Circle
b) A sidewalk, no less than 4 feet in width, shall be constructed from the subject property to
McLain Circle.
c) The required widening of Northside Drive shall include installation of curb and gutter.
d) Electric, telephone and cable television lines that are currently overhead shall be placed
underground as part of the street improvements from Fowler to the subject property.
The construction plans for the right-of-way improvements shall be approved by the City prior
to the issuance of the LDA permit for the subject property. All construction within the rightof-way shall be completed according to the approved plan unless the City expressly approves
amendments. Any City approval is conditioned upon approval by other affected utility
providers. The developer further acknowledges that the improvements to the Northside Drive
right-of-way described above shall be complete prior to issuance of occupancy permits within
this subdivision.
4. Additional documentation regarding the presence of state waters on the subject property shall
be submitted to the City prior to issuance of an LDA permit.
5. The development shall adhere to the stipulations set forth in Section 69.4, [B] of the City of
Acworth Zoning Ordinance.
6. 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.
STAFF REPORT AND IMPACT STATEMENT:
March 22, 2006
To:
City of Acworth Planning and Zoning Board
From:
Christine Dobbs, Zoning Administrator
Subject:
The consideration of a preliminary plat to subdivide a parcel of land located at the
end of Northside Drive allowing for a 35 lot single family residential development
on 19.88 acres of land currently zoned R-2 (Single Family Residential) in the City
of Acworth.
Background: As you may recall, in February 2005 the applicant first presented this
development to the City for preliminary plat approval. The request was tabled pending further
review by staff due to concerns regarding the development crossing over county lines (into
Bartow County) as well as possible state waters and safety issues regarding the width of
Northside Drive. The applicant has since revised the plat reducing the number of lots from 38 to
35 and incorporated the state waters with the appropriate buffers. The developer has also
purchased additional property at the entrance to the development to aid in the proposed
improvements to Northside Drive.
In accordance with section 69.4, B, 3 of the City of Acworth Zoning Ordinance, “The Planning
Commission shall review all Preliminary Plats for subdivisions of 5 units or greater and shall
make a recommendation to the Mayor and Board of Aldermen.” The applicant is requesting the
subdivision of a lot containing 19.88 acres to create 35 single family residential lots. Due to the
changes in the preliminary plat, this is now returning to the Planning & Zoning Commission for
a re-review prior to the Mayor and Board of Aldermen consideration.
The property is currently zoned R-2 within the city limits of Acworth. This zoning allows for
single family residential lots with a minimum of 12,000 square feet in size. The property
contains 19.88 acres within the City of Acworth.
STAFF RECOMMENDATION:
Staff recommends approval of the request with the following stipulations:
1. House plans, elevations and materials shall be in character to those shown on the
preliminary plat dated January 12, 2005.
2. The developer shall work with City staff to provide a survey of properties fronting
Northside Drive between Fowler Street and the subject property. Once the surveys are
reviewed by City staff, the developer shall work with the City to provide appropriate road
improvements, including but not limited to additional road pavement, curb and gutter or
other necessary improvements to widen Northside Drive from Fowler Street entering into
the subject property. All proposed right-of-way improvements and surveys shall be
approved by the City prior to the issuance of the LDA permit on-site.
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.
BOARD OF ALDERMEN
AGENDA ITEM BACKGROUND SHEET
DEPARTMENT:
Economic Development – Planning & Zoning
ITEM/AGENDA DESCRIPTION:
QuikTrip Corporation’s request to amend an approved concept plan for the Wal-Mart
Supercenter near the intersection of Cobb Parkway and Route 92.
AGENDA DATE:
4/17/06 & 4/20/06
STAFF RECOMMENDATION:
Staff recommends denial of the request to amend the approved concept plan for WalMart.
BACKGROUND:
QuikTrip, the new gas station and convenience store at the corner of Cobb Parkway and
Route 92, has requested (with co-signature by Wal-Mart) to amend the approved WalMart site plan. Specifically, QuikTrip is requesting to replace a 5-foot landscape berm
and row of Leyland cypress trees (which are required by stipulation) with willow oak and
yoschino cherry trees. QuikTrip is making this request to improve the visibility of their
store from northbound traffic on Cobb Parkway. As part of their request, QuikTrip also
proposes to plant additional trees on surplus property north of QT that fronts Highway
92.
On June 6, 2005 the Mayor and Board of Aldermen approved a conceptual site plan for
Wal-Mart and Stipulation Letter 2005-16. The approved plan included a 5-foot berm and
continuous row of Leyland cypress tress to screen view of the south side of the Wal-Mart
building, which includes a trash compactor and service drive. A “visual corridor”, which
reserves area that kept relatively clear of trees or other objects that would obstruct the
view of QuikTrip from Cobb Parkway is included on the site plan. “See attached image
labeled “approved concept plan”.
