December 4, 2017 6:00 p.m. - Carrollton...Aug 12, 2017 · 11 06 2017 MAYOR AND COUNCIL MEETING...

AGENDA City of Carrollton Mayor and Council Meeting

December 4, 2017 6:00 p.m.

Public Safety Complex, Court/Council Chambers, 115 West Center Street, Carrollton, Georgia

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

IV. CITIZEN COMMENTS (Please state your name and address for the record and limit comments to three minutes.)

V. MINUTES (November 6, 2017)

VI. MAYOR AND COUNCIL ANNOUNCEMENTS / COMMENTS

VII. CITY MANAGER ANNOUNCEMENTS

VIII. APPROVAL OF AGENDA ITEMS FOR CONSIDERATION

1. Certificates of Recognition: 2017 GRPA 14 & Under Volleyball Champions

2. Recognition: 2017 GRPA Volunteer Awards

3. Rezoning Request: Rezone 9.93 acres from C-2 (General Commercial) to C-3 (Neighborhood Commercial) with the SHFZ (Senior Housing Floating Zone) Location: 170 Highway 113 Applicant: CRN Development, LLC on behalf of property owner Carstin Developers LLC (Supporting documents to include Parking and Housing Study are separate from Agenda Packet)

4. Special Use Permit Request: Modular Structure for Religious Use on .92 acres Location: 426 Burson Avenue Applicant: Pastor Lewis Askew

5. Public Hearing and Consideration of Resolution 13-2017: Occupation Tax

Ordinance Proposed Amendment

6. Resolution 14-2017: Recreational Trail Program Grant Application

7. Vehicle Bids: Water Filter Plant (1)

8. Vehicle Bids: Facility Maintenance (1)

9. 2018 Mayor and Council Meeting Schedule

10. Board Appointment: Planning Commission (3)

11. Board Appointment: Main Street Board (3)

12. Board Appointment: Corridor Development & Beautification Committee (4)

IX. ADJOURN The Agenda for each Mayor and Council Meeting is available for review in the City Manager’s Office, 315 Bradley Street, Carrollton, Georgia and the City’s website, www.carrollton-ga.gov five (5) business days prior to a Mayor and Council Meeting. A summary of Agenda items acted upon is available within 48 hours of the meeting at the address and website listed above. Minutes to any previous meeting (once adopted) are available upon request or may be viewed on the City’s website, www.carrollton-ga.gov. The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at a meeting, the City will try to accommodate you in every reasonable manner. Please call (770) 830-2000 from 8:30 a.m. to 5:00 p.m. Monday through Friday at least 48 hours prior to the meeting if special assistance is needed.

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11 06 2017 MAYOR AND COUNCIL MEETING MINUTES PAGE - 1

MINUTES City of Carrollton Mayor and Council Meeting

November 6, 2017 6:00 p.m.

Public Safety Complex, Court/Council Chambers, 115 West Center Street, Carrollton, Georgia

I. CALL TO ORDER The Mayor and Council met in a regularly scheduled meeting on Monday, November 6, 2017 in the Public Safety Complex, Court/Council Chambers, 115 West Center Street, Carrollton, Georgia. Mayor Hollingsworth called the meeting to order at 6:04 p.m. Members present: Mayor Walt Hollingsworth, Mayor Pro-Tem Gerald Byrd, Councilmember Jim Watters, Councilmember Lane and Councilmember Rory Wojcik. Members absent: None

II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Hollingsworth.

III. INVOCATION The invocation was offered by Finance Director Jim Triplett.

IV. CITIZEN COMMENTS - Mr. Barry Dalton, 150 Tony Drive, Carrollton provided samples of his miniature garden train set and

stated he would like to donate the train set and accessories to the City. Mr. Dalton stated that he was willing to donate the time and energy to design the layout. Mr. Dalton advised that the space needed for the train set display would be between 400 and 800 square feet.

- Ms. Annette Johnson of Atlanta, requested support of the Mayor and Council as she seeks to have a portion of Highway 27 South honorarily named “Dr. Samuel Thomas Memorial Highway”. Ms. Johnson stated that Dr. Thomas was her great uncle and the first African American doctor at Tanner Hospital. Ms. Johnson reported that she had been in contact with Senator Dugan’s office regarding the matter. Councilmember Byrd requested City Manager Grizzard to research how the City has honorarily named portions of highways after individuals and have the information available for the next meeting.

- The following City of Carrollton Fire Department employees expressed their support of Fire Chief Jimmy Bearden operations of the Fire Department and expressed appreciation to the Mayor and Council and to City Manager Tim Grizzard:

Captain Bill Messer, 26-year employee Lt. Bill Lambert, 20-year employee Lt. Allen English, 22-year employee Lt. Al Jones, 27-year employee

- Mr. Troy Smith, 35-year veteran firefighter for Gwinnett County expressed support for Chief Bearden,

remarked on the professionalism of the entire department and requested the Mayor and Council to gauge the department’s success on the ISO 1 rating and not allow others who are not firefighters to come in, complain and disrupt the department.

- Dr. Deidre Rousch, Carrollton resident, expressed appreciation and support for Chief Bearden and his willingness to always assist in events she has organized.

- Catherine Johnson, resident of Nizzear Lane reported continued issues with trash not being picked

up as scheduled and debris being strewed by the garbage truck within the complex.

