11/19 City of Chamblee City Council Meeting

CITY OF CHAMBLEE, GEORGIA

City Council Regular Meeting

Agenda – November 19, 2013 – 7:30 PM

1. Call to Order

Pledge of Allegiance

2. Announcements and Presentations

3. Staff Action Items

A. City Clerk

i. Approval of Minutes

1. City Council - Public Hearing - Work Session - Oct 10, 2013

6:00 PM

2. City Council - Regular Meeting - Oct 15, 2013 7:30 PM

B. City Manager

1. Employee Holiday Gift Cards

2. Schedule Zoning Ordinance Review Meetings

3. Public Works Director Job Description Modification

4. Public Works Department Work Schedule

5. Parking Study

C. Development Department

1. Rezoning - Keswick Manor Subdivision at 5140 R Peachtree Blvd.;

5158 Peachtree Blvd.; 5172 R. Peachtree Blvd - 2013Z-002

2. Variances - Keswick Manor Subdivision at 5140 R Peachtree Blvd.;

5158 Peachtree Blvd.; 5170 R Peachtree Blvd - 2013V-015

a. Variance #1: A variance for Lot 10 from Section 1004 which

requires a minimum rear yard setback of 30 feet on all lots.

The applicant requests a 20 foot rear yard setback for lot 10.

b. Variance #2: A variance for five lots from Section 903.B that

requires a minimum 30 foot front yard setback for all lots.

The applicant requests a 10 foot front yard setback for lots 1

through 5.

c. Variance #3: A variance from Section 513 to allow private

drives as the means for access for lots 1-5; and a waiver of

the Subdivision Regulations, Section 4.3 that limits private

driveways to serving two or fewer lots.

3. Variance: Plaza Del Sol, 5522 New Peachtree Road 2013V-17

Part 1: Variance to General Use Provisions:

a. Variance #1A: A variance from Section 617 A. that requires

a place of worship to be on a road that has at least four

lanes in order to locate a church on New Peachtree Road

which does not have four lanes.

b. Variance #1B: A variance from Section 617 B. that requires

the building housing a place of worship be set back as

required by the applicable zoning district (20 ft. in Village

Commercial) whereas the existing building setback on the

rear property line is less than 20 ft.).

c. Variance #1C: A variance from Section 617 D. that requires

a place of worship to have a planted buffer strip at least ten

feet in width along the side and rear property lines to allow a

planted buffer strip that is less than ten feet in width at

certain places.

Part 2: Sign Variances:

a. Variance #2A: A variance from Section 1307 B.2.b. that

requires that a planned center with one street frontage may

have only one principal freestanding sign in order to erect

two signs on the same street frontage.

b. Variance #2B: A variance from Section 1308.B.3 that limits

maximum height of a monument sign to 8 feet in order to

erect two signs that are 12 feet in height.

c. Variance #2C: A variance from Section 1308.B.5 that limits

maximum sign area to 64 feet in order to erect two signs

having approximately 90 square feet each.

d. Variance #2D: A variance from Section 1308.B.6.c. that

requires that signs greater than 64 square feet in area be a

minimum of 2,000 feet apart in order to construct two such

signs that are approximately 435 feet apart

4. Variance: 3056 Park Lane 2013V-18

a. Part 1: Stream Buffer Variance: A variance from Section 34-

1005(a)(2) that requires a 25 ft. setback of any impervious

surface from the 50 ft. natural, undisturbed buffer.

b. Part 2: Variance from Section 512: A variance for the

application to build a new house with a threshold elevation of

954.0 compared to the threshold evaluation of the existing

house, which is 951.59. This is not an equivalent elevation.

The threshold of the new house would be 36.0 ft. from the

right-of-way of Park Lane – 3 ft. closer that the threshold of

the existing house that is 40.8 ft. from the right-of-way.

5. Resolution to Support Nancy Creek Watershed Management

6. Final Plat Approval - 1888 Dyer Circle 2013PLAT-004

D. Police Department

E. Parks & Recreation

F. Finance

G. Public Works

1. Declare Vehicle Surplus

4. City Attorney

A. 1st Reading of Ordinances

1. Adoption of New Zoning Map

B. 2nd Reading of Ordinances

1. Zoning Ordinance Text Amendment – Institutional Uses and Places

of Worship

2. Zoning Ordinance Text Amendment - Outdoor Storage and Vehicle

Sales

3. Adoption of New Ethics Ordinance

5. Mayor and Council Items

A. Mayor Clarkson

B. Councilman Wedge

C. Councilwoman Robson

D. Councilman Hogan

E. Councilman Zanger

F. Councilman Taylor

6. Citizen Comments

7. Executive Session

8. Adjournment


City Council Public Hearing - Work Session

Minutes – October 10, 2013 – 6:00 PM

Public Hearings

The Mayor read the Rules of Order for a Public Hearing concering Zoning

matters.

1. Rezoning - Keswick Manor Subdivision - 2013Z-002

Gary Cornell, Development Director, read the staff report which included

the current zoning, current use, surrounding land uses, future

development map, site description, project description, background and

recommendations for the multi-part variance request for several sections

of the Zoning Ordinance.

The staff recommended deferring action to November Public Hearing and

Work Session to allow time for the applicant to amend the site plan and

the boundaries of the application and to meet with neighborhood

representatives.

Doug Dillard, with Weissman, Nowack, Curry & Wilco, PC, representing

the applicant, formally requested a deferral. The Mayor and Council

discussed and agreed, by consent, to defer the public hearing in

November.

RESULT: POSTPONED

2. Variances - Keswick Manor Subdivision - 2013V-015

Without objection the Mayor and Council, by consent, agreed to defer this

item to the November Public Hearing and Work Session.

RESULT: POSTPONED

3. Variances -Perimeter Park Planned Unit Development - 2013V-014



development map, site description, project description, waiver request,

analysis and recommendations for the multi-part variance request.

3.A.1.1

Packet Pg. 5

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)

Brian Davidson, with Minerva USA, spoke in favor of the Variance request.

No one spoke in opposition.

Council member Hogan asked a couple of questions of the applicant. The

Mayor and Council asked several questions of staff.

RESULT: CONDUCTED

4. Variances - 5070 and 5126 Peachtree Blvd.- 2013V-012



development map, site description, site history, project description,

analysis and recommendations for the multi-part variance request and

waiver request.

Carl Westmore, Rick Bradshaw, representing the applicant TPA-

Peachtree, LLC, and Michael Thomas and Mr. Hudson with the

development team, spoke in favor. No one spoke in opposition.

Several questions were asked of Council to the applicant and staff.

RESULT: CONDUCTED

5. Zoning Ordinance Text Amendment - Planned Unit Developments

Gary Cornell, Development Director, introduced the purpose of the Zoning

Ordinance Text Amendment for Planned Unit Development (PUD). Mr.

Cornell discussed the recommendations.

No one spoke in favor or opposition of the recommended ordinance.

There were also no comments from the Mayor or Council.

RESULT: CONDUCTED

6. Zoning Ordinance Text Amendment - Interpretation of Permitted Uses


Ordinance Text Amendment for Interpretation of Permitted Uses. Mr.

Cornell discussed the recommendations.


3.A.1.1

Packet Pg. 6

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)

There were also no comments from the Mayor or Council.

RESULT: CONDUCTED

7. Zoning Ordinance Text Amendment - Street Trees in Public Rights of Way

Near Billboards


Ordinance Text Amendment for Street Trees in Public Rights of Way Near

Billboard. Mr. Cornell discussed the recommendations and the conflicts

between the state and city ordinance.


There was discussion between the Mayor, Council and staff.

RESULT: CONDUCTED

1. Call to Order

Roll Call

Mayor Eric R. Clarkson: Present, Council District 1 Mark Wedge: Present,

Council District 2 Leslie C. Robson: Present, Council District 3 Thomas S.

Hogan II: Present, Mayor pro tem Scott Taylor: Present, Council At-Large

Seat Dan Zanger: Present, Police Chief Marc Johnson: Present, Gary

Cornell: Present, Public Works Director Tillman Hannon: Present, Finance

Director Travis Sims: Present, Parks & Recreation Director Joel Holmes:

Present, City Clerk Emmie Niethammer: Present.



A. City Clerk

1. Approval of Minutes

a. City Council - Public Hearing - Work Session - Sep 12, 2013

6:00 PM

b. City Council - Regular Meeting - Sep 17, 2013 7:30 PM

3.A.1.1

Packet Pg. 7

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)

B. City Manager

1. Arts Incubator Update

No update was given.

RESULT: REVIEWED Next: 11/14/2013 6:00 PM

2. Group Insurance Benefits Renewals for 2014

Marc Johnson, acting City Manager, introduced the Brent Morris

with Peachtree Benefit Group. Mr. Morris discussed current

renewal, competitive data, trends, and the Affordable Care Act fees

and taxes. Peachtree Benefit Group recommended the city stay

with the current carriers with all lines of coverage.

Council member Hogan asked Mr. Morris to discuss health care

reform, the Affordable Care Act and the Exchange and how it

impacts the City.

Chief Johnson also discussed the contribution strategy

recommendations. He also discussed the possibility of Wellness

and Tobacco use discounts for the 2015 plan year. We would like

to let employees know these possibilities will exist so they can

begin to make plans in 2014.

RESULT: REVIEWED/DISCUSSED Next: 10/15/2013 7:30 PM


Marc Johnson, acting City Manager, presented and walked the

Council through the proposed new Ethics Ordinance.


4. Reschedule Planning Retreat

Marc Johnson, acting City Mananger, requested the Council delay

the strategic planning retreat until January 2014 to allow the vote

for the proposed annexation to occur.

Chief Johnson, recommended the Public Hearing for the budget be

held on January 21, 2014. This would allow the retreat to be held

3.A.1.1

Packet Pg. 8

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)

on January 4, 2014 which would start with a presentation by each

department director to discuss the budget. It would allow two

evenings in November or December discussed zoning ordinances.



1. Rezoning - Keswick Manor Subdivision at 5140 R Peachtree Blvd.;

5158 Peachtree Blvd.; 5172 R. Peachtree Blvd - 2013Z-002

Defered to November Public Hearing and Work Session.


2. Variances - Keswick Manor Subdivision at 5140 R Peachtree Blvd.;

5158 Peachtree Blvd.; 5170 R Peachtree Blvd - 2013V-015

Defered to November Public Hearing and Work Session.


3. Variance: 5193 Peachtree Boulevard - 2013V-012

This item was defered in to this meeting at the September 2013

meeting. Gary Cornell, Development Director, read the staff report

which included the current zoning, current use, surrounding land

uses, project description, background and recommendations for the

multi-part variance request and waiver for several sections of the

Zoning Ordinance.

Steven Macauley with Macauley and Schmidt was available to

answer questions of Council. The Mayor thanked Mr. Macauley

and staff for their hard work to remove about fifty percent of the

original variance items requested.


4. Variances - Perimeter Park Planned Unit Development - 2013V-014


5. Variances & Waiver - 5070 and 5126 Peachtree Blvd.- (Former

Great Gatsby ) - 2013V-013

3.A.1.1

Packet Pg. 9

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)


6. Zoning Ordinance Text Amendment – Institutional Uses and Places

of Worship

Gary Cornell, Development Director, discussed the proposed

Zoning Ordinance Text Amendments for Institutional Uses and

Places of Worship. Staff is recommending the repeal of Section

617 in its entirety.


7. Discussion of Issues with Non-Conforming Uses

Gary Cornell, Development Director, discussed issues with non-

conforming uses within a certain district. This issue came up with

Madison Storage while they were trying to refinance. The current

Zoning Ordinance does not provide a method of granting a "use

variance" that would permit Council to grant a special exception for

this property to be considered "conforming" again.

There was discussion between Mayor, Council, and staff on this

topic and if the Mayor and Council wanted to make these types of

decisions.

RESULT: REVIEWED/DISCUSSED

8. Discussion of Approved Understory Tree Species for Street Trees

Gary Cornell, Development Director, requesting guidance from the

Mayor and Council regarding the appropriate species of street trees

to permit in areas within 500 feet of a billboard where new state

legislation prohibits planting of trees that would block the view of

billboards. There are several sections of the ordinance that all

cover understory tree species. Staff feels it would be beneficial to

consolidate the lists and define the potential uses.



1. Approval of Purchases & Budget Amendments Due to Annexation

3.A.1.1

Packet Pg. 10

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)

Chief Johnson is requesting the approval of purchases and budget

amendments should the annexation referendum passing and only

take effect at that time. This includes police equipment and salary

needed for the proposed annexation area.


2. Police Department Authorized Strength If Annexation is Approved

Chief Johnson is requesting the approval of 23 sworn (19 patrol

officers, 3 detectives, 1 professional standards) and 5 non-sworn

positions (2 communication officers, 1 detention supervisor, 1

technology specialist, 1 executive assistant) for the police

department should the annexation referendum passing and only

take effect at that time.

There was some discussion between the Mayor, Council, and Chief

Johnson regarding the pending ruling from the Supreme Court on

Century Center.



F. Finance

G. Public Works

4. City Attorney


1. Zoning Ordinance Text Amendment - Outdoor Storage and Vehicle

Sales

The first reading will occur on Tuesday evening.

3.A.1.1

Packet Pg. 11

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)




The second reading of this ordinance will occur on Tuesday

evening.


2. Zoning Ordinance Text Amendment - Interpretation of Permitted

Use


evening.


3. Zoning Ordinance Text Amendment - Street Trees in Public Rights

of Way Near Billboards


evening.


4. Alcohol Ordinance Amendment


evening.

3.A.1.1

Packet Pg. 12

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)



A. Mayor Clarkson

B. Councilman Wedge


D. Councilman Hogan



1. Empty Stocking Fund

Council member Taylor presented the needs and opportunities for

volunteers to support the Empty Stocking Fund which is being lead

by members of the ROTC at Chamblee High School. The group is

looking for ways the city can assist.

RESULT: PRESENTED AND DISCUSSED

6. Citizen Comments

Van Pappas, resident at 493 Commodore Drive, recognized all the good work

Tillman Hannon has done in Public Works. Mr. Hannon is retiring.

1. Motion to go into Executive Session to discuss a personnel matter.

RESULT: DEFEATED [2 TO 3] MOVER: Leslie C. Robson, Council District 2 SECONDER: Mark Wedge, Council District 1 AYES: Wedge, Robson NAYS: Hogan II, Taylor, Zanger


The meeting adjourned at 9:15 pm.

3.A.1.1

Packet Pg. 13

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

0, 2

013

6:00

PM

(A

pp

rova

l of

Min

ute

s)


City Council Regular Meeting

Minutes – October 15, 2013 – 7:30 PM

1. Call to Order

Roll CallMayor Eric R. Clarkson: Present, Council District 1 Mark Wedge: Present, Council District 2 Leslie C. Robson: Present, Council District 3 Thomas S. Hogan II: Present, Mayor pro tem Scott Taylor: Present, Council At-Large Seat Dan Zanger: Present, Police Chief Marc Johnson: Present, Finance Director Travis Sims: Present, City Clerk Emmie Niethammer: Present, City Attorney Joe Fowler: Present, Parks & Recreation Director Joel Holmes: Present.

Pledge of Allegiance



A. City Clerk

1. Approval of Minutes

1. City Council - Public Hearing - Work Session - Sep 12, 2013 6:00 PM

Motion to approve the minutes as submitted.

RESULT: ACCEPTED [UNANIMOUS]MOVER: Leslie C. Robson, Council District 2SECONDER: Thomas S. Hogan II, Council District 3AYES: Wedge, Robson, Hogan II, Taylor, Zanger

2. City Council - Regular Meeting - Sep 17, 2013 7:30 PM

Motion to approve the minutes as submitted.

3.A.1.2

Packet Pg. 14

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)

RESULT: ACCEPTED [UNANIMOUS]MOVER: Leslie C. Robson, Council District 2SECONDER: Thomas S. Hogan II, Council District 3AYES: Wedge, Robson, Hogan II, Taylor, Zanger

B. City Manager

1. Group Insurance Benefits Renewals for 2014

Motion to approve continued coverage with BCBS as recommended by the City Manager.

RESULT: ADOPTED [UNANIMOUS]MOVER: Scott Taylor, Mayor pro temSECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan II, Taylor, Zanger

2. Reschedule Planning Retreat

Motion to approve Saturday, January 4, 2014 for the Planning Retreat as well as Tuesday, January 21, 2014 for the Budget Public Hearing.



1. Variance: 5193 Peachtree Boulevard - 2013V-012

A. Waiver of Section 93-1(b) requiring concrete and steel framing for buildings with 3 or more floors;

Motion to grant the Waiver.

3.A.1.2

Packet Pg. 15

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)

RESULT: ADOPTED [4 TO 1]MOVER: Leslie C. Robson, Council District 2SECONDER: Thomas S. Hogan II, Council District 3AYES: Wedge, Robson, Hogan II, ZangerNAYS: Taylor

B. Variance #1: a variance from Section 407 A to allow more than 80 percent of the developed floor area of a mixed-use building to be residential:

Motion to approve a variance from Section 407 A to allow more than 80 percent of the developed floor area of a mixed-use building to be residential with conditions as read from the staff report by the Development Director.

RESULT: ADOPTED [4 TO 1]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan II, ZangerNAYS: Taylor

C: Variance #6: a variance from Section 908 A.1 and 3. regarding the division of the site into 600 foot blocks and the provision of inter-parcel vehicle access points to contiguous property on the North;

Motion to grant the variance with the conditions.

RESULT: ADOPTED [UNANIMOUS]MOVER: Leslie C. Robson, Council District 2SECONDER: Thomas S. Hogan II, Council District 3AYES: Wedge, Robson, Hogan II, Taylor, Zanger

D. Variance #8: a variance from Section 1007 and 1006 A. regarding the minimum floor area of residential units:

Motion, with a friendly amendment from Council member Hogan, to approve Variance #8: a variance from Section 1007 and 1006A regarding minimum floor area of residential units with a minimum unit size of 600 square feet with the conditions set forth by the Development Director.

3.A.1.2

Packet Pg. 16

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)

RESULT: ADOPTED [4 TO 1]MOVER: Leslie C. Robson, Council District 2SECONDER: Thomas S. Hogan II, Council District 3AYES: Robson, Hogan II, Taylor, ZangerNAYS: Wedge

E. Variance #9: a variance from Section 1007 E. that requires residential units with less than 800 square feet to be less than 20 percent of the total units in the VC district.

Motion to approve Variance #9: a variance from Section 1007E that requires residential units with less than 800 square feet to be less than 20 percent of the total units in the VC district be approved with conditions set forth by the Development Director and that it read units with less than 80 square feet be less than 30 percent of the total units in the VC district.

RESULT: ADOPTED [3 TO 2]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Leslie C. Robson, Council District 2AYES: Robson, Hogan II, ZangerNAYS: Wedge, Taylor

2. Variances - Perimeter Park Planned Unit Development - 2013V-014

A.Variance #1:Section 407.B“For purposes of phasing development over a period of time, a maximum of 15,000 sq. ft. of development of either residential or nonresidential shall be permitted to be built before the remaining use shall be required to be constructed. Residential or nonresidential uses shall not be permitted to be built in excess of 15,000 sq. ft. until the sq. footages of the remaining use as required above in subsection A. are provided and a certificate of occupancy has been issued"

Motion to approve variance #1 as requested with conditions as read from the staff report by the Development Director.

RESULT: ADOPTED [UNANIMOUS]MOVER: Scott Taylor, Mayor pro temSECONDER: Thomas S. Hogan II, Council District 3AYES: Wedge, Robson, Hogan II, Taylor, Zanger

B. Variance #2: The applicant requests a variance from Section 1005.C.1 that states the following: “All open space including

3.A.1.2

Packet Pg. 17

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)

buffers, setbacks, sidewalk clear zones, sidewalk zones and open spaces shall be fully implemented prior to occupancy and if not completed, the occupancy permit shall not be issued.”

Motion to approve Variance #2 for Perimeter Park Planned Unit Development with conditions as set forth by the Development Director.

RESULT: ADOPTED [UNANIMOUS]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Scott Taylor, Mayor pro temAYES: Wedge, Robson, Hogan II, Taylor, Zanger

3. Variances & Waiver - 5070 and 5126 Peachtree Blvd.- (Former Great Gatsby ) - 2013V-013

A. Waiver: Section 93-1(b) of the Development Regulations states the following: “(b) All buildings three or more stories in height, excluding all single-family dwellings (attached or detached), shall be constructed with concrete and steel framing materials”.

Motion to approve the waiver with the three conditions recommended by the Development Director.

RESULT: ADOPTED [4 TO 1]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan II, ZangerNAYS: Taylor

B. Variance #1: The applicant requests a variance from Section 1007.D of the Zoning Ordinance that states:“D.In the NC-1,NC-2,CC and VC zoning districts, multifamily residential uses and structures shall be located only directly above nonresidential uses and structures and as part of the same structure. Multifamily uses and structures shall only be permitted to be located above the first-floor of any structure and shall only be located above the lower floors of a nonresidential use or structure"

Approve the variance request with the three conditions recommended by the Development Director.

3.A.1.2

Packet Pg. 18

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)

RESULT: ADOPTED [3 TO 2]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan IINAYS: Taylor, Zanger

C. Variance #2:The applicant requests a variance from Section 1007 E. of the Zoning Ordinance that states:“In the VC zoning district, residential units with a minimum square footage of 800 sq. ft. shall not be permitted to exceed 20 percent of the total number of residential units provided. Residential units with a minimum square footage of 1,000 sq. ft. shall always constitute a minimum of 80 percent of all residential units provided. The percentages regulated herein in this subsection 1007E.”

Motion to deny the variance as recommended by the Development Director.

RESULT: ADOPTED [3 TO 2]MOVER: Scott Taylor, Mayor pro temSECONDER: Mark Wedge, Council District 1AYES: Wedge, Taylor, ZangerNAYS: Robson, Hogan II

4. Discussion of Approved Understory Tree Species for Street Trees

Motion to direct staff to report back to Council on their recommendations for an approved understory street trees species for street trees and report back at the next zoning planning meeting.



1. Approval of Purchases & Budget Amendments Due to Annexation

Motion to approve purchases and budget amendments due to annexation as recommended by staff.

3.A.1.2

Packet Pg. 19

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)

RESULT: ADOPTED [UNANIMOUS]MOVER: Leslie C. Robson, Council District 2SECONDER: Dan Zanger, Council At-Large SeatAYES: Wedge, Robson, Hogan II, Taylor, Zanger

2. Police Department Authorized Strength If Annexation is Approved

Motion to approve the police department authorized strength if annexation is approved.

RESULT: ADOPTED [UNANIMOUS]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Scott Taylor, Mayor pro temAYES: Wedge, Robson, Hogan II, Taylor, Zanger


F. Finance

G. Public Works

4. City Attorney


Motion to direct the City Attorney to read headings only for the reading of ordinances this evening.


1. Zoning Ordinance Text Amendment - Outdoor Storage and Vehicle Sales

Joe Fowler, City Attorney, read the headings of this ordinance.




3.A.1.2

Packet Pg. 20

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)


3. Zoning Ordinance Text Amendment – Institutional Uses and Places of Worship






Motion to approve the zoning ordinance text amendment for Planned Unit Developments as read by the City Attorney.

RESULT: MOTION TO GRANT - APPROVED [UNANIMOUS]MOVER: Scott Taylor, Mayor pro temSECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan II, Taylor, Zanger

2. Zoning Ordinance Text Amendment - Interpretation of Permitted Use


Motion to approve the zoning ordinance text amendment for Interpretation of Permitted Uses as read by the City Attorney.

RESULT: MOTION TO GRANT - APPROVED [UNANIMOUS]MOVER: Leslie C. Robson, Council District 2SECONDER: Scott Taylor, Mayor pro temAYES: Wedge, Robson, Hogan II, Taylor, Zanger

3. Zoning Ordinance Text Amendment - Street Trees in Public Rights of Way Near Billboards


3.A.1.2

Packet Pg. 21

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)

Motion to approve the zoning ordinance text amendment for Street Trees in Public Rights of Way Near Billboards as read by the City Attorney.

RESULT: MOTION TO GRANT - APPROVED [UNANIMOUS]MOVER: Scott Taylor, Mayor pro temSECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan II, Taylor, Zanger

4. Alcohol Ordinance Amendment


Motion to approve the Alcohol Ordinance Amendment as read by the City Attorney.



A. Mayor Clarkson

B. Councilman Wedge


D. Councilman Hogan



1. Empty Stocking Fund

Motion to direct staff to use city resources to promote and advertise to support the Empty Stocking Fund and show support to Chamblee High School for their efforts.

3.A.1.2

Packet Pg. 22

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)


6. Citizen CommentsMr. Brad Dallas, PO Box 80962 - addressed the Mayor and Council.

Motion to go into Executive Session to discuss a legal issue and personnel matter.

RESULT: ADOPTED [UNANIMOUS]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan II, Taylor, Zanger


Council exited the Executive Session and re-opened the meeting to the Public at 9:15 PM.

Motion to offer Chief Marc Johnson the position of City Manager for the City of Chamblee under proposed employment contract as submitted by the City Attorney.

RESULT: ADOPTED [4 TO 0]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan II, ZangerABSTAIN: Taylor

8. Adjournment

Motion to Adjourn

RESULT: ADOPTED [UNANIMOUS]MOVER: Thomas S. Hogan II, Council District 3SECONDER: Leslie C. Robson, Council District 2AYES: Wedge, Robson, Hogan II, Taylor, Zanger

3.A.1.2

Packet Pg. 23

Min

ute

s A

ccep

tan

ce:

Min

ute

s o

f O

ct 1

5, 2

013

7:30

PM

(A

pp

rova

l of

Min

ute

s)

City of Chamblee City Council Agenda Item

Department: Administrative Prepared By: Marc Johnson

Initiator: Marc Johnson

ACTION ITEM (ID # 1257)

SUBJECT: EMPLOYEE HOLIDAY GIFT CARDS

Meeting Date: November 19, 2013, 7:30 PM

REQUESTED ACTION:

Approval to purchase $75.00 gift cards for all full and part-time employees.

BACKGROUND SUMMARY:

It has been a long standing practice for the City Council to provide employees with a gift card for the holidays.

ISSUE:

If the Council desires to continue this practice, and do so in a timely manner, it will need to approve the purchase in November.

FINANCIAL IMPACT:

Not to exceed $9,000

Attachment List:

Review:

Marc Johnson Completed 11/11/2013 4:33 PM


City Council Completed 11/15/2013 4:22 PM

3.B.1

Packet Pg. 24





SUBJECT: SCHEDULE ZONING ORDINANCE REVIEW MEETINGS


REQUESTED ACTION:

Schedule meetings to review the zoning ordinance with staff prior to the planning retreat scheduled for January 4, 2014.

ISSUE:

It has been discussed having a couple of evening meetings to review the zoning ordinance with staff prior to the planning retreat. I recommend that they be scheduled during the first two weeks of December before the holidays.

FINANCIAL IMPACT:

None

Attachment List:

Review:

Marc Johnson Completed 11/12/2013 2:45 AM



3.B.2

Packet Pg. 25





SUBJECT: PUBLIC WORKS DIRECTOR JOB DESCRIPTION MODIFICATION


REQUESTED ACTION:

Approval of the modified job description for Public Works Director.

ISSUE:

The current job description for Public Works Director does not appropriately address all of the current responsibilities. Additionally, the minimum education, training and experience needs to be increased to reflect the current and planned increase in responsibility.

FINANCIAL IMPACT:

None

Attachment List:

3001 Director of Public Works (DOC)

Review:




3.B.3

Packet Pg. 26

CODE: 3001 FLSA: EXEMPT

GRADE: 35

CITY OF CHAMBLEE, GEORGIA JOB DESCRIPTION

JOB TITLE: DIRECTOR OF PUBLIC WORKS PUBLIC WORKS DEPARTMENT

GENERAL STATEMENT OF JOB Under limited supervision, performs responsible professional, administrative, and supervisory work in managing and overseeing all operations of the Public Works Department. Work involves administering, directing, planning and coordinating all operations of the Public Works Department which includes Streets and Rights of Ways, Solid Waste, Storm Water, Animal Control and the Building and Vehicle Maintenance functions; . developing policies and procedures; formulating long range plans, preparing the preliminary budget for the department; responsibility for compliance with state and federal solid waste regulations and supervising staff directly and indirectly to ensure efficient and effective operation of the department. Reports to the City Manager.

SPECIFIC DUTIES AND RESPONSIBILITIES ESSENTIAL JOB FUNCTIONS Supervises department employees which involves such duties as instructing, assigning and reviewing work, maintaining standards, motivating, counseling, acting on employee problems, selecting new employees, appraising employee performance, recommending promotions, discipline, termination and salary increases. Plans, organizes, and manages all Public Works Department functions; reviews departmental functions to ensure compliance with procedures and to assess efficiency and effectiveness. Maintains open lines of communication with other municipalities, public sector agencies which include transportation, environmental, and other relevant agencies, utility companies, planning organizations, and developers to ensure total compliance and cooperation. Confers and cooperates with Ga. DOT and DeKalb County Public Works on road maintainance, transportation and storm water issues. Conducts meetings with supervisors, employees and entire department to explain goals and objectives, and discuss problems. Ensures all employees observe applicable safety, health and environmental rules and guidelines. Attends and participates in training opportunities, workshops and seminars relevant to this position to remain knowledgeable of new techniques in the public works field and new laws or ordinances.

3.B.3.a

Packet Pg. 27

Att

ach

men

t: 3

001

Dir

ecto

r o

f P

ub

lic W

ork

s (

1258

: P

ub

lic W

ork

s D

irec

tor

Job

Des

crip

tio

n M

od

ific

atio

n)

DIRECTOR OF PUBLIC WORKS

2

Meets with individuals, civic groups, businesses and City Council to answer questions, respond to complaints, and promote a positive public image. Develops policies, procedures, and work practices; monitors implementation of department regulations; updates department policies as needed to maintain compliance with Federal, State, and local laws or regulations. Anticipates and plans for short and long range needs of the department. Prepares annual budgets for the Public Works, Storm Water and Sanitation Departments; administers the budgets on a daily and monthly basis; and verifies invoices involving departmental expenses. Prepares various department reports, weekly staff reports, and statistical reports as needed or required. Responsible for the recruitment and hiring of new employees, including the application process, and applicant interviews. Serves as the department’s purchasing officer by assessing needs, evaluating sources and pricing, preparing RFP’s and RFQ’s as needed, recommending purchases and approving purchase orders as authorized and completing required documentation. Receives and/or reviews various records and reports such as inquiries/complaints from citizens and the public; professional publications; invoices; financial statements and purchase orders. Prepares and/or processes various records and reports such as annual budget; weekly staff report, waste management report, annual storm water report, sediment and erosion control report, and animal control inspection/report. Refers to City, State and Federal code; various building and technical codes; City and department policy and procedure manuals; requests for service; and software and hardware operating manuals. Operates a vehicle, and a variety of equipment such as a computer, telephone, fax machine, chainsaw, trucks, computer, etc. Uses a variety of tools such as general hand tools, etc.; a variety of supplies such as office supplies, etc.; and a variety of computer software such as Windows, Microsoft Office, GIS software, etc. Interacts and communicates with various groups and individuals such as the City Manager, City department heads, City Council, State representatives, City employees, and the general public. ADDITIONAL JOB FUNCTIONS Performs general administrative / clerical work as required, including but not limited to attending and conducting meetings, preparing reports and correspondence, copying documents, compiling data for reports, reviewing mail and literature etc.

Performs other related duties as required.

3.B.3.a

Packet Pg. 28

Att

ach

men

t: 3

001

Dir

ecto

r o

f P

ub

lic W

ork

s (

1258

: P

ub

lic W

ork

s D

irec

tor

Job

Des

crip

tio

n M

od

ific

atio

n)


3

MINIMUM TRAINING AND EXPERIENCE Bachelor's degree in Civil Engineering (or related field) and six to nine years of progressive supervisory experience; or any equivalent combination of education, training, and experience which provides the necessary knowledge, skills and abilities for this position. Must have a valid Georgia driver’s license.

