City of Alpharetta
Office of City Clerk
678-297-6003
www.alpharetta.ga.us
Prepared by: James Drinkard
Published: May 30, 2013
City Council Meeting of May 28, 2013
This summary is provided as a convenience and service to the public, media and staff. It is
not the intent to record proceedings verbatim. Any reproduction of this summary must include
this notice. Public comments are noted as heard by Council, but not quoted or paraphrased.
This document includes limited presentation by Council and invited speakers in summary
form. This is not an official record of the Alpharetta City Council Meeting proceedings.
Official Minutes are recorded and available for review.
COUNCIL PUBLIC HEARING AND MEETING SUMMARY
I.
CALL TO ORDER

II.
Mayor David Belle Isle called the meeting to order at 7:30 PM
ROLL CALL

All members of City Council were present
III.
PLEDGE TO THE FLAG
IV.
ANNOUNCEMENTS
V.

Consideration of amendments to the Alcohol Ordinance has been removed from the
agenda and will not be discussed tonight. The item will be added to the agenda for
June 3.

Item CU-13-04: Alpha Day Spa and item CU13-03: Hanna Day Spa have been
deferred and removed from the agenda. These items will be placed on the June
public hearing agenda.

Discussion of the Jail Door Control System will be moved up on the agenda so as to
be considered immediately prior to the public hearing items on the agenda
CONSENT AGENDA
A. Meeting Minutes
1. Council Meeting Minutes
(Meeting of 05/20/2013)
B. Alcohol License Applications
2. PH-13-AB-13
Racetrac Petroleum, Inc.
d/b/a Racetrac #648
2645 Old Milton Parkway
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 2 of 13
Alpharetta, Ga. 30009
Reg. Agent: Alison K.B. Moran
 Council Member Gilvin offered a motion to approve the Consent Agenda
o
The motion received a second from Council Member Mitchell
 The motion passed by unanimous vote (7-0-0)
VI.
CITY CENTER WORKSHOP
A. Update on City Center Project


VII.
Bob Regus came forward to provide a brief update on the City Center Project

Demolition of all structures has been completed, and crews are now
removing the asphalt and foundations

There will be three business items introduced for consideration at the June 3
Council Meeting that will extend the contracts with the engineer, architect,
and contractor to address the next steps in the development process

The project remains on schedule
Public comment was invited
PUBLIC HEARING
A. Community Development
1. Z-13-04/CLUP-13-04 Webb Bridge Subdivision

Kathi Cook, Deputy Director of Community Development, came forward to
introduce the application and staff’s analysis

Overview

Property Description
o
The subject property is located on the north side of Webb Bridge
Road between two AG parcels with Clipper Bay Subdivision to the
north within Windward

o

The property encompasses approximately 6.7 acres
Applicant’s request
o

Clipper Bay to the north is zoned CUP and has minimum lot sizes
of 14,000 square feet although most adjacent to this property are
over 18,000 square feet in size
The applicant is requesting to rezone the property from AG to R-15 in
order to subdivide the property into 12 lots and a change to the
Comprehensive Land Use Plan from “Very Low Density Residential”
to “Low Density Residential”
Project Description
o
The applicant proposes to develop a 12 lot subdivision on 6.7 acres
with a minimum lot size depicted of 15,000 square feet
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 3 of 13


