city of flowery branch city council meeting thursday, february … · 2018-02-09 · television,...
TRANSCRIPT
City of Flowery BranchCity Council Meeting
Thursday, February 15, 2018, 6:00 PMCity of Flowery Branch City Hall
5517 Main Street, Flowery Branch GA, 30542
CALL WORK SESSION TO ORDER:
PLEDGE OF ALLEGIANCE:
PUBLIC HEARING: Consider the First Reading of Ordinance 542 - Flowery Branch Movie Ordinance
542 - Film and Movie Ordinance.pdf
Consider the First Reading of Ordinance 543 - Rezoning 0 Radford Road - Bowen Property 17055-500 Site Plan-Site Plan.pdfORDINANCE.pdf
Consider Ordinance 545 - Amendment to the Zoning Code to include Alcohol Definitions andLocations. Alcohol.pdf
UNFINISHED BUSINESS - WORK SESSION:
NEW BUSINESS -WORK SESSION: Consider January 18, 2017 Meeting Minutes
011818.pdf
DEPARTMENT REPORTS: - a. City Manager Reportb. City Clerk Reportc. Finance Director Reportd. Planning Department Reporte. Attorney Reportf. Council Report
ADJOURNMENT WORK SESSION:
VOTING SESSION AGENDA
CALL VOTING SESSION TO ORDER:
PUBLIC COMMENTS: - Please limit to two minutes
CONSENT AGENDA: Consider January 18, 2017 Meeting Minutes
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City Council City Council Page - 2 -
011818.pdf
Consider - Wine License at Lakeside Market
UNFINISHED BUSINESS - VOTING SESSION: Consider the Second Reading of Ordinance 541 - Rezoning of 5464 E. Main Street
Rezoning Plan 01-11-18.pdfHillgrove Homes Project Highlights.docxZoning Ordinance.pdf
NEW BUSINESS - VOTING SESSION: Consider the First Reading of Ordinance 542 - Flowery Branch Movie Ordinance
542 - Film and Movie Ordinance.pdf
Consider the First Reading of Ordinance 543 - Rezoning 0 Radford Road - Bowen Property 17055-500 Site Plan-Site Plan.pdfORDINANCE.pdf
Consider Ordinance 545 - Amendment to the Zoning Code to include Alcohol Definitions andLocations. Alcohol.pdf
EXECUTIVE SESSION:
ADJOURNMENT:
If you have a disability or impairment and need special assistance please contact the City Clerk prior to themeeting at 770-967-6371 - Meeting agenda is subject to change
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider the First Reading of Ordinance 542 - Flowery Branch Movie Ordinance
COUNCIL MEETING DATE: February 15, 2018
HISTORY:The film industry is becoming more prevalent in our area and there will be a request to film in the City sometime in thenear future. we need to have an ordinance to set standards and guidelines and a resolution to adopt fees.
FACTS AND ISSUES:
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve the first reading.
SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 542 - Flowery Branch Movie Ordinance.
COLLABORATING DEPARTMENT:
DEPARTMENT: Planning
Prepared by: Melissa McCain
ATTACHMENTS 542 - Film and Movie Ordinance.pdf
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STATE OF GEORGIA COUNTY OF HALL CITY OF FLOWERY BRANCH Public Hearing Published 01/31/18 First Reading 02/15/18 Public Hearing 02/01/18 Passed 03/01/18
ORDINANCE NO. 542 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FLOWERY BRANCH, GEORGIA, ORDINANCE NO. 525, AS AMENDED, BY ADDING A NEW CHAPTER TO ARTICLE II, CHAPTER 51, ENTITLED, “FILM AND MUSIC PROJECTS” TO ARTICLE II “CODE OF ORDINANCES; FOR THE PURPOSE OF SETTING FORTH THE PROVISIONS FOR OBTAINING A PERMITS FOR FILM OR RECORDING PROJECTS WITHIN THE CITY OF FLOWERY BRANCH TO INCLUDE DEFINITIONS, PERMIT REQUIREMENTS, EXEMPTIONS, PERMIT APPLICATION, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; REPEALING CONFLICTING ORDINANCES; AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the Code of Ordinances of the City of Flowery Branch, Georgia, authorizes updates to said code from time to time by the City Council; and WHEREAS, it is desirable and necessary to provide up to date ordinances and codes; and WHEREAS, it is the responsibility of City Council to ensure the health and welfare of the citizens of Flowery Branch; and WHEREAS, the requirements provided in this new Chapter 51 shall be separate, and in addition to those provisions of the City of Flowery Branch Registration and Occupational Tax set forth in Part II, Chapter 20, Article III of the Code of Ordinances; and WHEREAS, the City Council of Flowery Branch wishes to encourage uniform terms with regard to film and musical productions or projects occurring in whole or in part within the city-limits of Flowery Branch and to promote certainty with regard to the operations of these industries in order to encourage further development within the City with the least negative impact on existing businesses and residents and to provide for a process to ensure consistent supervision and provision of services and potential suspension of public conveniences in connection with such productions or projects; WHEREAS, said ordinance shall set forth the purposes and procedures for permitting requirements, along with exemptions, pre-application and application meetings; investigation of applicant ; submittal of plans for production of locations, duration, and clean up for each location; fees, costs and cash bond; liability provisions for the utilization of Flowery Branch facilities; specific and miscellaneous restrictions imposed for the issuance of a film production permit; approval or denial of permit and administrative policies; revocation of permit; and provision for violations of this ordinance; to provide for an effective date, to repeal conflicting ordinances and resolutions and for all other lawful purposes.
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WHEREAS, to comply with all the ordinances of Flowery Branch, the City Council of Flowery Branch desires to create a new Chapter to the Code of Ordinances, being Chapter 51 of Part II – Code of Ordinances, entitled “Film and Music Projects”; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS AS FOLLOWS: Article II of the Official Code of Ordinances of Flowery Branch, Georgia, is hereby amended to add an additional Chapter 51 entitled “Film and Music Projects”. Said Chapter is shown on the attached Exhibit “A” and is incorporated herein as though set forth verbatim. All Ordinances, or Resolutions, or parts thereof, in conflict with the terms of this Ordinance are hereby repealed, but it is hereby provided that any Ordinance, resolution, or law which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally constructed to be in favor of the City of Flowery Branch, is hereby adopted as part hereof. If any paragraph, sub-paragraph, sentence, clause, phrase, or any portion of this Ordinance shall be declared invalid or unconstitutional by any court or competent jurisdiction or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid. It is hereby declared to be the intent of the City Council of Flowery Branch to provide for separable and divisible parts, and it does hereby adopt any and all parts as may not be held invalid for any reason. Approved this 1st day of March 2018.
___________________________ James “Mike” Miller, Mayor ATTEST:
________________________________ Melissa McCain, City Clerk APPROVED AS TO FORM: ________________________________ E. Ronald Bennett, Jr., City Attorney
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Exhibit “A”
Chapter 51 – FILM AND MUSIC PROJECTS Sec. 51-1. – Purpose and findings. Sec. 51-2. – Definitions. Sec. 51-3. – Permit required. Sec. 51-4. – Exceptions. Sec. 51-5. – Permit application. Sec. 51-6. – Application review and permit conditions. Sec. 51-7. – Fees. Sec. 51-8. - Insurance. Sec. 51-9. – Indemnification and liability. Sec. 51-10.- Permit revocation. Sec. 51-11.- Permit suspension. Sec. 51-12. -Appeals. Sec. 51-13. -Unlawful conduct not sanctioned. Sec. 51-14. -Violation. Sec. 51.1. – Purpose and findings.
(a) This Chapter sets forth rules and regulations to govern and authorize individuals and film companies to conduct filming activities in the City of Flowery Branch without unreasonably impacting the peace and comfort of the residents of the community; to assure that such activities are consistent with considerations of the public health, safety, and general welfare; to ensure the protection of property; and to provide a streamlined process for issuing film production permits. The requirements provided in this Chapter shall be separate and in addition to those provisions of the City of Flowery Branch Business License Code, and/or other codes adopted by reference, regarding business regulation and licensing.
(b) The purpose of this chapter is to regulate filming and recording activity within the
City of Flowery Branch in order to protect the public health, safety, and welfare.
Sec. 51.-2. – Definitions (a) Business License Office shall mean the Flowery Branch Business License Office,
which for purposes of this Chapter shall be considered an agent of the Flowery Branch City Council.
(b) Camera Ready Liaison shall mean the designated staff person of the Lake Lanier Convention and Visitors Bureau, Inc. who serves as the Camera-Ready Liaison for the Georgia Film Office.
(c) Chief shall mean the serving Chief of the City of flowery Branch or his/her designee.
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(d) Fire Marshall shall mean the serving Fire Marshall of Hall County or his/her designee.
(e) Engineering shall mean the designated staff person from the Flowery Branch City
Engineer’s office or engineering firm designated to represent the City of Flowery Branch.
(f) Planning and Community Development shall mean the Flowery Branch staff person
from the City of flowery Branch Planning and Community Development department. (g) Municipalities shall mean duly constituted cities located in whole or part within Hall
County. (h) News Purposes shall mean filming, videoing, or otherwise recording news events for
television, radio, or internet newscasting by reporters, photographers, audio technicians, camera persons in the employ of a newspaper, news service, or similar entity where the event is not preplanned, and the film or tape is originally broadcast within twenty-four (24) hours of the event, not including magazine or documentary programs.
(i) Filming Activity shall mean the staging, shooting, filming, videoing, photographing,
or other similar process conducted for the making of still photographs, motion pictures, television programs, music videos, commercials, and other commercial and non-theatrical productions.
(j) Studio shall mean a fixed place of business where filming activities are regularly
conducted on the premises. (k) Film Permit shall mean the written authorization from the City of Flowery Branch
Business Office to conduct the filming activity outlined in the permit.
Sec. 51.3. – Permit Required
Except as otherwise provided in Sec. 51-4., it shall be unlawful for any person to engage in filming activity as defined in Sec. 51-1 any place in the city-limits of Flowery Branch, other than an established studio as defined in Sec. 51-1 or within an enclosed structure, without a City of Flowery Branch film permit.
Sec. 51.4. – Exceptions The following are not required to obtain a permit:
(a) Noncommercial filming or videotaping activities conducted solely for private or family use;
(b) Film activity conducted for use in a criminal investigation or civil or criminal court
proceeding;
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(c) Film activity conducted for news purposes as defined in Sec. 51.2; (d) Film activity conducted for education, government, and public access and local
origination for public television or public cable or public internet channels within the State of Georgia;
(e) Non-profit 501c tax exempt organizations and other governmental agencies if their
film project is not for commercial use; (f) Any film activity deemed by the City Council of Flowery Branch to be in the public
interest.