MINIMUM QUALIFICATIONS OR STANDARDS REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS

Physical Requirements: Must be physically able to operate a variety of related office machines and equipment. Must be physically able to exert up to one hundred pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull, or otherwise move objects. Physical demands are in excess of those for Sedentary work. Light Work usually requires walking or standing to a significant degree. Work involves climbing, bending and stooping for short periods of time. Must be able to lift and/or carry weights of ten to one hundred pounds. Data Conception: Requires the ability to compare and or judge the readily observable functional, structural, or compositional characteristics (whether similar to or divergent from obvious standards) of data, people, or things. Interpersonal Communication: Requires the ability of speaking and/or signaling people to convey or exchange information. Includes the giving of assignments and instructions to co-workers and assistants. Includes the receiving of information and instructions from supervisor. Language Ability: Requires the ability to read a variety of documents and reports such as time sheets, drainage diagrams, production reports, etc. Requires the ability to prepare various lists and records using the proper format, punctuation, spelling, and grammar, using all parts of speech. Has the ability to communicate with poise, voice control and confidence. Intelligence: Requires the ability to apply principles of logical or scientific thinking to define problems, collect data, establish facts, and draw valid conclusions; to interpret an extensive variety of technical instructions in mathematical or diagrammatic form. Verbal Aptitude: Requires the ability to record and deliver information, to explain procedures, to follow oral and written instructions. Must be able to communicate effectively and efficiently in a variety of technical and/or professional languages. Numerical Aptitude: Requires the ability to utilize mathematical formulas; adding and subtracting totals; multiplying and dividing; determining percentages and decimals; determining time and weight; and utilizing basic algebraic functions and calculations. Form/Spatial Aptitude: Requires the ability to inspect items for proper length, width, and shape. Motor Coordination: Requires the ability to coordinate hands and eyes in using equipment, machinery and tools; to operate motor vehicles.

3.B.3.a

Packet Pg. 29

Att

ach

men

t: 3

001

Dir

ecto

r o

f P

ub

lic W

ork

s (

1258

: P

ub

lic W

ork

s D

irec

tor

Job

Des

crip

tio

n M

od

ific

atio

n)


4

Manual Dexterity: Requires the ability to handle a variety of items, equipment, machinery, control knobs, switches, etc. Must have minimal levels of eye/hand/foot coordination. Color Discrimination and Visual Acuity: Requires the ability to differentiate colors and shades of color; requires the visual acuity to determine depth perception, peripheral vision, inspection for small parts; preparing and analyzing written or computer data, etc. Interpersonal Temperament: Requires the ability to deal with people beyond giving and receiving instructions. The worker needs to relate to people in situations involving more than giving or receiving instructions. Must be adaptable to performing under minimal levels of stress when confronted with an emergency. Physical Communication: Requires the ability to talk and/or hear (talking - expressing or exchanging ideas by means of spoken words; hearing - perceiving nature of sounds by ear.)

PERFORMANCE INDICATORS Knowledge of Job: Has thorough knowledge of the methods, policies, and procedures of the Public Works Department as they pertain to the performance of duties of the Director of Public Works. Has knowledge of the laws, ordinances, standards, and regulations pertaining to the specific duties and responsibilities of the position. Is able to develop and administer plans and activities as required to maintain safe and effective operations. Is able to develop and implement policies and programs, practices and procedures for the Department. Is capable of working on a professional level with officials in determining long and short-range plans for the department. Is able to inspect the work of subordinates to ensure proper compliance with all applicable standards and regulations. Is able to apply the principles of leadership, reasoning, instructing, evaluating, etc. in the performance of daily tasks and duties. Is able to give verbal and written instructions, and to ensure timely completion of such assignments. Is familiar with the necessary documents and records to be maintained. Is able to perform required duties and responsibilities in extreme weather conditions. Has the mathematical ability to handle required calculations. Is able to anticipate the amount and types of supplies and materials needed by the department for construction and repairs. Is able to plan and develop daily, short- and long-term goals related to City purposes. Is able to plan and coordinate the most effective use of personnel, facilities, and resources to achieve department goals. Is able to ensure division compliance with all laws and regulations and control the activities of the division through effective supervision. Has knowledge of how to apply supervisory and managerial concepts and principles; has knowledge of administrative principles involved in developing, directing and supervising various programs and related activities. Is able to offer instruction and advice to subordinates regarding departmental policies, methods and regulations. Is able to perform employee evaluations and to make recommendations based on results. Is able to offer training and assistance to co-workers and employees of other departments as required. Is able to take the initiative to complete the duties of the position without the need of direct supervision. Is able to plan, organize and prioritize daily assignments and work activities. Is able to utilize common sense understanding and independent judgment in non-routine situations. Has comprehensive knowledge of the terminology, principles, and methods utilized within the department. Is able to read, understand, and interpret blue prints and related maps and charts. Is able to compile, organize and utilize various financial information necessary in the preparation of the departmental budget, and knows how to prepare and monitor the budget. Is able to effectively communicate and interact with subordinates, supervisors, members of the general public, and all other groups involved in the activities of the department. Quality of Work: Maintains high standards of accuracy in exercising duties and responsibilities.

3.B.3.a

Packet Pg. 30

Att

ach

men

t: 3

001

Dir

ecto

r o

f P

ub

lic W

ork

s (

1258

: P

ub

lic W

ork

s D

irec

tor

Job

Des

crip

tio

n M

od

ific

atio

n)


5

Exercises immediate remedial action to correct any quality deficiencies that occur in areas of responsibility. Maintains high quality communication and interaction with all City departments and divisions, co-workers and the public. Quantity of Work: Performs described "Specific Duties and Responsibilities" and related assignments efficiently and effectively in order to produce quantity of work which consistently meets standards and expectations of the City. Dependability: Assumes responsibility for completing assigned work. Completes assigned work within deadlines in accordance with directives, City policy, standards and prescribed procedures. Remains accountable to assigned responsibilities in the technical, human and conceptual areas. Attendance: Attends and remains at work regularly and adheres to City policies and procedures regarding absences and tardiness. Provides adequate notice to higher management with respect to vacation time and time-off requests. Initiative and Enthusiasm: Maintains an enthusiastic, self-reliant and self-starting approach to meet job responsibilities and accountabilities. Strives to anticipate work to be done and initiates proper and acceptable direction for the completion of work with a minimum of supervision and instruction. Judgment: Exercises analytical judgment in areas of responsibility. Identifies problems or situations as they occur and specifies decision objectives. Identifies or assists in identifying alternative solutions to problems or situations. Implements decisions in accordance with prescribed and effective policies and procedures and with a minimum of errors. Seeks expert or experienced advice where appropriate and researches problems, situations and alternatives before exercising judgment. Cooperation: Accepts supervisory instruction and direction and strives to meet the goals and objectives of same. Questions such instruction and direction when clarification of results or consequences are justified, i.e., poor communications, variance with City policy or procedures, etc. Offers suggestions and recommendations to encourage and improve cooperation between all staff persons and departments within the City.

Relationships with Others: Shares knowledge with supervisors and staff for mutual benefit.

Contributes to maintaining high morale among employees. Develops and maintains cooperative

and courteous relationships inter- and intra-departmentally, and with external entities with whom

the position interacts. Tactfully and effectively handles requests, suggestions and complaints in

order to establish and maintain good will. Emphasizes the importance of maintaining a positive

image. Coordination of Work: Plans and organizes daily work routine. Establishes priorities for the completion of work in accordance with sound time-management methodology. Avoids duplication of effort. Estimates expected time of completion of elements of work and establishes a personal schedule accordingly. Attends required meetings, planning sessions and discussions on time. Implements work activity in accordance with priorities and estimated schedules. Safety and Housekeeping: Adheres to all safety and housekeeping standards established by the City and various regulatory agencies. Sees that the standards are not violated. Maintains a clean and orderly workplace.

3.B.3.a

Packet Pg. 31

Att

ach

men

t: 3

001

Dir

ecto

r o

f P

ub

lic W

ork

s (

1258

: P

ub

lic W

ork

s D

irec

tor

Job

Des

crip

tio

n M

od

ific

atio

n)


6

Planning: Plans, coordinates and uses information effectively to enhance activities and

production. Knows and understands expectations regarding the activities and works to ensure

such expectations are met. Designs and formulates ways, means and timing to achieve

established goals and objectives. Effectively and efficiently organizes, arranges and allocates

manpower, financial and other designated resources to achieve such goals and objectives.

Organizing: Efficiently organizes work and that of subordinate staff well. Ensures that personnel

understand what results are expected of them and that each are regularly and appropriately

informed of all matters affecting them and/or of concern to them.

Staffing: Works with upper management, where appropriate, to select and recommend

employment of qualified personnel. Personally directs the development and training of division

personnel under charge, ensuring their induction, orientation and training.

Leading: Provides a work environment, which encourages clear and open communications. Has a

clear and comprehensive understanding of the principles of effective leadership and how such

principles are to be applied. Provides adequate feedback to personnel under charge concerning

their performance. Commends and rewards employees under charge for outstanding performance,

and takes timely and appropriate disciplinary action as necessary. Exercises enthusiasm in

influencing and guiding others toward the achievement of established goals and objectives.

Controlling: Provides a work environment that is orderly and controlled. Coordinates, audits and

controls manpower and financial resources efficiently and effectively. Coordinates, audits and

controls the utilization of materials and equipment efficiently and effectively. Has a clear and

comprehensive understanding of established standards, methods and procedures.

Delegating: Assigns additional duties as necessary and/or appropriate in order to meet goals,

enhance the abilities of personnel under charge, build their confidence and assist them in personal

growth. Has confidence in staff to meet new or additional expectations.

Decision Making: Exercises discretion and judgment in developing and implementing courses of

action affecting functions under charge. Recognizes when a particular policy, procedure or strategy

does not foster the desired result, moves decisively and explicitly to develop and implement

alternatives.

Creativity: Regularly seeks new and improved methodologies, policies and procedures for

enhancing the effectiveness functions under charge. Employs imagination and creativity in the

application of duties and responsibilities. Is not averse to change that supports achievement of

goals and objectives.

Human Relations: Strives to develop and maintain excellent rapport with personnel under charge.

Listens to and considers their suggestions and complaints and responds appropriately. Establishes

a work environment to promote and maintain mutual respect.

Policy Implementation: Has a clear and comprehensive understanding of policies regarding

functions under charge and the function of the organization. Adheres to policies in the discharge of

duties and responsibilities and ensures the same from personnel under charge.

3.B.3.a

Packet Pg. 32

Att

ach

men

t: 3

001

Dir

ecto

r o

f P

ub

lic W

ork

s (

1258

: P

ub

lic W

ork

s D

irec

tor

Job

Des

crip

tio

n M

od

ific

atio

n)


7

Policy Formulation: Maintains awareness of changes in operating philosophies and policies and

routinely reviews policies to ensure that any changes in philosophy or practice are appropriately

incorporated into functions under charge. Recognizes and understands the relationship between

operating policies and practices and morale and performance. Strives to ensure that established

policies enhance same. DISCLAIMER: This job description is not an employment agreement or contract. Management has the exclusive right to alter this job description at any time without notice.

3.B.3.a

Packet Pg. 33

Att

ach

men

t: 3

001

Dir

ecto

r o

f P

ub

lic W

ork

s (

1258

: P

ub

lic W

ork

s D

irec

tor

Job

Des

crip

tio

n M

od

ific

atio

n)





SUBJECT: PUBLIC WORKS DEPARTMENT WORK SCHEDULE


REQUESTED ACTION:

Approval to change the Public Works Department back to a five day work week effective January 1, 2014.

BACKGROUND SUMMARY:

In January 2006 the Public Works Department went to a four day work week. The decision to do so was based upon a recommendation of Governor Perdue at the time in order to conserve fuel in Georgia.

ISSUE:

In January Public Works will begin handling the sanitation services for the area of Huntley Hills which was annexed in 2011. They will also begin to provide all but sanitation services to the new area being annexed effective December 31, 2013. The current four day work week will significantly limit the options and flexibility for scheduling the additional work load. I am requesting approval to change it back to a five day work week.

FINANCIAL IMPACT:

None

Attachment List:

Review:



3.B.4

Packet Pg. 34





SUBJECT: PARKING STUDY


REQUESTED ACTION:

Approval to include this item in the planning retreat scheduled for January 4, 2014.

BACKGROUND SUMMARY:

Council instructed staff to do a parking study of the mid-city and downtown area and report back at the November council meeting.

ISSUE:

Staff has not had the time or resources to accomplish this task yet without outsourcing it to Jacobs. Parking issues are somewhat a part of the LCI Update which is being conducted. Staff would like to postpone reporting back with recommendations until the planning retreat in January.

FINANCIAL IMPACT:

Attachment List:

Review:



3.B.5

Packet Pg. 35


Department: Development Prepared By: Emmie Niethammer

Initiator: Gary Cornell

ZONING (ID # 1234)

SUBJECT: REZONING - KESWICK MANOR SUBDIVISION AT 5140 R

PEACHTREE BLVD.; 5158 PEACHTREE BLVD.; 5172 R. PEACHTREE BLVD - 2013Z-

002


Item: Applicant proposes to construct a residential subdivision with ten lots on a site accessed from Keswick Drive adjacent to the Keswick Park. The application requests a rezoning of two parcels (18-300-10-047 and 18-300-10-013) containing 3.254 acres from Neighborhood Residential-1 (NR-1) to Neighborhood Residential-2 (NR-2).

Background: This case was originally scheduled and advertized for a public hearing on Oct. 10, 2013. By request of the applicant, the case was deferred by vote of City Council on Oct. 10 and rescheduled for November 14, 2013. The applicant conducted an informal community meeting in the Keswick Park Community Building on Sunday, November 3, and approximately 30 residents attended.

STAFF RECOMMENDATION

Staff recommends APPROVAL of this request WITH CONDITIONS as follows:

1. Development of the property shall be in substantial conformity with the Keswick Manor Zoning Plan dated 10/25/2013, with any revisions necessary to meet requirements of the City of Chamblee Zoning Ordinance except where variances are approved by the Mayor and City Council.

2. No more than 10 lots may be developed. Each developed lot may contain one single-family home.

3. Minimum house size shall be 2,500 sq. ft.

4. Minimum lot size shall be 7,953 sq. ft.

5. The entry drive and the private drive/ alley serving lots 1-8 shall be constructed with pervious paving materials approved by the Georgia Stormwater Management Manual or the City Engineer.

6. If the proposed site development requires utility lines to cross private lots then the developer shall acquire easements dedicated to the City as required by the Subdivision Regulations and Chapter 93 (Development Regulations). The City of Chamblee will cooperate with the developer to allow easements on City-owned property if necessary, to allow utility connections that are needed to serve the property.

7. A mandatory homeowners association shall be established to be responsible for the cost of insurance and maintenance of open space areas, private drives, outdoor lighting, stormwater management facilities, drainage infrastructure, and all other common land and facilities.

3.C.1

Packet Pg. 36

8. Open space shown on the site plan of 10/25/13 shall be preserved in perpetuity using a form of conservation that is approved by the City of Chamblee. The public shall have access to the open space southwest of lot 10 and adjacent to Keswick Drive as an extension of Keswick Park. The open space area shown at the rear of the private drive/alley shall either remain natural and undisturbed except for the removal of underbrush and debris or, if disturbed, shall be replanted with evergreen plant material so as to provide a dense visual screen.

9. The streetscape along Keswick Drive shall include overstory street trees planted 50 ft. on center and pedestrian lighting placed 50 ft. on center using fixtures specified in the City of Chamblee Streetscape Guidelines. The streetscape shall begin at the northernmost boundary of the site that abuts the Keswick Drive and extend southwest along Keswick Drive to the driveway entrance to the parking lot adjacent to the development on the west.

Attachment List:

01.01_Staff Report_2013_Z002_KeswickManor _ 11-14-2013 Revision (DOCX)

01.02_Application _Keswick Manor_Rezoning (PDF)

01.03_First Amendment- revised boundary of site 10_04_13 (PDF)

01.04_Tax map - revised boundary (PDF)

01.05 Future Development Map (PPTX)

01.06 Zoning Map (PPTX)

01.07_Keswick_Survey (PDF)

01.08 Keswick Site Plan revised 2013-10-25B_Keswick_PLAN (PDF)

01.09_Site CROSS-SECTIONS (JPEG)

01.10_Perspective Rendering (JPEG)

01.11_Previously approved preliminary plat_2007 (PDF)

01.12_Deferral request letter (PDF)

01.13 OHC Company Brochure (PDF)

Review:

Gary Cornell Completed 10/03/2013 12:11 PM



3.C.1

Packet Pg. 37

Staff Report to City Council Page 1 of 7 Petition No: 2013-Z-002 Council Work Session: November 14, 2013

City Council Meeting: November 19, 2013

Petition No.: 2013-Z-002 Development Department

STAFF REPORT - REZONING

Site Addresses (4): 5140 R Peachtree Blvd. and 5172 R Peachtree Blvd.

Parcel Numbers (3): 18-300-10-047 and 18-300-10-013

Land Lot and District: 330, 18th

Parcel Acreage: 3.254 Acres (Total project)

Applicant: Oak Hall Companies, LLC

Representative: G. Douglas Dillard, Esq., Weissman, Nowack, Curry & Wilco, P.C.

Current Zoning: The property consists of two parcels (18-300-10-013 and 18-300-10-047) that are currently zoned Neighborhood Residential-1 (NR-1) The NR-1 zoning district is intended primarily for single-family residences and related uses. The district is designed to stabilize and protect the residential characteristics of the district and to encourage a suitable family life on larger lots.

Background: This case was originally scheduled and advertized for a public hearing on Oct. 10, 2013. By request of the applicant, the case was deferred by vote of City Council on Oct. 10 and rescheduled for November 14, 2013. The applicant conducted an informal community meeting in the Keswick Park Community Building on Sunday, November 3, and approximately 30 residents attended.

District Standards:

EXISTING: Neighborhood Residential – 1 (NR-1) Dimensional Standards

Maximum FAR 0.5 Min. Front Yard 30 ft.

Max. Building Coverage 35% Min. Rear Yard 40 ft.

Max. Building Height 34 ft. Min. Side Yard Setback 10 ft.

Min. Lot size 12,000 sq. ft. Min. Lot frontage 60 ft.

Min. Sidewalk width 5 ft. (local street) Min. Landscape zone 3 ft. (local street)

PROPOSED: Neighborhood Residential – 2 (NR-2) Dimensional Standards






3.C.1.a

Packet Pg. 38

Att

ach

men

t: 0

1.01

_Sta

ff R

epo

rt_2

013_

Z00

2_K

esw

ickM

ano

r _

11-1

4-20

13 R

evis

ion

[R

evis

ion

1]

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

-



Current Use: undeveloped; wooded.

Surrounding Land Uses: North – NR-1- City of Chamblee (Keswick Park) South – CC – Vacant parcel; Elaine Clark Center and Office/warehouse East – NR-1 – single-family detached residences West – NR-1 - City of Chamblee (Keswick Park)

Site Description: The subject property is undeveloped land consisting of 2 parcels totaling 3.254 acres surrounded on three sides by Keswick Park. The site is situated on a curve in Keswick Park. Only about half the property has frontage on the street and the remainder fronts directly on the park. Most of the site has dense tree cover and underbrush. The property slopes steeply up from a shelf along the street with grades as steep as 30 percent. The elevation of the rear property line is approximately 30 feet higher than the street level and parallels an abandoned railroad spur. There five drainage structures with well-defined drainage swales on the property. There is a catch basin on the property that drains across the frontage before passing into a culvert under Keswick Drive. A 24-inch diameter corrugated metal pipe near the southeastern corner conducts stormwater from the existing building directly above and behind the property. Another 60-inch diameter concrete pipe crosses the property on the western side. It crosses Keswick Drive and discharges into a creek in the park. Two more 15-inch corrugated metal pipes discharge on to the southwestern boundary of the property from the property to the rear. A sanitary sewer line is located on the opposite side of Keswick Drive and passes through the Park but has a manhole in Keswick Drive near the western end of the subject property. At the rear of the property is an abandoned railroad spur, part of which is on other property owned by the applicant.

Project Description:

The proposed Keswick Manor subdivision is proposed as ten residential lots that range in area from 7,953 sq. ft. to 12,765 sq. ft. There are also three areas of open space totaling about 1 acre. The primary entrance would be a 20 ft. wide private drive accessing Keswick Drive near the existing crosswalk. The entry drive would ascend the slope and branch in two directions behind the lots where it would serve eight of the homes. These eight houses would have rear-loaded garages while the remaining two would share a driveway accessing Keswick Drive. Five of the lots would front Keswick Drive and five would front directly onto the park. The single-family detached units would be two stories with a minimum of 2,500 sq. ft. of heated floor area. Homes would have craftsman and cottage-style architecture with two-car garages in the rear. Background: The subject property is a tract of land owned by the Gipson family that has been zoned Neighborhood Residential – 1 (NR-1) and undeveloped. On May 15, 2007 City Council approved a preliminary plat for a subdivision with ten houses meeting the requirements of the NR-1 zoning district. Six lots would have fronted a new cul de sac and four would have individual driveways on Keswick Road. However this development did not receive a land disturbance permit and the subdivision of property was never recorded. Therefore the subdivision is now null and void in accordance with the City of Chamblee Subdivision Regulations Section 2.7.1. Requested Actions:

3.C.1.a

Packet Pg. 39

Att

ach

men

t: 0

1.01

_Sta

ff R

epo

rt_2

013_

Z00

2_K

esw

ickM

ano

r _

11-1

4-20

13 R

evis

ion

[R

evis

ion

1]

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

-



These parcels are proposed to be rezoned from Neighborhood Residential -1 (NR-1) to Neighborhood Residential -2 (NR-2) pursuant to this application.

Analysis:

Consistency with the Comprehensive Plan Future Development Map

According to the adopted Comprehensive Plan Future Development Map the subject property lies within

the Neighborhood Living character area. NR-1 and NR-2 zoning districts are both consistent with this

land use character area. This is a summary description of this character area from the Comprehensive

Plan: 1) These neighborhoods have relatively well-maintained housing, possess a distinct community

identity through architectural style, lot and street design and have higher rates of homeownership. 2)

Infill or redevelopment of parcels within these neighborhoods will provide greater lifestyle housing

choices but should be compatible with the neighborhood as a whole. 3) Sensitivity to surrounding

residences in terms of light, bulk, setbacks, landscaping and mass should be reviewed. 4) Investigate

ways to improve alternative connectivity –sidewalks, paths, bike trails, etc. between residential

neighborhoods. Please see the Comprehensive plan for a complete description of this character area.

Rezoning the subject property from Neighborhood Residential -1 (NR-1) to Neighborhood Residential-2

(NR-2) would not be inconsistent with the Future Development Map of the Comprehensive Plan. NR-2

would allow lots with a minimum area of 6,000 sq. ft. lots instead of 12,000 sq. ft. lots allowed in NR-1.

In theory this would lead to a higher density of development. However, as demonstrated by the

preliminary plat prepared for this property in 2007, the steep topography and peculiar shape of the

property limits the likely yield of this property to the ten lots proposed. However with the smaller lot

size the developer proposes to provide almost an acre of common open space without houses. The

smaller lot size allows flexibility that will be needed to reduce impervious surface and limit tree removal

and grading on the site and to provide space for accommodating drainage issues on the site.

Consistency with Zoning Ordinance

The proposed site development plan would not be consistent with the City of Chamblee Zoning Ordinance which currently zones this property as Neighborhood Residential (NR-1) because the lot sizes, widths, and setbacks are inconsistent with the minimum lot sizes, widths, and setbacks required in the current zoning district. If the property were rezoned to Neighborhood Residential -2 (NR-2) the site development plan would be consistent with the requirements of the Zoning Ordinance with these exceptions:

1. Front yards of lots 1-5 are 10 ft., which is less than the 30 ft. minimum required in NR-1 2. Rear yards of lot 10 is 20 ft. which is less than the 30 ft. minimum required in NR-1. 3. The streets are private streets (not public streets) and contain no right-of-way to be dedicated by the City;

the width of these streets is 20 ft.

The applicant has requested variances for exceptions 1 and 2. Exception 3 would require revisions of the

proposed site development plan and/or waivers of the applicable sections of the Development

Regulations (Chapter 93). The plan does not show utility lines; it is likely that utilities will cross private

lots and require easements dedicated to the City.

3.C.1.a

Packet Pg. 40

Att

ach

men

t: 0

1.01

_Sta

ff R

epo

rt_2

013_

Z00

2_K

esw

ickM

ano

r _

11-1

4-20

13 R

evis

ion

[R

evis

ion

1]

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

-



The following analysis is based on an assessment of each of the 12 review standards established in Section 208 of the City of Chamblee Zoning Ordinance.

1. The existing uses and zoning of nearby property. The subject property is surrounded on three sides by Keswick Park and will share access with the park on

Keswick Road. The natural environment and recreational facilities of the park are amenities for the

future residents of the proposed residential subdivision. However, construction of homes on this steep

site will result in a loss of natural vegetation that currently protects the viewshed along Keswick Drive

and provides a natural buffer for the park. There is a greater risk of drainage problems and impacts to

the park and the stream due to loss of natural vegetation and grading of the steep terrain. The

northernmost boundary of the subject site abuts several lots of the Sexton Woods Subdivision that are

zoned NR-1. On the southeast the property is bordered by an abandoned railroad spur and beyond that

are properties zoned Corridor Commercial (CC) that front on Peachtree Boulevard. These consist of the

Elaine Clark Center (private school providing special education) and office/ warehouse buildings. There is

little buffer behind these commercial and institutional buildings except for natural vegetation that exists

on the subject property. Tree removal and grading may expose a view of the rear of these buildings to

the new residents as well as to the users of the park. However the property could be developed as

currently zoned NR-1 with the same or greater impacts.

2. The extent to which property values are diminished by the particular zoning restrictions.

It is not clear that the rezoning of this property from NR-1 to NR-2 would have a significant negative

impact on the value of this property. According to a preliminary plat approved in 2007, if the property

were not rezoned, it could still be developed in the NR-1 district with a similar number of new houses.

However it is more likely that development under the current NR-1 zoning would cause more

environmental impact.

3. The extent to which the possible reduction of property values of the subject property promotes

the health, safety, morals or general welfare of the public.

The applicant asserts that the denial of this request to rezone this property from NR-1 to NR-2 would

cause a reduction in value of the subject property. Nonetheless, a preliminary plat prepared for this

property in 2007 demonstrates that the property could still be developed as NR-1 with the same number

of lots. However rezoning the property to NR-2 may give the developer more flexibility to preserve

natural features of the site that may result in less environmental impact. Therefore there may be harm to

the public as well as hardship imposed upon the individual property owner if the property is not rezoned.

4. The relative harm to the public as compared to the hardship imposed upon the individual

property owner.

The applicant asserts that the denial of this request to rezone this property from NR-1 to NR-2 would

cause a reduction in value of the subject property. If the rezoning does not increase the intensity of

development and it results in more flexibility to design the homes in accord with the land then it will

result in less harm to the public, not more.

3.C.1.a

Packet Pg. 41

Att

ach

men

t: 0

1.01

_Sta

ff R

epo

rt_2

013_

Z00

2_K

esw

ickM

ano

r _

11-1

4-20

13 R

evis

ion

[R

evis

ion

1]

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

-



5. The suitability of the subject property for the zoning proposed.

The subject property is going to be difficult to use for any form of intense development because of its

peculiar shape, limited access, and steep terrain. However due to its direct access to the park, it is more

suitable for single-family detached residential development than most other uses. It is apparent that

rezoning the property from NR-1 to NR-2 will not result in a more intense development and therefore will

not change the suitability of the subject property for the proposed zoning.

6. The length of time the property has been vacant as zoned, considered in the context of land

development in the area in the vicinity of the property.

The subject property has remained undeveloped while other surrounding properties have been

developed. The lack of access and the peculiar shape and topography of the site has limited its

desirability and made it more costly to develop. Now that the real estate recession has passed,

residential land in the area is becoming more valuable so that the value of this site may justify the

expense of developing it.

7. Whether the zoning proposal will permit a use that is suitable in view of the use and development

of adjacent and nearby property.

The subject property is not suitable for any form of intense development because of its peculiar shape,

limited access, and steep terrain. However due to its direct access to the park, it is more suitable for

single-family detached residential development than most other uses. It is apparent that rezoning the

property from NR-1 to NR-2 will not result in a more intense development and therefore will not change

the suitability of the subject property for the proposed use.

8. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or

nearby property. The subject property is surrounded on three sides by Keswick Park and will share access with the park on

Keswick Road. Construction of homes on this steep site will result in a loss of natural vegetation that

currently protects the viewshed along Keswick Drive and provides a natural buffer for the park. There is a

greater risk of drainage problems and impacts to the park and the stream due to loss of natural

vegetation and grading of the steep terrain. The northernmost boundary of the subject site abuts several

lots of the Sexton Woods Subdivision that are zoned NR-1. The rezoning of this property should not

adversely affect these homeowners, compared to developing the property as NR-1 since it is not likely to

substantially increase the number of lots or decrease the price of the homes. On the southeast the

property is bordered by an abandoned railroad spur and beyond that are properties zoned Corridor

Commercial (CC) that front on Peachtree Boulevard. These consist of the Elaine Clark Center (private

school providing special education) and office/ warehouse buildings. These buildings back up to the

subject property and do not have any view or exposure to it. Rezoning this property should not have an

adverse affect on these properties so long as the access for the new homes is restricted to Keswick Drive.

3.C.1.a

Packet Pg. 42

Att

ach

men

t: 0

1.01

_Sta

ff R

epo

rt_2

013_

Z00

2_K

esw

ickM

ano

r _

11-1

4-20

13 R

evis

ion

[R

evis

ion

1]

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

-



9. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.

Yes, the property to be affected by the zoning proposal has a reasonable economic use as currently

zoned NR-1.

10. Whether the zoning proposal will result in a use which will or could cause an excessive or

burdensome use of existing streets, transportation facilities, utilities, or schools.

So long as the rezoning of the property is conditioned to allow no more than 10 homes, it would not

increase the intensity of the development to rezone the property from NR-1 to NR-2. Therefore, the

rezoning would not be expected to result in an excessive or burdensome use of existing streets,

transportation facilities, utilities, or schools.

11. Whether the zoning proposal is in conformity with the policy and intent of the future

development map.

The answer to this question was addressed in a previous section of this report. Rezoning the property to

Neighborhood Residential -2 (NR-2) for a single-family residential subdivision would be in conformity

with the policy and intent of the future development map with respect to the majority of the property

that is currently in the Neighborhood Living character district.

12. Whether there are other existing or changing conditions affecting the use and development of the

property which gives supporting grounds for either approval or disapproval of the zoning

proposal.

The subject property has remained undeveloped during the prolonged real estate recession. Current

trends in demographics and housing are causing greater demand for houses on smaller lots located close

to urban centers. Now that the real estate recession has passed, residential land in the area is becoming

more valuable so that the increased value of this site may justify the expense of developing it.

STAFF RECOMMENDATION:

Staff recommends APPROVAL of this request WITH CONDITIONS as follows: 1. Development of the property shall be in substantial conformity with the Keswick Manor Zoning Plan

dated 10/25/2013, with any revisions necessary to meet requirements of the City of Chamblee Zoning Ordinance except where variances are approved by the Mayor and City Council.

2. No more than 10 lots may be developed. Each developed lot may contain one single-family home.

3. Minimum house size shall be 2,500 sq. ft.

4. Minimum lot size shall be 7,953 sq. ft.

5. The entry drive and the private drive/ alley serving lots 1-8 shall be constructed with pervious paving materials approved by the Georgia Stormwater Management Manual or the City Engineer.

3.C.1.a

Packet Pg. 43

Att

ach

men

t: 0

1.01

_Sta

ff R

epo

rt_2

013_

Z00

2_K

esw

ickM

ano

r _

11-1

4-20

13 R

evis

ion

[R

evis

ion

1]

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

-



6. If the proposed site development requires utility lines to cross private lots then the developer shall acquire

easements dedicated to the City as required by the Subdivision Regulations and Chapter 93 (Development Regulations). The City of Chamblee will cooperate with the developer to allow easements on City-owned property if necessary, to allow utility connections that are needed to serve the property.

7. A mandatory homeowners association shall be established to be responsible for the cost of insurance and

maintenance of open space areas, private drives, outdoor lighting, stormwater management facilities, drainage infrastructure, and all other common land and facilities.

8. Open space shown on the site plan of 10/25/13 shall be preserved in perpetuity using a form of conservation that is approved by the City of Chamblee. The public shall have access to the open space southwest of lot 10 and adjacent to Keswick Drive as an extension of Keswick Park. The open space area shown at the rear of the private drive/alley shall either remain natural and undisturbed except for the removal of underbrush and debris or, if disturbed, shall be replanted with evergreen plant material so as to provide a dense visual screen.

9. The streetscape along Keswick Drive shall include overstory street trees planted 50 ft. on center and

pedestrian lighting placed 50 ft. on center using fixtures specified in the City of Chamblee Streetscape Guidelines. The streetscape shall begin at the northernmost boundary of the site that abuts the Keswick Drive and extend southwest along Keswick Drive to the driveway entrance to the parking lot adjacent to the development on the west.