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V. MINUTES (August 7, 2017 and August 28, 2017) Motion by Mayor Pro-Tem Byrd, seconded by Councilmember Wojcik to approve the minutes of the October 2, 2017 and October 19, 2017 meetings as presented. Discussion on the Motion: Mayor Pro-Tem Byrd stated that in regard to the October 19, 2017 Meeting Minutes which reflect the vote on the purchase of five (5) Bristol Lake properties, that it be noted that he requests that in the proposed program; that two (2) of the properties be made available to those persons in the Human Relations/Services or Clergy field. (Motion passed 5-0.) VI. MAYOR AND COUNCIL ANNOUNCEMENTS

Councilmember Wojcik: - Expressed appreciation to staff and encouraged everyone to keep up the good work.

Mayor Hollingsworth: - Expressed appreciation to Main Street Director Aundi Lesley for assistance with a lighting issue

at the Amp. - Thanked Chief Richards and the Police Department for all efforts the night of Halloween where

Police Officers shut down streets to allow safe trick or treating in areas. - Expressed appreciation to the Fire Department.

Councilmember Lane: - Thanked the Fire Department for everything they do and stated that if he had given the impression

that he is not supportive, he apologized and stated he would be a better defender of the department in the future.

Mayor Pro-Tem Byrd: - Stated he had visited almost 3,000 homes during the election canvassing and had enjoyed

meeting constituents face to face. - Expressed appreciation to Carrollton Parks and Recreation Director Peter Maierhofer and staff

for the recent hosting of the Miss Sparkle Pageant for girls with special needs. - Thanked everyone who attended and assisted with the annual Boo Bash in West Carrollton. - Expressed appreciation to City Manager Grizzard and Public Works Director Mike Green for all

efforts on removing blighted structures. - Recognized Audrey North for her efforts in the fight against drugs. - Thanked all those responsible for nominating him as the Georgia Recreation and Parks

Association (GRPA) Regional Volunteer of the Year, which resulted in him being named the GRPA State Volunteer of the Year for 2017.

VII. CITY MANAGER ANNOUNCEMENTS City Manager Grizzard:

- Announced the City had received a $10,000 grant from the Georgia Municipal Association for the purchase of trench boxes. Expressed appreciation to Safety Director/Operation Manager Tony Richardson and Human Resource Director Faith Pullen for their work on procuring the grant.

- Announced the City had received another $10,000 grant from the Georgia Municipal Association to assist with health and wellness benefits, such as the City’s annual health fair.

- Expressed appreciation to the Police Department for closing a few of the busy streets for trick or treaters on Halloween.

VIII. APPROVAL OF AGENDA ITEMS FOR CONSIDERATION Motion by Mayor Pro-Tem Byrd, seconded by Councilmember Wojcik to approve the Agenda as presented. (Motion passed 5-0.)

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1. Police Vehicle Purchase

City Manager Grizzard advised that in January of this year, staff brought before the council the anticipated need for the replacement of seven patrol cars that all had high mileage. At that time, the Mayor and Council approved the purchase of one (1) Dodge Charger; of which was paid for with seized drug money and is in service. In June of 2017 the Mayor and Council approved the purchase of four (4) more vehicles. Those have been ordered and have yet to be received. The dealer has indicated that we should receive a portion of the order in the next few weeks. City Manager Grizzard reported that this summer, three (3) vehicles with extremely high mileage were in accidents and deemed not worth repair. The insurance reimbursements were added to drug task force money and a fifth vehicle was ordered. This purchase was reported to the Mayor and Council in the monthly report last month. This vehicle has not been received either. City Manager Grizzard advised that eight (8) vehicles remain in service with mileage between 120,000 and 141,000. Police Chief Richards requests approval to procure one more Dodge Charger from the state contract winner which is Akins Ford Dodge Jeep Chrysler of Winder, GA. The price has gone down slightly from the previous purchases and is $24,363.75 and the purchased would be paid for with seized drug money. Motion by Mayor Pro-Tem Byrd, seconded by Councilmember Watters to authorize the purchase of a police pursuit vehicle (2018 Dodge Charger) fully equipped and painted from Akins Ford Dodge Jeep Chrysler of Winder, Georgia. (Motion passed 5-0.)

2. Revisions to Main Street Bylaws Community Development Director Erica Studdard advised that in September 2014, the Mayor and City Council voted to amend the Main Street Program’s Bylaws by: (1) Changing the process by which the Main Street Board of Directors are appointed; (2) Reducing the number of Directors on the Board, and (3) Moving the fiduciary responsibilities of the Main Street Program to the City. Director Studdard reported there were several unintended negative consequences that arose from these changes. The appointment process is cumbersome and the Board will be more effective by additional members that can serve on the four subcommittees that are established by the Main Street Program. Director Studdard requested that the Mayor and Council revise the Main Street Bylaws by amending the following: • Amend the Board of Director appointment process to allow the Mayor and Council to make

appointments upon recommendation from the Board of Directors. (Director Studdard advised that this is the standard process other Boards and Commissions within the City use. It was also the process that was used from the Main Street Program’s inception until the Bylaws revision in September 2014, and it works well. The current system requires recommendation of the entire membership, then the nominee approval by the Mayor and City Council, and then a vote of the entire membership. This process is lengthy and is not necessary.)

• Increase the number of Board of Directors from five to seven (5-7) Directors to seven to nine

Directors (7-9). (Director Studdard advised that the optimal number for an effective Board of Directors is nine (9). Director Studdard noted that three (3) of the Board member’s terms expire in January 2018, and requested that the Mayor and Council staffer the appointments of the additional members so there are not five (5) new members all at once. Director Studdard proposed that the Mayor and City Council appoint three (3) new members at the January 2018 meeting and then an additional two (2) members in July 2018.)

Director Studdard also recommended that the responsibility for the finances for the Main Street Program remain with the City.