The final site plan for Wal-Mart was approved by staff on January 12, 2006. This plan
includes the 5-foot landscape berm, row of Leyland cypress trees and a 6-foot high wood
fence. See attached images labeled “final landscape plan” and “final grading plan”.
QuikTrip presented a conceptual plan with their request to annex and rezone their site,
which was approved on October 3, 2003. QuikTrip recently completed construction and
opened their business.
Staff recognizes that QuikTrip’s proposal would improve the visibility of their store.
However, the berm, Leyland cypress row and fence included on Wal-Mart’s final plan
screen a very large side wall, a service drive and the store’s trash compactor area.
Therefore staff recommends denial of QuikTrip’s request.
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:
1) QuikTrip letter of request
2) requested plan amendment
3) approved concept plan
4) final landscape plan
5) final grading plan
6) supplemental QT letter
BOARD OF ALDERMEN
AGENDA ITEM BACKGROUND SHEET
DEPARTMENT:
Administration
ITEM/AGENDA DESCRIPTION:
Approval of Alcohol License Application for a temporary license for consumption
sales of beer for Gary Abdo of Luciano’s On The Lake of Lake Arrowhead,
Waleska, GA, the caterer for the Pro Wakeboard Tour at Dallas Landing Park,
May 4 through May 7, 2006.
AGENDA DATE:
April 17, 2005
STAFF RECOMMENDATION:
Staff recommends approval of Gary Abdo’s Alcohol License Application for a
temporary permit for consumption sales of beer for the Pro Wakeboard Tour at
Dallas Landing Park, May 5, 6, and 7, 2006.
BACKGROUND:
Applicant has submitted his application and paid the fees of $100.00, and
according to the Alcohol Ordinance, the Mayor and Board will review the application and
make a final decision. Our Ordinance allows a permit for three days.
FISCAL IMPACT:
None
ATTACHMENTS:
None.
BOARD OF ALDERMEN
AGENDA ITEM BACKGROUND SHEET
DEPARTMENT:
Economic Development – Planning & Zoning
ITEM/AGENDA DESCRIPTION:
Consideration for a conceptual site plan approval to allow for the construction of a 5,996
square foot Chili’s Restaurant. The property is located at 3339 Cobb Parkway NW, and
is currently zoned C-2 (Community Retail Commercial).
AGENDA DATE:
4/17/06 & 4/20/06
STAFF RECOMMENDATION:
Staff recommends approval of the Conceptual Site Plan request, with the following stipulations:
1. All previous stipulations listed in Ordinance #2001-47 and Stipulation Letter #2005-35
shall be adhered to, if applicable.
2. The development shall adhere to the stipulations set forth in Section 69.4 [A] of the City
of Acworth Zoning Ordinance.
3. The façade of the building shall be approved as presented to the Mayor and Board of
Aldermen.
4. The development shall meet all City of Acworth Codes and the provisions of the Zoning
Ordinance and Subdivision Regulations unless specifically approved otherwise by the
Mayor and Board of Aldermen.
BACKGROUND:
This property is a part of the Acworth Crossing development adjacent to the Home Depot
on Cobb Parkway. As you may recall, in December 2005 this 18 acre property received a
revised conceptual approval with stipulations. The applicant is requesting to construct a
Chili’s restaurant on an outparcel of this development. Staff has reviewed the plan and
finds that it meets the City’s codes including parking and setbacks. The applicant has
also provided elevations of the proposed building, which shows a brick, stone, and EIFS
(stucco) facade.
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:
Chilis Elevations
Chilis Site Plan
BOARD OF ALDERMEN
AGENDA ITEM BACKGROUND SHEET
DEPARTMENT:
Public Works Department (SPLOST Funded Project)
ITEM/AGENDA DESCRIPTION: Approve additional scope of engineering services to
previously awarded design contract to; Mactec Engineering Inc. Services for survey, geotechnical, concept, mitigation /variance plan for expanded design of Downtown Parking
Improvements, in the amount up to $26,800. Authorize Mayor to sign amendment.
AGENDA DATE:
4/20/06
STAFF RECOMMENDATION: Add scope changes to existing design contract approved by
the Board on 11/3/05 to Mactec Engineering Inc. for the survey, concept, State buffer variance/
mitigation plan and expanded design of Downtown Parking Improvements behind the County
Library and on two recently acquired residences on Dallas St.