o
The proposed density is 1.8 units per acre with all of the lots 15,000
square feet and over in size
o
Lots adjacent to Front setbacks are shown as 30’; 10’ side setbacks
and 30’ rear setbacks
o
The proposed subdivision will be accessed from one curb cut off
Webb Bridge Road and depicts future connections to the adjacent AG
properties shown
o
Detention is shown at the northwest corner and fronting Webb Bridge
Road. If approved, heavy landscape screening will be required around
the ponds
Planning Commission Recommendation
o
This item was heard at the May 2, 2013 Planning Commission meeting
o
The Planning Commission voted to recommend denial of the request for
R-15 zoning
Staff Recommendation
o
City Staff has reviewed the applicant’s proposal and has concerns with
the request
o
Amendments to the CLUP are based on several circumstances and Staff
did not find a valid argument to recommend a change to the
Comprehensive Land Use Plan
o
It is Staff’s recommendation that the zoning for the property be R-22
allowing for a minimum of 22,000 square foot lots which is the category
most similar to surrounding development
o
If approval of the request is considered, staff recommends the following
conditions
1) The property to be rezoned shall have an “R-15” zoning classification
and a “Low Density Residential” land use. The minimum lot size with
homes shall be 22,000 square feet adjacent to property to the north.
2) Internal streets shall conform to City Standard Drawings. Planting strip
shall be a minimum of 4 feet.
3) A heavily planted 20’ landscape strip shall be provided fronting Webb
Bridge Road, plan to be approved by Staff.
4) Frontage along Webb Bridge Road shall be improved to include curb,
gutter, planting strip and sidewalk.
5) Sidewalk shall be connected to existing sidewalk at Shirley Bridge
Road in exchange for impact fee credits.
6) Stub roads shall be posted “Future Roadway Connection” with
notation on final plat.

Scott Reese of Brumbelow, Reese, and Associates came forward on behalf
of the applicant to discuss their proposal and request
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 4 of 13
o
The subject property is a portion of a former 160 farm site that was
subdivided and deeded by estate among the surviving siblings
o
The property was annexed into the City of Alpharetta
o
It is the applicant’s position that the development as proposed meets the
future land use plan



Staff maintains that the proposed development meets the future land
use plan in terms of density but does not meet the minimum lot size
o
The applicant indicates that the proposed lots are the same size and
scope as those of the adjacent existing neighborhood
o
The applicant is agreeing to donate right-of-way for an additional road
connection to support future development on adjoining properties if
needed
City Council posed questions that were responded to by staff
o
Eric Graves offered an overview of stormwater and drainage
considerations on the site and how stormwater from the site would be
handled under ordinance
 Ordinance requires that the stormwater situation must be improved or
be unchanged from current conditions
o
Mr. Graves addressed site line issues related to the proposed access
road for the development
Public comment was invited
o
Dan Carson, 175 Clipper Bay Drive (Opponent)
o
Maria Harris, 155 Clipper Bay Drive (Opponent)
o
Jose Anez, 180 Clipper Bay Drive (Opponent)
o
Tom Miller, 4025 Walnut Creek Trail (Opponent)
o
Ron Carter, 1005 Landings Court (Speaking on behalf of WCSA Opponent)
o
Bruce Morton, 170 Clipper Bay Drive (Opponent)
o
Ed Tessaro, 3800 Schooner Ridge (Opponent)
 Council Member Kennedy offered a motion to table Z-13-04/CLUP-13-04
Webb Bridge Subdivision until the June 3 City Council meeting
o
The motion received a second from Council Member
 The motion passed by a vote of 6-1-0 (Belle Isle in opposition)
2. Z-13-08/CLUP-13-07/V-13-05 Vaughan Drive Townhomes

Richard McLeod, Director of Community Development, came forward to
introduce the application and staff’s analysis

Overview

Property Description
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 5 of 13

o
The subject property is located on the northeast side of Vaughn Drive
east of the new senior living facility
o
The property encompasses 4.46 acres and is currently zoned C2
o
Cottonwood Estates, a retirement community is located to the west of
the site, a residential subdivision within Milton is located to the north
of the site and C2 property is located to the south and east
o
There is an office tenant within the converted frame house to the
south of the site
Applicant’s request
o
The applicant is requesting to rezone the property from C2 to CUP in
order to develop 40 townhome units

o
A change to the Comprehensive Land Use Plan from “Professional
Office” to “High Density Residential” is also requested

o

High Density Residential is required for densities over 4 units to
the acre and the applicants request is for 8.97 units per acre
A variance to the 100 acre minimum requirement for CUP zoning is
requested and a variance to permit a 20’planted landscape buffer
instead of the required 50’ buffer adjacent to commercial property to
the south and east
Project Description
o
The proposed subdivision will be accessed from one curb cut off
Vaughn Drive and will be shared with adjacent office
o
The application states that the homes will be a minimum of 2,000
square feet in size and they will all have a two car garage
o
There will be a mandatory homeowners association and the
common areas will be maintained by the HOA
o
Buffers
o