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Motion by Councilmember Wojcik, seconded by Councilmember Watters to amend the Main Street Bylaws as presented. (Motion passed 5-0.)

3. Fire Department Audit Recommendations Implementation – Update City Manager Grizzard presented the following Fire Department Audit Recommendations for consideration to move forward with purchasing and implementing: SCBA Masks-$18,000, Turnout Gear Washer/Dryer Unit-$20,000, Leather Boots-$22,000 and proceed with the recommended Fire Department promotions-$44,000. City Manager Grizzard advised that the funds needed to purchase the equipment and implement the promotions can be found within the current Fire Department budget, and a budget amendment would not be necessary. City Manager Grizzard advised that staff needed direction to proceed with fulfilling the recommendations. Fire Chief Jimmy Bearden addressed the Mayor and Council and stated the Fire Department had been very blessed with good equipment throughout his career, and the enhanced safety measures are appreciated. Chief Bearden advised he wanted it known that the department has always purchased and utilized safe equipment and exercised frugality when purchasing equipment, without compromising safety. Chief Bearden compared existing equipment with the proposed upgraded equipment to a Cadillac vs. Toyota vehicle purchase, citing both will get you where you need to go safely, with the Cadillac having additional safety features. Chief Bearden stated that he had been working closely with the City Manager over the last six weeks to accomplish the suggestions without a budget amendment. City Manager Grizzard commended Chief Bearden and reminded the Mayor and Council of the City’s obtaining an ISO rating of 1, and compared Carrollton’s ISO 1 rating to other department in surrounding counties, including: Douglas County-ISO 4, Haralson County-ISO 4, Heard County-ISO 5, Coweta County-ISO 4, Carroll County-ISO 3 and Newnan-ISO 2. City Manager Grizzard stated that all the mentioned agencies are excellent departments, but do not hold a candle to the Carrollton Fire Department. Motion by Mayor Hollingsworth, seconded by Councilmember Lane to approve the purchase of the Fire Department Audit recommended equipment (SCBA Masks-$18,000, Turnout Gear Washer/Dryer Unit-$20,000, and Leather Boots-$22,000) and proceed with the recommended Fire Department promotions ($44,000). Discussion on the Motion: Councilmember Lane confirmed the cost of each recommendation and that the City could meet the recommendations without a budget amendment. (Motion passed 5-0.)

4. Revocable Encroachment License for 108 Adamson Square

Director Studdard advised that the City has received a request from Greg Camp, acting on behalf of March Investments LLC, to encroach in the City’s public sidewalk (right of way) 6’6” at 108 Adamson Square. The purpose of the encroachment is for the construction of a permanent rooftop deck. The building was previously Max and Henry’s and will continue to be used as a restaurant/bar. Director Studdard briefly reviewed the proposed revocable license agreement and shared photographs of the proposed encroached area. Director Studdard pointed out that the permanent deck structure will be cantilevered above the first story of the building, and no portion of the structure will obstruct pedestrian flow along the sidewalk. The license agreement as proposed can be terminated by the City with 180 days written notice. Motion by Councilmember Wojcik, seconded by Councilmember Watters to approve the revocable encroachment license agreement for 108 Adamson Square. (Motion passed 5-0.)

XI. ADJOURN There being no additional business to address, the meeting was adjourned at 7:35 p.m.

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December 4. 2017

Carrollton Parks and Recreation

14 & Under Girls Volleyball Championship Team

It is with great pleasure and tremendous pride that the Mayor and Council of the City of Carrollton, express our sincere congratulations to the Carrollton Parks and Recreation 14 & Under Girls Volleyball Team for winning the Georgia Recreation and Parks Association State Championship in Volleyball on November 11, 2017.

14 & Under Volleyball State Champions

Katie Allred Josie Godwin Charlotte Milanese Abbigale Shedd

Christian Dedman Mylah Land Maggie Miles Blakley Young

Coach Samantha Peavey

Coach Emily Robison

Coach Monica Craig These players and coaches are to be commended for a long and successful season and we are proud of the record you have earned with dedication, enthusiasm, and willingness to work hard, as well as the fine publicity you have brought to our community. Therefore, we are pleased to publicly commend the Carrollton Parks and Recreation 14 & Under Girls Volleyball Team for these fine efforts and present this Certificate of Recognition to each team member as an expression of the affection and admiration from the Mayor and Council and all the citizens of the City of Carrollton, Georgia. In witness whereof I have hereunto

set my hand and caused the seal to be affixed. Mayor________________________ Date: December 4, 2017

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MEMORANDUM To: Mayor and Council From: Timothy C. Grizzard. P.E., City Manager Date: November 27, 2017 Subject: 2017 Georgia Recreation and Parks Association Award Winners The City of Carrollton is pleased to recognize the following Georgia Recreation and Parks Association (GRPA) Award winners for 2017:

Mrs. Laura Richards: GRPA 2017 Volunteer of the Year for the Carrollton GreenBelt. Mayor Pro-Tem, Gerald Byrd: GRPA 2017 Volunteer of the Year for Legends West

Park. Dr. Eric Heine: GRPA 2017 Volunteer of the Year for the Hobbs Disc Golf Course. Mrs. Tonya Pittman: GRPA 2017 Volunteer of the Year for her tireless work with the

Carrollton Flexettes Gymnastics Team. Ms. Stacey Kyne: GRPA 2017 Outstanding Program Award for her efforts in the

Carrollton Parks and Recreation Gymnastics Class Programs. Mrs. Dottee Morton: GRPA 2017 Outstanding Special Event Programmers Award for

her work in the Carrollton Parks and Recreation Special Programs. Carrollton Parks and Recreation Department: GRPA 2017 Agency of the Year.