Nothing in this chapter shall limit the right of the City to suspend film activity otherwise excepted when deemed necessary for the protection of the public health, safety and general welfare, or when such activity poses an immediate hazard to persons and/or property. Sec. 51.5 – Application Review and Permit Conditions
(a) Before granting a film permit, the Business Office shall review the application and shall consult with all relevant City and County officials as deemed necessary to ensure the health and safety of the citizenry of Flowery Branch.
(b) Conditions deemed necessary by the Business Office to ensure the health, safety, and
general wellbeing of the general public may be placed on any film permit. Conditions may include (but are not limited to) the following: 1. Requirements regarding the presence of government employees, such as police or fire
at the permittee’s expense; 2. Requirements regarding traffic control, such as the placement of traffic control
devices and signs at the permittee’s expense; 3. Requirements regarding clean up and restoration of property used in the film activity
at the permittee’s expense; 4. Restrictions regarding the use of firearms and noise creating and/or hazardous
devices; 5. Restrictions regarding stunts involving the use of pyrotechnics, vehicle crashes, and
other hazardous activities and/or materials; 6. Requirements regarding partial or full nudity in public places; 7. Restrictions regarding the time of the film activity; 8. Requirements regarding the notification to nearby businesses and/or residences.
Sec. 51.6 – Fees The fee for permits issued pursuant to the chapter shall be an application fee of $100.00 and a permitting fee of $100.00 per day or as may be adjusted from time to time considering the duration and scope of any particular project. The applicant shall pay such fee upon delivery of the application to the Business Office. The estimated cost of reimbursement for government personnel and equipment shall be paid at the time of permit issuance. Should the actual cost of
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governmental personnel and equipment exceed the estimated cost, the permit holder may be invoiced for the difference. Sec. 51.7 – Insurance The applicant shall provide the business Office with evidence of insurance for general liability and covering any liability of the permittee, permittee’s lessees, and any State or local government authorities. The insurance policy shall be in an amount not less than one million dollars or such higher amount as determined by the Business Office to be appropriate to protect against foreseeable risks for bodily and personal injury liability and property damage arising from or in connection with the film activity. Sec. 51.8 – Liability and Indemnification The permittee shall hold harmless, indemnify, and defend all State and local governments and their officers, employees, and agents from and against any and all losses, claims, or judgements for damages to any person or property arising from the film activity or issuance of the film permittee. Sec. 51.9 - Permit Revocation The Business Office may revoke the film permit if the permittee, or any agents, employees, volunteers, or contractors of the permittee fail to comply with the permit conditions and requirements, or if it is determined after issuance that the permit application is false or inaccurate in any way. The Business Office shall provide the permittee with the grounds for revocation in writing or via e-mail within a reasonable time of determining the basis for revocation. Sec. 51.10 – Permit Suspension Any permit issued shall be subject to immediate suspension by the Business Office if it is found necessary for the protection of the public health, safety, or general welfare. Sec. 51.11 – Appeals The applicant or permittee may appeal a permit denial, revocation, or suspension. The appeal shall be filed with the Business Office and shall be no later than five business days prior to the next officially scheduled City Council meeting. The appeal shall be heard by the City Council and their decision shall be final. Sec. 51.12 – Unlawful Conduct Not Sanctioned The granting of a permit does not absolve the permittee or its agents from complying with all Federal, State, and local laws, other than for conduct expressly described in the application and not subject to a condition or requirement of the permit/ For example, the permit may allow stunts that include speeding on a roadway that would otherwise be illegal.
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider the First Reading of Ordinance 543 - Rezoning 0 Radford Road - Bowen Property
COUNCIL MEETING DATE: February 15, 2018
HISTORY:Staff has met with Mr. Bowen and his associates to discuss the possible rezoning of a 21.34 +/- acre property fromAgriculture to Planned Unit Development for the purpose of building a single family subdivision.
FACTS AND ISSUES:Attached site plan and initial ordinance for City Council review.
OPTIONS:N/A
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve first reading
SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 543 - Rezoning 0 Radford Road - Bowen Property
COLLABORATING DEPARTMENT:
DEPARTMENT: Planning
Prepared by: Melissa McCain
ATTACHMENTS 17055-500 Site Plan-Site Plan.pdf ORDINANCE.pdf
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PREPARED FOR:
PROJECT NAME:
TASK:
PROJECT INFORMATION:
Project Name
Project Number
Project Address
Land Lot No.(s)
District
County, State
DA
TE
RE
VIS
ION
No
.
PROJECT No.DATE
CHECKED
DRAWN
DESIGN SCALE
SHEET
1 2 3 4 5 6 7 8 9
5074 BRISTOL INDUSTRIAL WAY
SUITE A
BUFORD, GEORGIA 30518
(770) 271-2868
www.dpengr.com
surveycivil sanitary transportation
Development Planning
& Engineering, Inc.
MB REGIONALENTERPRISES, LLC.
5072 BRISTOL IND. WAYSUITE A
BUFORD, GA. 30518
GAINESVILLE STREET TRACT
17-055
GAINESVILLE STREET
99
8th
FLOWERY BRANCHHALL COUNTY, GA.
KWB
01/29/18
AS SHOWN
17-055
1 of 1
GRID
NOR
THGA
WES
T ZO
NE
DEVELOPMENT SUMMARY
VICINITY MAP - N.T.S.
PROPOSED MAIL KIOSK
PROPOSED PEDESTRIANACCESS TO COMMERCIALOUTPARCEL
4' BERM WITH EVERGREENBUFFER PLANTING 10' O.C.
EVERGREEN BUFFERPLANTING 10' O.C.
4' BERM WITH EVERGREENBUFFER PLANTING 10' O.C.
EVERGREEN BUFFERPLANTING WHERESPARSELY VEGETATED
SMALL ENTRANCE MONUMENTFOR BACK ENTRANCE
MAIN ENTRANCE MONUMENTAND LANDSCAPING
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Public Hearing Published 01/31/2018 First Reading 02/15/2018
Public Hearing 02/15/2018 Adopted 03/01/2018
ORDINANCE NO. _____
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FLOWERY
BRANCH, GEORGIA, BY ZONING A TRACT OF REAL PROPERTY TO PLANNED
UNIT DEVELOPMENT (PUD). THE PROPERTY IS A 21.34+/- TRACT OF LAND
IDENTIFIED AS TAX PARCEL 08099 000006. SAID PROPERTY IS CURRENTLY
ZONED AGRICULTURAL (A). SUBJECT PROPERTY IS SHOWN ON ATTACHED
EXHIBIT “A” AND LEGALLY DESCRBED ON ATTACHED EXHIBIT “B” AND
SHALL BE SUBJECT TO ALL CONDITIONS SET FORTH AND SHOWN ON
ATTACHED EXHIBIT “C”; PROVIDING FOR FINDINGS, SEVERABILITY,
REPEALING CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL
PURPOSES.
WHEREAS, McCrary Family Partnership owns all that tract or parcel of land totaling 21.34+/-
acres identified as Parcel Tax Identification No. 08099 000006; Parcel is shown on Exhibit “A”,
and as legally described on Exhibit “B”; and
WHEREAS, specific conditions shall be placed on subject parcel as shown on attached exhibit
“C”; and
WHEREAS, the City Council of the City of Flowery Branch has considered the application of
MB Regional Enterprises in conjunction with the standards set forth in Article 34 - Section 34.7
of Zoning Ordinance No. 348 of the City of Flowery Branch, Georgia; and
WHEREAS, the City Council held a public hearing at the meeting of February 15, 2018 duly
noticed as prescribed by law and published in the Gainesville Times, regarding said application,
as shall be set forth in the minutes of said meeting.
NOW THEREFORE, THE COUNCIL OF THE CITY OF FLOWERY BRANCH DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council finds that the proposed rezoning from Flowery Branch A (Agricultural) to
Flowery Branch PUD (Planned Unit Development) is consistent with the adopted standards for
governing the exercise of the zoning power consistent with O.C.G.A. § 36-66-5 and requirements
of the Zoning Ordinance as identified below.
1. The proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property.
2. The proposal is not expected to adversely affect the existing use or usability of adjacent
or nearby property.
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3. The property could be used in accordance with the existing regulations and has a
reasonable economic use as currently zoned A; however, an alternative use is
appropriately considered.
4. The development if approved and constructed is not expected to result in a use which will
or could cause an excessive or burdensome use of existing streets, transportation
facilities, utilities, or schools.
5. The proposal is in conformity with the policy and intent of the comprehensive plan and
the character area map and future land use plan map.
6. The proposal is considered appropriate in view of existing use(s) and zoning of the
subject property and nearby properties.
7. No determination has been made by staff with regard to the value differential between
development under the current zonings as opposed to PUD.
8. A proposed development will not be a deterrent to the value or improvement of
development of adjacent property in accordance with existing regulations.
9. There are no known adverse effects that would result from the change in zoning district
map, or change in use, on the character of a zoning district.
10. Development as proposed is not expected to impact on the environment, including but not
limited to, drainage, soil erosion and sedimentation, flooding, air quality and water
quality. Compliance with city subdivision and land development regulations will be
required, which include but are not limited to soil erosion and sedimentation, stormwater,
and flood damage prevention.
SECTION 2. LEGAL DESCRIPTION AND CONDITIONS.
The rezoning of the subject parcel, as shown on Exhibit “A” and as legally described in Exhibit
“B”, from Flowery Branch A (Agricultural) to Flowery Branch PUD (Planned Unit Development).
Conditions as set forth in Exhibit “C”. Said Exhibits are incorporated by reference as if fully set
forth herein.
SECTION 3. AMENDMENT OF THE ZONING MAP.
This Ordinance is enacted as an amendment to the Zoning Map of Flowery Branch, Georgia.
Accordingly, the Zoning Administrator is hereby authorized to update the Official Map consistent
with Article 3 of the Zoning Ordinance.
SECTION 4. SEVERABILITY.
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Should any section or provision of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE.
The effective date of this Ordinance shall be upon adoption by the City Council of the City of
Flowery Branch, Georgia.
SECTION 6. REPEALER.
All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the
conflict.
Adopted this 1st day of March 2018.
___________________________
James M. Miller, Mayor
ATTEST
________________________________
Melissa McCain, City Clerk
APPROVED AS TO FORM
________________________________
E. Ronald Bennett, Jr., City Attorney
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Attachment “A”
Attachment “B”
All that tract or parcel of land lying and being in Land Lot 99 of the 8th District, Flowery Branch, Hall
County, Georgia and being more particularly described as follows:
To find THE TRUE POINT OF BEGINNING, begin at the intersection of the southerly right-of-
way of McEver Road having an 80’ right-of-way width with the westerly right-of-way of Radford Road
having a 55’ right-of-way, said point being THE TRUE POINT OF BEGINNING.