_____________________________________________________________________________________

CITY COUNCIL ACTION:

3.C.1.a

Packet Pg. 44

Att

ach

men

t: 0

1.01

_Sta

ff R

epo

rt_2

013_

Z00

2_K

esw

ickM

ano

r _

11-1

4-20

13 R

evis

ion

[R

evis

ion

1]

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

-

3.C.1.b

Packet Pg. 45

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 46

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 47

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 48

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 49

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 50

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 51

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 52

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 53

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 54

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.b

Packet Pg. 55

Att

ach

men

t: 0

1.02

_Ap

plic

atio

n _

Kes

wic

k M

ano

r_R

ezo

nin

g [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.c

Packet Pg. 56

Att

ach

men

t: 0

1.03

_Fir

st A

men

dm

ent-

rev

ised

bo

un

dar

y o

f si

te 1

0_04

_13

[Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-

3.C.1.c

Packet Pg. 57

Att

ach

men

t: 0

1.03

_Fir

st A

men

dm

ent-

rev

ised

bo

un

dar

y o

f si

te 1

0_04

_13

[Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-

3.C.1.c

Packet Pg. 58

Att

ach

men

t: 0

1.03

_Fir

st A

men

dm

ent-

rev

ised

bo

un

dar

y o

f si

te 1

0_04

_13

[Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-

3.C.1.c

Packet Pg. 59

Att

ach

men

t: 0

1.03

_Fir

st A

men

dm

ent-

rev

ised

bo

un

dar

y o

f si

te 1

0_04

_13

[Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-

3.C.1.d

Packet Pg. 60

Att

ach

men

t: 0

1.04

_Tax

map

- r

evis

ed b

ou

nd

ary

[Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

City of Chamblee Future Development Map

Mid-City District

Corridor Village District

Neighborhood Living

Residential Row

ProposedKeswick Manor SD

3.C.1.e

Packet Pg. 61

Att

ach

men

t: 0

1.05

Fu

ture

Dev

elo

pm

ent

Map

[R

evis

ion

1]

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

-

CC

CC

VC

NR-1ProposedKeswick Park Manor SD

City of Chamblee Zoning Map

3.C.1.f

Packet Pg. 62

Att

ach

men

t: 0

1.06

Zo

nin

g M

ap [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.g

Packet Pg. 63

Att

ach

men

t: 0

1.07

_Kes

wic

k_S

urv

ey [

Rev

isio

n 1

] (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.h

Packet Pg. 64

Att

ach

men

t: 0

1.08

Kes

wic

k S

ite

Pla

n r

evis

ed 2

013-

10-2

5B_K

esw

ick_

PL

AN

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

3.C.1.i

Packet Pg. 65

Att

ach

men

t: 0

1.09

_Sit

e C

RO

SS

-SE

CT

ION

S (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.j

Packet Pg. 66

Att

ach

men

t: 0

1.10

_Per

spec

tive

Ren

der

ing

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

3.C.1.k

Packet Pg. 67

Att

ach

men

t: 0

1.11

_Pre

vio

usl

y ap

pro

ved

pre

limin

ary

pla

t_20

07 (

1234

: R

ezo

nin

g -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3Z-0

02)

3.C.1.l

Packet Pg. 68

Att

ach

men

t: 0

1.12

_Def

erra

l req

ues

t le

tter

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

OAK HALL COMPANIES, LLC5256 PEACHTREE ROAD

SUITE 195ATLANTA, GA 30341

770-662-5995404-213-0909

ed.pease@oak hal lcompanies.comw w w.oak hal lcompanies.com

3.C.1.m

Packet Pg. 69

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

EXECUTIVE SUMMARY 3

DE VELOPMENT OPPOR TUNIT Y 4

EXPERIENCE OF DIREC TORS 6

MARKE T RESEARCH 7

PRINCIPAL BIOS 8

CONTAC T 14

TABLE OF CONTENTS

3.C.1.m

Packet Pg. 70

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

East Lake Partners of Georgia, LLC has joined Oak Hall Companies, LLC forming a partnership for the purpose of developing land for residential subdivisions in the greater Atlanta area. The principals of Oak Hall Companies, LLC have vast local market experience and want to take advantage of the emerging land development opportunity. This opportunity has been created by the increased housing demand and the lack of “new” lots developed over the last !ve (5) years. Oak Hall Companies, LLC currently has several sites under contract and is negotiating contracts to assemble additional parcels in the North Atlanta metropolitan area. Submarkets targeted, but not limited to, include inside the I-285 north perimeter, North Fulton County, East Cobb County, Cherokee County and Forsyth County. Oak Hall Companies, LLC will develop lots in the Metropolitan Atlanta area and in turn, sell them to national builders.

Our mission is to create value for our investors and clients by identifying premium land positions in “A” locations, crafting the ideal development plan for each site and delivering a great community for our customers.

Our business plan is to capitalize on these unique opportunities, by negotiating favorable purchase prices to market value and selling the assemblage(s) to national builders, in parcels or bulk. Oak Hall Companies, LLC expects the market to produce above average returns over the next three (3) years as the market catches up to the demand.

OAK HALL COMPANIES LLC

EXECUTIVE SUMMARY

3

3.C.1.m

Packet Pg. 71

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

DE VELOPMENT OPPOR TUNIT Y

Oak Hall Companies, LLC, through its long term relationships with national builders, real estate brokers, investors and commercial and residential developers, has unique access to prime investment properties, in proven locations, in the Metropolitan Atlanta area. Our attention is focused on undeveloped land and in some cases, previously zoned and sub-divided, as the sector is back in favor. This real estate market is in a signi!cant cycle of recovery. Buckhead, Brookhaven, Chamblee, Decatur, East Cobb and Georgia 400 North areas have turned into a !rm seller’s market, due to the lack of re-sale properties available and lack of existing inventory. The median number of days active properties have been listed is signi!cantly shorter than the national average. Now is the time for investment on the new housing recovery.

We have two strategies for developments, one or both of which will be followed based on market dynamics, during the acquisition of the assemblage. Each strategy has its own investment horizon.

OAK HALL COMPANIES LLC 4

3.C.1.m

Packet Pg. 72

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

STR ATEGY A : URBAN

Urban – Focus will be on smaller developments in more densely populated areas of Metro Atlanta, such as In-Fill sites, with an expected development cycle of 12 to 18 months. These developments typically will have 15 or fewer lots. Our lot buyer will be a strong well capitalized local / regional builder.

STR ATEGY B : SUBURBAN

Focus will be on larger parcels in the Georgia 400 North areas, including North Fulton, Cobb, South and Middle Forsyth and Cherokee Counties. The long term expected development cycle is 12 to 36 months. Our lot buyer will typically be a national builder. Depending on the development size, the builder and OHC may agree on a lot take down schedule that may last one (1) to three (3) years. Our initial preference is to remain in the one (1) to two (2) year time frame. In either case, on a takedown schedule, equity and debt are returned !rst and then pro!ts.

In addition to the above development types, OHC will always seek ideal locations for mixed-use developments and complimenting commercial developments.

In many cases, we will purchase our development sites based on the needs of a “Client” national homebuilder or the client’s direction to us, based on their homebuilding needs and neighborhood opportunities.


3.C.1.m

Packet Pg. 73

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

EXPERIENCE OF DIREC TORS

LONG TERM MARKE T EXPERIENCE

The Principals have over 90 years combined experience in residential and commercial real estate. The principals have extensive expertise in the Southeast and Atlanta regions, in home building, residential development, commercial and mixed-use. They have acted as developers, asset managers and investors.

LOCAL MARKE T KNOWLEDGE

The Principals have completed many developments in metropolitan Atlanta establishing integral relationships with top Real Estate Brokers, Banks, Equity Investors, and Institutional Owners and respected Home Builders, both as fee developers and developers of residential lots. Additionally, we have extensive experience in the metro area on multiple mixed use developments, some as consultants, designers, developers and contractors. Collectively, the Principals have handled over 75 zoning and variance cases in the Metro Atlanta area.

DE VELOPMENT EXPER TISE

The Principals have managed project strategy, concepts and execution of land acquisitions, entitlements and development transactions involving over $500 million of residential, mixed use and commercial developments. They have served as President of the Greater Atlanta Home Builders Association and served on the Board of both the Home Builders Association of Georgia and the National Association of Home Builders. They have served on the task force to rewrite the Dekalb County, Georgia zoning code and served as Chairman of the Dekalb Chapter of the Council for Quality Growth.

BANK LOANS

The partners of Oak Hall Companies, LLC have strong banking relationships throughout the Atlanta area and expect that we will be able to place 50% to 70% Acquisition and Development Loans on most of our developments. As the residential market continues to improve, we expect the lending environment to strengthen also.


3.C.1.m

Packet Pg. 74

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

MARKE T RESEARCH

The Metropolitan Atlanta area, especially the Georgia 400 North Corridor, into middle Forsyth County, is currently experiencing a very strong seller’s market below $500K. This high demand area is also growing signi!cantly in new commercial and residential construction. The cities of Alpharetta, Johns Creek, Milton, Roswell, Cumming and Sugar Hill are in the epicenter for new home sales. Demand trulyexceeds supply in these markets.

Metro Study’s Fourth Quarter 2012 Executive Summary reports a 56% increase in Single Family Housing Starts in the North Atlanta market, for 2012 versus 2011. Quarterly starts in the fourth quarter were up 87% and closings increased 33% over the fourth quarter in 2011. Total housing inventory is at a 10 year low and very few lots are available in prime building locations. These A lots will continue to increase in price, as well as home prices.

The study concludes consumer con!dence, due to the 30 month job growth in the region and the predicted 2013 gain in net employment, will create an even higher demand for new construction housing.

Oak Hall Companies, LLC is a client of MetroStudy and will rely on their market research to assist us in making informed decisions on market opportunities, pricing and exit strategies. MetroStudy is a Hanley Wood Company and they have o"ces throughout the United States.


3.C.1.m

Packet Pg. 75

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)


PRINCIPAL BIOS

EDWARD PEASE

Ed Pease is Principal of Oak Hall Companies, a real estate development and investment !rm.

Mr. Pease is a seasoned and successful commercial real estate investor/ developer, with a

proven track record of market analysis, site selection, predevelopment, permitting,

construction coordination, governmental issues, leasing and tenant relationships. Mr. Pease

has more than two decades of experience investing in and developing freestanding retail

developments, shopping centers and specialty medical centers. Prior to OHC, he was a

partner for eighteen years at Landstone LLC and Landstone Medical Properties, LLC. There,

he developed projects for companies including Kroger, Food Lion, Home Depot, Lowe’s and

Kmart. Additional developments included over twenty freestanding drug store locations,

throughout the southeast. Tenants included CVS, Walgreen’s and Rite Aid. In addition to retail

development, Landstone developed the largest suburban medical campus in Memphis,

Tennessee, Wolf River Medical O"ce Complex.

Mr. Pease is also managing partner of Amerimex Partners, LLC. Amerimex is focused on real

estate opportunities in growing Hispanic markets in Florida, Texas and California. These

include shopping center redevelopments, specialty medical facilities and post-secondary

educational units.

8

3.C.1.m

Packet Pg. 76

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

WILLIAM “ TAD ” BRASWELL

Tad Braswell is Principal of Oak Hall Companies, a real estate development and investment

!rm. Mr. Braswell has previously served as President of TND Development Corporation and Director of Development for Liberty Development Corporation. A native of Atlanta, he started his career as a registered landscape architect working in site development of industrial, commercial, civic and residential projects. His role rapidly expanded to include entitlements and rezoning, raising capital, investor management, project supervision, project estimating and more. Mr. Braswell has served on the task force to rewrite the DeKalb County, GA zoning code and as the Chairman of the DeKalb Chapter of the Council for Quality Growth.

While at TND Development and Liberty Development, Tad was responsible for the construction of over 1000 lots in the metro Atlanta area. This was a combination of his own developments and fee developments for national homebuilders. Over Tad’s career in the residential development business, he has developed a vast network of relationships with key real estate land brokers, contractors and national builders. Tad continues building on these relationships today.


PRINCIPAL BIOS

9

3.C.1.m

Packet Pg. 77

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)


PRINCIPAL BIOS

10

DAVID M. SMITH

David M. Smith is Principal of Oak Hall Companies, a real estate development and investment

!rm. Mr. Smith has more than a quarter of a century success in commercial, residential and mixed-use development. Previously, he was President at Hedgewood Development, LLC managing project strategy, concepts and executions of all land acquisitions, entitlements and development transactions involving over $200 million of residential and mixed-use developments. These developments were cutting edge mixed-use developments that were sought after by several Atlanta area communities. In some cases, communities formed tax allocation districts (TAD) in order to facilitate the development of a Hedgewood mixed-use community.

Hedgewood’s downtown Woodstock, Georgia development was highly acclaimed and is the standard for many downtown urban redevelopments. The Woodstock project consisted of 32 acres, 300 residences and 96,000sf of retail / o"ce space. This project received the 2006 Best in American Living Award (Silver), the 2006 Atlanta Regional Commission - Developmentof Excellence Award and the 2008 International Charter Award from Congress for the New Urbanism (CNU).

Hedgewood’s Vickery development in Cumming, GA consisted of 240 acres, 500 residences, 150,000sf of retail / o"ce space along with a 50,000sf YMCA. This project received 2006 Best in America Living Award (Platinum) and The Urban Land Institute (ULI) Development of Excellence Award.

Mr. Smith has served as President of the Greater Atlanta Home Builders Association, served on the Board of Directors of the Greater Atlanta Home Builders Association and has served on the Board of the Home Builders Association of Georgia and the National Association of Home Builders (NAHB).

3.C.1.m

Packet Pg. 78

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)


PRINCIPAL BIOS

11

The Principal's impressive portfolio results from over 90 years combined home building, residential, commercial, and mixed use developments, the majority in the Metropolitan Atlanta area. The Principals are also the owner of TerraCraft Homes, LLC, !ne home builders developing and building residential projects of single-family detached and attached homes, while o#ering impeccable quality and attention to detail, in highly sought after locations.

A Selection of Projects Owned or Developed by the Principals are available upon request.

3.C.1.m

Packet Pg. 79

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)


HEDGE WOOD MIXED -USE DE VELOPMENT | DOWNTOWN WOODSTOCK , GA

PROJEC T SUMMARY (PHASE 1)• 32 Acres (37 parcel assemblage)• 300 Residences including single family homes, townhomes & condos above retail/o"ce space• 96,000 sf of commercial space including restaurants, retail shops, o"ce space, restored train depot & historic home & restaurant space

AWARDS2006 Best in American Living Award - Silver2006 Atlanta Regional Commission - Development of Excellence Award2008 International Charter Award from Congress for New Urbanism (CNU)

12

3.C.1.m

Packet Pg. 80

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)


HEDGE WOOD VICKERY | CUMMING, GA

PROJEC T SUMMARY• 240 Acre green!eld, traditional neighborhood mixed-use project• 500 Residences including single family homes, townhomes & condos• 200,000 sf of commercial space including 50,000 sf YMCA (the !rst LEED Silver certi!ed YMCA in US, and 150,000 sf of retail shops, o"ce space, restaurants, & townhomes above retail space

AWARDS2006 Best in American Living Award - Platinum2006 Best in American Living Award - Best Suburban Smart Growth Neighborhood2006 Urban Land Institute - Development of Excellence Award

13

3.C.1.m

Packet Pg. 81

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)

OAK HALL COMPANIES, LLC5256 PEACHTREE ROAD

SUITE 195ATLANTA, GA 30341

770-662-5995404-213-0909

ed.pease@oak hal lcompanies.comw w w.oak hal lcompanies.com

CONTAC T

EDWARD PEASEPRINCIPAL

3.C.1.m

Packet Pg. 82

Att

ach

men

t: 0

1.13

OH

C C

om

pan

y B

roch

ure

(12

34 :

Rez

on

ing

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013Z

-002

)




VARIANCE (ID # 1235)

SUBJECT: VARIANCES - KESWICK MANOR SUBDIVISION AT 5140 R

PEACHTREE BLVD.; 5158 PEACHTREE BLVD.; 5170 R PEACHTREE BLVD - 2013V-

015


Note: This case was originally scheduled and advertized for a public hearing on Oct. 10, 2013. By request of the applicant, the case was deferred by vote of City Council on Oct. 10 and rescheduled for November 14, 2013. The applicant conducted an informal community meeting in the Keswick Park Community Building on Sunday, November 3, and approximately 30 residents attended.

Item: Applicant proposes to construct a residential subdivision with ten lots on a site containing 3.254 acres accessed from Keswick Drive adjacent to the Keswick Park. The applicant requests variances pursuant to a proposed site plan dated 10/25/2013 as follows:

Variance #1: Reduce the minimum rear setback from 30 ft. to 20 ft. for lot 10 pursuant to Section 1004.

Variance #2: Reduce the minimum front yard setback from 30 ft. to 10 ft. for lots 1 through 5 pursuant

to Section 1004.

Variance #3: The applicant requests a variance from Section 513 of the Zoning Ordinance to allow

private drives in lieu of public streets as the means of access and a waiver of the Subdivision

Regulations, Sect. 4.3 that limits private driveways to serving two or fewer lots. This request is with

respect to lots 1-8.

RECOMMENDATION:

Staff recommends APPROVAL of VARIANCE #1, VARIANCE #2 and VARIANCE #3 with the following conditions:

1. Approval of each of the requested variances shall be subject to approval of rezoning of the property to NR-2. All approved conditions of rezoning approval shall be recorded as conditions of each of the variances granted by this action.

2. These variances are conditioned on development in substantial conformity with the Keswick Manor Zoning Plan dated 10/25/2013, with any revisions necessary to accomplish conditions of rezoning adopted by the Mayor and City Council.

Attachment List:

3.C.2

Packet Pg. 83

02.1_Staff Report_2013_V015_KeswickManor _ 11-08-2013revised (DOCX)

02.2_Application_Keswick Manor_Variances (PDF)

02.3 First Amendment_ boundary of site 10_04_13 (PDF)

02.4_Tax map - revised boundary (PDF)

02.5_Keswick_Site Survey (PDF)

02.6 Keswick Site Plan revised 2013-10-25B_Keswick_PLAN (PDF)

02.7_Deferral request letter (PDF)

Review:

Gary Cornell Completed 10/03/2013 9:07 AM



3.C.2

Packet Pg. 84

Staff Report to City Council Page 1 of 7 Petition No: 2013-V-015 Council Work Session: November 14, 2013


Petition No.: 2013-V-015 Development Department

STAFF REPORT - VARIANCES

Site Addresses (2): 5140 R Peachtree Blvd.; and 5172 R Peachtree Blvd.

Parcel Numbers (3): 18-300-10-047 and 18-300-10-013


Parcel Acreage: 3.254 Acres

Applicant: Oak Hall Companies, LLC

Representative: G. Douglas Dillard, Esq., Weissman, Nowack, Curry & Wilco, P.C.

Current Zoning: Neighborhood Residential (NR-2) pending rezoning approval from NR-1 to NR-2 under separate action by City Council. The NR-2 zoning district is intended primarily for single-family residences and related uses. The district is designed to stabilize and protect the residential characteristics of the district and to encourage a suitable family life on smaller lots.

Note: This case was originally scheduled and advertized for a public hearing on Oct. 10, 2013. By request of the applicant, the case was deferred by vote of City Council on Oct. 10 and rescheduled for November 14, 2013. The applicant conducted an informal community meeting in the Keswick Park Community Building on Sunday, November 3, and approximately 30 residents attended.

District Standards (as proposed):

Neighborhood Residential – 2 (NR-2) Dimensional Standards






Current Use: undeveloped; wooded.

Surrounding Land Uses: North – NR-1- City of Chamblee (Keswick Park) South – VC - Vacant warehouse; CC- Elaine Clark Center and Office/warehouse East – NR-1 – single-family detached residences West – NR-1 - City of Chamblee (Keswick Park)

Future Development Map: According to the adopted Comprehensive Plan Future Development Map

the subject property lies within the Neighborhood Living character area. NR-1 and NR-2 are

3.C.2.a

Packet Pg. 85

Att

ach

men

t: 0

2.1_

Sta

ff R

epo

rt_2

013_

V01

5_K

esw

ickM

ano

r _

11-0

8-20

13re

vise

d [

Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -



corresponding zoning districts. This is a summary description of this character area from the

Comprehensive Plan: 1) These neighborhoods have relatively well-maintained housing, possess a

distinct community identity through architectural style, lot and street design and have higher rates of

homeownership. 2) Infill or redevelopment of parcels within these neighborhoods will provide greater

lifestyle housing choices but should be compatible with the neighborhood as a whole. 3) Sensitivity to

surrounding residences in terms of light, bulk, setbacks, landscaping and mass should be reviewed. 4)

Investigate ways to improve alternative connectivity –sidewalks, paths, bike trails, etc. between

residential neighborhoods. Please see the Comprehensive plan for a complete description of this

character area.

Site Description: The subject property is undeveloped land consisting of two parcels totaling 3.254 acres

surrounded on three sides by Keswick Park. The site is situated on a curve in Keswick Park. Only

about half the property has frontage on the street and the remainder fronts directly on the park. Most

of the site has dense tree cover and underbrush. The property slopes steeply up from a shelf along the

street with grades as steep as 30 percent. The elevation of the rear property line is approximately 30

feet higher than the street level and parallels an abandoned railroad spur. There five drainage

structures with well-defined drainage swales on the property. There is a catch basin on the property that

drains across the frontage before passing into a culvert under Keswick Drive. A 24-inch diameter

corrugated metal pipe near the southeastern corner conducts stormwater from the existing building

directly above and behind the property. Another 60-inch diameter concrete pipe crosses the property

on the western side. It crosses Keswick Drive and discharges into a creek in the park. Two more 15-inch

corrugated metal pipes discharge on to the southwestern boundary of the property from the property

to the rear. A sanitary sewer line is located on the opposite side of Keswick Drive and passes through

the Park but has a manhole in Keswick Drive near the western end of the subject property.

Project Description:

The proposed Keswick Manor subdivision is proposed as ten residential lots that range in area from

7,953 sq. ft. to 12,765 sq. ft. sq. ft. not including open space totaling about 1 acre. The primary entrance

would be a 20 ft.wide private drive accessing Keswick Drive near the existing crosswalk. The entry drive

would ascend the slope and branch in two directions behind the lots where it would serve eight of the

homes. These eight houses would have rear-loaded garages while the remaining two would share a

driveway accessing Keswick Drive. Five of the lots would front Keswick Drive and five would front

directly onto the park. The single-family detached units would be two stories with a minimum of 2,500

sq. ft. of heated floor area. Homes would have craftsman and cottage-style architecture with two-car

garages accessed from the rear.

Background: The subject property is a tract of land owned by the Gipson family that has been zoned Neighborhood Residential – 1 (NR-1) and undeveloped. On May 15, 2007 City Council approved a preliminary plat for a subdivision with ten houses meeting the requirements of the NR-1 zoning district. Six lots would front a new cul de sac and four would have individual driveways on Keswick Road. However this development did not receive a land disturbance permit, the subdivision of property was never recorded and so the

3.C.2.a

Packet Pg. 86

Att

ach

men

t: 0

2.1_

Sta

ff R

epo

rt_2

013_

V01

5_K

esw

ickM

ano

r _

11-0

8-20

13re

vise

d [

Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -



subdivision is now null and void in accordance with the City of Chamblee Subdivision Regulations Section 2.7.1. Requested Actions: The applicant seeks variances from the following sections of the Zoning Ordinance:

Variance #1:

The applicant requests a variance for lot 10 from Section 1004 which requires a minimum rear yard

setback of 30 ft. on all lots. The applicant requests a 20 ft. rear yard setback for lot 10.

Analysis:

Based on decision criteria established in the City of Chamblee’s zoning ordinance, the variance request has been reviewed as follows:

Criterion 214.A.1: No variance shall be granted to allow a building, structure or use not authorized

in the applicable zoning district or a density of development not authorized with such development.

Assessment: Criterion is met. There are no buildings, uses or structures proposed on this lot that are

not authorized within the zoning district. The applicant has stated that the site development will

consist of a mixed-use development of multifamily apartments and commercial uses that are

permitted under the zoning.

Criterion 214.A.2. (a): There are extraordinary and exceptional conditions pertaining to the

particular property in question because of its size, shape or topography.

Assessment: Criterion is met. There are extraordinary and exceptional conditions pertaining to the

particular property in question because of its size, shape or topography. The property has in irregular

shape and steep topography. Lot 10 is shallower than the other lots in the subdivision because of the

size and shape of the property.

Criterion 214.A.2. (b): The application of this zoning ordinance to the particular piece of property

would create an unnecessary hardship.

Assessment: Criterion is met. The application of this zoning ordinance to the particular piece of

property would create an unnecessary hardship. Lot 10 has to be shallower than the other lots in the

subdivision because of the size and shape of the property. It would not be possible to have a full size

lot in this location of the property

Criterion 214.A.2. (c): Such conditions are peculiar to the particular piece of property involved.

3.C.2.a

Packet Pg. 87

Att

ach

men

t: 0

2.1_

Sta

ff R

epo

rt_2

013_

V01

5_K

esw

ickM

ano

r _

11-0

8-20

13re

vise

d [

Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -



Assessment: Criterion is met. Such conditions are peculiar to the particular piece of property

involved. There are few properties in the city that have such steep terrain and peculiar shape.

Criterion 214.A.2. (d): Such conditions are not the result of any actions of the property owner.

Assessment: Criterion is met. The conditions of the site including the peculiar shape, steep terrain,

and presence of multiple drainage structures do not appear to be the result of actions of the property

owner.

Criterion 214.A.2. (e): Relief, if granted, would not cause substantial detriment to the public good

nor impair the purposes or intent of this zoning ordinance.

Assessment: Criterion is met. Relief, if granted, would not cause substantial detriment to the public

good nor impair the purposes or intent of this zoning ordinance. The relief granted by this variance

will provide greater flexibility to design the site with less impact on tree removal, grading and

drainage.

Variance #2

The applicant requests a variance for five lots from Section 903.B. that requires a minimum 30 ft. front

yard setbacks for all lots. The applicant requests a 10 ft. front yard setback for lots 1 through 5.

Analysis:




Assessment: Criteria is met. There are no buildings, uses or structures proposed on this lot that are


consist of single-family detached residential subdivision that is permitted under the zoning

Neighborhood Residential-2.




particular property in question because of its size, shape or topography. The property has in irregular

shape and steep topography that make it advantageous to place the houses on lots 1 through 5 at

an angle to the property line so they will fit with the natural lay of the land (perpendicular to the

grade). This means they would have to be closer to the front property line.

3.C.2.a

Packet Pg. 88

Att

ach

men

t: 0

2.1_

Sta

ff R

epo

rt_2

013_

V01

5_K

esw

ickM

ano

r _

11-0

8-20

13re

vise

d [

Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -






property would create an unnecessary hardship. Houses on lots 1 through 5 at an angle to the

property line so they will fit with the natural lay of the land (perpendicular to the grade). This means

they would have to be closer to the front property line. To do otherwise would reduce the number of

lots on the property, which would be a hardship compared to the previously approved subdivision

plat.





Assessment: Criterion is met. The conditions of the site including the peculiar shape, steep terrain,

and presence of multiple drainage structures do not appear to be the result of actions of the property

owner.






drainage.

Variance #3 The applicant requests a variance from Section 513 to allow private drives as the means of access for lots 1-5; and a waiver of the Subdivision Regulations, Sect. 4.3 that limits private driveways to serving two or fewer lots.

Section 513 of the Zoning Ordinance states:

“Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to

an approved private street.”

Section 4.3 of the Subdivision Regulations (Appendix B) defines the term “private driveway” as follows:

3.C.2.a

Packet Pg. 89

Att

ach

men

t: 0

2.1_

Sta

ff R

epo

rt_2

013_

V01

5_K

esw

ickM

ano

r _

11-0

8-20

13re

vise

d [

Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -



“Private driveway: A roadway serving two or fewer lots, building sites or other division of land and not

intended to be public ingress or egress.”

Analysis:

Lots 1-8 on the site plan for Keswick Manor dated 10/25/2013 and submitted with this application front

on Keswick Park and are served from the rear by a “private drive/alley” that is 20 ft. wide.

Also, the site plan for Keswick Manor dated 10/25/2013 and submitted with this application shows a 20

ft. wide “entry drive” connecting to Keswick Drive and providing access to the rear “private drive/alley”

that serves lots 1-8.






consist of single-family uses that are permitted under the zoning district Neighborhood Residential-2.




particular property in question because of its size, shape or topography. Due to the unusual shape of

this parcel and curve on Keswick Drive, individual driveways to Keswick Drive would be unsafe. The

property has in irregular shape and steep topography that make it advantageous to use as little

pervious material as possible. The proposed lot and driveway configuration is safer and requires less

pavement surface than conventional streets.




property would create an unnecessary hardship. The proposed lot and driveway configuration

requires less space and provides more design flexibility than conventional public streets. To do

otherwise on this unusually shaped tract with steep terrain would reduce the number of lots on the

property, causing a hardship compared to the previously approved subdivision plat.

3.C.2.a

Packet Pg. 90

Att

ach

men

t: 0

2.1_

Sta

ff R

epo

rt_2

013_

V01

5_K

esw

ickM

ano

r _

11-0

8-20

13re

vise

d [

Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -







Assessment: Criterion is met. The conditions of the site including the peculiar shape and steep

terrain do not appear to be the result of actions of the property owner.






drainage.

STAFF RECOMMENDATION: Recommendations: Staff recommends APPROVAL of VARIANCE #1, VARIANCE #2 and VARIANCE #3 with the following conditions: 1. Approval of each of the requested variances shall be subject to approval of rezoning of the property

to NR-2. All approved conditions of rezoning approval shall be recorded as conditions of each of the variances granted by this action.

2. These variances are conditioned on development in substantial conformity with the Keswick Manor Zoning Plan dated 10/25/2013, with any revisions necessary to accomplish conditions of rezoning adopted by the Mayor and City Council.

_____________________________________________________________________________________CITY COUNCIL ACTION:

3.C.2.a

Packet Pg. 91

Att

ach

men

t: 0

2.1_

Sta

ff R

epo

rt_2

013_

V01

5_K

esw

ickM

ano

r _

11-0

8-20

13re

vise

d [

Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

3.C.2.b

Packet Pg. 92

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 93

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 94

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 95

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 96

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 97

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 98

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 99

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 100

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 101

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 102

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 103

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 104

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 105

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.b

Packet Pg. 106

Att

ach

men

t: 0

2.2_

Ap

plic

atio

n_K

esw

ick

Man

or_

Var

ian

ces

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.c

Packet Pg. 107

Att

ach

men

t: 0

2.3

Fir

st A

men

dm

ent_

bo

un

dar

y o

f si

te 1

0_04

_13

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.c

Packet Pg. 108

Att

ach

men

t: 0

2.3

Fir

st A

men

dm

ent_

bo

un

dar

y o

f si

te 1

0_04

_13

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.c

Packet Pg. 109

Att

ach

men

t: 0

2.3

Fir

st A

men

dm

ent_

bo

un

dar

y o

f si

te 1

0_04

_13

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.c

Packet Pg. 110

Att

ach

men

t: 0

2.3

Fir

st A

men

dm

ent_

bo

un

dar

y o

f si

te 1

0_04

_13

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.d

Packet Pg. 111

Att

ach

men

t: 0

2.4_

Tax

map

- r

evis

ed b

ou

nd

ary

[Rev

isio

n 1

] (

1235

: V

aria

nce

s -

Kes

wic

k M

ano

r S

ub

div

isio

n -

201

3V-0

15)

3.C.2.e

Packet Pg. 112

Att

ach

men

t: 0

2.5_

Kes

wic

k_S

ite

Su

rvey

[R

evis

ion

1]

(12

35 :

Var

ian

ces

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013V

-015

)

3.C.2.f

Packet Pg. 113

Att

ach

men

t: 0

2.6

Kes

wic

k S

ite

Pla

n r

evis

ed 2

013-

10-2

5B_K

esw

ick_

PL

AN

[R

evis

ion

1]

(12

35 :

Var

ian

ces

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013V

-015

)

3.C.2.g

Packet Pg. 114

Att

ach

men

t: 0

2.7_

Def

erra

l req

ues

t le

tter

(12

35 :

Var

ian

ces

- K

esw

ick

Man

or

Su

bd

ivis

ion

- 2

013V

-015

)





SUBJECT: VARIANCE: PLAZA DEL SOL, 5522 NEW PEACHTREE ROAD 2013V-17


ITEM:

The applicant proposes to lease space in an existing commercial center for a place of worship and to construct two additional signs along the frontage of 5522 New Peachtree Road. Three variances from provisions of the Zoning Ordinance are requested concerning the proposed use as a place of worship and four variances are requested regarding each of the two additional signs, as follows:

Part 1: Variances to General Use Provisions

Variance #1A: from Section 617 A. that requires a place of worship to be on a road that has at

least four lanes in order to locate a church on New Peachtree Road which does not have four

lanes;

Variance #1B: from Section 617 B. that requires that a building housing a place of worship be

set back as required by the applicable zoning district (20 ft. in Village Commercial) whereas the

existing building setback on the rear property line is less than 20 ft.;

Variance #1C: from Section 617 D. that requires a place of worship to have a planted buffer

strip at least ten feet in width along the side and rear property lines to allow a planted buffer

strip that is less than ten feet in width at certain places.