The applicant’s proposed density is 8.97 units per acre which
exceeds the limit of R-8A which permits up to 8 units per acre;
therefore, the CUP zoning is requested

A 20’ landscape buffer is provided adjacent to the assisted living
facility and commercially zoned property

The plan provides a 40’ building and landscape buffer adjacent to
the existing residential subdivision located within the City of Milton

All buffers will be required to be replanted and enhanced where
sparse
The property currently is developed with infrastructure intended for a
planned office development
Planning Commission Recommendation
o
This item was heard at the May 2, 2013 Planning Commission meeting
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 6 of 13

o
The Planning Commission voted to recommend denial of the request
because of the change to the Comprehensive Land Use Plan
o
There were two adjacent property owners present who spoke regarding
concerns that if the property were changed to a residential use than their
own C2 property would be subject to a 50’ undisturbed buffer requirement
o
A representative from the office condo association was present that
spoke in favor of the townhome request
Staff Recommendation
o
Staff had recommended approval of the application, subject to several
conditions
1) The property to be rezoned shall have an “R-8A” zoning classification)
and a “High Density Residential” land use, allowing a maximum of 37
units on the site
2) There will be a 40-foot building setback adjacent to Southfield
Subdivision which shall be heavily planted (as per buffer standards)
where sparse
3) Privacy fence visible from Vaughn Drive shall be prohibited.
4) Tree save areas shall be substantially as shown on the submitted plan
dated March 15, 2013.
5) Driveway depth shall be a minimum of 18 feet from back of sidewalk
or back of curb for the side of the road with no sidewalk to structure.
6) Homes shall be a minimum of 2,000 square feet and contain a
minimum of 30% brick or stone. Elevations shall require Staff review
and approval.
7) Guest parking shall be provided as shown on the submitted plan.
8) No more than 10% of the homes may be rented at any time, which
restriction will be included in the HOA covenants
9) There will be a 20-foot building setback along the southern line of the
property abutting the properties currently zoned C-2. Trees within the
20-foot setback will remain to the greatest extent possible, and the
area will be heavily planted for its entire length where sparse
10) The document creating the homeowners’ association for the property
will contain an acknowledgement that the commercial tracts (currently
zoned C-2) abutting the south line of the property along Vaughn Drive
and Highway 9 will not be required to have a 50-foot buffer abutting
applicant’s property, as would otherwise be required by the Alpharetta
Zoning Ordinance, applicant having waived this requirement.
Applicant shall place a covenant on the deed to all dwelling units sold
indicating the waiver of setback requirements on the aforesaid
adjoining commercial properties. The deed covenant shall be as
follows:
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 7 of 13

Grantee, by acceptance of this Warranty Deed, hereby
acknowledges that the property abutting this residential
development is zoned commercial use in the City of Alpharetta,
Georgia, that the adjoining property may be developed for nonresidential uses. Grantee acknowledges that there is commercial
property, and waives the requirement of any additional buffer on
the commercially zoned property. This covenant shall run with the
land for a period of twenty (20) years and shall be binding upon
the Grantee, its heirs, successors, and assigns. This covenant
shall be included in the Warranty Deed to the property conveyed
herein.
o
City Staff has reviewed the applicant’s proposal is of the opinion that the
submitted plan would provide a transitional use between commercial uses
along Main Street and Vaughn to the single family detached residential to
the north and along Hopewell Road
o
The location close to Main Street would provide a walkable area needed
for a successful townhome project
o
The location is also walkable to the downtown area which limits roadway
trips and impacts to infrastructure
o
The density should be limited to 8 units per acre in order to fit within the
City’s R-8A zoning designation