THENCE along said right-of-way of Radford Road for the following three (3) courses and
distances:
THENCE South 29 degrees 22 minutes 25 seconds East a distance of 304.05 feet to a point;
THENCE along a curve to the left for an arc length of 411.06 feet, having a radius of 512.71 feet,
being subtended by a chord bearing South 52 degrees 20 minutes 28 seconds East, for a distance of
400.14 feet to a point;
THENCE South 75 degrees 18 minutes 32 seconds East a distance of 94.64 feet to a point;
THENCE South 59 degrees 14 minutes 16 seconds West a distance of 636.67 feet leaving said right-
of-way to a point;
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THENCE South 59 degrees 04 minutes 46 seconds West a distance of 822.79 feet to a point;
THENCE along said right-of-way of Gainesville Street for the following nine (9) courses and
distances:
THENCE along a curve to the left for an arc length of 797.83 feet, having a radius of 769.90 feet,
being subtended by a chord bearing of North 10 degrees 40 minutes 24 seconds West, for a distance of
762.61 feet to a point;
THENCE North 40 degrees 21 minutes 37 seconds West a distance of 67.50 feet to a point;
THENCE North 49 degrees 42 minutes 37 seconds East a distance of 10.94 feet to a point;
THENCE North 40 degrees 17 minutes 23 seconds West a distance of 95.00 feet to a point;
THENCE North 49 degrees 42 minutes 37 seconds East a distance of 17.00 feet to a point;
THENCE North 40 degrees 17 minutes 23 seconds West a distance of 65.00 feet to a point;
THENCE South 49 degrees 42 minutes 37 seconds West a distance of 17.00 feet to a point;
THENCE North 40 degrees 17 minutes 23 seconds West a distance of 30.00 feet to a point;
THENCE North 11 degrees 07 minutes 33 seconds East a distance of 43.30 feet to a point located on
the southerly right-of-way of McEver Road having a 80’ right-of-way;
THENCE along said right-of-way for the following two (2) courses and distances:
THENCE North 74 degrees 21 minutes 29 seconds East a distance of 872.32 feet to a point;
THENCE along a curve to the left for an arc length of 155.42 feet, having a radius of 1,223.74 feet,
being subtended by a chord bearing of North 70 degrees 42 minutes 11 seconds East, for a distance of
155.32 feet to a point, said point being THE TRUE POINT OF BEGINNING.
The above described tract of land contains 21.335 acres more or less.
Attachment “C”
1. Site
A. Layout of project shall generally adhere to the submitted plan
B. 67 single family units
C. Landscape plan shall be submitted prior to final plat
D. Individual lots shall show landscaping at time of permit
E. Street trees shall be planted with root barriers
F. Roads and alleyways shall be public
G. Water and sewer shall be provided by the City of Flowery Branch
2. Home Design
A. Homes shall significantly adhere to submitted renderings
B. If submitted architectural plans are rejected by staff applicant may request a public hearing to
allow City Council to render judgement on the plans appropriateness
C. Driveways shall be a minimum of 23’ from back of sidewalk
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D. Lots 1, 2 and 54-67 shall have front porches; porches shall have a minimum depth of 6’ and a
minimum length of 10’
3. Outparcel
A. Part of the PUD and shall be zoned as such
1) No gas stations will be allowed on this site
2) All commercial uses other than retail, office, or food service shall require a conditional
use permit
B. Developed separately and subservient to the residential portion of the PUD
1) Separate landscape plan with dense buffer abutting residential portion of the PUD
2) Layout of building must be approved
3) Materials must be consistent with subdivision
4) Pedestrian access to the subdivision shall be provided
5) Sign plan for entire development must be submitted and approved by staff
a. Design style
b. Location of all signs
c. No lighted or animated signs shall face the residential subdivision
6) Lighting plan must be submitted and approved by staff
7) Dumpster must be fully enclosed, and materials must be consistent with primary structure
4. Major and Minor PUD Changes
A. Major shall include
1) Change in unit number of 3 or more
2) Reduction in setback greater than 5 feet (homes must always be 10’ apart from one
another regardless of setback)
3) Any change deemed major by staff
B. Minor shall include
1) Change in unit number of 2 or less
2) Reduction in setback less than 5 feet
3) Approved TAD funds allocated for on site improvements
4) All other changes deemed non-major by Staff
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider Ordinance 545 - Amendment to the Zoning Code to include Alcohol Definitions and Locations.
COUNCIL MEETING DATE: February 15, 2018
HISTORY:Upon review of the zoning ordinance certain aspects regarding alcohol sales and definitions needed clarification.
FACTS AND ISSUES:There currently is not a definition in the zoning ordinance for "package store" or "growler"; therefore, neither are listed onthe use chart. The proposed changes address both these issues.
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve the first reading
SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 545 - Amendment to the Zoning Code to include AlcoholDefinitions and Locations.
COLLABORATING DEPARTMENT:
DEPARTMENT: Planning
Prepared by: Melissa McCain
ATTACHMENTS Alcohol.pdf
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STATE OF GEORGIA
COUNTY OF HALL
CITY OF FLOWERY BRANCH
Public Hearing Published ______________ First Reading ______________
Public Hearing ______________ Passed ______________
ORDINANCE NO. _____
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
FLOWERY BRANCH, GEORGIA, ORDINANCE NO. 348, AS AMENDED, TO AMEND
ARTICLE 2, “DEFINITIONS AND INTERPRETATIONS;” BY ADOPTING AND
ADDING A DEFINITIONS FOR “PACKAGE STORE” AND “GROWLER” TO
SECTION 2.1“USE DEFINITIONS”; TO AMMEND ARTICLE 9, “NON RESIDENTIAL
ZONING DISTRICTS” BY ADDING “PACKAGE STORES” TO TABLE 9.1
“PERMITTED AND CONDITIONAL USES IN NONRESIDENTIAL ZONING
DISTRICTS”AS AN INHERENTLY PERMITTED USE IN THE HB (HIGHWAY
BUSINESS) AND NS (NEIGHBORHOOD SHOPPING) ZONING DISTRICTS; TO
AMMEND ARTICLE 9, “NON RESIDENTIAL ZONING DISTRICTS” BY ADDING
“GROWLER” TO TABLE 9.1 “PERMITTED AND CONDITIONAL USES IN
NONRESIDENTIAL ZONING DISTRICTS”AS AN INHERENTLY PERMITTED USE
IN THE HB (HIGHWAY BUSINESS) CBD (CENTRAL BUSINESS DISTRICT) AND NS
(NEIGHBORHOOD SHOPPING) ZONING DISTRICTS; TO AMMEND ARTICLE 14,
“SPECIFIC PROVISIONS FOR PRINCIPAL NONRESIDENTIAL BUILDINGS AND
USES”, BY ADDING SECTION 14.14, ENTITLED “PACKAGE STORES”; BY
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE;
REPEALING CONFLICTING ORDINANCES; AND FOR ALL OTHER LAWFUL
PURPOSES.
WHEREAS, the Zoning Ordinance of the City of Flowery Branch, Georgia, authorizes the
amendment of the text of the City of Flowery Branch Zoning Ordinance by the City Council; and
WHEREAS, the Zoning Administrator is authorized, pursuant to Section 33.2 of the Zoning
Ordinance, to initiate an amendment to the zoning ordinance for consideration by the City Council;
and
WHEREAS, it is desirable and necessary to provide up to date ordinances; and
WHEREAS, the City has complied with the Zoning Procedures Law and the requirements of
Article 33 of the Zoning Ordinance with regard to text amendments, including the holding of an
advertised public hearing; and
WHEREAS, the proposed amendment to text of the zoning ordinance is found by City Council to
be consistent with the overall zoning scheme and adopted Zoning Ordinance, consistent with the
City’s adopted comprehensive plan, and consistent with other applicable plans adopted by the City;
20
2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. CHANGES TO ORDINANCE Article 2, "Definitions and Interpretations”" is
amended by adding a new definition for "Package Store", to Section 2.1 “Use Definitions”, to
read as follows:
Package Store: A retail establishment that sells beer, wine, and/or liquor in sealed containers for
off-site consumption.
Article 2, "Definitions and Interpretations" is amended by adding a new definition for "Growler",
to Section 2.1 “Use Definitions”, to read as follows:
Growler: A retail establishment that sells beer in a bottle made of glass or other material
customary to the industry that is sealed on the premises.
Article 9, “Nonresidential Zoning Districts” by adding “Package Store” to Table 9.1, “Permitted
and Conditional Uses in Nonresidential Zoning Districts” as an inherently permitted use in the
HB (Highway Business) and NS (Neighborhood Shopping) zoning districts.
Article 9, “Nonresidential Zoning Districts” by adding “Growler” to Table 9.1, “Permitted and
Conditional Uses in Nonresidential Zoning Districts” as an inherently permitted use in the HB
(Highway Business), CBD (Central Business District), and NS (Neighborhood Shopping) zoning
districts.
Article 14, “Specific Provisions for Principal Nonresidential Buildings and Uses” by adding
section 14.14 “Package Store”. Package stores shall meet all requirements set forth by the City of
Flowery Branch Code of Ordinances and in addition shall comply with the following:
(a) No new package store shall be allowed to operate within 2,640 feet (.5 miles) of an
existing, legally established, package store. Distance shall be calculated from the store
front and shall extend in every direction. It is the responsibility of the property owner or
business owner to provide proof that this condition is being met at the time of
occupational tax license application submittal.
Example:
21
3
(b) No package store may operate within one hundred (100) yards of a legally established
church or religious institution. It is the responsibility of the property owner or business
owner to provide proof that this condition is being met at the time of occupational tax
license application submittal.
(c) No package store may operate within two hundred (200) yards of any legally established
school building, educational building, school grounds, or college campus. It is the
responsibility of the property owner or business owner to provide proof that this
condition is being met at the time of occupational tax license application submittal.
SECTION 2. SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
SECTION 3. EFFECTIVE DATE.
The effective date of this Ordinance shall be upon approval by the City Council of the City of
Flowery Branch, Georgia.
SECTION 4. REPEALER.
All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of
the conflict.
22
4
Approved this ____ day of ________, 2018.