Part 2: Sign Variances

Variance #2A: from Section 1307 B.2.b. that requires that a planned center with one street frontage may have only one principal freestanding sign in order to erect two signs on the same street frontage

Variance #2B: Section 1308 B.3 that limits maximum height of a monument sign to 8 feet in

order to erect two signs that are 12 feet in height;

Variance #2C: Section 1308 B.5 that limits maximum sign area to 64 feet in order to erect two

signs having approximately 90 square feet each.

Variance #2D: Section 1308 B.6.c. that requires that signs greater than 64 square feet in area be

3.C.3

Packet Pg. 115

a minimum of 2,000 feet apart in order to construct two such signs that are approximately 435

feet apart;

RECOMMENDATION:

Staff recommends APPROVAL of Variance #1A, Variance #1B, and Variance #1C.

Staff recommends APPROVAL of Variance #2A (number of signs) and Variance #2D (spacing of signs) with the following conditions:

1. No more than two monument signs are allowed on the subject property’s frontage of New Peachtree Road.

2. Such signs shall be located one at the south driveway and one at the north driveway in the locations indicated in the application.

Staff recommends DENIAL of Variances #2B (sign height) and Variance #2C (sign area). If these variances are approved, staff recommends the following conditions be imposed:



3. Each sign shall be no taller than 12 ft. and no larger than 90 sq. ft. in sign area.

Attachment List:

03.1_Staff Report_2013_V017_Plaza del Sol (DOCX)

03.2_ Tax Map_5522 New Peachtree Rd (PDF)

03.3_Monument Signage Variance Application - Scanned, Complete (PDF)

03.4_Places of Worship Variance Application (PDF)

03.5_Plaza del Sol Survey (PDF)

03.6_Sign Location Diagram with Triangles (PDF)

Review:




3.C.3

Packet Pg. 116



Petition No.: 2013-V-017 Development Department

STAFF REPORT - VARIANCES

Site Address: 5522Peachtree Blvd.

Parcel Number: 18-309-04-001

Land Lot and District: 309 and 298 in the 18th

Parcel Acreage: 4.73 Acres

Applicant: Chamblee GA Plaza del Sol, LLC

Representative: Brooks Lumpkin

Current Zoning: Village Commercial (VC)

This zoning district is intended primarily for mixed-use development and related uses at a higher

density. This district provides a location for residences, retail, goods and services and offices to satisfy

the common and frequent needs of the city's commercial core and greater Chamblee area with design

standards and design parameters to encourage a pedestrian-friendly traditional urban form, oriented to

pedestrians, which will limit the conflicts between vehicles and pedestrians.

District Standards:

Current Use: One-story strip shopping center with 63,239 sq. ft. of retail space with

29 tenant spaces and 204 parking spaces.

Surrounding Land Uses: North – VC- Southern Railroad and MARTA ROW South – VC – Commercial uses including Furniture Mall and Brookhaven Plumbing and Air Conditioning and Sheltering Arms Early Education East – VC – Commercial properties including Wells Fargo Bank West – VC – Manna Pro Products bulk storage and distribution facility

Future Development Map: According to the adopted Comprehensive Plan Future Development Map

the subject property lies within the International Village character area. Village Commercial Zoning is

consistent with this character area. The International Village character area includes existing industrial

areas and is intended to promote a mix of uses with an international flair. Major non-residential

development is encouraged in mixed use buildings including tourist attractions and amenities.

VC Zoning District minimums prescribed

Total FAR (max) Res./Non-Res. 2.0 / 2.0 ; Total 4.0 Rear Yard 20’

Building Coverage (max) 80% Front Yard: New Peachtree Rd. 15’

Building Height (min./max.) 18 ft./ 75 ft. Side Yard (min.) 8’

Lot Size / Lot width (minimum) N/A; N/A Landscape Zone/Sidewalk Zone:

Parking (min. required) 1 space/200 s.f. (retail) - New Peachtree Rd. 7’ / 8’

3.C.3.a

Packet Pg. 117

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)



Site Description: The subject property is fully developed as a single-story retail center consisting of with 63,239 sq. ft. of retail space and 204 parking spaces on a 4.73 acre site. The site has 874 ft. of frontage on New Peachtree Road with two driveways. The parking lot includes a plaza and trellis as an entry feature. A variance was granted in April, 2003 with respect to the amount and design of landscaping in the parking lot. There is one small monument entrance sign on New Peachtree Road, and individual tenants have wall signs. Requested Actions: The applicant proposes to lease space in the existing commercial center for a place of worship. No improvements are anticipated except for two new monument signs. The applicant requests variances to to construct two additional signs along the frontage of 5522 New Peachtree Road. Each of the signs is proposed to be 12 ft. tall and 90 sq. ft. in area. The applicant states that the additional size and height of the signs would be needed in order to provide sign space for 20 of 29 possible tenants.

Part 1: Variances to General Use Provisions

Three variances from provisions of the Zoning Ordinance are requested to allow a place of worship as a tenant in the existing building. According to the Zoning Ordinance, Section 1002. Permitted uses, the Village Commercial (VC) zoning district allows “religious institutions and other places of worship and accessory facilities”, subject to General Use Provisions of Section 617 which states the following regarding the use, “institutional uses and places of worship”:

“Sec. 617. Institutional uses and places of worship. Institutional uses and places of worship shall meet the following additional criteria:

A. Said uses shall be located on a four lane or wider street with at least 100 feet of public street frontage;

B. The buildings shall not be set back less than 75 feet from any property line, except where the adjoining property is zoned for nonresidential use, in which case the setback shall be established within the applicable zoning district;

C. No parking area shall be established within 20 feet of a residence; and

D. There shall be a planted buffer strip of at least ten feet in width along the side and rear property lines.”

Variance #1A: from Section 617 A. that requires a place of worship to be on a road that has at least four

lanes in order to locate a church on New Peachtree Road which does not have four lanes;

Analysis: Based on decision criteria established in the City of Chamblee’s zoning ordinance, the variance

request has been reviewed as follows:




not authorized within the zoning district. Village Commercial zoning allows “religious institutions and

3.C.3.a

Packet Pg. 118

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)



other places of worship and accessory facilities”, subject to General Use Provisions of Section 617

regarding institutional uses and places of worship.




particular property in question because of its location on New Peachtree Road, which is classified as

an arterial street. It has four lanes at some locations, but there are only two lanes at this location.




property would create an unnecessary hardship. New Peachtree Road is classified as an arterial

street. It has four lanes at some locations, but it has only two lanes at this location. This location has

adequate street capacity and the existing driveways are adequate in terms of capacity and safety to

accommodate the anticipated traffic generated by the proposed place of worship. There is an

existing place of worship on New Peachtree Road near Watkins Avenue (Iglesia del Dios Pentecostal)

where the street has four lanes.



involved. There are few other properties in such locations on New Peachtree Road without four

lanes.


Assessment: Criterion is met. The conditions of the site including the number of lanes on New

Peachtree Road are not the result of actions of the property owner.




good nor impair the purposes or intent of this zoning ordinance. This location has adequate street

capacity and the existing driveways are adequate in terms of capacity and safety to accommodate

the anticipated traffic generated by the proposed place of worship.

Variance #1B: from Section 617 B. that requires that a building housing a place of worship be set back as

required by the applicable zoning district (20 ft. in Village Commercial) whereas the existing building

setback on the rear property line is less than 20 ft.).

3.C.3.a

Packet Pg. 119

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)














particular property in question because of its shape and location. The site is very shallow and the

existing structure is extremely close to the MARTA right of way on the north.




property would create an unnecessary hardship. The existing structure is extremely close to the

MARTA right of way on the north. This condition may be the result of MARTA construction. In any

case, it would be impossible to provide the required 20 ft. rear setback without demolishing a large

portion of the existing structure.



involved. There are few other properties in such locations abutting the MARTA right of way.


Assessment: Criterion is met. The conditions of the site including the location of the current structure

adjacent to the MARTA right of way are not the result of actions of the property owner.




good nor impair the purposes or intent of this zoning ordinance. This building has been in successful

operation for at least ten years without incident. Existing commercial tenants in the building include

3.C.3.a

Packet Pg. 120

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)



schools and businesses that are open 6-7 days a week. Replacing some of this space with a place of

worship that uses the building 1-2 days per week lessens the intensity of the use.

Variance #1C: from Section 617 D. that requires a place of worship to have a planted buffer strip at least

ten feet in width along the side and rear property lines to allow a planted buffer strip that is less than

ten feet in width at certain places.












particular property in question because of its shape and location. The site is very shallow and the

existing structure and parking lot and drives were constructed too close to the existing property lines

to provide adequate space for planting a ten foot wide buffer strip. The rear of the property abuts

the railroad, so it would not seem necessary to install a planted buffer next to the railroad. This

property previously received variances from the City Council to reduce the required amount of

landscaping on the property.




property would create an unnecessary hardship. The existing structure is extremely close to the

property line on the north and the existing parking lot and drives do not allow space for adding a

ten-foot landscape strip. This condition was pre-existing and this property previously received

variances from the City Council to reduce the required amount of landscaping on the property. It

would not appear to be necessary to install additional landscaping now due to the change in use

from a commercial retail use to a place of worship.



involved. There are few other properties in such locations abutting the MARTA right of way.

3.C.3.a

Packet Pg. 121

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)




Assessment: Criterion is met. The conditions of the site including the location of the current structure

adjacent to the MARTA right of way are not the result of actions of the property owner.




good nor impair the purposes or intent of this zoning ordinance. This building has been in successful

operation for at least ten years without incident. This property previously received variances from

the City Council to reduce the required amount of landscaping on the property. The rear of the

property abuts the railroad, so it would not seem necessary to install a planted buffer next to the

railroad.

Part 2: Sign Variances

Variance #2A: from Section 1307 B.2.b. that requires that a planned center with one street frontage may have only one principal freestanding sign in order to erect two signs on the same street frontage.

Analysis:











particular property in question because of its size and shape. The site is unusual in that it has two

driveways and over 800 feet of frontage along New Peachtree Road. The two driveways are more

than 400 feet apart. Therefore this frontage would merit having separate monument signs for each

entrance to achieve visibility.



3.C.3.a

Packet Pg. 122

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)



Assessment: Criterion is met. The site is unusual in that it has two driveways and over 800 feet of

frontage along New Peachtree Road. The two driveways are more than 400 feet apart. It has had

difficulty obtaining stable tenants. Therefore it would be a hardship for this property to be restricted

to one sign in terms of achieving adequate visibility for its entrances.


Assessment: Criterion is met. Such conditions are relatively peculiar to the particular piece of

property involved. There are few other properties in such locations abutting New Peachtree Road

that have over 800 feet of frontage.


Assessment: Criterion is met. The conditions of the site including its proportions are not the result of

actions of the current property owner.




good nor impair the purposes or intent of this zoning ordinance provided that the two signs, if

permitted are limited in height and size.

Variance #2B: Section 1308 B.3 that limits maximum height of a monument sign to 8 feet in order to

erect two signs that are 12 feet in height;

Analysis:










Assessment: Criterion is met. There are no extraordinary and exceptional conditions pertaining to

the particular property in question because of its size and shape that would support increasing the

maximum permitted height of signs on the property. New Peachtree Road is relatively straight and

level at this location. The site is unusual in that it is very shallow and the existing building front is

3.C.3.a

Packet Pg. 123

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)



relatively close to New Peachtree Road. Therefore wall signs on the façade of existing buildings have

relatively good visibility from New Peachtree Road.



Assessment: Criterion is not met. The site is unusual in that the street is straight and level and the

site is shallow so the building fronts have relatively good visibility from the street. Therefore it would

not be a hardship for this property to be restricted to signs eight feet in height as allowed in the

Zoning Ordinance given that the same restrictions apply to other similarly situated properties.


Assessment: Criterion is not met. There are no conditions that are peculiar to the subject property

that support an increase in sign height.


Assessment: Criterion is not met. There are no conditions of the site not the result of actions of the

current property owner that support the request for additional height of signs.



Assessment: Criterion is not met. Relief, if granted, could result in further proliferation of

unnecessarily tall signs along New Peachtree Road.

Variance #2C: Section 1308 B.5 that limits maximum sign area to 64 feet in order to erect two signs

having approximately 90 square feet each.

Analysis:










3.C.3.a

Packet Pg. 124

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)



Assessment: Criterion is met. There are no extraordinary and exceptional conditions pertaining to

the particular property in question because of its size and shape that would support increasing the

maximum permitted area of signs on the property. New Peachtree Road is relatively straight and

level at this location. The site is unusual in that it is very shallow and the existing building front is

relatively close to New Peachtree Road. Therefore monument signs will be highly visible and the

existing wall signs on the façade of existing buildings have relatively good visibility from New

Peachtree Road.



Assessment: Criterion is not met. The site is unusual in that the street is straight and level and the

site is shallow so the building fronts have relatively good visibility from the street. Therefore it would

not be a hardship for this property to be restricted to monument signs with a maximum area of 64

square feet as specified in the Zoning Ordinance, given that the same restrictions apply to other

similarly situated properties.


Assessment: Criterion is not met. There are no conditions that are peculiar to the subject property

that support an increase in the area of monument signs beyond the maximum permitted in Article

XIII of the Zoning Ordinance.


Assessment: Criterion is not met. There are no conditions of the site not the result of actions of the

current property owner that support the request for additional size of monument signs beyond the

maximum permitted in Article XIII of the Zoning Ordinance.



Assessment: Criterion is not met. Relief, if granted, could result in further proliferation of

unnecessarily large monument signs along New Peachtree Road.

Variance #2D: Section 1308 B.6.c. that requires that signs greater than 64 square feet in area be a

minimum of 2,000 feet apart in order to construct two such signs that are approximately 435 feet apart;

Analysis:




3.C.3.a

Packet Pg. 125

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)










particular property in question because of its size and shape. The site is unusual in that it has two

driveways and over 800 feet of frontage along New Peachtree Road. The two driveways are 435 feet

apart. Therefore this frontage could merit having separate monument signs for each entrance to

achieve visibility provided the signs are not excessively large or tall.



Assessment: Criterion is met. The site is unusual in that it has two driveways and over 800 feet of

frontage along New Peachtree Road. The two driveways are more than 435 feet apart. It has had

difficulty obtaining stable tenants. Therefore it would be a hardship for this property to be restricted

to one sign in terms of achieving adequate visibility for its entrances.


Assessment: Criterion is met. Such conditions are relatively peculiar to the particular piece of

property involved. There are few other properties in such locations abutting New Peachtree Road

that have over 800 feet of frontage.


Assessment: Criterion is met. The conditions of the site including its proportions are not the result of

actions of the current property owner.




good nor impair the purposes or intent of this zoning ordinance provided that the two signs, if

permitted are limited in height and size.

STAFF RECOMMENDATION: Staff recommends APPROVAL of Variance #1A, Variance #1B, and Variance #1C.

3.C.3.a

Packet Pg. 126

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)



Staff recommends APPROVAL of Variance #2A (number of signs) and Variance #2D (spacing of signs) with the following conditions:



Staff recommends DENIAL of Variances #2B (sign height) and Variance #2C (sign area). If any of these variances is approved, staff recommends the following conditions be imposed:



3. Each sign shall be no taller than 12 ft. and no larger than 90 sq. ft. in sign area. _____________________________________________________________________________________CITY COUNCIL ACTION:

3.C.3.a

Packet Pg. 127

Att

ach

men

t: 0

3.1_

Sta

ff R

epo

rt_2

013_

V01

7_P

laza

del

So

l (1

250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.b

Packet Pg. 128

Att

ach

men

t: 0

3.2_

Tax

Map

_552

2 N

ew P

each

tree

Rd

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

201

3V-1

7)

3.C.3.c

Packet Pg. 129

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 130

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 131

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 132

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 133

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 134

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 135

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 136

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 137

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 138

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.c

Packet Pg. 139

Att

ach

men

t: 0

3.3_

Mo

nu

men

t S

ign

age

Var

ian

ce A

pp

licat

ion

- S

can

ned

, Co

mp

lete

(12

50 :

Var

ian

ce:

Pla

za D

el S

ol,

5522

New

Pea

chtr

ee R

oad

3.C.3.d

Packet Pg. 140

Att

ach

men

t: 0

3.4_

Pla

ces

of

Wo

rsh

ip V

aria

nce

Ap

plic

atio

n (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.d

Packet Pg. 141

Att

ach

men

t: 0

3.4_

Pla

ces

of

Wo

rsh

ip V

aria

nce

Ap

plic

atio

n (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.d

Packet Pg. 142

Att

ach

men

t: 0

3.4_

Pla

ces

of

Wo

rsh

ip V

aria

nce

Ap

plic

atio

n (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.d

Packet Pg. 143

Att

ach

men

t: 0

3.4_

Pla

ces

of

Wo

rsh

ip V

aria

nce

Ap

plic

atio

n (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.d

Packet Pg. 144

Att

ach

men

t: 0

3.4_

Pla

ces

of

Wo

rsh

ip V

aria

nce

Ap

plic

atio

n (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.d

Packet Pg. 145

Att

ach

men

t: 0

3.4_

Pla

ces

of

Wo

rsh

ip V

aria

nce

Ap

plic

atio

n (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.e

Packet Pg. 146

Att

ach

men

t: 0

3.5_

Pla

za d

el S

ol S

urv

ey (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.f

Packet Pg. 147

Att

ach

men

t: 0

3.6_

Sig

n L

oca

tio

n D

iag

ram

wit

h T

rian

gle

s (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)

3.C.3.f

Packet Pg. 148

Att

ach

men

t: 0

3.6_

Sig

n L

oca

tio

n D

iag

ram

wit

h T

rian

gle

s (

1250

: V

aria

nce

: P

laza

Del

So

l, 55

22 N

ew P

each

tree

Ro

ad 2

013V

-17)





SUBJECT: VARIANCE: 3056 PARK LANE 2013V-18


Item: The applicant proposes to demolish an existing single-family residence and construct a new single-family home on the subject property consisting of 1.6 acres located at 3056 Park Lane. In order to redevelop the property the applicant seeks a variance of provisions of the Zoning Ordinance regarding threshold location and a waiver of provisions of Chapter 34 -Environment regarding stream buffers, as follows:

Variance: from Section 512 that requires that when redeveloping the site of an existing single-family

residential structure, the new threshold shall be built at the equivalent elevation and within 3 feet of the

same distance from the right-of-way as the existing threshold. The applicant proposes to build a new

house with a threshold elevation of 954.0 compared to the threshold elevation of the existing house,

which is 951.59. The threshold of the new house would be 36.0 ft. from the right-of-way of Park Lane

compared to the existing threshold that is 40.8 ft. from the right-of-way.

Stream Buffer Variance: from Chapter 34 - Environment, Section 34-1005 that requires that any

impervious surface adjacent to a stream be set back a minimum of 25 ft. beyond the required 50 ft.

undisturbed natural vegetative buffer . The applicant proposes to locate the new house 0 ft. beyond the

required 50 ft. undisturbed natural vegetative buffer.

Staff Recommendation:

Based on the analysis in the staff report, staff recommends APPROVAL of the requested Stream Buffer Variance and APPROVAL of the requested variance of Section 512 of the Zoning Ordinance with the following conditions:

1. The applicant will remove the existing shed located inside the 25 ft. state waters buffer, subject to approval of the Georgia Department of Natural Resources.

2. No encroachment inside the required 50 ft. Undisturbed natural vegetative buffer is allowed during or after construction.

3. The proposed porch and deck must be supported on piers and may encroach no more than 235 square feet into the required 25 ft. setback for impervious surface.

4. The proposed house must not encroach more than 360 sq. ft. into the required 25 ft. setback for impervious surface.

3.C.4

Packet Pg. 149

5. The extent of pavement such as driveways, walkways and patios will be minimized, and all such areas will be constructed of pervious paving materials approved in the Georgia Stormwater Management Manual.

6. The applicant will prepare a stormwater management plan and hydrology study that will examine means to protect the stream banks from erosion and minimize runoff into the stream.

7. The elevation of the new threshold shall not exceed 944.0 NAVD.

8. The new threshold shall not be located farther than 36 feet from the right of way of Park Lane.

Attachment List:

04.1_StaffReport_2013V-018_3056 Park Lane (DOCX)

04.2_Tax Map_3056 Park Lane (PDF)

04.3_Variance Appl 2013V-018 (PDF)

04.4_Survey of Existing Conditions (PDF)

04.5_Site Topo Survey (PDF)

04.6_Park Ln Site Final 2 10-1-13 - Brian comments (PDF)

04.7_Floodplain Manager Approval (PDF)

04.8_Encroachment area -Stream Buffer (PDF)

Review:




3.C.4

Packet Pg. 150

of 7 Petition No: 2013V – 018 City Council Work Session: November 14, 2013 (public hearing) Regular City Council Meeting: November 19, 2013

Petition No.: 2013V – 018 Development Department

Site Address: 3056 Park Lane



Parcel Acreage: 1.65 acres

Applicant: Roma Ventures, LLC

Representative: Darron Kusman

Current Zoning: Neighborhood Residential 1 (NR-1): This zoning district is intended primarily for single-family residences and related uses. This district is designed to stabilize and protect the residential characteristics of the district and to encourage a suitable family life on larger lots.

District Standards:

Current Use: Single Family Home

Surrounding Land Uses: West – NR-1, single-family residences East – NR-1, single-family residences North – NR-1, single-family residences South – NR-1, single-family residences

Future Development Map: The future development map identifies the subject property within the

Neighborhood Living character area. The Neighborhood Living character area is intended to protect existing moderate-density single-family neighborhoods, with single family homes on large lots. Infill will provide greater lifestyle housing choices but should be compatible with the neighborhood as a whole, especially with regards to setbacks, landscaping, and mass.

Site Description: The subject property is on the northwest corner of Skyland Drive and

Park Lane consisting of one residence on a wooded lot of 1.65 acres. The site is traversed by a stream known as North Fork Peachtree Creek Tributary A. It contains portions of the 100 year floodplain with a Base Flood Elevation at 931.7 NAVD. The current structure is vacant and

NR-1 Zoning District standards

Total FAR (max) .50 Minimum Side Yard 20’ (corner)

Maximum Building Coverage 35% Minimum Rear Yard 40’

Max Building Height 34’ Minimum Front Yard 30’

Minimum Lot Size 12,000 Min. Bldg. Façade Elevation 12’

Minimum Lot Width 60’ Minimum Landscape Zone 3’

Minimum Parking spaces 2/dwelling unit Minimum Sidewalk Zone 5’

3.C.4.a

Packet Pg. 151

Att

ach

men

t: 0

4.1_

Sta

ffR

epo

rt_2

013V

-018

_305

6 P

ark

Lan

e (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)


consists of a 1-story residence with approximately 1,200 sq. ft. The existing house has a finished floor elevation of 951.59 NAVD and encroaches on the required side-yard setback and the required stream buffer.

Project Description: The proposed new construction would consist of a two-story house with

a basement having a total finished floor area of 3,205 square feet. The finished floor elevation is proposed to be 954.0 NAVD and the basement floor elevation is proposed to be 943.85. The abutting two-car garage will have a floor elevation of 953.0. The house would meet required building setbacks, except that the front porch encroaches 2 ft. within the required front yard. This encroachment is permitted by Section 804-A. of the Zoning Ordinance that allows a front yard encroachment of up to 3 ft. for porches, stairs and similar building appurtences. The applicant has submitted the proposed plan for evaluation by Brian Shoun, the DeKalb County Floodplain Manager who found no floodplain encroachments would result from the construction of the proposed new house.

Applicant’s Intent: The applicant proposes to demolish the existing single-family residence and construct a new single-family home on the subject property located at 3056 Park Lane. In order to redevelop the property the applicant seeks a waiver of provisions of Chapter 34 –Environment regarding stream buffers, as well as a variance of provisions of the Zoning Ordinance regarding threshold location as follows:

Part 1: Stream Buffer Variance

Chapter 34 – Environment, Section 34-1005(a) states:

“Sec. 34-1005. Land development requirements.

(a) Buffer and setback requirements. All land development activity subject to this article shall meet the following

requirements:

(1) An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on

both banks (as applicable) of the stream as measured from the top of the stream bank.

(2) An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed

natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving

shall be minimized within the setback.

(3) No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.”

The applicant requests a variance from sub-section (a)(2) that requires a 25 ft. setback of any impervious

surface from the 50 ft. natural, undisturbed buffer. The applicant proposes to locate the new house

within 3.3 ft. of the required 50 ft. undisturbed natural vegetative buffer, resulting in an encroachment

of 21.7 feet. This area of encroachment for the footprint of the house is 360 square feet and the

3.C.4.a

Packet Pg. 152

Att

ach

men

t: 0

4.1_

Sta

ffR

epo

rt_2

013V

-018

_305

6 P

ark

Lan

e (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)


elevated porch on the rear of the house would encroach by an additional 235 square feet. The house

will be on public sewer so no septic tank is needed.

Required Procedure for Reviewing the Variance Request

Chapter 34, Section 34-1005(b) of the City of Chamblee Code of Ordinances reads as follows:

“Variances from the above buffer and setback requirements may be granted in accordance with the

following provisions:

(1) Where a parcel was platted prior to the effective date of this article, and its shape, topography or

other existing physical condition prevents land development consistent with this article, and the (review

and permitting authority) finds and determines that the requirements of this article prohibit the

otherwise lawful use of the property by the owner, the city council may grant a variance from the buffer

and setback requirements hereunder, provided such variance require mitigation measures to offset the

effects of any proposed land development on the parcel.

(2) Except as provided above, the city council shall grant no variance from any provision of this article

without first conducting a public hearing on the application for variance and authorizing the granting of

the variance by an affirmative vote of the (appeals board). The (local jurisdiction) shall give public notice

of each such public hearing in a newspaper of general circulation within (local jurisdiction). The (local

jurisdiction) shall require that the applicant post a sign giving notice of the proposed variance and the

public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly

visible from the primary adjacent road right-of-way.

Variances will be considered only in the following cases:

a. When a property's shape, topography or other physical conditions existing at the time of the adoption of this

article prevents land development unless a buffer variance is granted.

b. Unusual circumstances when strict adherence to the minimal buffer requirements in this article would create

an extreme hardship.

c. Variances will not be considered when, following adoption of this article, actions of any property owner of a

given property have created conditions of a hardship on that property. “

Analysis:

Provisions of 34-1005(b)(1) are met. This parcel was platted prior to July of 2006, which is the effective

date of this provision. The shape, topography of the parcel, the location and orientation of the stream,

the City’s setback requirements, and the presence of a DeKalb County sewer easement on the property

impose severe limitations on this property. If the applicant were to try and build a new house without

the requested stream buffer variance, he would have to locate the new house at the very rear of the

property, over 300 feet from Park Lane. This would result in a very long driveway and a bridge to cross

the stream. The long driveway and bridge would be expensive and could result in a greater impact to the

stream than the proposed plan. The existing house does not meet the City’s side yard setback or stream

buffer setback requirements. Some mitigative measures may be possible that would serve to offset the

effects of the proposed construction.

3.C.4.a

Packet Pg. 153

Att

ach

men

t: 0

4.1_

Sta

ffR

epo

rt_2

013V

-018

_305

6 P

ark

Lan

e (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)


Provisions of 34-1005(b)(2) are met. The first paragraph of sub-section (2) pertains to the public hearing and public notice that has been provided. The second paragraph of sub-section (2) sets forth three conditions that have also been met as was stated above in discussion of provisions of sub-section (1):

a. The property's shape, topography and other physical conditions existing at the time of the adoption of this

article prevents land development unless a buffer variance is granted.

b. Strict adherence to the minimal buffer requirements in this article would create an extreme hardship.

c. No actions of any property owner following adoption of the stream buffer provisions have created conditions

of a hardship on that property.

Section 34-1005(b)(4) provides six factors to consider in determining whether to issue a variance to the stream buffer requirements of Section 34-1005 of the Development Regulations.

1. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the

property;

2. The locations of all streams on the property, including along property boundaries;

3. The location and extent of the proposed buffer or setback intrusion;

4. Whether alternative designs are possible which require less intrusion or no intrusion;

5. The long-term and construction water-quality impacts of the proposed variance; and

6. Whether issuance of the variance is at least as protective of natural resources and the

environment.

Factor 1: The shape, size, topography, slope, soils, vegetation and other physical characteristics of the

property. The physical characteristics of the property indicate that it is relatively stable due to the

minimal amount of land disturbance that has taken place in the recent past. The majority of the site

consists of mature vegetation of overstory and understory trees with adequate ground cover to impede

excessive runoff. Soils on the property are classified as Pacolet-Urban land complex, 10 to 25 percent

slope. These soils would support the proposed construction. They consist of well-drained sandy loam and

clay with a depth to restrictive features of more than 80 inches.

Factor 2: The locations of all streams on the property, including along property boundaries. The site is

traversed by a stream known as North Fork Peachtree Creek Tributary A. It contains portions of the 100

year floodplain with a Base Flood Elevation at 931.7 NAVD. The stream passes through the subject

property on a diagonal course from northwest to southeast.

Factor 3: The location and extent of the proposed buffer or setback intrusion. The course of the stream

passing through the site in a diagonal fashion, along with the associated 75 ft. stream buffer and

required side yard and front yard setbacks leaves only a small, trapezoidal corner of buildable area in the

southwestern corner of the site adjacent to the intersection of Park Lane and Skyland Drive. The largest

portion of the site is northeast of the stream but it is landlocked by the stream buffer because it has no

street access.

3.C.4.a

Packet Pg. 154

Att

ach

men

t: 0

4.1_

Sta

ffR

epo

rt_2

013V

-018

_305

6 P

ark

Lan

e (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)


Factor 4: Whether alternative designs are possible which require less intrusion or no intrusion. The

applicant states “There is no alternative plan maintaining the 75 ft. stream buffer with less impact on the

stream.” If the applicant were to try and build a new house without the requested stream buffer

variance, he would have to locate the new house at the very rear of the property, over 300 feet from

Park Lane. This would result in a very long driveway and a bridge to cross the stream. The long driveway

and bridge would be expensive and could result in a greater impact to the stream than the proposed

plan.

Factor 5: The long-term and construction water-quality impacts of the proposed variance. The area of

the site is 1.64 acres. The amount to be disturbed during construction is 9,400 sq. ft. or about is

approximately 14% of the total site area. The proposed site plan results in impervious surface coverage

of less than 5 percent of the site. This ratio should be good for maintaining water quality over the long-

term.

Factor 6: Whether issuance of the variance is at least as protective of natural resources and the

environment. If the variance were not approve, the applicant would either leave the existing vacant

house and shed that are encroaching on the stream buffer and also on the required side yard setback or

else build a new house at the very rear of the property, over 300 feet from Park Lane. This would result in

a very long driveway and a bridge to cross the stream. The long driveway and bridge may result in a

greater impact to the stream than the proposed plan.

Part 2: Variance from Section 512

Section 512 of the Zoning Ordinance states:

“[...] The newly built threshold shall be the equivalent elevation and within three feet of distance from the right-of-way (as measured in the front yard) as the existing or previous threshold. No part of the newly built home can extend beyond three feet of the newly established threshold (excluding porches). […]”

The applicant proposes to build a new house with a threshold elevation of 954.0 compared to the

threshold elevation of the existing house, which is 951.59. This is not an equivalent elevation. The

threshold of the new house would be 36.0 ft. from the right-of-way of Park Lane - 3 ft. closer than the

threshold of the existing house that is 40.8 ft. from the right-of-way.

Analysis: Staff offers the following analysis using criteria required in Section 214 of the Zoning Ordinance that govern decisions on variance applications:



3.C.4.a

Packet Pg. 155

Att

ach

men

t: 0

4.1_

Sta

ffR

epo

rt_2

013V

-018

_305

6 P

ark

Lan

e (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)



not authorized within the zoning district. The applicant has stated that the subject property will be

developed for a single-family residence that would be permitted in the NR-1 zoning district.




particular property because of its topography and the presence of the stream in a location that

severely limits the buildable area of the lot. Although the new threshold is 2.5 feet higher than the

existing house it will be further above the Base Flood Elevation of the 100-year flood plain related to

the adjacent stream. The location of the threshold being 3 feet closer to the right of way will not

create a significant variation from the prevailing setbacks of homes on nearby properties and it will

allow the new house to avoid the stream buffer to a greater degree.