These awards are voted on annually by GRPA professionals throughout the State of Georgia. The GRPA has a membership in excess of 1600 and is made up of public agencies, private businesses, educational institutions, clinical settings and citizen advocates whose primary responsibility is to provide recreation opportunities.

The City is extremely proud of these individuals and the Carrollton Parks and Recreation Department and their employees for their hard work, love and commitment to providing quality parks, recreation and leisure opportunities and programs to the City of Carrollton and the surrounding community.

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CITY OF CARROLLTON PLANNING COMMISSION

Date: December 4, 2017 Rezoning Request

Location: 170 Highway 113 Acres: 9.93 Applicant: CRN Development, LLC on behalf of property owner Carstin Developers LLC Request: Rezone from C-2 (General Commercial) to C-3 (Neighborhood Commercial) with the

SHFZ (Senior Housing Floating Zone) Ward: Ward 2 – Councilmember Rory Wojcik

PLANNING COMMISSION MOTION AND RECOMMENDATION:

The Planning Commission voted to recommend APPROVAL of the rezoning request by applicant CRN Development LLC on behalf of property owner Carstin Developers LLC at 170 Highway 113 to rezone from C-2 (General Commercial) to C-3 (Neighborhood Commercial) with the SHFZ (Senior Housing Floating Zone) to construct 102 apartment units for active adults 55+ with the following conditions:

1. Sidewalks may be constructed as shown on the binding site plan.2. The site plan and architectural elevations are binding to the approval of the zoning.3. An increase in the allowable density from 10 units per acre to 10.3 units per acre.4. The cemetery located at the southwestern boundary is to be preserved and protected.5. Flexibility is given to the number of parking spots needed with the results of a parking assessment.6. The trees that are along the south property line adjacent to 160 Highway 113 are to remain.7. The facade of the back of the building facing Highway 113 shall contain features to appear as a

building front.8. A buffer consisting of 8 foot to 10 foot evergreens, non leyland cypress, will be planted along the

property lines separating commercial from residential on the southern portion of the property.

PLANNING COMMISSION VOTE ON MOTION

NAME YEA NAY ABSTAIN NAME YEA NAY ABSTAIN Jason Smith, Chair

Present X Casey Vance

Present X

Joe Neal, Vice-Chair Present X

Cara Herzog Present X

Scott Duncan Absent

Sandra Houston Present X

John Jackson Present X

Steve Moore Present X

Bo Bass Present X

Jay Nix Present X

TOTAL VOTES 9 0 0

Speaking in Favor: Thomas Ward, representative of CRN Development LLC

Speaking in Opposition: None

Adjacent Property Owners Diane Albright, Stephen Albright and James Fulford attended the meeting and asked questions of the developer.

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Rezoning Request Northwinds Connector & Wisteria Lane Senior Housing Development

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DATE: November 14, 2017 TO: Planning Commission Members FROM: Erica Studdard, Community Development Director RE: Rezoning Request by CRN Development, LLC

Northwinds Connector & Wisteria Lane _________________________________________________________________________

REQUEST:

The applicant, CRN Development LLC, on behalf of property owner Carstin Developers LLC, is requesting a rezoning of approximately 9.93 acres, located in Land Lot 161, 10th District, Carroll County. Said tract is further described as being located at 170 Hwy 113. The requested zoning is from C-2 (General Commercial) to C-3 (Neighborhood Commercial) with the SHFZ (Senior Housing Floating Zone). The applicant is asking for the rezoning to construct 102 Senior Housing rental units for residents 55 years and older. LOCATION:

The subject property is located at 170 Highway 113 at the intersections of Northwinds Connector and Wisteria Lane. The property is located in Land Lot 161, 10th District, Carroll County. Councilmember Rory Wojcik is the City Councilmember representing this area.

SITE:

The proposed site area is 9.93 acres but the current parcel is 12.71 acres. Upon approval of the rezoning, the parcel will be split and only 9.93 acres of it will be allocated to this project. The area contains one dilapidated building in the northeastern section of the parcel along Highway 113. The picture to the right was taken in 2016, and the lot currently contains thick undergrowth. Located to the northwest of the property is a partially developed duplex subdivision that would share road access with the development from Highway 113 or Highway 27. ZONING: The property is currently zoned C-2 (General Commercial).

CITY OF CARROLLTON PLANNING DEPARTMENT

STAFF ANALYSIS AND REPORT

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COMPREHENSIVE PLAN:

The 2008-2028 City of Carrollton Comprehensive Plan shows this area as Commercial on the Plan's Future Land Use Map, and as Highway Corridor on the Plan's Character Area Map. EXISTING LAND USES:

Land uses in the surrounding area consist of the following:

NORTH: Undeveloped R-20 (Single Family Residential) Lots and Developed R-T (Residential Townhome) Lots – Wisteria Landing Duplexes.

EAST: County R-3 (Single Family Residential ½ Acre Minimum).

SOUTH : C-2 (General Commercial), & R-20 (Single Family Residential 20,000 Square Foot Minimum). WEST: County Commercial.

UNIQUE CHARACTERISTICS: It is the first project to request the Senior Housing Floating Zone. This zone was established by the Mayor and Council to facilitate the construction of senior housing communities. PREVIOUS RELATED ACTIONS:

The parcel from this application was part of a larger parcel approved by the Mayor and Council for annexation with a zoning of C-2 and R-1 (Mixed Use Development) on October 7, 2002. The tract was split and only a portion of the duplex subdivision was built. These duplexes were built on private, substandard streets with inadequate sewer infrastructure. FINDINGS:

Finding 1. The property is currently zoned C-2 (General Commercial).