___________________________
James “Mike” Miller, Mayor
ATTEST
________________________________
Melissa McCain, City Clerk
APPROVED AS TO FORM
________________________________
E. Ronald Bennett, Jr., City Attorney
23
FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider January 18, 2017 Meeting Minutes
COUNCIL MEETING DATE: February 15, 2018
HISTORY:
FACTS AND ISSUES:
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:
SAMPLE MOTION:
COLLABORATING DEPARTMENT:
DEPARTMENT: Administration
Prepared by: Melissa McCain
ATTACHMENTS 011818.pdf
24
City of Flowery Branch Council Meeting Minutes
January 18, 2018 6:00 p.m. City of Flowery Branch City Hall
5517 Main Street, Flowery Branch GA, 30542 CALL WORK SESSION TO ORDER: Mayor Miller called the meeting to order at 6:04 pm. PRESENT: Mayor Mike Miller and Council members Chris Mundy, Mary Jones, Fred
Richards, Joe Anglin and Amy Farah. Also present were City Manager Bill Andrew, City Clerk Melissa McCain, City Planner Rich Atkinson, Police Chief David Spillers and Attorney Ron Bennett PLEDGE OF ALLEGIANCE: Mayor Miller led the Pledge of Allegiance. PUBLIC HEARING: There was no public hearing. UNFINISHED BUSINESS - WORK SESSION: There was no unfinished business. NEW BUSINESS -WORK SESSION: Review Alcoholic Beverage Code City Clerk McCain and Attorney Bennett summarized the following: The purpose was to revise the alcoholic beverage ordinance to encourage economic development in the downtown area of the city. The city has released a request for proposal for downtown redevelopment. In the course of speaking with developers making proposals, discussion was had regarding the impact of alcoholic beverage regulation in the downtown area. In response to these discussions and upon direction from city council, staff has reviewed the alcoholic beverage ordinance and has prepared a revised alcoholic beverage ordinance for the city councils review, input and direction on further action. Some of the changes include but aren’t limited to the following:
(1) Initial Licensing Fee. Allows for a pro-rated initial licensing fee based on the quarter in which the application is made.
(2) Amenity Permit. Allows employees of a non-eating establishment who hold a
pouring permit to serve alcohol as a hospitality to its patrons. For instance, a nail salon.
(3) Special Events. Allows for and regulates consumption of a limited quantity of
alcohol from an open container on city property or at public events not on city property.
25
January 18, 2018 Minutes Page 2 of 5
(4) Downtown Dining District. Creates a defined district downtown where the open container prohibition does not apply and would allow for the operation of a limited number of bars/taverns pending a concurrent revision of the zoning code. Individuals in the downtown dining district would be able to leave the premises of a restaurant, growler shop, bar/tavern or amenity permittee with a limited quantity of alcohol in an open container so long as they remain in the downtown dining district.
(5) Art Shop. Allows patrons of an art shop business to bring in malt beverages or wine
and consume same while on the art shop premises on certain days and during certain hours. Art shop employees can serve said alcohol if they hold a pouring permit.
(6) Corkage. Adds growlers to the corkage services which currently only includes wine.
An exemption to the brown bagging prohibition which would allow patrons of an eating establishment to bring in and leave with their own growler.
(7) Pouring Permits. Requires on premises consumption licensees to report the names of
all servers holding a pouring permit quarterly – up from twice a year. Requires all servers to hold pouring permits – up from 75% of servers.
(8) Growlers. Increases the daily sample amount allowed from three one-ounce samples
to four six-ounce samples and requires individuals serving samples to have a valid pouring permit.
Review January 4, 2018 Meeting Minutes - Clerk McCain advised that there were no changes. City of Flowery Branch Complete Streets Policy Manager Andrew reviewed the Complete Streets Policy. Rezoning Request – 5464 E. Main Street – Hillgrove Homes Planning Director Atkinson reviewed some highlights of the project and made the following summary: The developer is looking to rezone 18.4 +/- acres located at 5464 East Main Street from HB to PUD for residential use. The developer is planning on building 63 townhomes and 31 single family homes Councilman Anglin inquired of the townhomes and the single-family homes would be separated. Developer, Mr. Hill, advised that the single family and townhomes would be separate. Councilwoman Farah inquired of there would be any amenities on the property. Mr. Hill advised that there is 36% open space, walking trails, two parks and a community fire pit. Councilman Anglin inquired if they would have two car garages and be able to park tow cars in the driveway without impeding sidewalks or the street.
26
January 18, 2018 Minutes Page 3 of 5
Planner Atkinson advised that there would be room for two cars in the garage and two cars in the driveway. It was noted that the first reading of this ordinance would be February 1, 2018 and the second reading and adoption would be February 15, 2018. DEPARTMENT REPORTS: City Manager Report Manager Andrew advised that the council retreat is scheduled for February 17th and that the facilitator from the Carl Vinson Institute of Government would be contacting each of the council members for some questions on goals of the retreat. Manager Andrew further advised that the construction on the new City Hall is moving along with a proposed move in date of February 12th and 13th with total operations in the new facility beginning February 14, 2018. Manager Andrew advised that Hall County is proposing that the turn lanes at Gainesville Street and McEver Road will be completed by January 31, 2018. Manager Andrew reviewed a letter from Norfolk Southern about the use of Lunar Lights that would allow for the trains that stop on the tracks to do it in a manner that would not have all three-crossings blocked. Continuing, Manager Andrew advised Norfolk would like one or two of the crossing closed and they would reimburse the City for those closings. Manager Andrew suggested the possibility of Clark Patterson and Lee conducting a survey on the effects of the closing of the crossings and the possibility of the MPO paying for the study. If the City is willing to close one or two of the crossings Norfolk Southern would need that information by the end of 2018 for budget purposes. City Clerk Report: No report. City Planner Report: No report. Attorney Report: No report. Council Report: Councilman Anglin inquired of there was any update on a turn signal at the railroad crossing at Lights Ferry Road and Atlanta Highway. Manager Andrew advised that GDOT has an application in to Norfolk but there is no other information available at this time. ADJOURNMENT WORK SESSION: Mayor Miller adjourned the work session at 6:50 pm.
27
January 18, 2018 Minutes Page 4 of 5
VOTING SESSION CALL VOTING SESSION TO ORDER: Mayor Miller called the voting session to order at 6:50 pm. PUBLIC COMMENTS: Robert Sabbath – Former owner Growlers on Main Mr. Sabbath approached the council and advised that he was appreciative of the council considering changes to the alcoholic beverage code. Mr. Sabbath did ask the council to consider amending the section that does not allow for the use of the word “beer” in the title of a business. Mr. Sabbath is scheduled to open a new Growler Shop on Main Street and is considering the use of the word in his name so that people know what he is offering. CONSENT AGENDA: Per Diem - Mike Miller Per Diem - Fred Richards December 21, 2017 Meeting Minutes Appointment of Tevi Reed to the Historical Preservation Committee. There was a motion made to approve the consent agenda as presented. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah. NAYS: None Motion carried UNFINISHED BUSINESS - VOTING SESSION: There was no unfinished business. NEW BUSINESS - VOTING SESSION: Georgia Emergency Management and Homeland Security Agency Pre-Application There was a motion made to approve and authorize the Mayor to execute the preapplication and submit for processing. MOTION: Joe Anglin SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah NAYS: None Motion carried
28
January 18, 2018 Minutes Page 5 of 5
EXECUTIVE SESSION: There was a motion made to enter executive session at 7:02 pm for property and pending/potential litigation. MOTION: Chris Mundy SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah NAYS: None Motion carried There was a motion made to reconvene open session at 8:22 pm. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah NAYS: None Motion carried ADJOURNMENT: There was a motion made to adjourn at 8:23 pm. MOTION: Chris Mundy SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah NAYS: None Motion carried __________________________ _______________ _____________________________ Mayor – Mike Miller Date City Clerk – Melissa McCain
29
FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider January 18, 2017 Meeting Minutes
COUNCIL MEETING DATE: February 15, 2018
HISTORY:
FACTS AND ISSUES:
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:
SAMPLE MOTION:
COLLABORATING DEPARTMENT:
DEPARTMENT: Administration
Prepared by: Melissa McCain
ATTACHMENTS 011818.pdf
30
City of Flowery Branch Council Meeting Minutes
January 18, 2018 6:00 p.m. City of Flowery Branch City Hall
5517 Main Street, Flowery Branch GA, 30542 CALL WORK SESSION TO ORDER: Mayor Miller called the meeting to order at 6:04 pm. PRESENT: Mayor Mike Miller and Council members Chris Mundy, Mary Jones, Fred
Richards, Joe Anglin and Amy Farah. Also present were City Manager Bill Andrew, City Clerk Melissa McCain, City Planner Rich Atkinson, Police Chief David Spillers and Attorney Ron Bennett PLEDGE OF ALLEGIANCE: Mayor Miller led the Pledge of Allegiance. PUBLIC HEARING: There was no public hearing. UNFINISHED BUSINESS - WORK SESSION: There was no unfinished business. NEW BUSINESS -WORK SESSION: Review Alcoholic Beverage Code City Clerk McCain and Attorney Bennett summarized the following: The purpose was to revise the alcoholic beverage ordinance to encourage economic development in the downtown area of the city. The city has released a request for proposal for downtown redevelopment. In the course of speaking with developers making proposals, discussion was had regarding the impact of alcoholic beverage regulation in the downtown area. In response to these discussions and upon direction from city council, staff has reviewed the alcoholic beverage ordinance and has prepared a revised alcoholic beverage ordinance for the city councils review, input and direction on further action. Some of the changes include but aren’t limited to the following:
(1) Initial Licensing Fee. Allows for a pro-rated initial licensing fee based on the quarter in which the application is made.
(2) Amenity Permit. Allows employees of a non-eating establishment who hold a
pouring permit to serve alcohol as a hospitality to its patrons. For instance, a nail salon.
(3) Special Events. Allows for and regulates consumption of a limited quantity of
alcohol from an open container on city property or at public events not on city property.
31
January 18, 2018 Minutes Page 2 of 5
(4) Downtown Dining District. Creates a defined district downtown where the open container prohibition does not apply and would allow for the operation of a limited number of bars/taverns pending a concurrent revision of the zoning code. Individuals in the downtown dining district would be able to leave the premises of a restaurant, growler shop, bar/tavern or amenity permittee with a limited quantity of alcohol in an open container so long as they remain in the downtown dining district.
(5) Art Shop. Allows patrons of an art shop business to bring in malt beverages or wine
and consume same while on the art shop premises on certain days and during certain hours. Art shop employees can serve said alcohol if they hold a pouring permit.
(6) Corkage. Adds growlers to the corkage services which currently only includes wine.
An exemption to the brown bagging prohibition which would allow patrons of an eating establishment to bring in and leave with their own growler.
(7) Pouring Permits. Requires on premises consumption licensees to report the names of
all servers holding a pouring permit quarterly – up from twice a year. Requires all servers to hold pouring permits – up from 75% of servers.
(8) Growlers. Increases the daily sample amount allowed from three one-ounce samples
to four six-ounce samples and requires individuals serving samples to have a valid pouring permit.
Review January 4, 2018 Meeting Minutes - Clerk McCain advised that there were no changes. City of Flowery Branch Complete Streets Policy Manager Andrew reviewed the Complete Streets Policy. Rezoning Request – 5464 E. Main Street – Hillgrove Homes Planning Director Atkinson reviewed some highlights of the project and made the following summary: The developer is looking to rezone 18.4 +/- acres located at 5464 East Main Street from HB to PUD for residential use. The developer is planning on building 63 townhomes and 31 single family homes Councilman Anglin inquired of the townhomes and the single-family homes would be separated. Developer, Mr. Hill, advised that the single family and townhomes would be separate. Councilwoman Farah inquired of there would be any amenities on the property. Mr. Hill advised that there is 36% open space, walking trails, two parks and a community fire pit. Councilman Anglin inquired if they would have two car garages and be able to park tow cars in the driveway without impeding sidewalks or the street.