Carl Westmorland came forward on behalf of the applicant to discuss their
proposal and request

Woody Galloway, attorney for the bank that has taken possession of the
property, came forward to address the viability of the property as currently
zoned

Tad Braswell of Eastlake Partners came forward to speak to technical
aspects of the project and how economic conditions in the area have
changed since the subject property was last zoned

Public comment was invited
o
Louis Levenson, 125 Broad Street, Atlanta, GA 30303 (Opponent)
o
Richard Debban, 231 Vaughn Drive (Opponent)
 Council Member Kennedy offered a motion to deny Z-13-08/CLUP-1307/V-13-05 Vaughan Drive Townhomes without prejudice
o
The motion received a second from Council Member Gilvin
 Council Member Owens offered a substitute motion to approve Z-1308/CLUP-13-07/V-13-05 Vaughan Drive Townhomes with staff conditions
amended as follows
1) The property to be rezoned shall have an “R-8A” zoning
classification) and a “High Density Residential” land use, allowing a
maximum of 37 units on the site
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 8 of 13
2) There will be a 40-foot building setback adjacent to Southfield
Subdivision which shall be heavily planted (as per buffer standards)
where sparse
3) Privacy fence visible from Vaughn Drive shall be prohibited.
4) Tree save areas shall be substantially as shown on the submitted
plan dated March 15, 2013.
5) Driveway depth shall be a minimum of 18 feet from back of sidewalk
or back of curb for the side of the road with no sidewalk to structure.
6) Homes shall be a minimum of 2,000 square feet and contain a
minimum of 30% brick or stone. Elevations shall require Staff review
and approval.
7) Guest parking shall be provided as shown on the submitted plan.
8) No more than 10% of the homes may be rented at any time, which
restriction will be included in the HOA covenants; provided,
however, that the declarant may allow this amount to be exceeded
by an owner who previously has been an occupant upon showing a
financial hardship to the homeowners’ association
9) There will be a 20-foot building setback along the southern line of
the property abutting the properties currently zoned C-2. Trees
within the 20-foot setback will remain to the greatest extent
possible, and the area will be heavily planted for its entire length
where sparse
10) The document creating the homeowners’ association for the
property will contain an acknowledgement that the commercial
tracts (currently zoned C-2) abutting the south line of the property
along Vaughn Drive and Highway 9 will not be required to have a 50foot buffer abutting applicant’s property, as would otherwise be
required by the Alpharetta Zoning Ordinance, applicant having
waived this requirement. Applicant shall place a covenant on the
deed to all dwelling units sold indicating the waiver of setback
requirements on the aforesaid adjoining commercial properties. The
deed covenant shall be as follows:
Grantee, by acceptance of this Warranty Deed, hereby
acknowledges that the property abutting this residential
development is zoned commercial use in the City of Alpharetta,
Georgia, that the adjoining property may be developed for nonresidential uses. Grantee acknowledges that there is commercial
property, and waives the requirement of any additional buffer on
the commercially zoned property. This covenant shall run with
the land for a period of twenty (20) years and shall be binding
upon the Grantee, its heirs, successors, and assigns. This
covenant shall be included in the Warranty Deed to the property
conveyed herein.
o
The substitute motion received a second from Council Member
Mitchell
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 9 of 13
o
Mayor Belle Isle offered a friendly amendment to add condition #11
to read, “Elevations and design shall be consistent with Chapter 6 of
the Downtown Incentive Zoning Package and shall be reviewed by
the Design Review Board”

o
The friendly amendment was accepted by Council Members
Owens and Mitchell
Mayor Belle Isle offered a friendly amendment to amend condition
#6 so as to read, “Homes shall be a minimum of 2,300 square feet
and contain a minimum of 30% brick or stone. Elevations shall
require Staff review and approval.”