Assessment: Criterion is not met. Application of this zoning ordinance to the particular piece of

property would not create an unnecessary hardship. It would appear to be feasible to reduce the

height and location of the threshold so that it would be equivalent in elevation and distance from the

right-of-way as the existing house. However if this were done, while also minimizing the

encroachment in the stream buffer, it would limit the size of the house that could be constructed on

this site.


Assessment: Criterion is met. The conditions requiring this waiver are peculiar to the particular piece

of property and consist of magnitude and orientation of the stream on the property that results in

large areas of the property that are restricted and made inaccessible by stream buffers, floodplain

and a DeKalb County sewer easement.


Assessment: Criterion is met. The conditions that are peculiar to the particular piece of property

consist of the presence of a stream and sewer easement are not the result of actions of the property

owner.



Assessment: If granted, the requested relief does not have significant potential to cause substantial

detriment to the public good nor impair the purposes or intent of this zoning ordinance. The

3.C.4.a

Packet Pg. 156

Att

ach

men

t: 0

4.1_

Sta

ffR

epo

rt_2

013V

-018

_305

6 P

ark

Lan

e (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)


applicant is demolishing a vacant house and will be required to remove a shed that have encroached

in the stream buffer for many years. The runoff from the existing driveway drains toward the stream.

In this way the new house may result in an improvement in the public good.

STAFF RECOMMENDATION: Based on the foregoing analysis, staff recommends APPROVAL of the requested Stream Buffer Variance and APPROVAL of the requested variance of Section 512 of the Zoning Ordinance with the following conditions: 1. The applicant will remove the existing shed located inside the 25 ft. state waters buffer, subject to

approval of the Georgia Department of Natural Resources. 2. No encroachment inside the required 50 ft. undisturbed natural vegetative buffer is allowed during

or after construction. 3. The proposed porch and deck must be supported on piers and may encroach no more than 235

square feet into the required 25 ft. setback for impervious surface. 4. The proposed house must not encroach more than 360 sq. ft. into the required 25 ft. setback for

impervious surface. 5. The extent of pavement such as driveways, walkways and patios will be minimized, and all such

areas will be constructed of pervious paving materials approved in the Georgia Stormwater Management Manual.

6. The applicant will prepare a stormwater management plan and hydrology study that will examine means to protect the stream banks from erosion and minimize runoff into the stream.

7. The elevation of the new threshold shall not exceed 944.0 NAVD. 8. The new threshold shall not be located farther than 36 feet from the right of way of Park Lane.

3.C.4.a

Packet Pg. 157

Att

ach

men

t: 0

4.1_

Sta

ffR

epo

rt_2

013V

-018

_305

6 P

ark

Lan

e (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.b

Packet Pg. 158

Att

ach

men

t: 0

4.2_

Tax

Map

_305

6 P

ark

Lan

e (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 159

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 160

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 161

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 162

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 163

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 164

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 165

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 166

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 167

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 168

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 169

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 170

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 171

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 172

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.c

Packet Pg. 173

Att

ach

men

t: 0

4.3_

Var

ian

ce A

pp

l 201

3V-0

18 (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.d

Packet Pg. 174

Att

ach

men

t: 0

4.4_

Su

rvey

of

Exi

stin

g C

on

dit

ion

s (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C.4.e

Packet Pg. 175

Att

ach

men

t: 0

4.5_

Sit

e T

op

o S

urv

ey (

1251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

3.C

.4.f

Pac

ket

Pg

. 176

Attachment: 04.6_Park Ln Site Final 2 10-1-13 - Brian comments (1251 : Variance: 3056 Park Lane 2013V-18)

bshoun

Polygonal Line

bshoun

Callout

1. "Filling in the floodplain" compensation - I do not see any proposed construction that is "filling" - therefore plans meet this rule

bshoun

Callout

2. "Impact on flood elevations" - I do not see any proposed construction that impacts flood elevations - therefore plans meet this rule

bshoun

Callout

SFHA Base Flood Elevation @ 931.7

bshoun

Callout

SFHA Base Flood Elevation @ 932

bshoun

Callout

3. "Minimum Lowest Floor Elevation" - The SFHA Base Flood Elevation is 931.7 - The minimum floor elevation is 934.7 - The Basement Floor Elevation is 943.85 - therefore plans meet this rule

bshoun

Text Box

Reviewed for compliance with Floodplain Management ordinance requirements: 1. fill compensation 2. impact on flood elevations 3. minimum lowest floor elevation Reviewed by: Brian Shoun, Flood Management Supervisor, DeKalb County for City of Chamblee requested by Gary Cornell (Director of Development) 2013-10-01

bshoun

Callout

SFHA Base Flood Elevation @ 931

COPY OF EMAIL COMMUNICATION - 10/1/2013 From: Shoun, Brian [[email protected]] Sent: Tuesday, October 01, 2013 13:52 To: Gary Cornell Cc: Darron Kusman Subject: 3056 Park Lane - flood management ordinance review Attachments: Park Ln Site Final 2 10-1-13 - Brian comments.pdf Hello Gary, My comments are on the plan sheet. It appears that no work is planned within the floodplain – therefore plans are in compliance with the rules. If you have any questions, please contact me.

Brian Shoun, PE, CFM

Flood Management DeKalb County Engineering and Technical Services 330 W. Ponce de Leon Ave. Suite 300 Decatur, GA 30030 (o) 404-371-2012 (cell) 404-391-4137 [email protected]

3.C.4.g

Packet Pg. 177

Att

ach

men

t: 0

4.7_

Flo

od

pla

in M

anag

er A

pp

rova

l (1

251

: V

aria

nce

: 30

56 P

ark

Lan

e 20

13V

-18)

mailto:[email protected]

3.C.4.h

Packet Pg. 178

Att

ach

men

t: 0

4.8_

En

cro

ach

men

t ar

ea -

Str

eam

Bu

ffer

(12

51 :

Var

ian

ce:

3056

Par

k L

ane

2013

V-1

8)




RESOLUTION (ID # 1254)

SUBJECT: RESOLUTION TO SUPPORT NANCY CREEK WATERSHED

MANAGEMENT PLANNING GRANT


REQUESTED ACTION:

Adoption of Resolution of support and commitment to fund local share of grant.

BACKGROUND SUMMARY:

A watershed management plan (WMP) is a strategy and a work plan for achieving water resource goals

that provides assessment and management information for a specific defined watershed. The area of

Nancy Creek has been identified on EPD’s 303(d) list as “not-supporting” of its designated use due to

high levels of Fecal Coliform and Bio F (impacted fish community). The primary purpose of a watershed

management plan is to guide watershed coordinators, resource managers, policy makers, and community

organizations to restore and protect the quality of rivers and streams in the Nancy Creek watershed.

DeKalb County has initiated a grant application for 319(h) grant assistance from the Georgia

Environmental Protection Division (GA EPD) for the Revision of the Nancy Creek Watershed

Management Plan. This is a 50/50 cost share grant with Georgia EPD that would start around

October, 2014. It is expected to cost $400,000 total; $200,000 from EPD and $200,000 from DeKalb

County, Brookhaven, Chamblee, Doraville, and Dunwoody, combined.

The plan is intended to be a practical tool to identify areas of concern, as well as to recommend

specific practices to improve and sustain water quality. Stream walks will be completed and

improvement projects would be identified. This is an opportunity to see what specific areas need

improvement within the watershed, document them, and develop a plan to improve them in the future.

Approximately 3 square miles of the watershed is located in the City of Chamblee.

Preparing the Watershed Management Plan will allow this area to be eligible for future EPA/EPD

funding opportunities for projects within the plan.

An education outreach component will accompany the revision of this plan. This type of non-

regulatory approach to water quality has proven to be popular with citizens and promotes

involvement within the community. Interested stakeholder groups within the watershed will be

identified and asked to be involved in the revision of this plan.

3.C.5

Packet Pg. 179

The City of Chamblee would pay a proportionate share of the local match, which is calculated to be

$23,618. Conducting this study in joint partnership with DeKalb County and other cities significantly

reduces the cost to the City of Chamblee compared to having to do so alone.

FINANCIAL IMPACT:

$23,613

Attachment List:

09.1 RESOLUTION TO SUPPORT WATERSHED MANAGEMENT PLAN (DOCX)

09.2Nancy Creek Watershed boundary map (PDF)

09.3Powerpoint presentation - Nancy Creek (PDF)

09.4_Nancy Creek 319 Grant App DRAFT (PDF)

Review:




3.C.5

Packet Pg. 180

A RESOLUTION TO SUPPORT AND PARTICIPATE IN THE PREPARATION OF A WATERSHED

MANAGEMENT PLAN FOR THE NANCY CREEK WATERSHED IN PARTNERSHIP WITH DEKALB COUNTY

AND THE CITIES OF DORAVILLE, DUNWOODY, AND BROOKHAVEN

WHEREAS, the Georgia Environmental Protection Division (EPD) provides grants to local governments

having impaired water bodies within their jurisdiction in order to assist communities to conduct

Watershed Management Plans for such impaired waterbodies; and

WHEREAS, Nancy Creek has been identified by EPD as an impaired stream;

WHEREAS, Nancy Creek is contained in five jurisdictions in DeKalb County, and approximately 3 square

miles is located in the City of Chamblee; and

WHEREAS, a Watershed Management Plan is a practical tool that identifies areas of concern within the

watershed and recommends a work program of specific practices to improve and sustain water quality;

and

WHEREAS, a Watershed Management Plan also provides a public education and outreach component

that has proven to be popular with citizens and promotes their involvement in water quality efforts,

such as the “Adopt a Stream” program; and

WHEREAS, preparing a Watershed Management Plan for Nancy Creek will make the City of Chamblee

eligible for future funding from EPD and the U.S. Environmental Protection Agency (EPA) to implement

projects identified in the Plan; and

WHEREAS, DeKalb County, in conjunction with the Cities of Doraville, Dunwoody, Brookhaven and

Chamblee, has prepared a grant proposal that would provide $400,000 to conduct a Watershed

Management Plan for the Nancy Creek watershed; and

WHEREAS, the City of Chamblee’s proportionate share of the local match for this grant is $23,613; and

WHEREAS, conducting this study in partnership with the other jurisdictions will make this project far

more cost effective than if the City had initiated the project on its own;

NOW, THEREFORE BE IT RESOLVED by the Chamblee City Council that the Council express its strong

support for the grant application for conducting a Watershed Management Plan that is being submitted

to EPD in its behalf; and

BE IT FURTHER RESOLVED that, if the grant is awarded, the City of Chamblee commits to actively

participate in the preparation of the Watershed Management Plan for the Nancy Creek watershed and

to provide its proportionate share of the local match for preparing the Watershed Management Plan.

PASSED, ADOPTED, SIGNED, APPROVED AND EFFECTIVE this 19th day of November, 2013.


(SEAL) By: ____________________________

Eric Clarkson, Mayor

3.C.5.a

Packet Pg. 181

Att

ach

men

t: 0

9.1

RE

SO

LU

TIO

N T

O S

UP

PO

RT

WA

TE

RS

HE

D M

AN

AG

EM

EN

T P

LA

N (

1254

: R

eso

luti

on

to

Su

pp

ort

Nan

cy C

reek

Wat

ersh

ed

Attest:

_______________________________

Emmie Niethammer, City Clerk

3.C.5.a

Packet Pg. 182

Att

ach

men

t: 0

9.1

RE

SO

LU

TIO

N T

O S

UP

PO

RT

WA

TE

RS

HE

D M

AN

AG

EM

EN

T P

LA

N (

1254

: R

eso

luti

on

to

Su

pp

ort

Nan

cy C

reek

Wat

ersh

ed

Bu b bling Cree k

Nancy Creek

C h a m b l e e

D o r a v i l l e

D u n w o o d y

B r o o k h a v e nS a n d yS p r i n g s

A t l a n t a

Mount Vernon Rd

NorthsideDrNW

MotorsIndustrial Way

Rivers

ideDr

NWPowers Ferry Rd

Riverside

DrNW

Spalding Dr

Buford

Hwy

Marshes Glen Dr NWPeeler Rd

Lawrenceville Hwy

Briarcliff Rd NE

N Shallowford Rd

Peachtree RdMoores Mill Rd NW

Rivers

ideDr

NW

Peach

tree R

dNE

Shall

owfor

dRd

Buford Hwy

Peach

treeRd NE

LaVista

Rd

NorthsidePkwy

Chamblee Tucker Rd

Peachtre

e Blvd

BriarcliffRd NE

Buford H

wy

ChambleeDunwoodyRd

Mount Vernon Hwy

GlenridgeDr NE

Roxboro RdNE

North

side D

r

Howell Mill Rd NW

North

sideD

r NW

Piedmont Rd NE

Clairmont Rd

Tilly Mill Rd

NPe

achtr

e eRd

Ashfo

rdDu

nwoo

dyRd

Roswell RdN E

¬«400

§̈¦85

§̈¦285

§̈¦75

DeKalbFulton

GwinnettCobb

RockdaleClayton

HenryFayette

Nancy Creek WatershedImpaired StreamsBrookhavenChambleeDunwoodyDoravilleCities Outside DeKalbInterstatesMajor RoadsDeKalb County

¯

0 1 20.5Miles

Source: DeKalb WSM - StormwaterData: DeKalb County, USDA, ARC

October 23, 2013

Nancy Creek WatershedDeKalb County, Georgia

HUC12: 031300011203

3.C.5.b

Packet Pg. 183

Att

ach

men

t: 0

9.2N

ancy

Cre

ek W

ater

shed

bo

un

dar

y m

ap (

1254

: R

eso

luti

on

to

Su

pp

ort

Nan

cy C

reek

NANCY CREEK

WATERSHED

MANAGEMENT PLAN

City of Chamblee – November 14, 2013

3.C.5.c

Packet Pg. 184

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

What is a Watershed Management Plan?

A Watershed Management Plan (WMP) is:

“a tool that can be used to address and prevent

sources of pollution within a watershed. Using a

watershed approach to restore impaired

waterbodies is beneficial because it addresses

issues in a holistic manner and actively engages

stakeholders within the watershed in the selection

of management strategies that will be

implemented”.

– U.S. Environmental Protection

Agency

3.C.5.c

Packet Pg. 185

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

What that means:

WMP will identify key water quality issues within the watershed.

Streambank Erosion

Litter

Non-point Source Runoff, etc.

Pinpoint target community improvement projects that address

these issues, including community/education outreach.

WMP will provide a pathway for future EPA or EPD funding

opportunities by following EPA’s Nine Key Elements format.

What is a Watershed Management Plan?

3.C.5.c

Packet Pg. 186

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

Loss and degradation of riparian

habitat Excessive bank failure and high stream banks

Invasive Species are replacing native tree

cover

Altered hydrology

Continued loss and degradation of aquatic

habitat

Examples of Water Quality Issues 3.C.5.c

Packet Pg. 187

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

Where is the Nancy Creek

Watershed?

3.C.5.c

Packet Pg. 188

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt


Watershed?

3.C.5.c

Packet Pg. 189

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt


Watershed?

3.C.5.c

Packet Pg. 190

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt


Watershed?

3.C.5.c

Packet Pg. 191

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt


Watershed?

3.C.5.c

Packet Pg. 192

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

Why Nancy Creek Watershed?

Nancy Creek and Bubbling Creek: “Not supporting” of designated use (fishing) according to EPD.

Urbanized watersheds generate sources of fecal coliform bacteria, such as pet wastes and failing septic systems.

WMP will identify many different water related issues and provide a roadmap for watershed improvement.

3.C.5.c

Packet Pg. 193

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

How Much Will the WMP Cost?

Total Cost of the WMP is estimated to be

approximately $400,000 for the project area.

A 319(h) Grant would assist in a 50/50 cost

share, leaving only $200,000 to divide

among the county and municipalities.

3.C.5.c

Packet Pg. 194

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

Who Would be Involved?

Communities involved include:

Jurisdiction Area (sq miles) Individual 50% Match

DeKalb County N/A $100,000 $50,000

Chamblee 2.996 $47,226 $23,613

Dunwoody 7.469 $117,722 $58,861

Brookhaven 6.204 $97,785 $48,893

Doraville 2.365 $37,267 $18,633

TOTAL 19.035 $400,000 $200,000

3.C.5.c

Packet Pg. 195

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

Project Timeline

City of Dunwoody submitted a 319(h) grant application on October 31, 2013 for this watershed.

Grant awards are expected to be announced in April 2014.

Development of the Watershed Management Plan would likely begin in October 2014 and end in March 2016.

3.C.5.c

Packet Pg. 196

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

Where Could This Lead?

Future funding of Watershed Improvement

Projects

Identification of priority management practices

Community involvement and education about

water resources

A favorable, non-regulatory approach to

solving water quality issues for the watershed

3.C.5.c

Packet Pg. 197

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

Questions?

Richard Batten DeKalb County – Department of Watershed

Management

Environmental Project Coordinator (404) 687-4010 or

[email protected]

3.C.5.c

Packet Pg. 198

Att

ach

men

t: 0

9.3P

ow

erp

oin

t p

rese

nta

tio

n -

Nan

cy C

reek

(12

54 :

Res

olu

tio

n t

o S

up

po

rt

Revising the Nancy Creek WMP City of Dunwoody

Section 319(h) FY2014 Project Proposal 5

SECTION 319(h) FY2014 GRANT PROPOSAL

PROJECT COVER PAGE Project Title: __Revising the Nancy Creek Watershed Management Plan_____ __________ Applicant: _____City of Dunwoody_______________________________________________ Primary Contact: _____Michael Smith____________________________________________ Date of Pre-Application Meeting with GAEPD Staff: _____October 8, 2013 ______________ 1. Is the project proposal revising an existing watershed-based plan to address USEPA’s Nine

Elements of Watershed Planning? YES _X_ NO ___

2. Is the project proposal implementing an existing watershed-based plan that addresses

USEPA’s Nine Elements of Watershed Planning? YES ___ NO _X_

If YES, identify the title of the document and attach a copy to the application:

TITLE: _____________________________________________ _____________________

Was the document developed using Section 106, 604(b) or 319(h) Grant funds?

YES ___ NO _X_

3.C.5.d

Packet Pg. 199

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



PROJECT DESCRIPTION

1. Project Title:

Revising the Nancy Creek Watershed Management Plan 2. Lead Organization: City of Dunwoody

41 Perimeter Center Suite 250

Dunwoody, GA 30346 Phone: (678) 382-6852

Primary Contact: Michael Smith Director of Public Works City of Dunwoody 41 Perimeter Center Suite 250 Dunwoody, GA 30346 Phone: (678) 382-6852 E-mail: [email protected] Project Start Date: October 2014 Project End Date: March 2016 Federal Amount: $200,000 Match Amount: $200,000 Total Project Amount: $400,000 3. Project Goals:

Nancy Creek is a 16 mile long stream located primarily in DeKalb and Fulton Counties. A second impaired stream, Bubbling Creek, is located in this watershed. The goal of this project is to revise a TMDL Implementation Plan for Nancy Creek (2004) for HUC 031300011203 to reflect the EPA’s Nine Key Elements, specifically within the DeKalb County portion of Nancy Creek watershed. This plan would be revised in coordination with the City of Atlanta’s Watershed Improvement Plan (WIP), beginning in 2014. Goals would be to revise the TMDL Implementation Plan (Watershed Management Plan) to address changes in the watershed and include the Bio F impairment. This would involve the update to the identification of causes of impairment; identification of non-point source BMPs and estimate of load reductions; estimated cost for implementation; planned education outreach activities; implementation schedule and measurable milestones; and to identify locations for watershed improvement projects that would help to reduce fecal coliform and increase the fish population in Nancy Creek.

3.C.5.d

Packet Pg. 200

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



4. Project Background: Nancy Creek Watershed (HUC 031300011203) is located in the Chattahoochee River Basin. The stream itself is approximately 16 miles long and is considered impaired for fecal coliform (FC) and Bio F. Bubbling Creek, also located in the watershed, is considered not-supporting of its intended use of fishing, due to high Fecal coliform levels. Approximately 7 miles of Nancy Creek and 2 miles of Bubbling Creek are located within DeKalb County. An additional 9 mile segment of Nancy Creek is located in Fulton County, mostly within the City of Atlanta. A TMDL extended revision was completed by EPD on Nancy Creek (and several other streams) in 2004. Additionally, a combination feasibility study was done by the USACE in 2005 for Nancy Creek and Peachtree Creek. Nancy Creek was also included in the Revised Total Maximum Daily Load Evaluation for Seventy-Nine Stream Segments in the Chattahoochee River Basin for Fecal coliform in 2008. Currently, the City of Atlanta is scheduled to begin a Watershed Improvement Plan in 2014 on the portion of Nancy Creek that falls within the city limits. Coordination of the Atlanta WIP with the Revision of the Nancy Creek Watershed Management Plan, DeKalb County portion, would be ideal in order to complete a full watershed approach to reducing fecal coliform loads within the Nancy Creek watershed.

5. Project Activities:

Project Activity: Begin Contract

Task #1: Execute Contract with EPD

Deliverables: Signed Contract between EPD and City of Dunwoody Measures of Success: Signed Contract

Task #2: The City of Dunwoody will hire a contractor to develop the plan

Deliverables: Contractor Agreement Measures of Success: Successful Hiring of Contractor

Project Activity: WMP Development

Task #3: Develop Project Advisory Council

Deliverables: List of participating members in Advisory Council Measures of Success: Involvement of at least 10 different stakeholders participating in the advisory council.

3.C.5.d

Packet Pg. 201

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



Task #4: Review of Available Data / Documents

Deliverables: Copies of Available Data Source, Review of Water Monitoring Data from existing sources Measures of Success: Successful review of at least two related documents

Task #5: Stream Inventory

Deliverables: Field Maps, Stream Walk pictures and data. Measures of Success: Completed stream inventory of DeKalb County portion of Nancy Creek and Bubbling Creek

Task #6: Evaluation of Potential Project Sites

Deliverables: Field Inspections of Public Sites, create a list of proposed BMPs for public properties Measures of Success: List of at least 20 proposed BMPs for public properties in need.

Task #7: Development of Watershed Improvement Projects

Deliverables: List of Improvement Projects that should be addressed. Measures of Success: List of at least 25 project areas that should be addressed within the watershed.

Task #8: Development of Watershed Improvement Plan

Deliverables: Completed Watershed Management Plan for Nancy Creek project area Measures of Success: Completion of Watershed Management Plan

Task #9: Submit Quarterly Invoices and Status Reports

Deliverables: Quarterly Invoices and Status Reports Measures of Success: Completion of Status Report and invoice in timely manner.

Task #10: Submit Final Closeout Report

Deliverables: 2 Hard Copies and Digital Copy to EPD Measures of Success: Submission of closeout report.

3.C.5.d

Packet Pg. 202

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



6. Roles and Responsibilities of Participating Organizations:

Organization Name Specific Responsibilities

City of Dunwoody

Execute grant contract with GAEPD

Account for 50% of total project costs in matching funds (includes match commitments listed below)

Pay funds to appropriate contractor(s) and vendor(s)

Request reimbursements from GAEPD on a quarterly basis

Track the progress of project activities completed, grant funds expended, and match values provided in accordance with the drawdown & implementation schedule

Complete and submit quarterly progress reports and invoices to GAEPD by January 15th, April 15th, July 15th, and October 15th of each project year

Complete & submit close-out report at conclusion of project

GAEPD

Provide 50% of total project costs

Review and approve project deliverables

Participate in meetings, as appropriate

Review and assist as needed with 319(h) Grant protocols

Provide project oversight and contract management

Provide monitoring guidance and training

DeKalb County Serve on Project Advisory/Steering Committee

Render Match of $50,000 as described in attached Letter of Commitment

City of Doraville Serve on Project Advisory/Steering Committee


City of Brookhaven Serve on Project Advisory/Steering Committee


City of Chamblee Serve on Project Advisory/Steering Committee


Friends of Murphey Candler Park

General Stakeholder

Serve on Advisory Committee

City of Atlanta General Stakeholder

Serve on Advisory Committee (See Email Confirmation)

City of Sandy Springs General Stakeholder


Gwinnett County General Stakeholder


7. Project Location: Nancy Creek (HUC 031300011203)

3.C.5.d

Packet Pg. 203

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



a) Project Area Description and Map: The area addressed will be the portion of Nancy Creek Watershed located in DeKalb County. Refer to Attachment A for project location map.

b) Watershed(s) or Project Area Size (Acres): Project Area - 12,108.23 Acres

c) County or Counties: Watershed lies in DeKalb, Fulton, Gwinnett; Project Area is within DeKalb County.

d) List the Following for the Watershed(s) or Project Area: Project Area

Stream Miles: _23.15___ Lake Acreage: __157.44_ Wetland Acreage: _232.63__

e) Land Uses within the Watershed(s) or Project Area (Percentages): Project Area

Agricultural ___<0.01___ Commercial Forestry ___<0.01___ Urban/Residential ____92.84__ Mining/Extraction ___<0.01___ Forest/Natural Areas ____6.75___ Water/Wetlands ____0.41___ TOTAL __ 100% _

Data Source & Date: ____ARC Landuse/Landcover Database 2008 – Calculated by DeKalb Co. Dept of Watershed Management_- October 28, 2013_________________

f) Hydrologic Unit Code(s), Watershed Name(s) and Priority Watershed(s):

HUC #: _031300011203____ Name: _Nancy Creek______________ Priority: _Y__

HUC #: _________________ Name: __________________________ Priority: ____

8. Nonpoint Source Pollution Impairments and Healthy Waters:

a) Section 305(b)/303(d) List of Waters:

Water Body Segment Name (Segment Length (Miles) or

Embayment Acreage)

County Location(s)

Criterion Violated or Water Quality

Concern

Listing Status

Category 4a, 5 or 1

Plan Exists to Implement TMDL or Address Water Quality Concern

YES / NO

Nancy Creek, 16 miles

Headwaters to

Peachtree Creek, Atlanta

FC, Bio F 4a Yes

Bubbling Creek, 2 miles DeKalb County

FC 5 No

3.C.5.d

Packet Pg. 204

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



b) Secondary Pollutant(s): N/A

c) Other Documented Nonpoint Source Impacts (Only Applicable to Project): Segment Impacted: N/A Pollutant(s) or Water Quality Threat(s): N/A Source(s) of Documentation: N/A

9. Monitoring:

DRAFT QA/QC Water Quality Monitoring Plan Attached (listed in Section 12.)

X Project Will Not Include Water Quality Monitoring

10. Project Budget:

Item

Item Class Category

319(h) Grant Funds

(60% Maximum)

Non-Federal Matching Funds (40% Minimum)

Total

A

Personnel (Add Rows and Repeat Format as needed): One (1) Staff Position - 0.0 FTE ($00,000/year) for x years Description of Duties:

N/A

N/A N/A

One (1) Staff Position - 0.0 FTE ($00,000/year) for x years Description of Duties:

N/A N/A N/A

Sub Total:

N/A N/A N/A

B

Fringe Benefits (Add Rows and Repeat Format as needed): One (1) Staff Position - 0.0 FTE (00%) for x years

N/A N/A N/A

One (1) Staff Position - 0.0 FTE (00%) for x years N/A N/A N/A

Sub Total:

N/A N/A N/A

C

Travel (Add Rows and Repeat Format as needed): Staff Position: Purpose of Travel: Miles x Mileage Rate ($.51/mile)

N/A N/A N/A

Staff Position: Purpose of Travel: Miles x Mileage Rate ($.51/mile)

N/A N/A N/A

Sub Total:

N/A N/A N/A

D

Equipment (Add Rows and Repeat Format as needed): Equipment: Purpose/Use:

N/A N/A N/A

3.C.5.d

Packet Pg. 205

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



Item

Item Class Category

319(h) Grant Funds

(60% Maximum)

Non-Federal Matching Funds (40% Minimum)

Total

Equipment: Purpose/Use:

N/A N/A N/A

Sub Total:

N/A N/A N/A

E

Supplies (Add Rows and Repeat Format as needed): Supplies: Purpose/Use:

N/A N/A N/A

Supplies: Purpose/Use:

N/A N/A N/A

Sub Total:

N/A N/A N/A

F

Contractor Name: TBD Description of Duties: Review of Existing Watershed Management Plan, TMDL Plan, Stakeholder Meetings).

$5,000 $5,000 $10,000

Contractor Name: TBD Description of Duties: Stream Inventory (Desktop Analysis, Field Maps, field reconnaissance, site walk – 7 miles of Nancy Creek plus 20-30 miles of tributaries).

$60,000 $60,000 $120,000

Contractor Name: TBD Description of Duties: Evaluation of public properties (Maps preparation, existing BMP evaluation, flooding conditions, and education outreach) Data reduction and evaluating proposed BMPs for public properties in need.

$50,000 $50,000 $100,000

Contractor Name: TBD Description of Duties: Development of Watershed Improvement Projects, Best Management Practice planning.

$50,000 $50,000 $100,000

Contractor Name: TBD Description of Duties: Watershed Management Plan (Plan preparation, Plan revisions) Supplies.

$35,000 $35,000 $70,000

Sub Total

$200,000 $200,000 $400,000

G

Construction: (Does not apply to GAEPD Section 319(h) Grants)

N/A

N/A

N/A

H

Other:

N/A N/A N/A

Sub Total

N/A N/A N/A

I

Total Direct Charges: (Sum of A-H)

$200,000 $200,000 $400,000

J

Indirect Charges: (0% Eligible for Reimbursement with Federal Dollars)

N/A

Up to 100%

K

Total: (Sum of I and J)

$200,000 $200,000 $400,000

Disclaimer: Match contributions are from non-federal sources and do not overlap current or future projects funded by either 319(h) or other federal grants. Signed: ______________________________ Title: ____________________ Date: ________ Organization: ________________________________________________________________

3.C.5.d

Packet Pg. 206

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



Narrative Justification for Item Class Categories:

Personnel (A): N/A

Travel (C): N/A

Equipment (D): N/A

Supplies (E): N/A

Contractual (F):

Review of Available Data / Documents: This will include data gathering and review of existing reports and data regarding Nancy Creek Watershed. This will include (but is not limited to) the review of the existing Peachtree & Nancy Creeks Watershed Feasibility Study, Revised Total Maximum Daily Load Evaluation for Seventy-Nine Stream Segments in the Chattahoochee River Basin for Fecal coliform, and existing monitoring data from USGS, DeKalb County, and other sources. This will also involve the initial Stakeholder Meetings.

Stream Inventory: This will be a full inventory of the 7 mile stretch of Nancy Creek within the project area as well as the 2 mile segment of Bubbling Creek. Additionally, stream walks will continue up to the 25-acre drainage point for each tributary. This will also include a desktop analysis and evaluation of applicable data.

Evaluation of Public Properties: This will include the review of existing BMPs,

flooding conditions, and public outreach within the watershed area. Field inspections of identified public properties will occur. Data will be sorted, reduced and at least 20 potential BMPs will be identified that would benefit the watershed.

Development of Watershed Improvement Projects (WIPs): This is the identification and development of plans for projects on areas considered to be in need of attention. These projects will combine BMPs to lay out a strategy for reducing Fecal Coliform and increasing Fish populations within the project area. Identified projects could include physical BMP installation or education outreach if the need is determined.

Completion of Watershed Management Plan: This involves the compilation of all previous sections for plan preparation. It also includes any needed plan revisions, as well as any estimated material costs for printing/publishing of the plan.