32
January 18, 2018 Minutes Page 3 of 5
Planner Atkinson advised that there would be room for two cars in the garage and two cars in the driveway. It was noted that the first reading of this ordinance would be February 1, 2018 and the second reading and adoption would be February 15, 2018. DEPARTMENT REPORTS: City Manager Report Manager Andrew advised that the council retreat is scheduled for February 17th and that the facilitator from the Carl Vinson Institute of Government would be contacting each of the council members for some questions on goals of the retreat. Manager Andrew further advised that the construction on the new City Hall is moving along with a proposed move in date of February 12th and 13th with total operations in the new facility beginning February 14, 2018. Manager Andrew advised that Hall County is proposing that the turn lanes at Gainesville Street and McEver Road will be completed by January 31, 2018. Manager Andrew reviewed a letter from Norfolk Southern about the use of Lunar Lights that would allow for the trains that stop on the tracks to do it in a manner that would not have all three-crossings blocked. Continuing, Manager Andrew advised Norfolk would like one or two of the crossing closed and they would reimburse the City for those closings. Manager Andrew suggested the possibility of Clark Patterson and Lee conducting a survey on the effects of the closing of the crossings and the possibility of the MPO paying for the study. If the City is willing to close one or two of the crossings Norfolk Southern would need that information by the end of 2018 for budget purposes. City Clerk Report: No report. City Planner Report: No report. Attorney Report: No report. Council Report: Councilman Anglin inquired of there was any update on a turn signal at the railroad crossing at Lights Ferry Road and Atlanta Highway. Manager Andrew advised that GDOT has an application in to Norfolk but there is no other information available at this time. ADJOURNMENT WORK SESSION: Mayor Miller adjourned the work session at 6:50 pm.
33
January 18, 2018 Minutes Page 4 of 5
VOTING SESSION CALL VOTING SESSION TO ORDER: Mayor Miller called the voting session to order at 6:50 pm. PUBLIC COMMENTS: Robert Sabbath – Former owner Growlers on Main Mr. Sabbath approached the council and advised that he was appreciative of the council considering changes to the alcoholic beverage code. Mr. Sabbath did ask the council to consider amending the section that does not allow for the use of the word “beer” in the title of a business. Mr. Sabbath is scheduled to open a new Growler Shop on Main Street and is considering the use of the word in his name so that people know what he is offering. CONSENT AGENDA: Per Diem - Mike Miller Per Diem - Fred Richards December 21, 2017 Meeting Minutes Appointment of Tevi Reed to the Historical Preservation Committee. There was a motion made to approve the consent agenda as presented. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah. NAYS: None Motion carried UNFINISHED BUSINESS - VOTING SESSION: There was no unfinished business. NEW BUSINESS - VOTING SESSION: Georgia Emergency Management and Homeland Security Agency Pre-Application There was a motion made to approve and authorize the Mayor to execute the preapplication and submit for processing. MOTION: Joe Anglin SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah NAYS: None Motion carried
34
January 18, 2018 Minutes Page 5 of 5
EXECUTIVE SESSION: There was a motion made to enter executive session at 7:02 pm for property and pending/potential litigation. MOTION: Chris Mundy SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah NAYS: None Motion carried There was a motion made to reconvene open session at 8:22 pm. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah NAYS: None Motion carried ADJOURNMENT: There was a motion made to adjourn at 8:23 pm. MOTION: Chris Mundy SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin and Amy Farah NAYS: None Motion carried __________________________ _______________ _____________________________ Mayor – Mike Miller Date City Clerk – Melissa McCain
35
FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider - Wine License at Lakeside Market
COUNCIL MEETING DATE: February 15, 2018
HISTORY:There has never been a wine license at this location.
FACTS AND ISSUES:The owner currently sells imported cheeses and assortments of crackers as well as fresh made Italian pasta & beansoups. The owner would like to offer the pairing of a bottle of wine to compliment the items being sold or purchased.
OPTIONS:Approve or disapprove/
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve
SAMPLE MOTION: no motion needed - work session only
COLLABORATING DEPARTMENT:
DEPARTMENT: Administration
Prepared by: Melissa McCain
ATTACHMENTS
36
FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider the Second Reading of Ordinance 541 - Rezoning of 5464 E. Main Street
COUNCIL MEETING DATE: February 15, 2018
HISTORY:The City has been in discussions with applicant for several months regarding the rezoning of 18.4 +/- acres located at5464 E. Main Street. Proposed use is residential.
FACTS AND ISSUES:Mr. Chris Hill of Hillgrove Homes is requesting to rezone 18.4 +/- acres from HB to PUD for the purpose of developinga residential neighborhood. The proposal calls for 63 townhomes and 31 single family detached homes.
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve the second reading
SAMPLE MOTION: I make a motion to approve the second reading of Ordinance 541 and the rezoning of 5464 E. Main Street fromHighway Business to Planned Unit Development
COLLABORATING DEPARTMENT:
DEPARTMENT: Planning
Prepared by: Melissa McCain
ATTACHMENTS Rezoning Plan 01-11-18.pdf Hillgrove Homes Project Highlights.docx Zoning Ordinance.pdf 37
PREPARED FOR:
PROJECT NAME:
TASK:
PROJECT INFORMATION:
Project Name
Project Number
Project Address
Land Lot No.(s)
District
County, State
DA
TE
RE
VIS
ION
No
.
PROJECT No.DATE
CHECKED
DRAWN
DESIGN SCALE
SHEET
1 2 3 4 5 6 7 8 9
5074 BRISTOL INDUSTRIAL WAY
SUITE A
BUFORD, GEORGIA 30518
(770) 271-2868
www.dpengr.com
surveycivil sanitary transportation
Development Planning
& Engineering, Inc.
HILL GROVE HOMESP.O. BOX 1929
BUFORDGEORGIA 30542MR. CHRIS HILL(678) 410-2705
EAST MAIN STREET
17-054
5464 EAST MAIN STREET
113
8th
FLOWERY BRANCHHALL COUNTY, GA.
KWB
12/20/17
AS SHOWN
17-054
1 of 1
GRID
NOR
THGA
WES
T ZO
NE
DEVELOPMENT SUMMARY
VICINITY MAP - N.T.S.
PROPOSED MAIL KIOSK
5' SIDEWALK (2' B/C)
2' LANDSCAPE STRIP BETWEEN
B/C AND SIDEWALK (TO BE SOD)
23' B/SW (MIN.)
TO FRONT
OF UNIT
SODDED
YARD
PATIO
2-CAR
GARAGE
B/C
C/L
B/C
B/C
C/L
B/C
2-CAR
GARAGE
2-CAR
GARAGE
PATIO PATIO
0' S
ID
E S
ET
BA
CK
0' S
ID
E S
ET
BA
CK
2" CALIPER TREE
5' SIDEWALK (2' B/C)
R/W
R/W
R/W
R/W
PROPOSED MAIL KIOSK
PROPOSEDMULCH TRAIL
PROPOSEDMULCH TRAIL
38
Hillgrove Homes Project Highlights
1. 18.4 +/- acres2. 5464 East Main Street3. Rezone from HB to PUD4. Residential use5. 63 townhomes6. 31 single family homes7. Tax Allocation District
Mr. Chris Hill is a local builder/developer who, most recently, constructed the homes at Harbour Lights. His company will be building the recently approved 55 single family residential units on E. Main Street.
Mr. Hill has been working with the City on this project for several months. His is the first project to be reviewed by both TSW and City staff. He has shown a willingness to work with the City to create a development that meets flowery Branch’s standards.
39
1 | P a g e
Public Hearing Published 01/18/2018 First Reading 02/01/2018
Public Hearing 02/01/2018 Adopted 02/15/2018
ORDINANCE NO. 541
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FLOWERY
BRANCH, GEORGIA, BY ZONING A TRACT OF REAL PROPERTY TO PLANNED
UNIT DEVELOPMENT (PUD). THE PROPERTY IS AN 18.4+/- TRACT OF LAND
IDENTIFIED AS A PORTION OF TAX PARCEL 08113 001004. SAID PROPERTY IS
CURRENTLY ZONED HIGHWAY BUSINESS (HB). SUBJECT PROPERTY IS SHOWN
ON ATTACHED EXHIBIT “A” AND LEGALLY DESCRBED ON ATTACHED EXHIBIT
“B” AND SHALL BE SUBJECT TO ALL CONDITIONS SET FORTH AND SHOWN ON
ATTACHED EXHIBIT “C”; PROVIDING FOR FINDINGS, SEVERABILITY,
REPEALING CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL
PURPOSES.
WHEREAS, Sa Alimenta owns all that tract or parcel of land totaling 30.55+/- acres identified as
Parcel Tax Identification No. 08113 001004; Mr. Hill has a sales agreement in place for a portion
of the parcel totaling 18.4 +/- acres. The parcel shall be split prior to development. Parcel is shown
on Exhibit “A”, and as legally described on Exhibit “B”; and
WHEREAS, specific conditions shall be placed on subject parcel as shown on attached exhibit
“C”; and
WHEREAS, the City Council of the City of Flowery Branch has considered the application of
Mr. Hill in conjunction with the standards set forth in Article 34 - Section 34.7 of Zoning
Ordinance No. 348 of the City of Flowery Branch, Georgia; and
WHEREAS, the City Council held a public hearing at the meeting of February 1, 2018 duly
noticed as prescribed by law and published in the Gainesville Times, regarding said application,
as shall be set forth in the minutes of said meeting.
NOW THEREFORE, THE COUNCIL OF THE CITY OF FLOWERY BRANCH DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council finds that the proposed rezoning from Flowery Branch HB (Highway Business)
to Flowery Branch PUD (Planned Unit Development) is consistent with the adopted standards for
governing the exercise of the zoning power consistent with O.C.G.A. § 36-66-5 and requirements
of the Zoning Ordinance as identified below.
1. The proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property.
40
2 | P a g e
2. The proposal is not expected to adversely affect the existing use or usability of adjacent
or nearby property.
3. The property could be used in accordance with the existing regulations and has a
reasonable economic use as currently zoned HB; however, an alternative use is
appropriately considered.
4. The development if approved and constructed is not expected to result in a use which will
or could cause an excessive or burdensome use of existing streets, transportation
facilities, utilities, or schools.
5. The proposal is in conformity with the policy and intent of the comprehensive plan but
not the character area map and future land use plan map.
6. The proposal is considered appropriate in view of existing use(s) and zoning of the
subject property and nearby properties.