Finding 2. The applicant is seeking a C-3 (Neighborhood Commercial) zoning with the Senior Housing Floating Zone. C-3 is an allowable zoning for the Senior Housing Floating Zone. Finding 3. The Senior Housing Floating Zone allows for site design specifications and density allocation in conjunction with a specific Senior Housing use. By ordinance, density shall not exceed 10 units. However, after the survey was completed, the proposed density is 10.3 units per acre.

Finding 4. The complex will rent by the unit and will have 102 total units. Twenty-eight (28) will be one bedroom units and 74 will be two bedroom units. Finding 5. The complex will offer amenities for occupants such as a community room, exercise room, and computer room.

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Finding 6. The applicant has requested to waive some of the required sidewalks that are not integral to pedestrian access of the site or the adjacent commercial. See Site Plan for details. ZONING STANDARDS: STANDARD 1. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property? Yes, the development to the north is residential as well as the County designations of single family residential to the east. STANDARD 2. Will the proposed use adversely affect the existing use or usability of adjacent or nearby property? No. STANDARD 3. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan? The 2008-2028 City of Carrollton Comprehensive Plan shows this area as Commercial on the Plan's Future Land Use Map, and as Highway Corridor on the Plan's Character Area Map. STANDARD 4. Are there substantial reasons why the property cannot or should not be used as currently zoned? The property has been vacant and available for development for 15 years and is compatible with adjacent uses. STANDARD 5. Will the proposed use cause an excessive or burdensome use of public utilities or services, including but not limited to streets, schools, water or sewer utilities, and police or fire protection? No. The developers will have the ability to tap into existing water and sewer lines in the vicinity. STANDARD 6. Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties? No. The proposed use is the first to request the Senior Housing Floating Zone.

STANDARD 7. Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property? It does.

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STAFF RECOMMENDATION: Should the request be approved, the following conditions are recommended:

• Sidewalks may be constructed as shown on the binding site plan. • The site plan and architectural elevations are binding to the approval of the zoning. • Increase allowable density from 10 units per acre to 10.3 units per acre.

The recommendations made herein are the opinions of the City of Carrollton Staff and do not constitute a final decision. The Carrollton City Council, in public sessions, makes the final decision on all Rezoning/Annexation/Special Use Applications.

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Comparable Pictures from Housing in Rome Georgia

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11-NORTHWINDS BLVD SENIOR HOUSING.dwg REZONE 10/17/2017 09:23:43 1 : 1

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CITY OF CARROLLTON PLANNING COMMISSION

Date: December 4, 2017 Special Use Permit Request

Location: 426 Burson Avenue Acres: 0.92 Applicant: Pastor Lewis Askew Request: Modular Structure for Religious Use Ward: Ward 1 – Mayor Pro-Tem Gerald Byrd

PLANNING COMMISSION MOTION AND RECOMMENDATION:

The Planning Commission voted to recommend APPROVAL of the special use permit request by applicant and property owner Pastor Lewis Askew at 426 Burson Avenue to allow for a modular structure to be placed at the rear of the property for religious use with the following conditions:

1. The modular structure must be built to current building codes and inspected by a registeredprofessional engineer in the factory where it was built. The applicant must provide a certificationfrom a manufacturer stamped by a professional engineer licensed in the State of Georgia. (UnifiedDevelopment Ordinance 2.04.20 M).

2. A stormwater management review is to be conducted to ensure that the modular structure does notcontribute to run off that collects in a ditch straddling the northern property line.

PLANNING COMMISSION VOTE ON MOTION

NAME YEA NAY ABSTAIN NAME YEA NAY ABSTAIN Jason Smith, Chair

Present X Casey Vance

Present X

Joe Neal, Vice-Chair Present X

Cara Herzog Present X

Scott Duncan Absent

Sandra Houston Present X

John Jackson Present X

Steve Moore Present X

Bo Bass Present X

Jay Nix Present X

TOTAL VOTES 9 0 0

Speaking in Favor: Pastor Lewis Askew (The Applicant)

Speaking in Opposition: None

Adjacent Property Owner Yvonne Zachery attended the meeting and asked questions in regards to stormwater management.

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Special Use Permit Request 1 426 Burson Avenue Pastor Lewis Askew

DATE: November 14, 2017 TO: Planning Commission Members FROM: Erica Studdard, Community Development Director RE: Special Use Permit Request for Modular Structure by Pastor Lewis Askew

426 Burson Avenue

REQUEST:

The applicant and owner, Pastor Lewis Askew of Straightway Christian Ministries Inc. is requesting a special use permit to allow for a modular structure to be placed at 426 Burson Avenue for religious use. The applicant has applied for the request due to the congregation outgrowing the existing church space.

LOCATION:

The subject property is located at 426 Burson Avenue. The property is located in Land Lot 127, 10th District, Carroll County. Mayor Pro Tem Gerald Byrd is the City Councilmember representing this area.

SITE:

The property lies at the intersection of Foster Street and Burson Avenue. The shape of the parcel, as well as the increased setbacks for double road frontage, leaves little room for alternative placement of the modular structure. See site plan for more details. The site contains a ditch to the north and the eastern portion of the property slopes towards this ditch.

ZONING:

The property is currently zoned R-10 (Single Family Residential – 10,000 square foot minimum).

COMPREHENSIVE PLAN:

The 2008-2028 City of Carrollton Comprehensive Plan shows this area as Park / Recreation / Conservation on the Plan's Future Land Use Map, and as West Residential on the Plan's Character Area Map.