The friendly amendment was accepted by Council Members
Owens and Mitchell
 The substitute motion as amended failed by a vote of 3-4-0 (Aiken,
Cross, Gilvin, and Kennedy in opposition)
 The original motion to deny without prejudice passed by a vote of 6-1-0
(Mitchell in opposition)
3. CU-13-02 Hertz

Kathi Cook, Deputy Director of Community Development, came forward to
introduce the application and staff’s analysis

Overview



Property Description
o
The subject location is zone C-2 and is within the Brookside Station
shopping center
o
The suite is 1,400 square feet in size
o
There are currently six other suites in the building which house the
following businesses and one currently vacant suite

Carmine’s Restaurant

Brazilian Point

Crossfit

Cigars Plus
Applicant’s request
o
The applicant is requesting approval of a conditional use permit that
will allow them to operate an automobile leasing agency within the
Brookside Station shopping center located at 4055 – 4075 Old Milton
Parkway
o
The applicant is requesting the conditional use at this location due to
the number of car repair facilities in the area that have suggested a
closer location would be utilized by their customers
Project Description
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 10 of 13
o
The location would provide office space for Hertz
o
The landlord has provided seven exclusive parking spaces for Hertz
and has been given the right to use on a non-exclusive basis in
common with the other tenants any additional available parking
spaces

o

Staff has reviewed parking on site at various times of the day and
found that even during the busy lunch hour anywhere from 12 to
20 parking spaces are available
The application states that the cars will be washed at a local carwash
Planning Commission Recommendation
o
This item was heard at the May 2, 2013 Planning Commission meeting
o
The Planning Commission voted unanimously to recommend approval of
the request subject to staff conditions, amended as follows:
1) No more than 7 passenger vehicles for rent shall be stored in the
parking lot at a given time
2) No leasing of commercial vehicles shall be allowed
3) No advertising on cars, except for license plate
4) No maintenance or washing of vehicles on the property

Staff Recommendation
o
Approve CU-13-02 with the following conditions
1) No more than 7 passenger vehicles for rent shall be stored in the
parking lot at a given time
2) No advertising on cars, except for license plate
3) No maintenance or washing of vehicles on the property


Tommy Johnson, Area Manager for Hertz, came forward on behalf of the
applicant to discuss their proposal and request
o
The applicant is in agreement with the conditions as presented by staff
o
The applicant responded to questions from City Council relative to
parking demand for the business
Public comment was invited
 Council Member Kennedy offered a motion to deny the application
o
The motion received a second from Council Member Aiken
 The motion passed by unanimous vote (7-0-0)
4. CU-13-04 Alpha Day Spa

This item was deferred and removed from the agenda. Consideration of the
item will be placed on the June public hearing agenda.
5. CU-13-03 Hanna Day Spa
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 11 of 13

This item was deferred and removed from the agenda. Consideration of the
item will be placed on the June public hearing agenda
6. PH-13-01 Unified Development Code
(First Reading)

Richard McLeod, Director of Community Development, came forward to
introduce the items

Consideration of amendments to the Unified Development Code in order to
amend Article R-8D “For Sale” Residential Detached Housing Standards, a
Check Cashing Conditional Use Requirement and Parking Requirements for
Technology Centers/Data Processing Centers; and to repeal all ordinances or
parts of ordinances in conflict herewith

Sam Thomas, City Attorney, read the proposed ordinance

Public comment was invited
o
Tom Miller, 4025 Walnut Creek Trail, came forward to offer some related
ideas for consideration
 Council Member Kennedy offered a motion to approve the first reading
of the ordinance as presented
o
The motion received a second from Council Member Owens
 The motion passed by unanimous vote (7-0-0)
7. PH-13-02 Brook Street Right of Way Abandonment

Sam Thomas, City Attorney, introduced the item and read the resolution

Public comment was invited
 Council Member Aiken offered a motion to approve the resolution as
presented
o
The motion received a second from Council Member Cross
 The motion passed by unanimous vote (7-0-0)
8. PH-13-05 Jones Avenue Right of Way Abandonment