7. No determination has been made by staff with regard to the value differential between
development under the current zonings as opposed to PUD.
8. A proposed development will not be a deterrent to the value or improvement of
development of adjacent property in accordance with existing regulations.
9. There are no known adverse effects that would result from the change in zoning district
map, or change in use, on the character of a zoning district.
10. Development as proposed is not expected to impact on the environment, including but not
limited to, drainage, soil erosion and sedimentation, flooding, air quality and water
quality. Compliance with city subdivision and land development regulations will be
required, which include but are not limited to soil erosion and sedimentation, stormwater,
and flood damage prevention.
SECTION 2. LEGAL DESCRIPTION AND CONDITIONS.
The rezoning of the subject parcel, as shown on Exhibit “A” and as legally described in Exhibit
“B”, from Flowery Branch HB (Highway Business) to Flowery Branch PUD (Planned Unit
Development). Conditions as set forth in Exhibit “C”. Said Exhibits are incorporated by reference
as if fully set forth herein.
SECTION 3. AMENDMENT OF THE ZONING MAP.
This Ordinance is enacted as an amendment to the Zoning Map of Flowery Branch, Georgia.
Accordingly, the Zoning Administrator is hereby authorized to update the Official Map consistent
with Article 3 of the Zoning Ordinance.
41
3 | P a g e
SECTION 4. SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE.
The effective date of this Ordinance shall be upon adoption by the City Council of the City of
Flowery Branch, Georgia.
SECTION 6. REPEALER.
All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the
conflict.
Adopted this 15th day of February 2018.
___________________________
James M. Miller, Mayor
ATTEST
________________________________
Melissa McCain, City Clerk
APPROVED AS TO FORM
________________________________
E. Ronald Bennett, Jr., City Attorney
42
4 | P a g e
Exhibit “A”
5464 E. Main Street
18.4+/-
PUD
12.15+/-
HB
43
5 | P a g e
Exhibit “B”
44
6 | P a g e
Exhibit “C”
Conditions of Zoning
1. Site
A. Development shall generally adhere to the submitted site plan:
B. Development Summary
1) +/- 18.4 acres
2) Total number of units not to exceed 68 townhomes/35 detached single family
3) Gross density not to exceed 6 units per acre
4) Open space to be no less than 30% of the total project area
5) All lots to be served by Flowery Branch water and sewer
6) All driveways to be a minimum of 23’ from back edge of sidewalk
7) 5’ sidewalks on both sides of the street throughout the project
8) Setbacks shall adhere to those listed on the submitted plan.
a) Staff may approve a reduction in the setback requirement not to exceed 5’ in
the front and back.
b) Staff may approve a reduction in the setback requirement not to exceed 2’ on
the side as long as there is still 10’ between homes as measured from
foundation to foundation.
c) Any setback reduction greater than listed above in 8.a and 8.b shall require
City Council approval via a public hearing.
C. Landscaping/Monument Sign 45
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Shall generally comply with the submitted plan:
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2. Architectural Requirements
Homes shall generally adhere to the submitted renderings. If submitted architectural plans are rejected
by staff applicant may request a public hearing to allow City Council to render judgement on the plans
appropriateness.
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider the First Reading of Ordinance 542 - Flowery Branch Movie Ordinance
COUNCIL MEETING DATE: February 15, 2018
HISTORY:The film industry is becoming more prevalent in our area and there will be a request to film in the City sometime in thenear future. we need to have an ordinance to set standards and guidelines and a resolution to adopt fees.
FACTS AND ISSUES:
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve the first reading.
SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 542 - Flowery Branch Movie Ordinance.
COLLABORATING DEPARTMENT:
DEPARTMENT: Planning
Prepared by: Melissa McCain
ATTACHMENTS 542 - Film and Movie Ordinance.pdf
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STATE OF GEORGIA COUNTY OF HALL CITY OF FLOWERY BRANCH Public Hearing Published 01/31/18 First Reading 02/15/18 Public Hearing 02/01/18 Passed 03/01/18
ORDINANCE NO. 542 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FLOWERY BRANCH, GEORGIA, ORDINANCE NO. 525, AS AMENDED, BY ADDING A NEW CHAPTER TO ARTICLE II, CHAPTER 51, ENTITLED, “FILM AND MUSIC PROJECTS” TO ARTICLE II “CODE OF ORDINANCES; FOR THE PURPOSE OF SETTING FORTH THE PROVISIONS FOR OBTAINING A PERMITS FOR FILM OR RECORDING PROJECTS WITHIN THE CITY OF FLOWERY BRANCH TO INCLUDE DEFINITIONS, PERMIT REQUIREMENTS, EXEMPTIONS, PERMIT APPLICATION, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; REPEALING CONFLICTING ORDINANCES; AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the Code of Ordinances of the City of Flowery Branch, Georgia, authorizes updates to said code from time to time by the City Council; and WHEREAS, it is desirable and necessary to provide up to date ordinances and codes; and WHEREAS, it is the responsibility of City Council to ensure the health and welfare of the citizens of Flowery Branch; and WHEREAS, the requirements provided in this new Chapter 51 shall be separate, and in addition to those provisions of the City of Flowery Branch Registration and Occupational Tax set forth in Part II, Chapter 20, Article III of the Code of Ordinances; and WHEREAS, the City Council of Flowery Branch wishes to encourage uniform terms with regard to film and musical productions or projects occurring in whole or in part within the city-limits of Flowery Branch and to promote certainty with regard to the operations of these industries in order to encourage further development within the City with the least negative impact on existing businesses and residents and to provide for a process to ensure consistent supervision and provision of services and potential suspension of public conveniences in connection with such productions or projects; WHEREAS, said ordinance shall set forth the purposes and procedures for permitting requirements, along with exemptions, pre-application and application meetings; investigation of applicant ; submittal of plans for production of locations, duration, and clean up for each location; fees, costs and cash bond; liability provisions for the utilization of Flowery Branch facilities; specific and miscellaneous restrictions imposed for the issuance of a film production permit; approval or denial of permit and administrative policies; revocation of permit; and provision for violations of this ordinance; to provide for an effective date, to repeal conflicting ordinances and resolutions and for all other lawful purposes.
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WHEREAS, to comply with all the ordinances of Flowery Branch, the City Council of Flowery Branch desires to create a new Chapter to the Code of Ordinances, being Chapter 51 of Part II – Code of Ordinances, entitled “Film and Music Projects”; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS AS FOLLOWS: Article II of the Official Code of Ordinances of Flowery Branch, Georgia, is hereby amended to add an additional Chapter 51 entitled “Film and Music Projects”. Said Chapter is shown on the attached Exhibit “A” and is incorporated herein as though set forth verbatim. All Ordinances, or Resolutions, or parts thereof, in conflict with the terms of this Ordinance are hereby repealed, but it is hereby provided that any Ordinance, resolution, or law which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally constructed to be in favor of the City of Flowery Branch, is hereby adopted as part hereof. If any paragraph, sub-paragraph, sentence, clause, phrase, or any portion of this Ordinance shall be declared invalid or unconstitutional by any court or competent jurisdiction or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid. It is hereby declared to be the intent of the City Council of Flowery Branch to provide for separable and divisible parts, and it does hereby adopt any and all parts as may not be held invalid for any reason. Approved this 1st day of March 2018.
___________________________ James “Mike” Miller, Mayor ATTEST:
________________________________ Melissa McCain, City Clerk APPROVED AS TO FORM: ________________________________ E. Ronald Bennett, Jr., City Attorney
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Exhibit “A”
Chapter 51 – FILM AND MUSIC PROJECTS Sec. 51-1. – Purpose and findings. Sec. 51-2. – Definitions. Sec. 51-3. – Permit required. Sec. 51-4. – Exceptions. Sec. 51-5. – Permit application. Sec. 51-6. – Application review and permit conditions. Sec. 51-7. – Fees. Sec. 51-8. - Insurance. Sec. 51-9. – Indemnification and liability. Sec. 51-10.- Permit revocation. Sec. 51-11.- Permit suspension. Sec. 51-12. -Appeals. Sec. 51-13. -Unlawful conduct not sanctioned. Sec. 51-14. -Violation. Sec. 51.1. – Purpose and findings.
(a) This Chapter sets forth rules and regulations to govern and authorize individuals and film companies to conduct filming activities in the City of Flowery Branch without unreasonably impacting the peace and comfort of the residents of the community; to assure that such activities are consistent with considerations of the public health, safety, and general welfare; to ensure the protection of property; and to provide a streamlined process for issuing film production permits. The requirements provided in this Chapter shall be separate and in addition to those provisions of the City of Flowery Branch Business License Code, and/or other codes adopted by reference, regarding business regulation and licensing.
(b) The purpose of this chapter is to regulate filming and recording activity within the
City of Flowery Branch in order to protect the public health, safety, and welfare.
Sec. 51.-2. – Definitions (a) Business License Office shall mean the Flowery Branch Business License Office,
which for purposes of this Chapter shall be considered an agent of the Flowery Branch City Council.
(b) Camera Ready Liaison shall mean the designated staff person of the Lake Lanier Convention and Visitors Bureau, Inc. who serves as the Camera-Ready Liaison for the Georgia Film Office.
(c) Chief shall mean the serving Chief of the City of flowery Branch or his/her designee.
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(d) Fire Marshall shall mean the serving Fire Marshall of Hall County or his/her designee.
(e) Engineering shall mean the designated staff person from the Flowery Branch City
Engineer’s office or engineering firm designated to represent the City of Flowery Branch.
(f) Planning and Community Development shall mean the Flowery Branch staff person
from the City of flowery Branch Planning and Community Development department. (g) Municipalities shall mean duly constituted cities located in whole or part within Hall
County. (h) News Purposes shall mean filming, videoing, or otherwise recording news events for
television, radio, or internet newscasting by reporters, photographers, audio technicians, camera persons in the employ of a newspaper, news service, or similar entity where the event is not preplanned, and the film or tape is originally broadcast within twenty-four (24) hours of the event, not including magazine or documentary programs.
(i) Filming Activity shall mean the staging, shooting, filming, videoing, photographing,
or other similar process conducted for the making of still photographs, motion pictures, television programs, music videos, commercials, and other commercial and non-theatrical productions.
(j) Studio shall mean a fixed place of business where filming activities are regularly
conducted on the premises. (k) Film Permit shall mean the written authorization from the City of Flowery Branch
Business Office to conduct the filming activity outlined in the permit.
Sec. 51.3. – Permit Required
Except as otherwise provided in Sec. 51-4., it shall be unlawful for any person to engage in filming activity as defined in Sec. 51-1 any place in the city-limits of Flowery Branch, other than an established studio as defined in Sec. 51-1 or within an enclosed structure, without a City of Flowery Branch film permit.