BACKGROUND: The City identified Downtown Parking Improvements as a SPLOST priority
project. The Board approved initial design work, however with the recent addition of 4559
Dallas Street, additional design and survey work are required. Since there are State Waters
(Acworth Creek) that need to be filled for total build out of the proposed parking lot (westerly
toward Mill. St.) a State approved variance is required to pipe and fill the State 25’ buffer, with
COE concurrence. State stream bank buffer variance procedures require a mitigation plan and
other engineering and statistical data. Approval from the State to encroach is not a foregone
conclusion and can be quite lengthy. In order to start construction while awaiting variance
approval/disapproval, engineering plans are required to construct up to the State’s 25’ buffer
line. If the variance is granted, construction can proceed westerly towards Mill St. If the variance
is not approved, the parking lot will be completed that much sooner and challenges can then be
made to reverse the denial.
FISCAL IMPACT: Funds to be allocated from SPLOST line item; 361-42202-52.1215
Engineering
ATTACHMENTS: None
CURRENT POLICY (Passed in 2005)
Non Profit Organizations. All non-profit organizations who are recognized by the
Mayor and Board of Aldermen and who’s physical organization address lies within the
city limits of Acworth will receive Roberts School and pavilions at no charge, but are
required to place the required deposit on the facility.
All non-profit organizations outside of the city limits will be required to pay the city
resident fee and place the required deposit on the facility. Non profit organizations
located within the city limits will be required to pay the full city resident fee for the
Beach House and required deposit, and non profit organizations located outside of the
city limits will be required to pay the full non resident fee for the Beach house along with
the required deposit.
POLICY REVISION (Proposed)
Civic Organization and Non Profit Facility Use Policy
Organization A. All volunteered based civic organizations that serve the City of
Acworth and/or are in the community’s best interest may use Roberts School and
pavilions at no charge, but must place the required deposit on the facility. These civic
organizations shall be required to pay the full city resident fee for the Beach House and
required deposit.
Organization B. All civic and non-profit organizations that do not serve the City of
Acworth and/or are not in the community’s best interest will be required to pay the city
resident fee and place the required deposit on Roberts School and pavilions. These civic
and non-profit organizations will be required to pay the full non-resident fee for the
Beach house along with the required deposit. These organizations include a civic group
or non-profit organization that has an individual or individuals that are part of the
organization at the local level that are providing services to the organization and earning
income off of the use of the facility on a regular basis.
Organization C. All homeowners associations located within the city limits of Acworth
may use Roberts School and pavilions at no charge for meetings or group outings, but
must place the required deposit on the facility. These associations shall be required to
pay the full city resident fee for the Beach House and required deposit.
Organization D. All homeowners associations located outside of the city limits of
Acworth shall pay the full non-resident rate for all facilities.
Organization E. Sports Associations that are affiliated with the City of Acworth Parks
and Recreation Department and use city park facilities under the guidance of the city may
use Roberts School and pavilions at no charge, but must place the required deposit on the
facility. These sports organizations shall be required to pay the full city resident fee for
the Beach House and required deposit.
Organization F. Sports Associations that are not affiliated with the City of Acworth
Parks and Recreation Department and do not use city park facilities will be required to
pay the city resident fee and place the required deposit on Roberts School and pavilions.
These sports organizations shall be required to pay the full applicable fee for the Beach
House and required deposit.
Organization G. All clubs and organizations recognized and affiliated with public
schools within the city limits of Acworth may use Roberts School and pavilions at no
charge, but must place the required deposit on the facility. These schools shall pay the
full city resident fee for the Beach House and Required Deposit.
Organization H. All public schools outside of the city limits and private schools may use
Roberts School and pavilions and pay the applicable fee and place the required deposit on
the facility. These schools will be required to pay the full applicable fee for the Beach
house along with the required deposit and must place the required deposit on the facility.
These schools shall be required to pay the full applicable fee for the Beach House and
required deposit.
Organization I. All church organizations located inside of the city limits may use
Roberts School and pavilions at no charge, but must place the required deposit on the
facility. These churches shall be required to pay the full city resident fee for the Beach
House and required deposit. No church shall use any city facility as its primary location
for conducting services or use the facility as its organizational address.
Organization J. All church organizations located outside of the city limits may use
Roberts School and pavilions and must pay the non resident fee and required deposit on
the facility. These churches will be required to pay the full non-resident fee for the
Beach house along with the required deposit. No church shall use any city facility as its
primary location for conducting services or use the facility as its organizational address.
The Mayor and Board of Aldermen shall approve all extended uses and special events.
The Parks and Recreation Director shall have the authority to approve one time uses.
The city council shall approve the initial application for use for a maximum of 90 days
for extended uses. The parks and recreation director shall have the authority to approve
the organization’s use in 90-day increments after the initial approval has been given
through the city council.
The city council reserves the right to approve or deny any and all uses of city facilities
regardless of organizational status.