Council Member Aiken left the meeting at 10:15 PM

Sam Thomas, City Attorney, introduced the item and read the resolution

Public comment was invited
 Council Member Kennedy offered a motion to approve the resolution as
presented
o
The motion received a second from Council Member Mitchell
 The motion passed by unanimous vote (6-0-0)

VIII.
Council Member Aiken returned to the meeting at 10:17 PM
NEW BUSINESS
A. Administration
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 12 of 13
1. Amendment To City Alcohol Ordinance

This item was removed from the agenda at the request of the City Attorney.
B. Public Safety
1. Jail Door Control System

This item was moved on the agenda so as to be heard immediately prior to
consideration of the public hearing items on the agenda
 Council Member Cross offered a motion to remove the item from the
table
 The motion received a second from Council Member Owens
 The motion to remove from the table passed by unanimous vote (7-0-0)

Gary George, Director of Public Safety, came forward to introduce the item

Request and budget

o
Staff requests the award of a contract for replacing the door control and
intercom systems in the Alpharetta jail to E.O. Integrated Systems Inc. at
a cost of $49,900
o
The cost of the project includes $48,000.00 to replace the door control
and intercom system, and $1,900.00 to tie in the lighting system
o
The project will be funded by Asset Forfeiture Funds
o
Future maintenance costs will be procured on an as needed basis and
will be absorbed in the Department's operating budget
Overview
o
Alpharetta's jail doors are controlled by a computer system that is
approximately twenty years old

o
o
Parts are no longer available for maintenance and it is increasingly
difficult to find companies willing and able to work on the system
On February 21, 2013 the City issued Request for Proposal # 13-110

Five qualified responses were received and evaluated by a panel that
included representatives from Cherokee and Forsyth County jails as
well as Alpharetta Public Safety personnel

After scoring all the proposals the two strongest offerors, Diversified
Integrated Systems and E.O. Integrated Systems, were invited to
present their proposals to Alpharetta in person and discuss related
issues
The review committee concluded that the proposal offered by E.O
Systems best meets the City's needs

The committee concluded at the time of the presentations that only
initial cost would be considered as opposed to any extended
maintenance/service contract costs
Alpharetta City Council
Summary of 05/28/2013 Meeting
Page 13 of 13



The cost of a long-term maintenance contract was viewed as nonbeneficial as the selected vendor will be configuring and installing
commercially available industrial automation software and
hardware

One of the vendors was offering elite service levels over the term
while the other was much more bare bones

This makes comparing the proposals difficult

The backup material presented with this agenda item on May
20 inadvertantly included each firm's 10-year full cost of
purchase, installation, maintenance and support
E.O Integrated Systems initial cost is approximately $10k less the
Diversified
Public comment was invited
 Council Member Aiken offered a motion to award a contract for
replacing the door control and intercom systems in the Alpharetta jail to
E.O. Integrated Systems Inc. at a cost not to exceed $49,900.00
o
The motion received a second from Council Member Cross
 The motion passed by unanimous vote (7-0-0)
IX.
PUBLIC COMMENTS

X.
XI.
None
REPORTS

Council Member Owens advised that the additional City-wide milling and resurfacing
that Council authorized as part of the mid-year budget amendment has been
completed. Due to savings on materials, three additional streets beyond those
planned for were able to be resurfaced.

Council Member Gilvin commented on the need for Alpharetta to do something each
year in observation of Memorial Day
ADJOURNMENT TO EXECUTIVE SESSION
 Council Member Kennedy offered a motion to enter executive session for
purpose of discussing matters of real estate, personnel, and pending litigation.
o
The motion received a second from Council Member Owens
 The motion passed by 6-1-0 vote (Aiken in opposition)
 With no further business to be conducted or items to be heard, Mayor Belle
Isle adjourned the meeting at 10:21 PM