Construction (G): N/A

Other (H):

3.C.5.d

Packet Pg. 207

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)



N/A

Indirect Charges (J): N/A

11. Project Implementation & Drawdown Schedule:

Please See Attachment B

12. Project Attachment(s):

Attachment A - Location Map Attachment B - Implementation & Drawdown Schedule Attachment C – Letters of Support, Confirmation Emails

Attachment D - TMDL Implementation Plan for Peachtree Creek, Nancy Creek and Others Watersheds Chattahoochee River Basin Attachment E - Revised Total Maximum Daily Load Evaluation for Seventy-Nine Stream Segments in the Chattahoochee River Basin for Fecal Coliform

3.C.5.d

Packet Pg. 208

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)

S a n d yS a n d yS p r i n g sS p r i n g s

A t l a n t aA t l a n t a

C h a m b l e eC h a m b l e e

D o r a v i l l eD o r a v i l l e

D u n w o o d yD u n w o o d y

P e a c h t r e eP e a c h t r e eC o r n e r sC o r n e r s

B r o o k h a v e nB r o o k h a v e n

Bubbling Creek

Nancy Creek

Mount Vernon Rd

Northside DrNW

DelkRd

State Route 141

Spalding Dr

Powers Ferry Rd

P eac

ht ree

Dun w

oody

RdNE

Windy Hill Rd

Riversid

e DrNW

Rivers

ide

DrNW

Jimmy Carter Blvd

Co oledg eRd

Peeler Rd

Briarcliff Rd NE

HolcombBridge Rd

S Atlanta Rd

Dalrymple Rd NE

N Shallowford Rd

Peachtree Rd

Peachtree Industrial Blvd

Rivers

i deDr

NW

Moores Mill Rd NW

Cobb Pkwy

Peach

tree Pk

wy

Stone Mountain Fwy

Peach

treeR

d NE

Shall

owfor

d Rd

Piedmont RdNE

Buford Hwy

Spalding Dr

NorthsidePkwy

Buford Hwy

Peach

tree Rd NE

Roswell Rd Roswell Rd

Chamblee Tucker Rd

Peachtre

e Blvd

LawrencevilleHwyBriarcliff Rd NE

Buford H

wy

Mount Vernon Hwy

Chamblee

DunwoodyRd

LaVista RdGlenridge Dr NE

SpaldingDr

RoxboroRd NE

North

side D

r

Howell MillRd NW

North

s ideD

r NW

Clairmont Rd

Tilly Mill Rd

NPe

achtr

eeRd

AshfordDunwoody RdRo

swell

RdNE

Rosw

ellRd

NE

¬«400

§̈¦285

§̈¦75

§̈¦85

DeKalbFulton

GwinnettCobb

RockdaleClayton

HenryFayette

Nancy Creek WatershedProject AreaImpaired StreamsInterstatesMajor RoadsDeKalb County

¯

0 1 20.5Miles

Source: DeKalb WSM - StormwaterData: DeKalb County, USDA, ARC

October 23, 2013

Nancy Creek WatershedDeKalb County, Georgia

HUC12: 031300011203

3.C.5.d

Packet Pg. 209

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek

Initial Final

Grant Drawdown Amount $200,000 $200,000

Percent Federal Remaing 100% 0%

Match Amount $200,000 $200,000

Percent Match Accrued 0% 100%

Oct 2014 Nov 2014 Dec 2014 Jan 2015 Feb 2015 Mar 2015 Apr 2015 May 2015 June 2015 July 2015 Aug 2015 Sept 2015 Oct 2015 Nov 2015 Dec 2015 Jan 2016 Feb 2016 Mar 2016

Milestones/Tasks

6th Quarter5th Quarter

$30,000

13%

$30,000

$25,000 $35,000 $40,000 $45,000 $25,000

Attachment B - Section 11: Implementation and Drawdown Schedule

1st Quarter 2nd Quarter 3rd Quarter 4th Quarter

88% 70% 50% 28% 0%

72% 100%

$25,000 $35,000 $40,000 $45,000 $25,000

87%

Task 1: Execute Contract

Task 3: Develop Advisory Council

Task 4: Review of Available Data

12% 30% 50%

Task 10: Submit Final Close-Out Report

Task 9: Submit Quarterly Invoices &

Status Reports

Task 2: Hire Contractor(s)

Task 5: Stream Inventory

Task 6: Evaluation of Project Sites

Task 7: Development of WIPs

Task 8: Development of WMP

3.C.5.d

Packet Pg. 210

Att

ach

men

t: 0

9.4_

Nan

cy C

reek

319

Gra

nt

Ap

p D

RA

FT

(12

54 :

Res

olu

tio

n t

o S

up

po

rt N

ancy

Cre

ek W

ater

shed

Man

agem

ent

Pla

nn

ing

Gra

nt)





SUBJECT: FINAL PLAT APPROVAL - 1888 DYER CIRCLE 2013PLAT-004


Item: Applicant requests approval of the City Council for the final plat for 1888 Dyer Circle, parcel number 18-278-10-011

Recommendations: APPROVAL with the following conditions:

1. Compliance with applicable DeKalb County Watershed Department for proposed water and sewer configuration and driveway access must be confirmed prior to issuance of a land disturbance permit.

2. Confirmation of recordation in DeKalb County Superior Court of the Final Plat and the Easement Agreement for Maintenance of Stormwater Drainage System dated October 15, 2013 shall be received prior to issuance of a land disturbance permit.

Attachment List:

05.1_StaffReport_2013PLAT-004_Dyer Circle_1888 (DOCX)

05.2 Tax Map _1888_Dyer_Circle (PDF)

05.3_APPROVED VARIANCE StaffReport_2013V-009_DyerCircle_1888 with Council Action (DOCX)

05.4_Original Plat of Clairmont Hills Subdivision (PDF)

05.5_1888 Dyer Cir_Exempt from SD_2013-05-9 (DOC)

05.6_Final Signed easement agreement_10-16_13 (PDF)

Final Plat of Dyer Lot Division #2 10-7-13 (1) (PDF)

Review:




3.C.6

Packet Pg. 211

of 5 Petition No: 2013PLAT – 004 City Council Meeting: 11/19/2013; Work Session 11/14/2013

Petition No.: 2013PLAT – 004 Development Department

Site Address: 1888 Dyer Circle, Lots 10 and 11



Parcel Acreage: 0.458 (total)

Applicant: Roma Ventures

Representative: Darron Kusman

Current Zoning: Neighborhood Residential 1 (NR-1): This zoning district is intended primarily for single-family residences and related uses. This district is designed to stabilize and protect the residential characteristics of the district and to encourage a suitable family life on larger lots.

District Standards:

Current Use: Single Family Home

Surrounding Land Uses: West – NR-1, single-family residences East – NR-1, single-family residences North – NR-1, single-family residences South – NR-1, single-family residences

Future Development Map: The future development map identifies the subject property within the


Site Description: This parcel contains one single-family home on the north side of Dyer

Circle with 140 feet of frontage. There is an existing residence on the western portion of the lot, while the eastern portion of the lot is undeveloped and contains several trees. The residential structure is consistent with the surrounding neighborhood. Research shows that the parcel was formerly two lots (10 and 11) recorded in 1948 as the

NR-1 Zoning District minimums prescribed

Total FAR (max) .50 Side Yard 10’

Building Coverage (max) 35% Rear Yard 40’

Max Building Height 34’ Front 30’

Lot Size (minimum) 12,000 Building Façade Elevation 12’

Width 60’ Landscape Zone 3’

Parking 2/dwelling unit Sidewalk Zone 5’

3.C.6.a

Packet Pg. 212

Att

ach

men

t: 0

5.1_

Sta

ffR

epo

rt_2

013P

LA

T-0

04_D

yer

Cir

cle_

1888

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

Cir

cle

2013

PL

AT

-004

)


Clairmont Hills Subdivision. The two lots were each approximately 70 feet wide when they were first platted. The two lots were later combined into one tax parcel.

Project Description: The applicant has properly filed for re-subdivision of the property for the purpose of constructing a new house on the eastern portion of the parcel. On May 21, 2013 the applicant was granted a variance (2013V-009) to allow the creation of two new lots that do not meet the requirements of the Zoning Ordinance for the NR-1 zoning district. The newly created lots approved through the variance are:

Lot 10 is vacant and consists of 8,608 sq. ft. with 60.3 feet of frontage on Dyer Circle and contains a corrugated metal stormwater pipe running north and south that is buried in a 20 ft. asymmetric easement. The easement has been approved by the City and will be recorded with the final plat once it is approved. There are five trees on the lot.

Lot 11 consists of 11,329 sq. ft with 79.76 feet of frontage on Dyer Circle and contains a single-family residence. The residence is located almost entirely within a stream buffer.

Analysis The process of preparing and finalizing this plat is governed by Appendix B- Subdivision Regulations. According to Section 2.5 of Appendix B the subdivision of property that has ten lots or fewer and has no new streets or utilities shall be subject to the abbreviated procedures of Section 2.6. The first step is for the Development Director to review a sketch plat and confirm that it meets the standards of the Subdivision Regulations in Section 3.2 through 3.9. This step is documented below. The second step is governed by Section 2.6.2 and 2.6.3 which state, in part:

“2.6.2 Final plat review. … The city planner shall review the submitted final plat and shall present a recommendation to the

mayor and city council. The mayor and city council will then vote on approval of the plan at its next regularly scheduled

meeting.

2.6.3 Mayor and city council final plat approval…The mayor and city council shall review the final plat with the

recommendations of the city planner, and shall approve or disapprove the plat. If approved, the city will file the final plat with

the register of deeds of the county for recording within 60 days after the date of mayor and city council approval; otherwise

such approval shall be null and void. The subdivider shall be responsible for all costs associated with the recording of the

final plat. If disapproved, the reasons for the disapproval will be put in writing and sent to the applicant. The applicant may

then resubmit to the mayor and city council a revised final plat no less than ten working days prior to the next regularly

scheduled meeting of the council. “(Ord. No. 533, 5-18-04; Ord. No. 537, 11-16-04)

3.2 - Land Suitability

1) Flood Hazard development. Land within designated flood zones as shown on FEMA maps for

the Chamblee area shall be identified on all plats.

3.C.6.a

Packet Pg. 213

Att

ach

men

t: 0

5.1_

Sta

ffR

epo

rt_2

013P

LA

T-0

04_D

yer

Cir

cle_

1888

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

Cir

cle

2013

PL

AT

-004

)


Response: As per the F.I.R.M. DeKalb County Flood insurance rate map community panel No.

13089C0018J dated 05/16/13 the property is not in an area having special flood hazards.

2) Demolition landfill development. Areas that have been used for the disposal of solid waste shall

not be subdivided into commercial or residential building sites.

Response: This area was not used for the disposal of solid waste.

3.3 - Sedimentation and Erosion Control – Subdivider shall comply will all requirements of the state

department of transportation standards and specifications and any locally adopted sediment control

measures.

Response: Section 34-73 exempts the construction of single-family residences, when such construction disturbs

less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of

equal to or greater than one acre (this project does not contemplate disturbing more than 1 acre) and not

otherwise exempted under this subsection; provided, however, that construction of any such residence shall

conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this subsection.

3.4 Easements. 1) Utility Easements - Easements for underground or above ground utilities shall be provided for and

centered along rear or side lot lines, and shall be at least ten feet in width. Easements for water

lines, sanitary sewers, and storm drains shall be centered on the pipe and at least 20 feet in width.

Response: No public utilities are located on the property and no easements are indicated.

Drainage Easements - Where a subdivision is traversed by a stream or drainage way, an easement

shall be provided conforming with the lines of such stream and of sufficient width as shall be

adequate for the purpose.

Response: A storm drainage pipe exists on lot 10 and is shown within the required 20 ft. easement

confined to the boundaries of lot 10. After deliberation with the Development Department and

Public Works Department, the applicant received permission to locate the easement asymmetrically

such that there is a minimum of 5 feet on the eastern side of the pipe. This alignment was

determined to allow sufficient space for access and any future maintenance by the Public Works

Director. Two drop inlets were installed and are located on lot 10 where shown on the plat.

3) Landscape Easements - The mayor and city council may require landscape easements for certain

developments where industrial or commercial uses abut residential uses.

Response: N/A project is residential.

4) Sidewalk Easements - Easements for sidewalks shall be provided along the exterior and interior streets of the

subdivision. Sidewalk specifications and design shall be constructed in compliance with the city zoning

ordinance.

3.C.6.a

Packet Pg. 214

Att

ach

men

t: 0

5.1_

Sta

ffR

epo

rt_2

013P

LA

T-0

04_D

yer

Cir

cle_

1888

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

Cir

cle

2013

PL

AT

-004

)


Response: No easements for sidewalks are indicated on the preliminary plat. No sidewalks currently

exist.

3.5 Utility design and location – Utility design and location including all water supply, sewage collection

systems were designed to conform with city, county and state standards.

Response: Water and sewer will be reviewed and approved by DeKalb County following plat approval

and prior to release of a land disturbance permit.

3.6 Placement of monuments - Each corner or monument within the subdivision shall have a disk

attached to a ferrous rod or placed in concrete, that shall be stamped to identify that point as a property

corner and or control point. All monumentation shall be set flush with or just below ground level and

shall be made of durable materials. In addition ferrous materials will be present in sufficient mass either

in the monument or in close proximity to the monument to allow for dedication by electronic metal

detection devices. All monumentation will be inspected prior to final approval of the subdivision by the

city.

Response: Final monumentation will need to be inspected and compliant with Section 3.6 prior to final

approval of the subdivision by the city.

3.7 Blocks - The lengths, widths and shapes of blocks shall be determined with due regard to:

1) The provision of adequate building sites suitable to the special needs of the type of use

contemplated, and adequate public open spaces accessible and visible to residents.

Response: N/A as no new blocks are proposed to be created.

2) Zoning requirements and design criteria. Response: N/A as no new blocks are proposed to be created. 3) Needs of nonvehicular and vehicular traffic circulation and the control and safety of such traffic.

Response: Vehicular traffic circulation is addressed through roadway connections to Clairmont Road

via Dyer Circle.

4) Opportunities and constraints of topography, with convenient access to important physical and topographical features such as lakes and rivers, significant areas of trees and other natural features, and areas of high ground offering scenic views.

Response: There are no specific topographic constraints or important physical and topographical

features to be considered. No existing significant stands of trees exist. There are no streams on the site.

3.C.6.a

Packet Pg. 215

Att

ach

men

t: 0

5.1_

Sta

ffR

epo

rt_2

013P

LA

T-0

04_D

yer

Cir

cle_

1888

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

Cir

cle

2013

PL

AT

-004

)


5) Blocks shall not be less than 200 feet, nor more than 1,320 feet (¼ mile), unless site and topography or other special circumstances are present as determined by the planning board and approved by the mayor and city council.

Response: Request is for a infill plat of an existing platted subdivision. There is no proposed design

change to the current grid and block layout.

6) Blocks shall have sufficient width to allow two tiers of lots of minimum depth except where single tier lots are required to separate residential development from another type of use or when abutting a water area.

Response: The existing block accommodates two tiers of lots.

3.8 Lots. The lot size, width, depth, shape and orientation, and the minimum building setback lines shall

comply with the requirements established in the city zoning ordinance.

Response: The lot size, width, depth, shape and orientation, and the minimum building setback lines do

not comply with the zoning ordinance. See variance 2013V-009 for details.

3.9 Streets.Proposed street layouts within the jurisdiction of this appendix shall interconnect within a

development and with adjoining development as often as possible. Culs-de-sac shall be allowed only

where topographical and/or lot line configurations offer no practical alternatives for connections or

through traffic. Private streets or reserve strips shall be prohibited within any platted subdivision.

Response: Current street connections are approved and proposed to remain in place.

State-maintained roads and intersections within the jurisdiction of this appendix shall conform to the

following design standards by type: Neighborhood streets shall have 50 feet of R.O.W. and the

pavement widths from face of curb to curb shall be 24 feet.

Response: No new streets are being constructed. Dyer Circle is a paved street of standard construction

with platted with a 50 ft. R.O.W. and vertical granite curbs.

STAFF RECOMMENDATION: Based on the foregoing analysis and the previous action of City Council granting a variance for the subject property, staff recommends APPROVAL of the preliminary plat revised Oct. 7, 2013 subject to the easement agreement executed on October 15, 2013, with the following condition: 1. Compliance with applicable DeKalb County Watershed Department for proposed water and sewer

configuration and driveway access must be confirmed prior to issuance of a land disturbance permit. 2. Confirmation of recordation in DeKalb County Superior Court of the Final Plat and the Easement

Agreement for Maintenance of Stormwater Drainage System dated October 15, 2013 shall be received prior to issuance of a land disturbance permit.

3.C.6.a

Packet Pg. 216

Att

ach

men

t: 0

5.1_

Sta

ffR

epo

rt_2

013P

LA

T-0

04_D

yer

Cir

cle_

1888

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

Cir

cle

2013

PL

AT

-004

)

3.C.6.b

Packet Pg. 217

Att

ach

men

t: 0

5.2

Tax

Map

_18

88_D

yer_

Cir

cle

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

Cir

cle

2013

PL

AT

-004

)

of 3 Petition No: 2013V – 009 City Council Meeting: 05/21/2013; Work Session 05/16/2013

Petition No.: 2013V –009 Development Department

Site Address: 1888 Dyer Circle

Parcel Number: 18 278 10 011

Land Lot and District: 10 + 11, 10th district

Parcel Acreage: Lot 11 – 11,329 sq. ft., Lot 10 – 8,608 sq. ft.

Applicant: Darron Kusman

Representative: N/A

Current Zoning: Neighborhood Residential 1 (NR-1)

District Standards:

Current Use: Single Family Homes Surrounding Land Uses: West – Low Density Residential East – Low Density Residential

North – Low Density Residential South – Low Density Residential Future Development Map: The future development map identifies the subject property within the


Site Description: The site is comprised of two adjacent platted lots of record on Dyer

Circle, lot 10 and lot 11. They are each platted as 70’ wide. There is a house on lot 11, built to the property line, and its driveway is on lot 10. Most of lot 11 is within either the 50’ or 75’ stream buffer zone, and almost the entire house is within the 75’ buffer zone. Lot 10 is not in a stream buffer zone.

NR-1 Zoning District minimums prescribed

Total FAR (max) .50 Side Yard 10’

Building Coverage (max) 35% Rear Yard 40’

Max Building Height 34’ Front 30’

Lot Size (minimum) 12,000 Building Façade Elevation 12’

Width 60’ Landscape Zone 3’

Parking 2/dwelling unit Sidewalk Zone 5’

3.C.6.c

Packet Pg. 218

Att

ach

men

t: 0

5.3_

AP

PR

OV

ED

VA

RIA

NC

E S

taff

Rep

ort

_201

3V-0

09_D

yerC

ircl

e_18

88 w

ith

Co

un

cil A

ctio

n (

1252

: F

inal

Pla

t A

pp

rova

l - 1

888

Dye

r


Project Description: The applicant proposes to move the shared lot line east to reduce lot 10 to 60.3’. The applicant will preserve the existing house on lot 11, remove the existing driveway (currently on lot 10), reconfigure the house’s stairs and stoop, and create a new driveway on lot 11, outside of the stream buffer zone.

Applicant’s Intent: The applicant seeks a variance from the following sections of the Zoning Ordinance to reduce the area of lot 10 from approximately 9,975 sq. ft. to 8,608 sq. ft.:

Section 1004 – Space Dimensions. Space dimension table for NR-1 lot size has a minimum of 12,000 square feet.

Section 506 – Lot reduction prohibited: “No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side, or rear yards, lot area or buffer specification table dimensional requirements of this zoning ordinance are not maintained.”

Analysis:

The variance request has been reviewed according to the decision criteria established in the City of Chamblee’s zoning ordinance as follows:

Variance: To allow a reduction in the area of lot 10 to 8,608 sq. ft.

1. Criteria 214.A.1: No variance shall be granted to allow a building, structure or use not authorized in the applicable zoning district or a density of development not authorized with such development. Assessment: There are no buildings, uses or structures proposed on this lot that are not authorized

within the zoning district. Applicant is not requesting to develop to a density greater than one unit

per lot which is permitted in the district.

2. Criteria 214.A.2(a): There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography. Assessment: Yes, there are extraordinary conditions pertaining to the particular property in question because of its size. Currently, lot 10 and 11 are nonconforming as they are already smaller than the district requirements. Lot 11 and the existing SFR is almost entirely within the 75’ stream buffer. As most of lot 11 is within the stream buffer, and if the shared lot line wasn’t adjusted then the existing house on lot 11 would need to be demolished to comply with setback requirements and the new structure would encroach further into the stream buffer and require a variance.

3. Criteria 214.A.2(b): The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship. Assessment: Yes, the application of this zoning ordinance to the particular piece of property would result in a lot with a single family residential home built to the lot line and difficult to replace because of the stream buffer.

4. Criteria 214.A.2(c): Such conditions are peculiar to the particular piece of property involved.

3.C.6.c

Packet Pg. 219

Att

ach

men

t: 0

5.3_

AP

PR

OV

ED

VA

RIA

NC

E S

taff

Rep

ort

_201

3V-0

09_D

yerC

ircl

e_18

88 w

ith

Co

un

cil A

ctio

n (

1252

: F

inal

Pla

t A

pp

rova

l - 1

888

Dye

r


Assessment: Yes, these particular conditions are a result of the lot being platted before the current dimensional regulations and the location of lot 11 within the stream buffer zone. In 2012, an adjacent property was subdivided under similar circumstances, with an 8’ width adjustment.

5. Criteria 214.A.2(d): Such conditions are not the result of any actions of the property owner. Assessment: Yes, the conditions that are peculiar to the particular piece of property involved are not the result of any actions of the property owner.

6. Criteria 214.A.2(e): Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. Assessment: Yes, if granted, relief would support the intent of the zoning ordinance. Lot 11 will be

brought into conformance with the zoning ordinance, with its area greater than 12,000 sq. ft. and its

new sideyard 10.1’. Maintaining the existing structure will prevent the need to grant a variance for

construction within the stream buffer, and avoiding new construction will preserve trees and prevent

erosion. Lot 10 will still be suitable for single family residential construction that complies with the

front-, side-, and rear-yard requirements of the NR-1 zoning district. The width of lot 10 will still

comply with the lot width regulations of the district.

_____________________________________________________________________________________


Based on the analysis above, staff recommends granting the variance to increase lot 11 and reduce lot

10. The resulting parcels will encourage development that is similar to that which exists in the

neighborhood and is called for in the Comprehensive Plan, that complies with the frontage

requirements of its districts, and that allows both lots to be used in their intended way with minimal

environmental impacts.

City Council Action:

2013-05-21 – Approved as submitted by applicant (unanimous)

3.C.6.c

Packet Pg. 220

Att

ach

men

t: 0

5.3_

AP

PR

OV

ED

VA

RIA

NC

E S

taff

Rep

ort

_201

3V-0

09_D

yerC

ircl

e_18

88 w

ith

Co

un

cil A

ctio

n (

1252

: F

inal

Pla

t A

pp

rova

l - 1

888

Dye

r

3.C.6.d

Packet Pg. 221

Att

ach

men

t: 0

5.4_

Ori

gin

al P

lat

of

Cla

irm

on

t H

ills

Su

bd

ivis

ion

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

3.C.6.d

Packet Pg. 222

Att

ach

men

t: 0

5.4_

Ori

gin

al P

lat

of

Cla

irm

on

t H

ills

Su

bd

ivis

ion

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

CCoommmmuunniittyy DDeevveellooppmmeenntt

DDeeppaarrttmmeenntt

March 19, 2013 Darron Kusman 1889 Ham Drive Chamblee, GA 30341 Sent Via Email: [email protected] PROJECT STATUS Project: Dyer Circle Location: 1888 Dyer Circle Description: Plat and zoning Compliance Review Site Area: Lots 10 and 11 Clairmont Hills Subdivision Mr. Kusman, We have received your applications for a preliminary subdivision packet on March 13, 2013 along with a payment of $515 as well as an application for a variance and a fee in the amount of $464. Staff has determined that since there were two legally platted lots of record established and are therefore exempt from the subdivision process. We are therefore refunding your application fee in the amount of $515. If you have any additional questions or concerns please do not hesitate to contact me. Sincerely,

Joel C. Reed, AICP Inerim Director of Community Develoment

3.C.6.e

Packet Pg. 223

Att

ach

men

t: 0

5.5_

1888

Dye

r C

ir_E

xem

pt

fro

m S

D_2

013-

05-9

(12

52 :

Fin

al P

lat

Ap

pro

val -

188

8 D

yer

Cir

cle

2013

PL

AT

-004

)

mailto:[email protected]

3.C.6.f

Packet Pg. 224

Att

ach

men

t: 0

5.6_

Fin

al S

ign

ed e

asem

ent

agre

emen

t_10

-16_

13 (

1252

: F

inal

Pla

t A

pp

rova

l - 1

888

Dye

r C

ircl

e 20

13P

LA

T-0

04)

3.C.6.f

Packet Pg. 225

Att

ach

men

t: 0

5.6_

Fin

al S

ign

ed e

asem

ent

agre

emen

t_10

-16_

13 (

1252

: F

inal

Pla

t A

pp

rova

l - 1

888

Dye

r C

ircl

e 20

13P

LA

T-0

04)

3.C.6.f

Packet Pg. 226

Att

ach

men

t: 0

5.6_

Fin

al S

ign

ed e

asem

ent

agre

emen

t_10

-16_

13 (

1252

: F

inal

Pla

t A

pp

rova

l - 1

888

Dye

r C

ircl

e 20

13P

LA

T-0

04)

3.C

.6.g

Pac

ket

Pg

. 227

Attachment: Final Plat of Dyer Lot Division #2 10-7-13 (1) (1252 : Final Plat Approval - 1888 Dyer Circle 2013PLAT-004)


Department: Public Works Prepared By: Emmie Niethammer

Initiator: Olan Roper


SUBJECT: DECLARE VEHICLE SURPLUS


REQUESTED ACTION:

That the City Council declare the listed public works vehicles as surplus and authorize them to be auctioned by Brown & Brown wrecker service.

ISSUE:

The public works department has eight (8) vehicles, six (6) of which were natural gas, which have outlived their useful life and need to be disposed of. They are listed here:

1990 Hooper 16’ trailer - VIN# 1H9FB162L10471429

1996 Ford F-450 - VIN# 1FDLF47G0TEA49806

2003 Ford F-250 - VIN#1FTNW21S63EC47097

2000 Ford F-150 - VIN#1FTPF17M9YKB09763

1998 Ford F-250 - VIN#1FTPF27M1WKA74509

1999 Ford F-250 - VIN#1FTPF27M6XKB44362

1999 Ford F-250 - VIN#1FTPF27MXXKB44364

2001 Ford F-150 - VIN#1FTPF17M91KB25693

FINANCIAL IMPACT:

Whatever value the auction brings will be credited to the sale of capital assets.

Attachment List:

Review:




3.G.1

Packet Pg. 228


Department: Development Prepared By: Marc Johnson


ZONING (ID # 1262)

SUBJECT: ADOPTION OF NEW ZONING MAP


ISSUE:

The area being annexed December 31st needs to be assigned zoning classifications pursuant to Chamblee's zoning ordinance.

RECOMMENDATION:

Approval of the new zoning map covering the existing city as well as the area to be annexed effective December 31, 2013.

Attachment List:

New Zoning Map Ordinance (DOCX)

Review:



4.A.1

Packet Pg. 229

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF

CHAMBLEE, GEORGIA, APPENDIX A, "ZONING", ARTICLE IV, PROVISION

FOR OFFICIAL ZONING MAP ESTABLISHMENT OF DISTRICTS, TO

PROVIDE FOR REPLACEMENT OF THE OFFICIAL ZONING MAP AND

ADOPTION OF A NEW OFFICIAL ZONING MAP AS PROVIDED IN SECTION

402 AND FOR ALL OTHER LAWFUL PURPOSES

PART I

BE IT ORDAINED AN D IT IS HEREBY ORDAINED BY THE MAYOR AND CITY

COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA that there is hereby adopted a new

official zoning map which shall supersede and replace the prior official zoning map and

which new official zoning map is identified by the signature of the Mayor attested by the

City Manager and bearing the seal of the City under the following words printed thereon:

"THIS IS TO CERTIFY THAT THIS OFFICIAL ZONING MAP SUPERSEDES

AND REPLACES THE OFFICIAL ZONING MAP ADOPTED THE DATE OF MAY 17,

2011, AS PART OF THE CHAMBLEE ZONING ORDINANCE.”

PART II

It is hereby declared to be the intention of the Mayor and City Council that the sections,

paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase,

clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the

valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall

not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this

ordinance.

The foregoing was proposed by Council member ____________________ with a motion that the

same be adopted. Said motion was seconded by Council member ___________________. Same

was then put to a vote and ______ Council members voted in favor of the ordinance, and

_______ Council members voted against the ordinance. Said motion was thereupon declared

passed and duly adopted this ________ day of _______________, 2013.

__________________________________

Emmie Niethammer

City Clerk, City of Chamblee, Georgia

Approved this _____ day of ________________, 2013.

4.A.1.a

Packet Pg. 230

Att

ach

men

t: N

ew Z

on

ing

Map

Ord

inan

ce (

1262

: A

do

pti

on

of

New

Zo

nin

g M

ap)

_____________________________________

The Honorable R. Eric Clarkson

Mayor, City of Chamblee, Georgia

Approved as to form: _____________________________

Joe Fowler, City Attorney

First reading: ______________________

Second reading: ____________________

4.A.1.a

Packet Pg. 231

Att

ach

men

t: N

ew Z

on

ing

Map

Ord

inan

ce (

1262

: A

do

pti

on

of

New

Zo

nin

g M

ap)




ORDINANCE (ID # 1240)

SUBJECT: ZONING ORDINANCE TEXT AMENDMENT – INSTITUTIONAL USES

AND PLACES OF WORSHIP


SUMMARY:

Section 617 of the Zoning Ordinance provides location and development standards for “institutional uses and places of worship”. These standards, such as requiring institutional uses and places of worship to be located on four-lane roads, are unnecessary restrictions that exclude these uses from many areas of the city where commercial and industrial uses are already permitted. Other standards such as requiring a 75-foot setback from all property lines conflict with the intent of the Comprehensive Plan and the Zoning Ordinance, Article IX - Civic Design that intend to create a mixed-use and walkable urban environment throughout much of the city. Repealing this Section would do little or no harm to the health, safety and welfare of the city while increasing the locations available to institutional uses and places of worship in the City of Chamblee. It would also encourage these uses to take part in making our city more walkable and pedestrian friendly.

Please see the attached staff report for full details

RECOMMENDED ACTION:

Staff recommends deleting the provisions of Section 617 in its entirety. First read can be done in

October and then the advertised public hearing the second read in November.

FINANCIAL IMPACT:

Attachment List:

07.1_StaffReport_2013TA-005_Text Amendment Places of Worship (DOCX)

07.2_ Adopting Resolution and ORDINANCE (DOCX)

Review:

Gary Cornell Completed 10/03/2013 9:23 AM



City Council Completed 11/11/2013 11:18 AM

4.B.1

Packet Pg. 232

Council Wrap-Up Page 1 of 3 Petition No: 2013TA-004 Council Work Session: October 10, 2013 City Council Meeting: October 15, 2013

Petition No.: 2013TA – 00X Development Department

City Council Working Session – October 10, 2013

STAFF REPORT

Proposed text amendment to the Zoning Ordinance – Institutional uses and places of worship

The Issue:

The current text of Section 617 - results in two issues that need to be resolved with a text amendment.

1) A portion of the text of Section 617 prohibits churches except on four-lane highways. Very few of Chamblee’s streets are four-lane highways so this provision unnecessarily limits the location of new churches to just a few places in Chamblee.

2) A building setback of 75 feet from any property line is in conflict with the intent of Article IX, Civic Design in which the City Council has encouraged walkable development with no parking in the front yard and buildings set close the street and accessed directly in the front from a sidewalk.

Each of these issues is discussed and analyzed separately below.

Discussion

Section 617 reads as follows:

“Sec. 617. Institutional uses and places of worship. Institutional uses and places of worship shall meet the following additional criteria:

A. Said uses shall be located on a four lane or wider street with at least 100 feet of public street frontage;

B. The buildings shall not be set back less than 75 feet from any property line, except where the adjoining property is zoned for nonresidential use, in which case the setback shall be established within the applicable zoning district;

C. No parking area shall be established within 20 feet of a residence; and

D. There shall be a planted buffer strip of at least ten feet in width along the side and rear property lines;”

Analysis of Issue 1

There are few streets in Chamblee that have four lanes. Examples include Peachtree Road, Peachtree

Boulevard, Buford Highway, and parts of Chamblee-Dunwoody Road, Chamblee-Tucker Road, and

Shallowford Road. Many of the City’s churches and other places of worship are located on two-lane

4.B.1.a

Packet Pg. 233

Att

ach

men

t: 0

7.1_

Sta

ffR

epo

rt_2

013T

A-0

05_T

ext

Am

end

men

t P

lace

s o

f W

ors

hip

(12

40 :

Zo

nin

g O

rdin

ance

Tex

t A

men

dm

ent

? In

stit

uti

on

al U

ses


streets . This ordinance makes them non-conforming and compromises their ability to renovate or

expand.

The intent of this provision may be to protect residential neighborhoods from a use that might attract

traffic and cause noise. However, the Zoning Ordinance does not allow churches or places of worship to

be located in neighborhoods of the City. It prohibits them in the zoning districts of NR-1 or NR-2.