CITY OF CARROLLTON COMMUNITY DEVELOPMENT DEPARTMENT

STAFF ANALYSIS AND REPORT

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EXISTING LAND USES: Land uses in the surrounding area consist of the following: NORTH: R-10 (Single Family Residential – 10,000 square foot minimum). SOUTH : R-10 (Single Family Residential – 10,000 square foot minimum), R-M

(Residential Multifamily) & C-2 (General Commercial). WEST: R-10 (Single Family Residential – 10,000 square foot minimum), R-M

(Residential Multifamily). EAST: R-10 (Single Family Residential – 10,000 square foot minimum).

UNIQUE CHARACTERISTICS: The property has road frontage on two streets. PREVIOUS RELATED ACTIONS: None. FINDINGS:

Finding 1. The 0.92-acre tract is currently zoned R-10 (Single Family Residential).

Finding 2. The applicant is seeking a Special Use Permit to allow for the placement of a modular structure on the property.

Finding 3. R-10 is an allowable zoning for a religious use, subject to supplemental standards set forth in the Unified Development Ordinance. Finding 4. Should this site plan be approved, the applicant will be applying for an administrative variance reduction of 4 feet for the rear setback and an administrative variance reduction of 2.5 feet for the southern side setback. Finding 5. Should this site plan be approved, the modular structure will be subject to Fire Marshal inspection.

ZONING STANDARDS:

STANDARD 1. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

Yes, the use will not be changing. STANDARD 2. Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?

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No. The proposed use is still compatible with the current zoning. STANDARD 3. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan? The 2008-2028 City of Carrollton Comprehensive Plan shows this area as Park / Recreation / Conservation on the Plan's Future Land Use Map, and as West Residential on the Plan's Character Area Map.

STANDARD 4. Are there substantial reasons why the property cannot or should not be used as currently zoned?

The zoning nor the use is changing in this instance. STANDARD 5. Will the proposed use cause an excessive or burdensome use of public utilities or services, including but not limited to streets, schools, water or sewer utilities, and police or fire protection?

No. The modular structure would have the availability to tie into city water and sewer though. STANDARD 6. Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties?

No.

STANDARD 7. Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property? Yes. STAFF RECOMMENDATION: Should the proposed special use permit be approved, the following condition is recommended:

• Any modular structure shall be built to current building codes and inspected by a registered professional engineer in the factory where it was built. The applicant shall provide a certification from the manufacturer stamped by a professional engineer licensed in the State of Georgia.

(This information has not been provided and is required, per the ordinance.)

The recommendations made herein are the opinions of the City of Carrollton Staff and do not constitute a final decision. The Carrollton City Council makes the final decision on all Rezoning/Annexation/Special Use

Applications at their regularly scheduled meeting.

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e ... ,..,, '4.i'o .. · ..,�.�! SPECIAL USE PERMIT APPLICATION Carroll��

n·rflf,c.ilool 1on-g 1991 Modular Structures for Religious Uses

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1. What company will the modular structure come from? h«:>.\<�. \ij \\eat-\\-i�.1

2. What are the dimensions of the modular structure: Length �'b Width t:ztJ Height

3. What materials were used to construct the modular structure?

4. What is the year and model of the modular structure?

5. What type of underpinning (skirting) and foundation will be used? �(la-I<. (E(}:.1,,,lf)1

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A Conceptual Development Plan shall be submitted with the Special Use Permit Application.

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This plan shall include a general site plan illustrating the following:

1. Identification and Type of Required Buffer and or Fencing;2. Setbacks;3. Density;4. Building Orientation;5. Identification of Ingress & Egress;6. Landscaping & Streetscape;7. Parking;8. Any other requirements as deemed necessary by City Staff

3 Certification from manufacturer stamped by a professional engineer licensed in the State of Georgia

78'----- ----

42'

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10-27-17-EXHIBIT-15029.dwg EX_10-27-17 10/27/2017 14:41:30 1 : 1

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5-426 BURSON AVE_sp-use.dwg SP-USE 10/19/2017 14:31:58 1 : 1

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MEMORANDUM

TO: Mayor and City Council

FROM: Erica Studdard, Community Development Director

RE: Public Hearing and Consideration of Resolution 13-2017: Business Occupation Tax Ordinance Amendment

DATE: November 27, 2017

Please find attached Resolution 13-2017 amending the City of Carrollton Code of Ordinances in reference to the Business Occupation Taxes and Regulatory Fees and the cap on annual occupational tax increases.

As you are aware, this cap on the annual increase has often led to dramatic differences between what some businesses are paying in occupational taxes, even when those businesses are engaged in the exact type of business. In an effort to treat like businesses similarly, staff recommends removing the cap on annual increases.

The required public hearing for this amendment will be held concurrently with your regular Council Meeting. As you may have noticed, your agenda reflects this hearing. Please let me know if you have any questions regarding this ordinance revision prior to the meeting.