Sec. 51.4. – Exceptions The following are not required to obtain a permit:
(a) Noncommercial filming or videotaping activities conducted solely for private or family use;
(b) Film activity conducted for use in a criminal investigation or civil or criminal court
proceeding;
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(c) Film activity conducted for news purposes as defined in Sec. 51.2; (d) Film activity conducted for education, government, and public access and local
origination for public television or public cable or public internet channels within the State of Georgia;
(e) Non-profit 501c tax exempt organizations and other governmental agencies if their
film project is not for commercial use; (f) Any film activity deemed by the City Council of Flowery Branch to be in the public
interest.
Nothing in this chapter shall limit the right of the City to suspend film activity otherwise excepted when deemed necessary for the protection of the public health, safety and general welfare, or when such activity poses an immediate hazard to persons and/or property. Sec. 51.5 – Application Review and Permit Conditions
(a) Before granting a film permit, the Business Office shall review the application and shall consult with all relevant City and County officials as deemed necessary to ensure the health and safety of the citizenry of Flowery Branch.
(b) Conditions deemed necessary by the Business Office to ensure the health, safety, and
general wellbeing of the general public may be placed on any film permit. Conditions may include (but are not limited to) the following: 1. Requirements regarding the presence of government employees, such as police or fire
at the permittee’s expense; 2. Requirements regarding traffic control, such as the placement of traffic control
devices and signs at the permittee’s expense; 3. Requirements regarding clean up and restoration of property used in the film activity
at the permittee’s expense; 4. Restrictions regarding the use of firearms and noise creating and/or hazardous
devices; 5. Restrictions regarding stunts involving the use of pyrotechnics, vehicle crashes, and
other hazardous activities and/or materials; 6. Requirements regarding partial or full nudity in public places; 7. Restrictions regarding the time of the film activity; 8. Requirements regarding the notification to nearby businesses and/or residences.
Sec. 51.6 – Fees The fee for permits issued pursuant to the chapter shall be an application fee of $100.00 and a permitting fee of $100.00 per day or as may be adjusted from time to time considering the duration and scope of any particular project. The applicant shall pay such fee upon delivery of the application to the Business Office. The estimated cost of reimbursement for government personnel and equipment shall be paid at the time of permit issuance. Should the actual cost of
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governmental personnel and equipment exceed the estimated cost, the permit holder may be invoiced for the difference. Sec. 51.7 – Insurance The applicant shall provide the business Office with evidence of insurance for general liability and covering any liability of the permittee, permittee’s lessees, and any State or local government authorities. The insurance policy shall be in an amount not less than one million dollars or such higher amount as determined by the Business Office to be appropriate to protect against foreseeable risks for bodily and personal injury liability and property damage arising from or in connection with the film activity. Sec. 51.8 – Liability and Indemnification The permittee shall hold harmless, indemnify, and defend all State and local governments and their officers, employees, and agents from and against any and all losses, claims, or judgements for damages to any person or property arising from the film activity or issuance of the film permittee. Sec. 51.9 - Permit Revocation The Business Office may revoke the film permit if the permittee, or any agents, employees, volunteers, or contractors of the permittee fail to comply with the permit conditions and requirements, or if it is determined after issuance that the permit application is false or inaccurate in any way. The Business Office shall provide the permittee with the grounds for revocation in writing or via e-mail within a reasonable time of determining the basis for revocation. Sec. 51.10 – Permit Suspension Any permit issued shall be subject to immediate suspension by the Business Office if it is found necessary for the protection of the public health, safety, or general welfare. Sec. 51.11 – Appeals The applicant or permittee may appeal a permit denial, revocation, or suspension. The appeal shall be filed with the Business Office and shall be no later than five business days prior to the next officially scheduled City Council meeting. The appeal shall be heard by the City Council and their decision shall be final. Sec. 51.12 – Unlawful Conduct Not Sanctioned The granting of a permit does not absolve the permittee or its agents from complying with all Federal, State, and local laws, other than for conduct expressly described in the application and not subject to a condition or requirement of the permit/ For example, the permit may allow stunts that include speeding on a roadway that would otherwise be illegal.
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider the First Reading of Ordinance 543 - Rezoning 0 Radford Road - Bowen Property
COUNCIL MEETING DATE: February 15, 2018
HISTORY:Staff has met with Mr. Bowen and his associates to discuss the possible rezoning of a 21.34 +/- acre property fromAgriculture to Planned Unit Development for the purpose of building a single family subdivision.
FACTS AND ISSUES:Attached site plan and initial ordinance for City Council review.
OPTIONS:N/A
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve first reading
SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 543 - Rezoning 0 Radford Road - Bowen Property
COLLABORATING DEPARTMENT:
DEPARTMENT: Planning
Prepared by: Melissa McCain
ATTACHMENTS 17055-500 Site Plan-Site Plan.pdf ORDINANCE.pdf
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PREPARED FOR:
PROJECT NAME:
TASK:
PROJECT INFORMATION:
Project Name
Project Number
Project Address
Land Lot No.(s)
District
County, State
DA
TE
RE
VIS
ION
No
.
PROJECT No.DATE
CHECKED
DRAWN
DESIGN SCALE
SHEET
1 2 3 4 5 6 7 8 9
5074 BRISTOL INDUSTRIAL WAY
SUITE A
BUFORD, GEORGIA 30518
(770) 271-2868
www.dpengr.com
surveycivil sanitary transportation
Development Planning
& Engineering, Inc.
MB REGIONALENTERPRISES, LLC.
5072 BRISTOL IND. WAYSUITE A
BUFORD, GA. 30518
GAINESVILLE STREET TRACT
17-055
GAINESVILLE STREET
99
8th
FLOWERY BRANCHHALL COUNTY, GA.
KWB
01/29/18
AS SHOWN
17-055
1 of 1
GRID
NOR
THGA
WES
T ZO
NE
DEVELOPMENT SUMMARY
VICINITY MAP - N.T.S.
PROPOSED MAIL KIOSK
PROPOSED PEDESTRIANACCESS TO COMMERCIALOUTPARCEL
4' BERM WITH EVERGREENBUFFER PLANTING 10' O.C.
EVERGREEN BUFFERPLANTING 10' O.C.
4' BERM WITH EVERGREENBUFFER PLANTING 10' O.C.
EVERGREEN BUFFERPLANTING WHERESPARSELY VEGETATED
SMALL ENTRANCE MONUMENTFOR BACK ENTRANCE
MAIN ENTRANCE MONUMENTAND LANDSCAPING
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Public Hearing Published 01/31/2018 First Reading 02/15/2018
Public Hearing 02/15/2018 Adopted 03/01/2018
ORDINANCE NO. _____
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FLOWERY
BRANCH, GEORGIA, BY ZONING A TRACT OF REAL PROPERTY TO PLANNED
UNIT DEVELOPMENT (PUD). THE PROPERTY IS A 21.34+/- TRACT OF LAND
IDENTIFIED AS TAX PARCEL 08099 000006. SAID PROPERTY IS CURRENTLY
ZONED AGRICULTURAL (A). SUBJECT PROPERTY IS SHOWN ON ATTACHED
EXHIBIT “A” AND LEGALLY DESCRBED ON ATTACHED EXHIBIT “B” AND
SHALL BE SUBJECT TO ALL CONDITIONS SET FORTH AND SHOWN ON
ATTACHED EXHIBIT “C”; PROVIDING FOR FINDINGS, SEVERABILITY,
REPEALING CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL
PURPOSES.
WHEREAS, McCrary Family Partnership owns all that tract or parcel of land totaling 21.34+/-
acres identified as Parcel Tax Identification No. 08099 000006; Parcel is shown on Exhibit “A”,
and as legally described on Exhibit “B”; and
WHEREAS, specific conditions shall be placed on subject parcel as shown on attached exhibit
“C”; and
WHEREAS, the City Council of the City of Flowery Branch has considered the application of
MB Regional Enterprises in conjunction with the standards set forth in Article 34 - Section 34.7
of Zoning Ordinance No. 348 of the City of Flowery Branch, Georgia; and
WHEREAS, the City Council held a public hearing at the meeting of February 15, 2018 duly
noticed as prescribed by law and published in the Gainesville Times, regarding said application,
as shall be set forth in the minutes of said meeting.
NOW THEREFORE, THE COUNCIL OF THE CITY OF FLOWERY BRANCH DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council finds that the proposed rezoning from Flowery Branch A (Agricultural) to
Flowery Branch PUD (Planned Unit Development) is consistent with the adopted standards for
governing the exercise of the zoning power consistent with O.C.G.A. § 36-66-5 and requirements
of the Zoning Ordinance as identified below.
1. The proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property.
2. The proposal is not expected to adversely affect the existing use or usability of adjacent
or nearby property.
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3. The property could be used in accordance with the existing regulations and has a
reasonable economic use as currently zoned A; however, an alternative use is
appropriately considered.
4. The development if approved and constructed is not expected to result in a use which will
or could cause an excessive or burdensome use of existing streets, transportation
facilities, utilities, or schools.
5. The proposal is in conformity with the policy and intent of the comprehensive plan and
the character area map and future land use plan map.
6. The proposal is considered appropriate in view of existing use(s) and zoning of the
subject property and nearby properties.
7. No determination has been made by staff with regard to the value differential between
development under the current zonings as opposed to PUD.
8. A proposed development will not be a deterrent to the value or improvement of
development of adjacent property in accordance with existing regulations.
9. There are no known adverse effects that would result from the change in zoning district
map, or change in use, on the character of a zoning district.
10. Development as proposed is not expected to impact on the environment, including but not
limited to, drainage, soil erosion and sedimentation, flooding, air quality and water
quality. Compliance with city subdivision and land development regulations will be
required, which include but are not limited to soil erosion and sedimentation, stormwater,
and flood damage prevention.
SECTION 2. LEGAL DESCRIPTION AND CONDITIONS.
The rezoning of the subject parcel, as shown on Exhibit “A” and as legally described in Exhibit
“B”, from Flowery Branch A (Agricultural) to Flowery Branch PUD (Planned Unit Development).
Conditions as set forth in Exhibit “C”. Said Exhibits are incorporated by reference as if fully set
forth herein.
SECTION 3. AMENDMENT OF THE ZONING MAP.
This Ordinance is enacted as an amendment to the Zoning Map of Flowery Branch, Georgia.
Accordingly, the Zoning Administrator is hereby authorized to update the Official Map consistent
with Article 3 of the Zoning Ordinance.
SECTION 4. SEVERABILITY.
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Should any section or provision of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE.
The effective date of this Ordinance shall be upon adoption by the City Council of the City of
Flowery Branch, Georgia.
SECTION 6. REPEALER.
All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the
conflict.
Adopted this 1st day of March 2018.