Another concern might be to provide for adequate traffic capacity and safety. This ordinance does not

make a distinction between large churches and smaller ones Clearly many more intense commercial and

industrial uses are allowed in the city without requiring them to locate on a four-lane highway. .

Moreover, many places of worship have meetings on off-peak times and days, such as Sunday morning,

when traffic-carrying capacity is not otherwise being taxed.

Analysis of Issue 2

Article IX establishes setbacks for all zoning districts in the City of Chamblee. Front yard setbacks are

governed by street classification in Section 903, as follows:

Type of Roadway Local Streets (other than in NR-1 and NR-2 districts)

Arterials and Collectors

Clairmont, Peachtree Boulevard, and Buford Highway

Minimum front yard 10 ft. 15 ft. 20 ft.

From this table it is evident that any large commercial or industrial use can locate in the City with setbacks much less than 75 feet, even on the four-lane highways such as Clairmont Road and Peachtree Boulevard. Therefore it seems illogical that institutional uses and places of worship would require a front yard setback of 75 feet.

Side and rear yards are similar, although they are regulated in Section 1004 based on zoning district, not street classification. Minimum side yards vary from 0 ft. in the Village Commercial and Corridor Commercial districts to 10 ft. in the Light Industrial District. Minimum rear yards in industrial and commercial districts are only 20 ft. However a place of worship in any of these districts would be required to have a side yard setback of 75 ft. and a rear yard setback of 75 ft. even though they are already required to be in a commercial or industrial zoning district.

Summary

The standards in Section 617 seem excessive and unnecessary. All institutional uses and places of worship are required to be located in commercial and industrial districts or in districts such as Corridor Residential and Village Residential that anticipate multi-family residential and mixed uses. These zoning districts encourage small setback dimensions in order to facilitate pedestrian-oriented development. It would seem that institutional uses and places of worship should be treated similarly to these uses and not be required to have very large setbacks on all four sides. Furthermore, since parking is not permitted in the front yard of a place of worship then the 75 ft. wide lawns in the front yard of commercial zoning districts and have more land in the rear for parking, would make the land requirements very great. A new church would find it cost prohibitive to develop in Chamblee. It also makes it virtually impossible for any institutional use to occupy an existing commercial building (such as a nearly vacant shopping center)

4.B.1.a

Packet Pg. 234

Att

ach

men

t: 0

7.1_

Sta

ffR

epo

rt_2

013T

A-0

05_T

ext

Am

end

men

t P

lace

s o

f W

ors

hip

(12

40 :

Zo

nin

g O

rdin

ance

Tex

t A

men

dm

ent

? In

stit

uti

on

al U

ses


or to purchase an existing commercial building and renovate it. The setback requirements unique to the place of worship would make all of these retrofit options impossible.


Staff finds no clear public benefit from the provisions of Section 617 of the City of Chamblee Zoning Ordinance and recommends that it be repealed in its entirety.

_______________________________________________________________________________


4.B.1.a

Packet Pg. 235

Att

ach

men

t: 0

7.1_

Sta

ffR

epo

rt_2

013T

A-0

05_T

ext

Am

end

men

t P

lace

s o

f W

ors

hip

(12

40 :

Zo

nin

g O

rdin

ance

Tex

t A

men

dm

ent

? In

stit

uti

on

al U

ses

ORDINANCE NO. _______

(Development Department No.: 2013TA-005)


CHAMBLEE, GEORGIA, APPENDIX A, "ZONING ORDINANCE", ARTICLE VI,

"GENERAL USE PROVISIONS" TO REPEAL REQUIREMENTS APPLICABLE TO

INSITUTIONAL USES AND PLACES OF WORSHIP; FOR ALL OTHER LAWFUL

PURPOSES

BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY

COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA that the provisions of Section 617,

Appendix A, “Zoning Ordinance” be DELETED in their entirety.

PART 1

Sec. 617. Institutional uses and places of worship.

Institutional uses and places of worship shall meet the following additional criteria:

A.

Said uses shall be located on a four lane or wider street with at least 100 feet of

public street frontage;

B.

The buildings shall not be set back less than 75 feet from any property line,

except where the adjoining property is zoned for nonresidential use, in which

case the setback shall be established within the applicable zoning district;

C.

No parking area shall be established within 20 feet of a residence; and

D.

There shall be a planted buffer strip of at least ten feet in width along the side and

rear property lines;

PART II




4.B.1.b

Packet Pg. 236

Att

ach

men

t: 0

7.2_

Ad

op

tin

g R

eso

luti

on

an

d O

RD

INA

NC

E [

Rev

isio

n 1

] (

1240

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t ?

Inst

itu

tio

nal

Use

s an

d



ordinance.


same be adopted. Said motion was seconded by Council member _________________________.

Same was then put to a vote and _______Council members voted in favor of the Ordinance and

_______Council members voted against the Ordinance. Said motion was thereupon declared

passed and duly adopted this ________ day of __________________, 2013.

_______________________________

Emmie D. Niethammer


Approved this _____ day of ___________________, 2013

_____________________________________________



Approved as to form:

_____________________________________________

City Attorney

First Reading: ___________________________

Second Reading: ________________________

4.B.1.b

Packet Pg. 237

Att

ach

men

t: 0

7.2_

Ad

op

tin

g R

eso

luti

on

an

d O

RD

INA

NC

E [

Rev

isio

n 1

] (

1240

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t ?

Inst

itu

tio

nal

Use

s an

d





SUBJECT: ZONING ORDINANCE TEXT AMENDMENT - OUTDOOR STORAGE

AND VEHICLE SALES


BACKGROUND SUMMARY:

Section 611 of the Zoning Ordinance concerns outdoor storage. The current language prohibits outdoor display of motor vehicles for sale anywhere except in designated car sales lots. This provision conflicts with Georgia statute at 40-2-39.1. that passed in 2007. When a state regulates an activity, local legislation cannot conflict with its provisions.

In pursuing this change, staff discovered that the term “outdoor storage” is not defined in the current zoning ordinance. However regulations in Section 1008 require that outdoor storage be placed in the side or rear yard and be properly screened by a 6-ft. high wood fence. Lack of a formal definition of the term results in difficulty in enforcement because enforcement personnel have to be able to define what comprises outdoor storage in order to require property owners to comply with the regulations.

ISSUE:

The current text of Section 611 - Outdoor storage and uses prohibited results in two issues that need to

be resolved with a text amendment.

1) A portion of the text of Section 611 prohibits outdoor display of motor vehicles for sale anywhere except in designated car sales lots. This provision conflicts with state law.

2) Outdoor storage is not defined in the current zoning ordinance. This makes enforcement difficult.

Please see the attached staff report for full details

REQUESTED ACTION:

Staff recommends amending Section 611 of the Zoning Ordinance to delete the language that conflicts

with Georgia statutes, and by adding a definition of Outdoor Storage in Section 301. In September the

Mayor and City Council received this item for discussion and no changes were made. First read can be

done in October and then we will advertise a public hearing and the second read in November.

FINANCIAL IMPACT:

4.B.2

Packet Pg. 238

Attachment List:

06.1_StaffReport_2013TA-004_Outdoor Storage and Vehicle Sales (PDF)

06.2_ OCGA 40-2-39_1 (PDF)

06.3_ Adopting Resolution and ORDINANCE (DOCX)

Review:





4.B.2

Packet Pg. 239


Petition No.: 2013TA – 004 Development Department

City Council Working Session – October 10, 2013

STAFF REPORT

Subject: Proposed text amendment to the Zoning Ordinance – Outdoor Storage and Vehicle Sales

The Issue:

The current text of Section 611 - Outdoor storage and uses prohibited results in two issues that need to

be resolved with a text amendment.

1) A portion of the text of Section 611 prohibits outdoor display of motor vehicles for sale anywhere except in designated car sales lots. This provision conflicts with state law.

2) Outdoor storage is not defined in the current zoning ordinance. This makes enforcement difficult.

Each of these issues is discussed and analyzed separately below.

Discussion of Issue 1:

A portion of Section 611 reads as follows:

“…Outdoor display of motor vehicles for sale is expressly prohibited unless associated with a principal use of motor vehicle sales of a motor vehicle sales establishment. In no case shall motor vehicles for sale be located and displayed anywhere except in designated lots for such display.”

However, a Georgia statute at 40-2-39.1. reads in part, as follows:

(a)(4) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on

the real property of another for the purpose of selling or advertising the sale of such used motor vehicle

unless the owner or lessee of such vehicle has he prior permission of the owner or lessee of the real

property.

There are addition provisions set out how many vehicles can be parked for sale at one time (two) and

how many can be displayed for sale of the same property in a year (five) and other provisions.

Analysis of Issue 1: Since the state government has already regulated and set forth terms for legal sales

of used cars on commercial property other than motor vehicle sales lots, per se, then the City of

Chamblee would be pre-empted from making its own regulations that conflict with that of the state.

4.B.2.a

Packet Pg. 240

Att

ach

men

t: 0

6.1_

Sta

ffR

epo

rt_2

013T

A-0

04_O

utd

oo

r S

tora

ge

and

Veh

icle

Sal

es (

1239

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t -

Ou

tdo

or

Sto

rag

e


Recommendation for Issue 1:

Staff recommends that Section 611. Outdoor storage and uses prohibited be amended to strike references to sale of motor vehicles and to read as follows:

Sec. 611. Outdoor storage and uses prohibited.

Outdoor storage shall be prohibited except where such outdoor storage is expressly permitted in article

X, section 1002, Permitted uses. See also section 1008. I and IT districts.

______________________

Discussion of Issue 2:

The current text of Section 611- Outdoor storage and uses prohibited reads as follows:

“Sec. 611. Outdoor storage and uses prohibited.

Outdoor storage shall be prohibited except where such outdoor storage is expressly permitted in article X, section 1002, Permitted uses, or in article II regarding seasonal activities and temporary outdoor sale permit and as authorized in this zoning ordinance for outdoor dining. Outdoor display of motor vehicles for sale is expressly prohibited unless associated with a principal use of motor vehicle sales of a motor vehicle sales establishment. In no case shall motor vehicles for sale be located and displayed anywhere except in designated lots for such display.”

Section 1002 - Permitted uses allows outdoor storage in the Light Industrial (I) and Industrial Transition

(IT) districts. Section 1008 requires that outdoor storage in those districts to be placed in the rear or side

yard and be screened by a six-foot high opaque wooden fence. However, a definition of “outdoor

storage” does not appear in the current zoning ordinance. This results in confusion and difficulty for

enforcement personnel. The current text tries to clarify that outdoor dining is not outdoor storage, but

that does not define what constituted outdoor storage.

Analysis of Issue 2:

Definitions of the term “outdoor storage” are common in other cities and counties. A good definition

considers a range of activities that have a common degree of unsightliness that degrade the appearance

of an area. This can range from storage of open yards of raw materials from industrial processes, heavy

machines, vehicles, and equipment motorized equipment that are in use but frequently stored outside

for extended periods of time when not in use. It also includes bulk and commercial or industrial

inventories such as pipeyards and other such materials that come and go and are commonly stored

outside instead of in enclosed warehouses. Outdoor storage can also include oversize retail store

inventories such as building and landscape materials that are regularly stored in outdoor yards but could

also be kept inside warehouses. However, temporary outdoor loading and unloading areas may be

tolerated if the goods are readily transferred indoors for warehousing or sale. Outdoor storage of

4.B.2.a

Packet Pg. 241

Att

ach

men

t: 0

6.1_

Sta

ffR

epo

rt_2

013T

A-0

04_O

utd

oo

r S

tora

ge

and

Veh

icle

Sal

es (

1239

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t -

Ou

tdo

or

Sto

rag

e

http://library.municode.com/HTML/12373/level3/PTIICOOR_APXAZOOR_ARTXDIRE.html#PTIICOOR_APXAZOOR_ARTXDIRE_S1002PEUS



inoperable autos, appliances, refuse or discarded materials may also be categorized as “junkyards”.

Generally the purpose of describing “outdoor storage” is to specify whether such material must be

stored completely indoors in certain districts, or whether they are permitted outdoors if properly

screened from view. Outdoor storage is typically different from outdoor sales that may be permitted in a

farmers market or sales during a seasonal festival that are temporary in nature. Most communities allow

automobile and mobile home inventories to be displayed and stored outdoors without being subject to

screening requirements. Outdoor sales may be considered outdoor storage if it is in a required parking

lot but is commonly permitted in small quantities for sidewalk sales outside a storefront or outdoor

dining associated with a restaurant. The textbook, A Planner’s Dictionary has a reasonable definition

that can be adapted for the City of Chamblee.

Recommendation for Issue 2:

Staff recommends that the Mayor and City Council amend Section 302 of the City of Chamblee Zoning Ordinance by adding the following definition at 80.5:

“Outdoor storage: The keeping of personal or business property, bulk materials, and motorized

equipment outdoors or in a required parking lot for a period exceeding 72 hours. The term “outdoor

storage” does not apply to outdoor dining, seasonal sales and other vending that is otherwise authorized

by City Ordinances.”

___________________________________________________________________________________


4.B.2.a

Packet Pg. 242

Att

ach

men

t: 0

6.1_

Sta

ffR

epo

rt_2

013T

A-0

04_O

utd

oo

r S

tora

ge

and

Veh

icle

Sal

es (

1239

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t -

Ou

tdo

or

Sto

rag

e

© 2012 Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the

restrictions and terms and conditions of the Matthew Bender Master Agreement.

40-2-39.1. Restrictions on sale or advertising of used motor vehicles displayed orparked; exceptions; enforcement; penalty.

(a) (1) An owner or lessee of any real property shall not authorize more than five used motorvehicles within any 12 month period displayed or parked on such real property for the purpose ofselling or advertising the sale of such used motor vehicles by the owner or lessee of suchvehicles.

(2) An owner or lessee of any real property shall not authorize more than two used motorvehicles at the same time displayed or parked on such real property for the purpose of selling oradvertising the sale of such used motor vehicles by the owner or lessee of such vehicles.

(3) An owner or lessee of any used motor vehicle shall not display or park such used motorvehicle on the real property of another for the purpose of selling or advertising the sale of suchused motor vehicle if the display or parking of such vehicle will cause the owner or lessee of thereal property to be in violation of paragraph (1) or (2) of this subsection.

(4) An owner or lessee of any used motor vehicle shall not display or park such used motorvehicle on the real property of another for the purpose of selling or advertising the sale of suchused motor vehicle unless the owner or lessee of such vehicle has the prior permission of theowner or lessee of the real property.

(b) The provisions of subsection (a) of this Code section shall not apply:

(1) If the owner or lessee of the vehicle displayed or parked is employed by the owner orlessee of the real property on which the vehicle is displayed or parked;

(2) If the owner or lessee of the vehicle displayed or parked is conducting business with theowner or lessee of the real property on which the vehicle is parked or displayed at the time suchvehicle is displayed or parked; or

(3) If the real property on which a vehicle is parked is a parking lot for which a fee is chargedfor the use of such parking lot, the owner or lessee of the parked vehicle has paid the fee for theuse of such parking lot, and such vehicle is legitimately parked on the property for purposesother than displaying, selling, or advertising the sale of such vehicle.

(c) (1) An owner or lessee of any real property shall not authorize any used motor vehicle tobe displayed or parked on such real property for the purpose of selling or advertising the sale ofsuch used motor vehicle if such vehicle is not lawfully titled and registered in the name of theindividual or entity offering such vehicle for sale in accordance with the applicable provisions ofthis chapter and Chapter 3 of this title.

4.B.2.b

Packet Pg. 243

Att

ach

men

t: 0

6.2_

OC

GA

40-

2-39

_1 (

1239

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t -

Ou

tdo

or

Sto

rag

e an

d V

ehic

le S

ales

)

rmj

Highlight

rmj

Highlight

rmj

Highlight

rmj

Highlight

rmj

Highlight

rmj

Highlight

rmj

Highlight

rmj

Highlight

rmj

Highlight

rmj

Highlight

© 2012 Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the

restrictions and terms and conditions of the Matthew Bender Master Agreement.

(2) A person shall not advertise, display, sell, or offer for sale any used motor vehicle unlesssuch vehicle is lawfully titled and registered in such person's name in accordance with theapplicable provisions of this chapter and Chapter 3 of this title.

(d) Any law enforcement officer or agency, the board, or the owner or lessee of any realproperty upon which a vehicle is displayed or parked in violation of subsection (a) or (c) of thisCode section for longer than 24 consecutive hours may have any such vehicle towed from suchreal property and stored at the expense of the owner or lessee of such vehicle and may thendispose of said vehicle in accordance with Chapter 11 of this title.

(e) A violation of this Code section shall constitute an unfair or deceptive act or practice andshall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business PracticesAct of 1975." A violation of this Code section may be penalized as provided in Code Section43-47-21 or any other applicable provision of this Code, including, but not limited to, the "FairBusiness Practices Act of 1975."

(f) This Code section shall not apply to any person licensed under Chapter 47 of Title 43 orto any franchised motor vehicle dealer or any subsidiary wholly owned or controlled by suchdealer. This Code section shall not eliminate or change the requirement for any person to obtaina license under Chapter 47 of Title 43 if such person engages in any conduct or activity forwhich a license is required under Chapter 47 of Title 43.

(g) Any person who violates this Code section shall be guilty of a misdemeanor and, uponconviction thereof, shall be subject to a fine not to exceed $1,000.00 for each violation orimprisonment for a period not to exceed 12 months, or both.

(Code 1981, § 40-2-39.1, enacted by Ga. L. 2007, p. 214, § 2/HB 144.)

Editor's notes. - Ga. L. 2007, p. 214, § 4, not codified by the General Assembly, provides, in part,that prosecutions for or cases involving any violation of law occurring prior to July 1, 2007, shall not beaffected by the repeals or amendments made by it or abated by reason thereof.

4.B.2.b

Packet Pg. 244

Att

ach

men

t: 0

6.2_

OC

GA

40-

2-39

_1 (

1239

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t -

Ou

tdo

or

Sto

rag

e an

d V

ehic

le S

ales

)


(Development Department No.: 2013TA-004)


CHAMBLEE, GEORGIA, APPENDIX A, "ZONING ORDINANCE", ARTICLE III,

"INTERPRETATIONS AND DEFINITIONS" TO PROVIDE FOR A DEFINITION

FOR THE TERM “OUTDOOR STORAGE” AND TO AMEND ARTICLE VI,

“GENERAL USE PROVISIONS” TO REMOVE LANGUAGE CONFLICTING WITH

GEORGIA STATUTES AND TO ELIMINATE OTHER CONFLICTING LANGUAGE;

AND FOR ALL OTHER LAWFUL PURPOSES


COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA that the provisions of Section 301 of

Appendix A, “Zoning Ordinance” be amended by inserting Sub-section 80.5 which new Sub-

section shall read as follows:

PART 1

“80.5 Outdoor storage: The keeping of personal or business property, bulk materials, and

motorized equipment outdoors or in a required parking lot for a period exceeding 72 hours. The

term “outdoor storage” does not apply to outdoor dining, seasonal sales and other vending that

is otherwise authorized by City Ordinances.”


COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA that the provisions of Section 611 of

Appendix A, “Zoning Ordinance” be amended by deleting said Section in its entirety and substituting

in lieu thereof new Section 601 which new Section shall read as follows:

Sec. 611. Outdoor storage and uses prohibited.

“Outdoor storage shall be prohibited except where such outdoor storage is expressly permitted

in article X, section 1002, Permitted uses. See also section 1008. I and IT districts.”

PART II



4.B.2.c

Packet Pg. 245

Att

ach

men

t: 0

6.3_

Ad

op

tin

g R

eso

luti

on

an

d O

RD

INA

NC

E (

1239

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t -

Ou

tdo

or

Sto

rag

e an

d V

ehic

le S

ales

)





ordinance.


same be adopted. Said motion was seconded by Council member _________________________.

Same was then put to a vote and _______Council members voted in favor of the Ordinance and

_______Council members voted against the Ordinance. Said motion was thereupon declared

passed and duly adopted this ________ day of __________________, 2013.

_______________________________

Emmie D. Niethammer


Approved this _____ day of ___________________, 2013

_____________________________________________



Approved as to form:

_____________________________________________

City Attorney

First Reading: ___________________________

Second Reading: ________________________

4.B.2.c

Packet Pg. 246

Att

ach

men

t: 0

6.3_

Ad

op

tin

g R

eso

luti

on

an

d O

RD

INA

NC

E (

1239

: Z

on

ing

Ord

inan

ce T

ext

Am

end

men

t -

Ou

tdo

or

Sto

rag

e an

d V

ehic

le S

ales

)





SUBJECT: ADOPTION OF NEW ETHICS ORDINANCE


REQUESTED ACTION:

Review the proposed new ethics ordinance and move to first reading. Second reading and adoption will be scheduled for November prior to the moratorium expiring.

BACKGROUND SUMMARY:

The current City Ethics Ordinance was adopted in March of 2001. It was adopted as one of the conditions for becoming certified as a City of Ethics by the Georgia Municipal Association (GMA). Until a few months ago, there had not been any ethics complaints filed and therefore no need to apply the ordinance. With the recent filing of ethics complaints, the council and staff have determined that the current ordinance has some issues and procedures which are less than desirable and which need to be addressed and revised. .

Midway through the process of handling the first complaints filed, the council members involved as well as the city attorney recused themselves from serving on the Initial Investigating Committee. Ultimately, the city manager was instructed to outsource that function to a law firm for that particular complaint. Staff was instructed to research changes and improvements which might be appropriate for the ordinance. The template for the current version was provided by GMA and it has since changed its template to deal with some of the very issues we experienced.

ISSUE:

The city manager has been researching the issue and looking at how other governments handle their ethics complaints. A proposed replacement for the ethics ordinance is attached for review by city council prior to adoption.

FINANCIAL IMPACT:

None

Attachment List:

New Ethics Ordinance (DOCX)

Review:

4.B.3

Packet Pg. 247



4.B.3

Packet Pg. 248


CHAMBLEE, GEORGIA, CHAPTER 31, “ETHICS” AND FOR ALL OTHER LAWFUL

PURPOSES


COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA that the provisions of Chapter 31,

“Ethics,” of the Code of Ordinances, City of Chamblee, Georgia, shall be amended as follows:

PART I

The provisions of Article II “Code of Ethics” shall be amended by deleting said Article in its

entirety and inserting in lieu thereof a new Article II which new Article shall read as follows:

DIVISION 1. – GENERAL PROVISIONS

Sec. 31-21. Definitions.

As used in this chapter, the term:

Benefit means anything having a monetary value in excess of $100.00. The term "benefit"

includes, but is not limited to, a valuable act, advance, award, contract, compensation,

contribution, deposit, emolument, employment, favor, fee, forbearance, fringe benefit, gift,

gratuity, honorarium, loan, offer, payment, perquisite, privilege, promise, reward, remuneration,

service, subscription, or the promise that any of these things will be conferred in the future.

Business means an activity, association, commercial entity, corporation, enterprise, firm,

franchise, holding company, joint stock company, organization, partnership, receivership, self-

employed individual, sole proprietorship, trust or other legal entity established to earn or

otherwise obtain money for profit excluding a municipal corporation or governmental entity.

Compensation means any benefit conferred upon or received by any person in return for

services rendered or to be rendered.

Confidential information means information which has been obtained in the course of

holding public office, employment, an independent contract or otherwise acting as a public

servant, and which information is not available to members of the public under the Georgia Open

Records Act or other law or regulation and which the public servant is not authorized to disclose,

including:

(1) Any written information that could lawfully be excepted from disclosure pursuant to

state law, unless the public servant disclosing it is authorized to do so by state law, or

pursuant to some other pertinent law, policy or procedure;

(2) Any non-written information which, if it were written, could be excepted from

disclosure under state law, unless the public servant disclosing it is authorized to do

so by the state law, or pursuant to some other pertinent law, policy or procedure; and

4.B.3.a

Packet Pg. 249

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 2 of 21

(3) Information which was obtained in the course of or by means of a record or oral

report of a lawful executive or closed session, whether or not the disclosure of the

information would violate state law, unless the public servant disclosing it is

authorized by state law to do so, or unless the public servant disclosing it has been

properly authorized to disclose it pursuant to an applicable law, policy or procedure;

however, when such information is also available through channels which are open to

the public, this provision does not prohibit public servants from disclosing the

availability of those channels.

Decision maker means any public servant or group of public servants empowered to act in a

discretionary manner on behalf of the city in any capacity whatsoever, including the making of

recommendations. The term "decision maker" includes, but is not limited to, any city agency,

bureau, department, division, office, administrator or person who is charged with implementing

and administering particular legislation or executive or administrative decisions, and, to the

extent this article is applicable to them, any volunteer or independent contractor who is

empowered to exercise any discretionary power which could influence a public servant in the

performance or nonperformance of an official action. In this article, the term "decision maker" is

used to represent any and every public servant who could take any discretionary action regarding

a matter in which a public servant or a partner in interest has or may have a conflict of interest, or

as a result of which a public servant might receive a personal benefit.

Decision making means the exercise of any discretionary public power in any capacity

whatsoever, including the making of recommendations, by any public servant whose action

pertains to a matter in which a public servant or a public servant's partner in interest has or may

have a conflict of interest, or as a result of which a public servant receives a personal benefit.

Direct contractual interest is defined as any direct interest that the public servant has in a

contract regarding an individual item that is being considered by the city council and from which

the public servant receives direct monetary value or other direct financial benefit from such

contract that is directly affected by the public servant's vote on said item.

Disclose means, unless the context of this article indicates otherwise, to provide the city

clerk with written notice of a conflict of interest or a potential conflict of interest, and any other

pertinent information, including the nature and extent of the public servant's conflict of interest,

the decision maker who may act on the matter, and the name and address of any person alleged to

have a conflict of interest or a potential conflict of interest. Unless this article or a law which

supersedes it requires or permits another procedure, information shall be deemed disclosed if any

public servant, within a reasonable time before any official action is to be taken by the decision

maker, provides the city clerk with written notice disclosing the conflict or potential conflict. For

purposes of this provision, the phrase "within a reasonable time" means within adequate time to

allow the city clerk to forward the disclosure to the decision maker before whom the matter is

pending or may be brought, and within adequate time to allow the decision maker to review the

disclosure before taking any official action.

Elected official shall be any person who is an elected city official, including the mayor, of

the City of Chamblee.

Employee or public employee means a person, other than an elected public officer, employed

and paid a salary to work for the city, whether fulltime, part-time, or on a contract basis, and

including those officially selected but not yet serving; and, for purposes of establishing ethical

4.B.3.a

Packet Pg. 250

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 3 of 21

obligations under this article and for no other purpose, the term "employee" includes volunteers,

notwithstanding the fact that they are unpaid.

Employment interest means a situation where the public servant is employed by a person or

entity or the subsidiary of an entity that is seeking a contract or action from the City of

Chamblee. Excluded from this definition is employment of a public servant by another

governmental entity.

Frivolous means a claim or complaint which is clearly insufficient on its face, does not

controvert the material points of the opposing party and is presumably interposed for mere

purposes of delay or to embarrass the opponent. A claim or defense is frivolous if a proponent can

present no reasonable argument based upon the evidence or law in support of this claim.

Gift means any benefit or thing or act of monetary value of over $100.00 which is conveyed

to or performed for the benefit of a public servant or a partner in interest, including any advance,

award, contract, contribution, deposit, employment, favor, forbearance, gift, gratuity, honorarium,

loan, payment, service, subscription, or the promise that any of these things or acts of value will

be conferred in the future, if such thing or act of value is conferred or performed without the

lawful exchange of consideration which is at least equal in value to the thing or act conferred or

performed.

Governing body means the elected officials who comprise the legislative body of the city, as

defined by the city Charter.

Member of the family means;

(1) A public servant's spouse, children, grandchildren, parents, parents-in-law,

grandparents, grandparents-in-law, sisters, sisters-in-law, brothers, brothers-in-law,

sons-in-law, daughters-in-law, nieces, nephews, aunts, or uncles (whether by

marriage, lineal descent or adoption);

(2) A public servant's relative by marriage, lineal descent or adoption who receives,

directly or indirectly, more than one-half of his support from the public servant or

from whom the public servant receives, directly or indirectly, more than one-half of

his support; and

(3) An individual claimed by the public servant or the public servant's spouse as a

dependent under the United States Internal Revenue Code.

Interest means any personal pecuniary benefit accruing to a public servant or the public

servant's partner in interest, whether in the public servant's own name or the name of any person

or business from which the public servant is entitled to receive any personal benefit, as a result of

a matter which is or which is expected to become the subject of an official action by or with the

city.

Loan means a transfer of money, property or anything else of ascertainable monetary value

in exchange for an obligation, conditional or not, to repay in whole or in part.

Matter means, unless the context of this article indicates otherwise, any act, action, agenda

item, allegation, application, amendment, auction, bill, business, case, charge, claim,

consideration, contract, controversy, decree, deed, deliberation, discussion, hearing, issue, lease,

license, measure, offer, order, division, permit, personnel action, petition, policy, presentation,

procedure, privilege, proceeding, project, proposal, proposition, purchase, recommendation,

4.B.3.a

Packet Pg. 251

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 4 of 21

regulation, rental, request, resolution, sale, subject, transaction, use, variance or other

discretionary choice pending before a city decision maker when a public servant or a partner in

interest has a personal interest in the outcome of the decision, or the decision may result in a

personal benefit to a public servant or a partner in interest.

Official action means any act, action, approval, decision, denial, directive, disapproval,

inaction, order, performance, nonperformance, recommendation, vote, or other direct result of a

public servant's exercise of discretionary authority in connection with the public servant's public

position.

Official duty means any official action or ministerial action which a public servant is

obligated or authorized to perform by virtue of being a public servant.

Official records means any minutes, papers, documents, completed forms, or other records

maintained by a public agent for the purpose of fulfilling the disclosure requirements of this

article.

Participate means to take part in official act(s), action(s) or proceeding(s) as a public

servant through approval, disapproval, decision or the performance of an official duty as a public

servant. It does not include action(s) taken in the individual's private capacity and/or in a non-

public servant capacity or the individual's appearance before a board of the city or dealing with

employees of the city in such capacity as any other public citizen would in dealing with their

individual business or individual interests.

Partner in interest means, when used in this article in connection with a public servant, as in

the phrase "a public servant or a partner in interest," any and all of the following:

(1) A member of the public servant's immediate family;

(2) A business with which the public servant or a member of the public servant's immediate

family is associated;

(3) Any other person with whom the public servant or a member of his immediate family is

in business, or is negotiating or has an agreement concerning future employment or the

future conferring of any personal benefit, whether in the public servant's own name or

the name of any business or person from whom the public servant is entitled, or expects

to become entitled, to receive any personal benefit, as a result of a contract or

transaction which is, or which is expected to become, the subject of an official action by

or with the city. The term "partner in interest" does not imply or require any form of

legal partnership or formal agreement; or

(4) When used in the phrase "a public servant or a partner in interest," the term "partner in

interest" refers only to a partner in interest of the public servant to whom reference is

being made, and not to any other person's partner in interest.

Person includes any individual, employee, appointee, entity or trust.