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RESOLUTION 13-2017

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF CARROLLTON, STATE OF GEORGIA, TO AMEND CHAPTER 22 (“BUSINESSES”),

ARTICLE II (“BUSINESS OCCUPATION TAXES AND REGULATORY FEES”), SECTION 22-28 (“TAX LEVIED, RESTRICTIONS”) OF THE CODE OF

ORDINANCES, CITY OF CARROLLTON, GEORGIA RELATING TO THE CAP ON ANNUAL INCREASES IN OCCUPATIONAL TAXES

WHEREAS, in September, 1994, the Mayor and City Council adopted an ordinance, which generally provides that each person engaged in any business, trade, profession or occupation within the City of Carrollton shall pay an occupation tax for such business, trade, profession or occupation (hereinafter the “Occupational Tax Ordinance”); and

WHEREAS, the Occupational Tax Ordinance is now codified as Chapter 22 (“Businesses”), Article II (“Business Occupation Taxes and Regulatory Fees”) of the Code of Ordinances, City of Carrollton, Georgia; and

WHEREAS, in December, 1994, the Mayor and City Council amended the Occupational Tax Ordinance to include a cap on annual increases in the amount of the occupational tax; and

WHEREAS, as reflected in the minutes from the December, 1994 meeting, the annual increase was limited to “the previous year’s license fee plus the accumulated increase of the Consumer Price Index from January 1, 1978 to the beginning of the year for which the occupational tax is due times the preceding years license fee;” and

WHEREAS, as codified in Section 22-28 (“Tax levied, restrictions”) of the Code of Ordinances, City of Carrollton, Georgia, however, the annual increase is limited to “the actual and final occupation tax charged to the business for the previous year multiplied by the percentage increase in the Consumer Price Index for the previous year;” and

WHEREAS, as codified, this limitation on the annual increase has, in some cases, led to dramatic differences between what some businesses are paying in occupational taxes, even when those businesses are engaged in the exact same type of business; and

WHEREAS, having examined the issue carefully, City staff recommends simply eliminating the cap on annual increases in the amount of the occupational tax; and

WHEREAS, the Mayor and City Council find it in the public interest to eliminate the cap on annual increases in the amount of the occupational tax.

NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of Carrollton, Georgia do hereby amend Chapter 22 (“Businesses”), Article II (“Business Occupation Taxes and Regulatory Fees”), Section 22-28 (“Tax Levied, Restrictions”) of the

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Code of Ordinances, City of Carrollton, Georgia to eliminate the cap on annual increases in the amount of the occupational tax, as follows:

Sec. 22-28. Tax levied, restrictions.

. . .

(c) Payment; exemptions.

(1) No business or practitioner shall be required to pay more than one occupation tax for each of its locations.

. . .

ADOPTED this 4th day of December, 2017.

MAYOR AND CITY COUNCIL OF CARROLLTON

Mayor, City of Carrollton Clerk, City of Carrollton

Deleted: , nor shall that tax exceed the actual and final occupation tax charged to the business for the previous tax year multiplied by the percentage increase in the Consumer Price Index for the previous year. Where a business subject to the occupation tax for the calendar year has been conducted for only a part of the preceding year the next year's tax shall be based on the estimated gross receipts put on an annual basis with the part-year receipts bearing the same ratio to the whole-year gross receipts as the part year bears to the whole year. For subsequent years the previous year's occupation tax shall be the most recent actual and final amount of tax levied in accordance with a final return made after the end of the year in accordance with the applicable provisions set forth in this article

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MEMORANDUM



RE: Resolution 14-2017: Recreational Trail Program Grant Application


Please find attached a Resolution of support for the City of Carrollton’s Recreational Trails Grant application to the Georgia Department of Natural Resources. The City is applying for funding assistance for a trail spur for the Carrollton GreenBelt from the trail near Tanner Medical Center into Downtown Carrollton.

The application deadline is January 2, 2018. Funding for this grant cycle is limited to $200,000 and will require a $50,000 match from the City, should the project be awarded the maximum grant amount.

The City is currently utilizing Recreational Trail Grant funds for the Alabama Street trailhead. If this grant is awarded to the City, it will be the third RTP grant the City has received.

Please let me know if you have any additional questions prior to your meeting regarding this application.

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RESOLUTION 14-2017

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF CARROLLTON, STATE OF GEORGIA, APPROVING THE SUBMISSION OF A

RECREATION TRAILS PROGRAM GRANT APPLICATION TO THE GEORGIA DEPARTMENT OF NATURAL RESOURCES

WHEREAS, at regular meeting of the Mayor and City Council in Carrollton, Georgia, held on the 4th day of December, 2017, a motion was made and duly seconded that the City of Carrollton shall submit an application for funding from the Georgia Department of Natural Resources’ Recreational Trails Program in order to construct a spur for the Carrollton GreenBelt from the existing trail near Tanner Medical Center into Downtown Carrollton, and

WHEREAS, the City of Carrollton further states that in the event the City of Carrollton’s application is recommended for funding by the Department of Natural Resources, the City of Carrollton) certifies and assures that it has the ability and intention to finance 100 percent of the total project cost and be reimbursed for 80 percent of eligible costs by the Department of Natural Resources,

NOW, THEREFORE, BE IT RESOLVED by the City of Carrollton in Carroll County, Georgia, that it shall submit an application for funding from the Georgia Department of Natural Resources’ Recreational Trails Program, and that it shall, in the event that the application is recommended for funding, take action to assure that it will finance 100 percent of the total project cost and be reimbursed for 80 percent of eligible costs by the Department of Natural Resources.

Read and unanimously adopted in the regular meeting of the Mayor and City Council held on the 4th day of December, 2017.

ATTEST

________________________________ City of Carrollton

Clerk of City of Carrollton __________________________ Carroll County, Georgia

BY:

(Seal)

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Certification

I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Council on the date so stated in the Resolution.

I further certify that I am the Clerk of the Council and that said resolution has been entered in the official records of said Council and remains in full force and effect the _________ day of _____________, 2017.