___________________________
James M. Miller, Mayor
ATTEST
________________________________
Melissa McCain, City Clerk
APPROVED AS TO FORM
________________________________
E. Ronald Bennett, Jr., City Attorney
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Attachment “A”
Attachment “B”
All that tract or parcel of land lying and being in Land Lot 99 of the 8th District, Flowery Branch, Hall
County, Georgia and being more particularly described as follows:
To find THE TRUE POINT OF BEGINNING, begin at the intersection of the southerly right-of-
way of McEver Road having an 80’ right-of-way width with the westerly right-of-way of Radford Road
having a 55’ right-of-way, said point being THE TRUE POINT OF BEGINNING.
THENCE along said right-of-way of Radford Road for the following three (3) courses and
distances:
THENCE South 29 degrees 22 minutes 25 seconds East a distance of 304.05 feet to a point;
THENCE along a curve to the left for an arc length of 411.06 feet, having a radius of 512.71 feet,
being subtended by a chord bearing South 52 degrees 20 minutes 28 seconds East, for a distance of
400.14 feet to a point;
THENCE South 75 degrees 18 minutes 32 seconds East a distance of 94.64 feet to a point;
THENCE South 59 degrees 14 minutes 16 seconds West a distance of 636.67 feet leaving said right-
of-way to a point;
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THENCE South 59 degrees 04 minutes 46 seconds West a distance of 822.79 feet to a point;
THENCE along said right-of-way of Gainesville Street for the following nine (9) courses and
distances:
THENCE along a curve to the left for an arc length of 797.83 feet, having a radius of 769.90 feet,
being subtended by a chord bearing of North 10 degrees 40 minutes 24 seconds West, for a distance of
762.61 feet to a point;
THENCE North 40 degrees 21 minutes 37 seconds West a distance of 67.50 feet to a point;
THENCE North 49 degrees 42 minutes 37 seconds East a distance of 10.94 feet to a point;
THENCE North 40 degrees 17 minutes 23 seconds West a distance of 95.00 feet to a point;
THENCE North 49 degrees 42 minutes 37 seconds East a distance of 17.00 feet to a point;
THENCE North 40 degrees 17 minutes 23 seconds West a distance of 65.00 feet to a point;
THENCE South 49 degrees 42 minutes 37 seconds West a distance of 17.00 feet to a point;
THENCE North 40 degrees 17 minutes 23 seconds West a distance of 30.00 feet to a point;
THENCE North 11 degrees 07 minutes 33 seconds East a distance of 43.30 feet to a point located on
the southerly right-of-way of McEver Road having a 80’ right-of-way;
THENCE along said right-of-way for the following two (2) courses and distances:
THENCE North 74 degrees 21 minutes 29 seconds East a distance of 872.32 feet to a point;
THENCE along a curve to the left for an arc length of 155.42 feet, having a radius of 1,223.74 feet,
being subtended by a chord bearing of North 70 degrees 42 minutes 11 seconds East, for a distance of
155.32 feet to a point, said point being THE TRUE POINT OF BEGINNING.
The above described tract of land contains 21.335 acres more or less.
Attachment “C”
1. Site
A. Layout of project shall generally adhere to the submitted plan
B. 67 single family units
C. Landscape plan shall be submitted prior to final plat
D. Individual lots shall show landscaping at time of permit
E. Street trees shall be planted with root barriers
F. Roads and alleyways shall be public
G. Water and sewer shall be provided by the City of Flowery Branch
2. Home Design
A. Homes shall significantly adhere to submitted renderings
B. If submitted architectural plans are rejected by staff applicant may request a public hearing to
allow City Council to render judgement on the plans appropriateness
C. Driveways shall be a minimum of 23’ from back of sidewalk
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D. Lots 1, 2 and 54-67 shall have front porches; porches shall have a minimum depth of 6’ and a
minimum length of 10’
3. Outparcel
A. Part of the PUD and shall be zoned as such
1) No gas stations will be allowed on this site
2) All commercial uses other than retail, office, or food service shall require a conditional
use permit
B. Developed separately and subservient to the residential portion of the PUD
1) Separate landscape plan with dense buffer abutting residential portion of the PUD
2) Layout of building must be approved
3) Materials must be consistent with subdivision
4) Pedestrian access to the subdivision shall be provided
5) Sign plan for entire development must be submitted and approved by staff
a. Design style
b. Location of all signs
c. No lighted or animated signs shall face the residential subdivision
6) Lighting plan must be submitted and approved by staff
7) Dumpster must be fully enclosed, and materials must be consistent with primary structure
4. Major and Minor PUD Changes
A. Major shall include
1) Change in unit number of 3 or more
2) Reduction in setback greater than 5 feet (homes must always be 10’ apart from one
another regardless of setback)
3) Any change deemed major by staff
B. Minor shall include
1) Change in unit number of 2 or less
2) Reduction in setback less than 5 feet
3) Approved TAD funds allocated for on site improvements
4) All other changes deemed non-major by Staff
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65
FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider Ordinance 545 - Amendment to the Zoning Code to include Alcohol Definitions and Locations.
COUNCIL MEETING DATE: February 15, 2018
HISTORY:Upon review of the zoning ordinance certain aspects regarding alcohol sales and definitions needed clarification.
FACTS AND ISSUES:There currently is not a definition in the zoning ordinance for "package store" or "growler"; therefore, neither are listed onthe use chart. The proposed changes address both these issues.
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve the first reading
SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 545 - Amendment to the Zoning Code to include AlcoholDefinitions and Locations.
COLLABORATING DEPARTMENT:
DEPARTMENT: Planning
Prepared by: Melissa McCain
ATTACHMENTS Alcohol.pdf
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1
STATE OF GEORGIA
COUNTY OF HALL
CITY OF FLOWERY BRANCH
Public Hearing Published ______________ First Reading ______________
Public Hearing ______________ Passed ______________
ORDINANCE NO. _____
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
FLOWERY BRANCH, GEORGIA, ORDINANCE NO. 348, AS AMENDED, TO AMEND
ARTICLE 2, “DEFINITIONS AND INTERPRETATIONS;” BY ADOPTING AND
ADDING A DEFINITIONS FOR “PACKAGE STORE” AND “GROWLER” TO
SECTION 2.1“USE DEFINITIONS”; TO AMMEND ARTICLE 9, “NON RESIDENTIAL
ZONING DISTRICTS” BY ADDING “PACKAGE STORES” TO TABLE 9.1
“PERMITTED AND CONDITIONAL USES IN NONRESIDENTIAL ZONING
DISTRICTS”AS AN INHERENTLY PERMITTED USE IN THE HB (HIGHWAY
BUSINESS) AND NS (NEIGHBORHOOD SHOPPING) ZONING DISTRICTS; TO
AMMEND ARTICLE 9, “NON RESIDENTIAL ZONING DISTRICTS” BY ADDING
“GROWLER” TO TABLE 9.1 “PERMITTED AND CONDITIONAL USES IN
NONRESIDENTIAL ZONING DISTRICTS”AS AN INHERENTLY PERMITTED USE
IN THE HB (HIGHWAY BUSINESS) CBD (CENTRAL BUSINESS DISTRICT) AND NS
(NEIGHBORHOOD SHOPPING) ZONING DISTRICTS; TO AMMEND ARTICLE 14,
“SPECIFIC PROVISIONS FOR PRINCIPAL NONRESIDENTIAL BUILDINGS AND
USES”, BY ADDING SECTION 14.14, ENTITLED “PACKAGE STORES”; BY
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE;
REPEALING CONFLICTING ORDINANCES; AND FOR ALL OTHER LAWFUL
PURPOSES.
WHEREAS, the Zoning Ordinance of the City of Flowery Branch, Georgia, authorizes the
amendment of the text of the City of Flowery Branch Zoning Ordinance by the City Council; and
WHEREAS, the Zoning Administrator is authorized, pursuant to Section 33.2 of the Zoning
Ordinance, to initiate an amendment to the zoning ordinance for consideration by the City Council;
and
WHEREAS, it is desirable and necessary to provide up to date ordinances; and
WHEREAS, the City has complied with the Zoning Procedures Law and the requirements of
Article 33 of the Zoning Ordinance with regard to text amendments, including the holding of an
advertised public hearing; and
WHEREAS, the proposed amendment to text of the zoning ordinance is found by City Council to
be consistent with the overall zoning scheme and adopted Zoning Ordinance, consistent with the
City’s adopted comprehensive plan, and consistent with other applicable plans adopted by the City;
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. CHANGES TO ORDINANCE Article 2, "Definitions and Interpretations”" is
amended by adding a new definition for "Package Store", to Section 2.1 “Use Definitions”, to
read as follows:
Package Store: A retail establishment that sells beer, wine, and/or liquor in sealed containers for
off-site consumption.
Article 2, "Definitions and Interpretations" is amended by adding a new definition for "Growler",
to Section 2.1 “Use Definitions”, to read as follows:
Growler: A retail establishment that sells beer in a bottle made of glass or other material
customary to the industry that is sealed on the premises.
Article 9, “Nonresidential Zoning Districts” by adding “Package Store” to Table 9.1, “Permitted
and Conditional Uses in Nonresidential Zoning Districts” as an inherently permitted use in the
HB (Highway Business) and NS (Neighborhood Shopping) zoning districts.
Article 9, “Nonresidential Zoning Districts” by adding “Growler” to Table 9.1, “Permitted and
Conditional Uses in Nonresidential Zoning Districts” as an inherently permitted use in the HB
(Highway Business), CBD (Central Business District), and NS (Neighborhood Shopping) zoning
districts.
Article 14, “Specific Provisions for Principal Nonresidential Buildings and Uses” by adding
section 14.14 “Package Store”. Package stores shall meet all requirements set forth by the City of
Flowery Branch Code of Ordinances and in addition shall comply with the following:
(a) No new package store shall be allowed to operate within 2,640 feet (.5 miles) of an
existing, legally established, package store. Distance shall be calculated from the store
front and shall extend in every direction. It is the responsibility of the property owner or
business owner to provide proof that this condition is being met at the time of
occupational tax license application submittal.
Example:
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(b) No package store may operate within one hundred (100) yards of a legally established
church or religious institution. It is the responsibility of the property owner or business
owner to provide proof that this condition is being met at the time of occupational tax
license application submittal.
(c) No package store may operate within two hundred (200) yards of any legally established
school building, educational building, school grounds, or college campus. It is the
responsibility of the property owner or business owner to provide proof that this
condition is being met at the time of occupational tax license application submittal.
SECTION 2. SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
SECTION 3. EFFECTIVE DATE.
The effective date of this Ordinance shall be upon approval by the City Council of the City of
Flowery Branch, Georgia.
SECTION 4. REPEALER.
All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of
the conflict.
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Approved this ____ day of ________, 2018.
___________________________
James “Mike” Miller, Mayor
ATTEST
________________________________
Melissa McCain, City Clerk
APPROVED AS TO FORM
________________________________
E. Ronald Bennett, Jr., City Attorney
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