Personal benefit means any benefit which is offered or received, or reasonably perceived to

be offered or received, primarily for the purpose of influencing the manner in which a public

servant performs or refrains from performing an official action, so that an attempt is made to

induce the public servant, or the public servant is induced, to act in favor of some interest other

than the public interest on the basis of an expectation or hope that the public servant or a partner

in interest of the public servant will obtain some personal pecuniary gain by acting against the

4.B.3.a

Packet Pg. 252

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 5 of 21

public interest; provided, however, that the term "personal benefit" within the meaning of this

article does not include any of the following, which, although they may benefit individual public

servants, are deemed to be primarily public benefits rather than personal benefits:

(1) Payment by the city of salaries, compensation or employee benefits; or payment by an

employer or business other than the city of salaries, compensation, employee benefits or

pursuant to a contract, when the payment is unrelated to a public servant's status as a

public servant and is not made for the purpose of influencing, directly or indirectly, the

vote, official action or decision of a public servant;

(2) Fees, expenses, or income, including those resulting from outside employment, which

are permitted and reported in accordance with the policies of the city;

(3) Authorized reimbursement of actual and necessary expenses;

(4) Admission, regardless of value, to events to which public servants are invited in their

official, representative capacity as public servants;

(5) Campaign or political contributions which are made and reported in accordance with

state law;

(6) Reasonable hosting, including travel and expenses, entertainment, meals or refreshments

furnished in connection with public events, appearances or ceremonies related to official

city business, if furnished by the sponsor of such public event; or in connection with

speaking engagements, teaching or rendering other public assistance to an organization

or another governmental entity; this provision applies only if the city does not also pay

the person for the same activity;

(7) Awards publicly presented in recognition of public service, acts of heroism or for

solving crimes;

(8) Anything of value, regardless of the value, when the thing of value is offered to the city,

is accepted on behalf of the city, and is to remain the property of the city;

(9) Commercially reasonable loans made in the ordinary course of the lender's business in

accordance with prevailing rates and terms, and which do not discriminate against or in

favor of an individual who is a public servant because of such individual's status as a

public servant;

(10) Complimentary copies of trade publications;

(11) Any unsolicited benefit conferred by any one person or business if the economic value

totals less than $250.00 per calendar year, and if there is no express or implied

understanding or agreement that a vote, official action or decision of a public servant

will be influenced;

(12) Reasonable compensation for a published work which did not involve the use of the

city's time, equipment, facilities, supplies, staff or other resources, if the payment is

arranged or paid by the publisher of the work;

(13) Reasonable compensation for a published work which did involve the use of the city's

time, equipment, facilities, supplies, staff or other resources, if the payment of the

compensation to the public servant is lawfully authorized by a representative of the city

who is empowered to authorize such compensation;

4.B.3.a

Packet Pg. 253

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 6 of 21

(14) Anything of value, if the payment, gift, or other transfer of value is unrelated to and does

not arise from the recipient's holding or having held a public position, and if the activity

or occasion for which it is given does not involve the use of the city's time, equipment,

facilities, supplies, staff or other resources which is not available to the general public;

(15) Anything of value received as a devise, bequest or inheritance;

(16) A gift received from a relative within the third degree of consanguinity, under the civil

law computation method, to the public servant, or the spouse of such a relative; or

(17) A gift received from a spouse of a public servant, or a spouse's relative within the third

degree of consanguinity to the spouse, under the civil law computation method.

Personal interest means a direct or indirect interest having pecuniary value peculiar to a

particular individual or group, which value may accrue to such individual or group or result in

such individual or group deriving or potentially deriving a personal benefit as a result of the

approval or denial of any division, resolution, order or other official action, or the performance

or nonperformance thereof, by a public servant, and which interest is not shared by the general

public.

Public servant means any member of the city council or of any city agency, board,

commission, committee, or other voting body, whether elected or appointed.

Reasonable means fair, proper, equitable and just under the circumstances.

Relative means a person who is related to an official or employee (whether by marriage,

lineal descent or adoption) as spouse, parent, child, brother, sister, aunt, uncle, niece, nephew,

grandparent, grandchild, parents-in-law, son-in-law, daughter-in-law, brother-in-law or sister-

in-law.

Volunteer means an individual who is permitted by the city, or by a person authorized to

act on behalf of the city, to assist public servants in performing any kind of official duty or

action without any expectation of receiving compensation.

Voting body means the city council and any other city authority, board, commission,

committee, council or group, regardless of whether its function is legislative, administrative,

quasi- administrative or quasi-judicial or any combination thereof, which must act as a body

on the basis of a vote of some or all of its members.

Sec. 31-22. Declaration of policy

(a) The city government is a representative democracy. Those who are elected, appointed,

hired, volunteer or campaign to serve the public as representatives accept a public

trust, which they share with those whom they elect, appoint, hire or otherwise enlist to

help them serve the public. Public trust requires that acts which are contrary to the

public interest be defined and prohibited; that there be an orderly procedure for raising

and addressing ethical questions; that ethical behavior be encouraged and suitably

4.B.3.a

Packet Pg. 254

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 7 of 21

rewarded; and that unethical behavior be discouraged and suitably disciplined through

a process which is fundamentally fair.

(b) It is the responsibility of each public servant to act in a manner which contributes to

cultivating public trust in the integrity of government

(c) In adopting this article, the city recognizes that:

(1) Public servants are also members of society and, therefore, share the same general

personal and economic interests in the decisions and policies of government as all

members of the community;

(2) Public servants retain their rights to publicly express their views on matters of general

public interest, and to express their opinions on the effect of public actions on their

personal or economic interests or rights;

(3) It is sound public policy for standards of ethical conduct for public servants to

distinguish between those minor and inconsequential conflicts that are unavoidable in

a free society, and those conflicts which are personal, material and avoidable;

(4) Public servants are entitled to engage in employment, professional or business

activities, other than official duties, in order to support themselves and their families

and to maintain a continuity of professional or business activity, and are entitled to

maintain investments.

(d) This article provides the minimum standards which a public servant's conduct cannot

fall without the risk of penalty. The principal policy which forms the foundation of

this article is to encourage internal commitment by establishing and maintaining a

work environment which supports integrity with pride and enthusiasm. A work

environment which supports integrity includes public servants who:

(1) Recognize with gratitude that the primary reason they hold a public position is to

serve the public;

(2) Are motivated and committed to pursue ethical ideals which always exceed minimum

standards and often achieve the highest standards;

(3) Encourage ethical practices which protect, advance and promote the public interest;

(4) Recognize that the most effective way to eradicate unethical practices is to

consistently act ethically themselves, and to consistently react appropriately with

respect to the ethical decisions of others;

(5) When they observe serious unethical practices, promptly disclose them to appropriate

authorities, and encourage others to do the same;

(6) Ensure that those for whom they are responsible are aware of minimum standards of

ethics below which their conduct cannot fall without the risk of disciplinary

consequences; and

(7) When circumstances warrant, appropriately discipline those who are proven to have

engaged in unethical behavior.

4.B.3.a

Packet Pg. 255

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 8 of 21

Sec. 31-23. Purposes of article

This article, including the definitions set forth in Section 31-21, is adopted to:

(1) Identify the minimum standards of ethical conduct which public servants must meet;

(2) Adequately educate public servants, and any subordinates, in the principles of ethics;

(3) Encourage public servants to pursue the highest ethical ideals which they can

achieve;

(4) Provide a process by which public servants may identify and resolve ethical issues;

(5) Provide a process to ensure the prompt disclosure by public servants of serious

unethical practices, and encourage others to do the same;

(6) Provide a fair and impartial process by which alleged violations of this article may be

heard;

(7) Provide for a just and reasonable balance among the rights of all individuals who are

directly affected by the operation of this article; and

(8) Establish penalties, as appropriate, for public servants who violate the public trust.

Sec. 31-24. Applicability of article

This article applies to all public servants, as the term is defined in this article.

Sec. 31-25. Acceptance of gifts.

(a) No public servant, nor any partner in interest of that public servant, shall solicit or accept

directly or indirectly anything of value from any person, corporation, or group which:

(1) Has or is seeking to obtain contractual or other business or financial relationships

with the City of Chamblee; or

(2) Seeks in exchange for the thing of value to have a public servant exercise a matter of

discretion in his or her favor; or

(3) Seeks in exchange for the thing of value to have interests which may be affected by

the performance or non-performance of the official duty of the public servant.

(b) No public servant nor partner in interest of that public servant shall directly or indirectly

request, exact, receive, or agree to receive a gift, loan, favor, promise, or thing of value for

him/herself or another person if:

(1) It could reasonably be considered to influence the public servant in the future or if the

public servant is involved in any official act or action which results in a monetary

benefit for the donor or lender which is not available to the public at large; or

(2) The public servant recently has been, or is now, or within six months in the future, is

involved in any official act or action which results in a monetary benefit for the donor

or lender which is not available to the public at large.

4.B.3.a

Packet Pg. 256

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 9 of 21

(c) The above prohibitions shall not apply in the case of:

(1) Occasional non-monetary gift(s) of insignificance or trinkets or gifts such as a

calendar, memento or pen received in the normal course of business with a value

of/or less than $100.00 and/or admission to and/or consumption of food and/or

beverage at a meal, function, social setting or event;

(2) Award publicly presented in recognition of public service;

(3) Transaction authorized by and performed in accordance with O.C.G.A. § 16-10-6 as

now or hereafter amended;

(4) A commercially reasonable loan or other financial transaction made in the ordinary

course of business by an institution or individual authorized by the laws of Georgia to

engage in the making of such loan or financial transaction;

(5) Campaign contributions made and reported in accordance with Georgia laws;

(6) Items listed under O.C.G.A. § 16-10-2 that are specifically itemized as "a thing of

value shall not include" as now or hereafter amended; or

(7) Food, beverage or expenses afforded city official, members of their families, or others

that are associated with normal and customary business or social functions or

activities.

Sec. 31-26. Abuse of office.

(a) Public servants may not:

(1) Engage in, directly or indirectly, financial transactions as a result of, or primarily

relying upon, information obtained from their office;

(2) Use their positions to improperly induce or coerce a person in a way that provides

financial benefits to themselves or to any for-profit or non-profit organization of

which they are a member; or

(3) Vote upon any matter involving any organization of which the public servant is a

member of the governing board of such organization, except:

a. Boards or authorities on which the public servant serves by virtue of his or her

elected office, or by appointment or with approval of the city council, mayor or

the governor or an agency of the state; or

b. Organizations which the public servant serves on and receives no

compensation (other than for expense reimbursements).

(b) Aside from these restrictions, public servants are free to engage in lawful financial

transactions to the same extent as private citizens.

Sec. 31-27. Disclosure to avoid appearance of partiality.

If a matter comes before the city council in which a public servant or a member of the

family of the public servant does not have a financial interest, direct contractual interest or

4.B.3.a

Packet Pg. 257

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 10 of 21

employment interest such as provided by the section pertaining to abstention, but in which the

public servant in good faith determines that his or her professional representative/client has such

an interest and which the public servant in good faith believes could create an impression of

partiality, such professional relationship should be disclosed by the public servant prior to the

public servant's participating in any discussion or official action with respect to the matter. Such

relationship shall not preclude participation and voting on a subject.

Sec. 31-28. Abstention to avoid conflicts of interest.

(a) It shall be a violation of this code of ethics for any public servant to participate in an

official capacity as a public servant upon any matter in which the public servant has a

financial interest, direct contractual interest or employment interest; or

(b) Except as provided in Subsection (c)., if any public servant has a conflict of interest or has

an interest that he has reason to believe either violates this code of ethics or affects his or

her official acts or actions in any matter prohibited, the public servant shall immediately

leave the meeting room, if the meeting is not open to the public. If the meeting is open to

the public, the public servant shall move to the area the general public occupies. The

public servant may, however, participate at any meeting open to the general public as

would any other person attending the meeting, except as provided in Subsection (c). In the

event of such conflict of interest, the public servant shall leave his or her regular seat as a

member of the Chamblee City Council, and not return to it until the deliberation and

action on the matter is completed.

(c) Nothing herein shall prohibit a public servant from publicly stating that a conflict of

interest exists and/or the nature of the conflict as well as participating on the procedural

matter if the item is placed on the consent agenda showing the public servant abstaining

on the item.

(d) Except where an item is on the "consent agenda" or as otherwise permitted under this

section, any conflict of interest which prohibits a public servant from voting on an issue

shall also prohibit a public servant from presiding during the issue being heard.

(e) Nothing herein shall require the public servant to absent himself or herself from her seat

while action is taken for any item for which the public servant has a conflict of interest

which is contained on a "consent agenda" and upon which there is no deliberation

provided the public servant's conflict has been disclosed and the public servant abstains

from voting on that particular item on the "consent agenda" and while voting for the

"consent agenda", except as noted (Note: The public servant may vote for the adoption of

the "consent agenda" provided it shows that he or she abstained from that particular item

on the consent agenda).

(f) A public servant may abstain from a portion of a motion that the public servant has a

conflict on and not have to abstain from the remainder of the items contained in the

motion for which there is no conflict of interest. However, a public servant with a conflict

may not make or second the motion to approve.

(g) The city clerk shall note in the minutes/record when a member leaves the council seat due

to a conflict of interest on an issue.

4.B.3.a

Packet Pg. 258

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 11 of 21

Sec. 31-29. Unauthorized outside employment

(a) Purpose of policy. The purposes of the policies governing unauthorized outside

employment are to prevent conflicts of interest and conflicts of loyalty; to prevent

abuses regarding dual compensation, payment for work not done, or unlawful gifts

of public funds; and to prevent excessive loss of efficiency in the performance of

public service

(b) Conflict of interest. A public servant shall not accept any employment, nor enter

into any contract, nor perform any service for compensation that results in a

financial conflict of interest or a conflict of loyalties which would affect the

performance of the public servant's official duties

Sec. 31-30. Use of public property.

A public servant shall not use City of Chamblee government property of any kind for other

than officially approved activities, nor shall he or she direct employees to use such property for

these purposes.

Sec. 31-31. Use of confidential information.

A public servant shall not directly or indirectly make use of, or permit others to make use of,

for the purpose of furthering a financial interest, official information not made available to the

general public.

Sec. 31-32. Interests and contracts involving public servants.

(a) During the public servant's term, no public servant shall acquire a property interest in any

contract or transaction if a reasonable basis exists that such an interest conflicts with a

known intended purchase by the city, without first offering said interest to the city.

(b) Except as provided herein, the city shall not enter into any contract involving services or

property with a public servant or with a business in which the public servant has an

interest requiring disclosure herein. Provided that such interest is disclosed to all parties

involved, the prohibitions of this section shall not apply in the case of:

(1) Designating a bank or trust company as a depository for city funds;

(2) Borrowing funds from any bank or lending institution which offers competitive rates

for such loans;

(3) Entering into contracts with a business which employs a consultant, provided that

such employment is not incompatible with this section;

(4) Contracts for services entered into with a business which is the only available source

for such goods or services; and

(5) Contracts entered into under circumstances which would constitute an emergency

situation, provided that such emergency is documented and submitted to the city

clerk to be kept on file;

4.B.3.a

Packet Pg. 259

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 12 of 21

(6) Where the city council approves the contract;

(7) Where the public servant serves on the board or entity by virtue of his or her office

or by appointment or with approval of the city council.

(8) Where the public servant discloses the position and the city council approves the

service(s) or the transaction;

(9) Where the contract is on a bid basis following the city's procurement procedures and

provided such service is not a professional service.

(c) In the event that a public servant shall be paid any remuneration under this section, it shall

not be, as long as disclosure is made, a violation of this section to earn such remuneration

during times when the public servant is being remunerated by the city or an agency

thereof.

(d) The city shall not be prohibited from doing business with an entity which employs a

member of the family of a public servant, provided that:

(1) Such business relationship does not violate this section;

(2) Such business relationship is fully disclosed in writing; and

(3) Where applicable, the affected business entity shall be required to use the bid

system when conducting business with the city.

Sec. 31-33. Restrictions on contracts with former members of the governing authority.

The city shall not enter into any contract with any person or business represented by such

person, who has been within the preceding 12-month period a member of the governing

authority, unless the contract is awarded by a competitive bid or a committee selection process.

Sec. 31-34. Unauthorized purchases.

A public servant shall not order any goods and services for the City of Chamblee without

prior official authorization for such expenditure.

Sec. 31-35. City attorneys used for private business.

A public servant shall not use an attorney or attorneys who are under retainer by the City of

Chamblee, or any board, commission, authority or committee under the umbrella of the City of

Chamblee for personal or private business without paying just compensation.

Sec. 31-36. Unauthorized use of public employees.

A public servant shall not use his or her position to request or require an employee to:

(1) Do work on behalf of his or her social, church or fraternal interests without paying just

compensation;

4.B.3.a

Packet Pg. 260

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 13 of 21

(2) Do work on behalf of a member of the family of the public servant without paying just

compensation;

(3) Purchase goods and services to be used for personal, business or political purposes; and

(4) Work for him or her personally or in his or her private business without paying just

compensation.

Sec. 31-37. Coercion by public servant.

A public servant shall not use his or her position in any way to coerce, or give the

appearance of coercing, another person to provide any financial or in kind benefit to him or

person(s) that are a member of the family of the public servant, or those with whom a council

member has a financial interest, direct contractual interest or employment interest.

Sec. 31-38. Improper use of office; harassment; improper influence.

(a) No public servant shall intimidate, threaten, coerce, discriminate against, or give the

appearance of or attempt to intimidate, threaten, coerce or discriminate against any

employee for the purpose of interfering with that person's freedom of choice in the regular

discharge of his or her official duties or to cause the employee to violate the city's

personnel policies.

(b) No public servant shall improperly influence any city public servant to violate the

standards of ethical conduct set forth in this ethics code.

(c) No public servant shall create a "hostile work environment" towards an employee as

defined under federal law.

Sec. 31-39. Elections.

No public servant shall direct any person employed by the city to undertake political activity

on behalf of that public servant, any other public servant or any other individual or political party

or group or business organization, during such time that the city employee is required to conduct

city business. This section does not prohibit incidental telephone calls made for the purpose of

scheduling a public servant's daily city business.

Sec. 31-340. Travel expenses.

A public servant member shall not draw per diem or expense monies from the City of

Chamblee to attend a seminar, convention or conference and then fail to attend the seminar,

convention or conference without refunding the pro-rata unused per diem or expense monies to

the city.

Sec. 31-41. Contact with ethics committee members.

No public servant shall have discussions or contact, of any manner, with a member of the

ethics committee, other than as a witness, about the conduct or actions of a public servant in

4.B.3.a

Packet Pg. 261

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 14 of 21

regard to the potential filing of a complaint or after the filing of a complaint through the decision

on a complaint. Should the ethics committee be considering a complaint against a public servant,

no discussion regarding the complaint shall be held between public servants and members of the

ethics committee until adjudication of the complaint is made.

Sec. 31-42. No prohibition.

(a) Nothing contained herein shall prohibit action or make it improper for action taken in the

individual's private capacity or the individuals appearance before any board of the city or

interaction with employees of the city in his or her private capacity as any other public

citizen would in regard to their individual business or individual interests.

(b) Except as specifically prohibited in this chapter or state law, a public servant shall be able

to and is entitled to participate and vote on any matter that comes before the governing

authority of the City of Chamblee.

DIVISION 2. COMPLAINTS

Sec. 31-71. Creation of board of ethics; membership; term; compensation.

(a) Created; membership. The board of ethics of the city shall be composed of three

residents of the city to be appointed as provided in paragraph (c ) of this subsection.

Each member of the board of ethics shall have been a resident of the city for at least one

year immediately preceding the date of taking office and shall remain a resident of the

city while serving as a member of the board of ethics.

(b) Member restrictions. Members of the board shall not be elected city officials, fulltime

appointed officials (whether exempt or nonexempt), or city employees, and shall hold no

elected public office nor any city employment. No person shall serve as a member of the

board of ethics if the person has, or has had within the preceding one-year period before

appointment to the board, any interest in any contract, transaction, or official action of the

city.

(c) Appointment. The mayor and council members shall each designate two qualified citizens

to provide a pool of 12 individuals who have consented to serve as a member of such

board of ethics and who will be available for a period of two years to be called upon to

serve in the event a board of ethics is appointed. An appointment to fill a vacancy on the

board shall be made by the mayor and approved by the city council.

The city manager shall maintain a listing of these 12 qualified citizens. Should it be

determined that an ethics board needs to be convened, the mayor and council, at the first

public meeting after such determination, shall draw names randomly from the listing of

qualified citizens until the specified three members of the board of ethics have been

appointed. Prior to the random drawing of names, the names of individuals appointed to

the pool by any member(s) of the governing body charged in a complaint which the board

will be reviewing shall be removed.

(d) Chairperson. The board shall elect one of its members to serve as chairperson.

4.B.3.a

Packet Pg. 262

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 15 of 21

(e) Limit of term. No person may serve more than two consecutive full terms as a board

member.

(f) Deliberations, actions open to the public. The board's deliberations shall be open to the

public.

(g) Compensation. Members of the board are volunteers and shall serve without

compensation. The city council shall provide meeting space for the board of ethics.

Subject to budgetary procedures and requirements of the city, the city shall provide the

board of ethics with such supplies and equipment as may be reasonably necessary to

perform its duties and responsibilities.

(h) Staff support. The city council shall provide such staff support for the board as the city

council determines to be necessary for the board to fulfill its duties and responsibilities.

The city clerk, or assistant city clerk if the city clerk is the subject of the ethics complaint,

shall serve as recording secretary to the board.

Sec. 31-72. Appointment of hearing officer.

Whenever the procedures herein require a review by or hearing in front of a hearing officer,

such hearing officer shall:

(1) Be a competent attorney at law of good standing in his or her profession;

(2) Be a member of the Georgia Bar;

(3) Have at least five years' experience in the practice of law; and

(4) Shall not maintain an office nor shall he reside within the city.

The mayor and city council shall appoint an attorney with the above qualifications yearly as

the hearing officer.

Sec. 31-73. Custodian of records.

The city clerk shall serve as legal custodian of the board's records, and accept, file, maintain

and administer, in accordance with all applicable laws, any information related to the purposes of

this article.

Sec. 31-74. Receipt of complaints.

(a) All complaints filed under this article, except as otherwise provided herein, shall be filed

with the city clerk, provided, however, to discourage the filing of ethics complaints solely

for political purposes, complaints will not be accepted against a person seeking election

as a member of the city council or the mayor, whether currently serving or not, from the

date qualifying opens for the elected office at issue through the date the election results

for that office are certified. The time for filing complaints shall not run during this period.

Properly filed complaints will be accepted and processed after the election results have

been certified.

4.B.3.a

Packet Pg. 263

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 16 of 21

(b) No action may be taken on any complaint which arises out of substantially the same facts

or circumstances which have previously served as the basis for a complaint pursuant to

this article.

(c) Any complaint shall be in writing, shall be signed by the person filing the complaint and

sworn in the presence of a notary. Each complaint shall state:

(1) A separate count for each alleged violation;

(2) The specific section of this article alleged to have been violated;

(3) With specificity, the facts which are alleged to constitute the violation; and

(4) The documentary evidence which the complainant possesses. Copies of said

documentary evidence shall be attached to the complaint as exhibits.

(d) All complaints shall contain an oath that the facts set forth therein are true and correct to

the best of the complainant's knowledge in substantially the following form:

(1) "STATE OF GEORGIA

COUNTY OF DEKALB

AFFIDAVIT

(2) Personally appeared before the undersigned officer duly authorized to administer

oaths, (Name of person filing Complaint), who on oath deposes that the statements in

the foregoing Complaint are true and correct to the best of his/her knowledge and

belief. The affiant further acknowledges that false statements made in this Complaint

may result in a prosecution against them for false swearing, a felony under O.C.G.A.

16-10-71.

(3)

(Signature of person filing Complaint)

(4) Sworn to and subscribed

(5) Before me this _____ day of ________ 20_____;.

(6) ____________

Notary Public"

(e) Complaints against the city clerk, city manager, or city attorney shall be filed directly with

the mayor, who shall forward said complaint to all councilmembers. The mayor and

council shall discuss the complaint at a regular or special meeting and either:

(1) Dismiss said complaint;

(2) Choose to treat said complaint as a personnel matter and determine any consequences

against the city clerk, city attorney or city manager for violations complained of; or

(3) Determine that a full ethics investigation is warranted and forward said complaint to

the city clerk (or assistant city clerk if the complaint alleges violations by the city

clerk) to move forward with the complaint process outlined in this article, with the

exception that if the complaint is against the city attorney, the city clerk shall forward

same directly to the hearing officer, who shall, in addition to substantive determination

of the complaint, shall determine if the complaint has been filed in accordance with the

procedures outlined in this section.

4.B.3.a

Packet Pg. 264

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 17 of 21

Sec. 31-75. Service of complaints/city attorney review.

(a) Upon receipt of a filed complaint, the city clerk shall cause the complaint to be served on

the public servant charged as soon as practicable but in no event later than seven calendar

days after receipt of a verified complaint. Service may be by personal service, by certified

mail, return receipt requested or by statutory overnight delivery. The city clerk shall also

forward the complaint to the city attorney for review.

(b) The public servant charged in the complaint shall have 15 days from receipt of complaint

to file an answer to the complaint provided, however, the public servant charged shall

have no obligation to file an answer to any complaint. On due cause shown, the hearing

officer or the city attorney may extend said deadline up to an additional 15 days.

(c) Within seven days of receiving a filed complaint, the city attorney shall review said

complaint for conformity with the requirements of Section 31-74 of this article. If the city

attorney finds that the complaint is not in conformance with the requirements of Section

31-74, the city attorney shall dismiss the complaint and serve said dismissal in writing to

the complainant and the public servant charged. Said dismissal shall be without prejudice

once and, if refiled and still not in conformity with Section 31-74 upon second filing,

which shall be within 30 days of the letter of dismissal, shall be with prejudice. The

complainant shall have the right to appeal the city attorney's determination to the

appointed hearing officer by filing a written appeal with the city attorney no later than

five days following receipt of the letter of dismissal. The hearing officer's review of the

city attorney's decision in such appeal shall be de novo. If the hearing officer concurs

with the city attorney's dismissal, the hearing officer shall dismiss said complaint and

said dismissal shall be with prejudice and there shall be no right to re-file the complaint.

If the hearing officer disagrees with the city attorney's dismissal, he shall proceed with

substantive review of the complaint pursuant to the procedures in this article.

(d) Complaints found to be in conformance with the requirements of Section 31-74 of this

article, by either the city attorney or appointed hearing officer, will be further reviewed

by the hearing officer as set forth in Section 31-76 of this article.

Sec. 31-76. Procedures for review and hearing of complaints.

(a) Upon being forwarded a complaint pursuant to Section 31-75, the hearing officer shall

review same to determine if the complaint is unjustified, frivolous or patently unfounded.

A frivolous, unjustified or patently unfounded complaint shall mean a complaint clearly

unsupported by evidence or law which is brought for no other reason than to waste time

and be a nuisance to the accused and/or convoluted in reasoning to a point where a

reasonable person is unable to clearly establish how the actions alleged by the

complainant serve as a violation of this article. The hearing officer may take into

consideration any relationship between the complainant and the accused, previous

allegations by complainant against the accused, the timing of the complaint and any

political or other improper motive for filing said complaint. If the hearing officer

determines that the complaint is frivolous, unjustified or patently unfounded, the hearing

officer shall dismiss the complaint and notify the complainant and accused of said

dismissal in writing within 15 days of receiving the complaint.

4.B.3.a

Packet Pg. 265

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 18 of 21

(b) Upon a determination that a complaint should not be dismissed pursuant to subsection (a)

of this Section 31-76, the hearing officer shall be empowered to collect evidence and

information concerning any complaint and to add the findings and results of his

investigation to the file containing said complaint. In furtherance of this investigation, the

hearing officer may:

(1) First, seek such further information from the complainant or the public servant charged

through inquiry or written questions; provided, however, the public servant charged

shall have no obligation to answer any inquiries. Upon collection of such additional

evidence, if the hearing officer determines that the complaint demonstrates facts

sufficient to invoke disciplinary jurisdiction, the hearing officer shall conduct a hearing.

(2) During said hearing which is conducted to determine whether a violation of this article

has occurred:

a. The person under investigation, or the accused, shall receive written notice of the

hearing at least 14 days in advance of the first hearing from the city clerk (or

assistant city clerk if the city clerk is the subject of the complaint) and may be

represented by counsel of his or her choosing; and

b. The accused or his representative, if any, shall have an opportunity to:

i. Challenge the sufficiency of any complaint which has been filed against him;

ii. Examine all documents and records obtained or prepared by the hearing officer

in connection with the matter heard;

iii. Bring witnesses;

iv. Establish all pertinent facts and circumstances;

v. Question or refute testimony or evidence, including the opportunity to confront

and cross examine adverse witnesses; and

vi. Exercise, to the extent the hearing officer, in his discretion, determines to be

just and reasonable, any pretrial discovery procedure usually available in civil

actions.

vii. During said hearing, the statutory rules of evidence shall not strictly apply.

(3) During said hearing, the hearing officer shall serve as the magistrate of the

proceeding and the ethics board shall serve as the "jury," and shall have the right, at

the conclusion of the hearing, to ask the hearing officer questions concerning the law

to be applied and clarification on any evidence presented at the hearing.

(4) The burden shall be on the complainant to show, by clear and convincing evidence,

that the accused public servant has violated the provisions of this article.

(c) Within ten days of the hearing, the ethics board shall meet to determine whether the

complainant has proven, by clear and convincing evidence that the accused public servant

has violated the provisions of this article. The hearing officer shall be present at said

meeting to answer any questions of the board regarding any aspect of the hearing. If the

board determines by majority vote that the burden has not been met, the board shall dismiss

the complaint with prejudice.

4.B.3.a

Packet Pg. 266

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 19 of 21

(d) If the board determines, by majority vote, that the accused public servant violated the

provisions of this article, the board shall recommend punishment for said violation to the

mayor and city council by stating so on the record, which shall be transmitted, , to the mayor

and city council within five days of the conclusion of the board's determination.

(e) The report of the board, as well as all documentation gathered by the hearing officer as part

of each complaint and as presented in any evidentiary hearing, shall be subject to the

requirements of the Georgia Open Records Act and all meetings of the board, including the

evidentiary hearing where the board serves as "jury," shall be subject to the requirements of

the Georgia Open Meetings Act.

Sec. 31-77. City council action.

(a) Within 30 days following the receipt of the findings of the hearing officer and

recommendations of the board, the mayor and council shall, at their next regularly

scheduled meeting, either:

(1) By simple majority accept the recommendations of the board;

(2) By simple majority, accept the findings of the hearing officer and reject the

recommended discipline, instead substituting its own discipline; or

(3) By simple majority, dismiss the complaint.

(b) If the subject of the complaint is the mayor or any councilmember, he or she will not be

allowed to vote pursuant to this section or participate in any discussion related thereto,

nor shall such position be counted for the purpose of establishing a quorum for this

particular purpose.

(c) Upon final determination by the city council pursuant to this section, the city clerk (or

assistant city clerk if the city clerk is the subject of the complaint) shall serve the accused

with certified copies of the findings and recommendations of the hearing officer and the

board, as well as certified minutes of the final action of city council, by personal service,

certified mail, Federal Express or other overnight delivery service.

Sec. 31-78. Right to appeal.

A complainant aggrieved by a dismissal of the complaint by the hearing officer or board of

ethics, or public servant adversely affected by the final decision of the city council, may appeal

said decision by Petition for Writ of Certiorari to the Superior Court of DeKalb County in

accordance with state law.

Sec. 31-79. Statute of limitation.

No action may be taken on any complaint which is filed later than one year after a violation

of this article is alleged to have occurred, and any complaint alleging a violation must be filed

within six months from the date the complainant knew or should have known of the action

alleged to be a violation; such limitation periods shall be measured from the date of the last act

4.B.3.a

Packet Pg. 267

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 20 of 21

occurring in furtherance of such violation. No proceeding under this article shall be instituted or

prosecuted after the earlier of:

(1) The expiration of the term of office of the person complained against; or

(2) The resignation, death, vacancy, disqualification withdrawal or termination from office

of the public servant against whom a complaint is filed.

Sec. 31-80. Bar against subsequent complaints.

Where a complainant files a complaint for which the ethics committee fails to make a

"referral to city council" or for which the city council fails to determine that any penalty is

appropriate, the complainant shall be barred from filing any subsequent complaint against the

same respondent public servant(s) for a period of six months after termination of the original

complaint proceeding. Where a complainant files a complaint for which the ethics committee

fails to make a "referral to city council" or for which the city council fails to determine that any

penalty is appropriate, the complainant shall be barred from filing any subsequent complaint

against the same respondent public servant(s) alleging substantially the same facts and

circumstances as the basis for the subsequent complaint.

Sec. 31-81. Limitation of liability.

No member of the ethics committee, any clerk, attorney, or city employee or any person

acting on behalf of the ethics committee, shall be liable to any person for any damages arising

out of the enforcement or operation of this ethics code except in the case of willful, malicious, or

wanton conduct. This limitation of liability shall apply to the city, the members of the ethics

committee, and any person acting under the direction of the ethics committee, including the

clerk, attorney and/or any other city employee acting under the direction of the ethics committee.

4.B.3.a

Packet Pg. 268

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)


Page 21 of 21

PART II

It is hereby declared to be the intention of the Mayor and City council that the sections,





ordinance.


same be adopted. Said motion was seconded by Council member ___________________. Same

was then put to a vote and ______ Council members voted in favor of the ordinance, and

_______ Council members voted against the ordinance. Said motion was thereupon declared

passed and duly adopted this ________ day of _______________, 2013.

__________________________________

Emmie Niethammer


Approved this _____ day of ________________, 2013.

_____________________________________



Approved as to form: ____________________________

Joe Fowler, City Attorney

First reading: ______________________

Second reading: ____________________

4.B.3.a

Packet Pg. 269

Att

ach

men

t: N

ew E

thic

s O

rdin

ance

(12

48 :

Ad

op

tio

n o

f N

ew E

thic

s O

rdin

ance

)

11/19 City of Chamblee City Council Meeting

Documents

Transcript of 11/19 City of Chamblee City Council Meeting