Clerk Signature

Federal Employer Identification#____________________________

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MEMORANDUM To: Mayor and Council From: Timothy C. Grizzard. P.E., City Manager Date: November 27, 2017 Subject: Vehicle Bid: Water Filter Plant (1) The Water Filter Plant budgeted for the 2017-2018 fiscal year for the replacement of one (1) 4x4 ½ ton pickup truck. City staff obtained four (4) bids for the replacement, as follows: VENDOR DESCRIPTION PRICE QUOTED Allan Vigil – Ford (State Contract) ½ Ton 4 Wheel Drive Pickup $26,836.00 Walker GMC ½ Ton 4 Wheel Drive Pickup $27,617.00 Scott Evans Dodge ½ Ton 4 Wheel Drive Pickup $27,570.00 Scott Evans Dodge ½ Ton 4 Wheel Drive Pickup SSV $28,495.00 Pugmire Ford ½ Ton 4 Wheel Drive Pickup No Bid

City staff recommends purchasing the replacement vehicle from either the State Contract holder, Allan Vigil, or, if you prefer that we try a different brand, from Walker GMC. The City has not purchased a GMC in many years. There is merit to trying different brands to determine which gives best service.

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MEMORANDUM To: Mayor and Council From: Timothy C. Grizzard. P.E., City Manager Date: November 27, 2017 Subject: Vehicle Bid: Facilities Maintenance Department (1) The Facilities Maintenance Department budgeted for the 2017-2018 fiscal year for the replacement of one (1) ¾ ton service truck. City staff obtained two (2) bids for the replacement, as follows: VENDOR DESCRIPTION PRICE QUOTED Allan Vigil – Ford (State Contract) ¾ Ton 4 Wheel Drive Service Bed $34,373.00

Walker GMC ¾ Ton 4 Wheel Drive Service Bed No Bid

Scott Evans Dodge ¾ Ton 4 Wheel Drive Service Bed $35,754.00

Pugmire Ford ¾ Ton 4 Wheel Drive Service Bed No Bid

City staff recommends purchasing the replacement vehicle from either the State Contract holder, Allan Vigil or, should you desire to use a different brand, Walker GMC. The City has not purchased a GMC truck in many years. There is merit to trying the different brands to determine which give the best service.

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MEMORANDUM

To: Mayor and Council From: Timothy C. Grizzard. P.E., City Manager Date: November 27, 2017 Subject: 2018 Scheduled I Rescheduled Mayor and Council Meeting Dates The regular meeting dates for the Mayor and Council Meetings are the first Monday of each month. There are three (3) meetings that will conflict with holidays and school breaks. Recommended changes to the scheduled meeting dates are as follows: (These would be advertised as Special Called Meetings.)

Monday, January 1, 2018 - change to Monday, January 8, 2018 due to the New Year’s Day Holiday.

Monday, April 2, 2018 - change to Monday, April 9, 2018 due to School

Spring Break. (This includes Carrollton City Schools, Carroll County Schools and Heard County Schools.)

Monday, July 2, 2018 - change to Monday, July 9, 2018 due to the 4th of July

Holiday. (Although the 4th does not fall on the scheduled meeting date, it is a week often taken for vacation.)

Monday, September 3, 2018 - change to Monday, September 10, 2018 due to the

Labor Day Holiday.

It is the recommendation of City Management that these meetings be rescheduled as outlined above.

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MEMORANDUM



RE: Commission Appointment: Planning Commission (3)


There are three (3) Planning Commissioners whose terms expire at the end of this year.

Bo Bass was appointed in April 2017 to fill an unexpired term. Scott Duncan was appointed in April 2011 to fill an unexpired term and has since

completed two full terms. Cara Herzog was appointed in April 2012 to fill an unexpired term and has since

completed one full term.

All three commissioners have been valuable on the Planning Commission, and staff recommends re-appointing each of them to a new three-year term.

Please let me know if you would like for me to reach out to any additional community members you may have in mind for the Planning Commission prior to the meeting.

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MEMORANDUM



RE: Board Appointments: Main Street Board of Directors (3)


There are three (3) Directors whose terms expire on December 31st on the Carrollton Main Street Board of Directors. Brett Baxley, Dorothy Pittman, and Pam Almon all have terms expiring. The Main Street Board of Directors recommends the following individuals to replace these outgoing board members:

Adam DeCuir – owner of Adam and Sons, a home décor retail store located on Adamson Square;

James Schiller – owner of a Schiller Productions, a video media and marketing firm; and

Lauren Yates – realtor with Metro West Realty.

All three of these candidates have agreed to serve and would be assets to the Board of Directors. You will vote on these appointments at the December 4, 2017 Mayor and Council Meeting.

Please let me know if you have any questions leading up to the meeting.

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MEMORANDUM



RE: Appointment: Carrollton Corridor Development & Beautification Committee (4)


When the Carrollton Corridor Development and Beautification Committee was established in 2016, committee member’s terms were staggered into one (1), two (2), and three (3) year terms. There are four (4) committee members whose terms expired in October, and they are as follows:

David Godwin – City School Board Member and Senior Vice President at BankSouth Mortgage;

Christina Davis – Senior Project Manager at Columbia Residential, a regional mixed use and multifamily development company;

Sandra Houston – City of Carrollton Planning Commissioner, Associate Broker at Berkshire Hathaway HomeServices Georgia; and

Luke Wojcik – Civil Engineer with Georgia and West, Inc.

All four of these members have agreed to continue to serve and are assets to the committee. At this time, staff recommends you approve these re-appointments at the December 4, 2017 Mayor and Council Meeting.

Please let me know if you have any questions leading up to the meeting or if you would like for me to reach out to any other potential candidates.

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December 4, 2017 6:00 p.m. - Carrollton...Aug 12, 2017 · 11 06 2017 MAYOR AND COUNCIL MEETING...

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