Minutes Content
MINUTES
CLARKSTON CITY COUNCIL
Wednesday, March 28, 2007, 6:00 P. M.
Officials Present: Mayor: Lee Swaney
Council: Wayne Foster, Joyce Wade, Hien Nguyen, Rosemarie Nelson, Karen Feltz
City Attorney: Jack Rhodes
City Clerk: Tracy Ashby
Public Hearing
Mayor Swaney called the meeting to order at 6:00 PM.
Mayor Swaney opened the public hearing to discuss the proposed draft zoning ordinance.
Holly Shiver stated the purpose of tonight’s hearing is to discuss the zoning ordinance before it goes into the adoption process to allow citizen input and comment. The process of rewriting the zoning ordinance was undertaken to adjust and correct some of the portions that are antiquated in the old zoning ordinance. She stated that the new ordinance is designed to be more user friendly and has resulted from the input of the LCI Study, the Comprehensive Plan and from the Zoning Steering committee. Ms. Shiver gave an overview of the updates and changes in the new zoning ordinance. She discussed the draft zoning map and provided copies for citizens to review. She stated the next steps in the process are to hold two public hearings to read the ordinance so this meeting would be the last opportunity to makes changes prior to adopting the ordinance.
Jack Rhodes asked if the changes he requested had been made. She stated yes that those adjustments which were text corrections for clarification and legal adjustments. Jack Rhodes complimented Holly and Dan Cohen on the zoning ordinance. Rosemarie Nelson asked Mr. Rhodes to explain what changes he had requested to the council. Mr. Rhodes stated that in section 310 the provision stated a property owner may, with the consent of Zoning and Review, withdraw his petition. He stated that in his experience there is often times great compromise between developers and homeowners that takes place and he felt they should be able to withdraw up until they come before the Council. In section 322 for penalties and violations he changed the ordinance to be in compliance with State law. Section 613 which dealt with dumpsters and he made it subject to the new ordinance we recently passed. In section 703 there was no provision to allow convenience stores and they discussed where to allow those. The remaining changes were typographical corrections.
Mayor Swaney asked the council for any comments or questions and there were none.
Mayor Swaney opened the meeting for public comment.
Jan Gardner questioned on page three, Article three section 301 which stated that the zoning enforcement officer shall be called the building inspector and shall be the mayor or the mayor’s designee. She felt it should not be the mayor. Mr. Rhodes stated in the Charter the Mayor is the executive head of the City and will designate that position.
Emanuel Ransom asked if the code enforcement officer could be stated in the ordinance. Ms. Shiver explained there are differences in the duties and responsibilities for a code enforcement officer and zoning enforcement officer.
Warren Hadlock asked, with regard to section 1102, if they were going to provide for a lighting expert and who would that be. He read, “lighting shall be designed so as not to reflect onto or cause glare onto any adjacent residential district.”
[6:28 P.M. - Councilwoman Karen Feltz arrived to the meeting]
Mr. Rhodes said the full architectural plans will specify the lighting and the City has a standard that specifies it is non-glare lighting that would not reflect. Ms. Shiver explained that the Planning and Development committee and Zoning and Review committees can, as an administrative function, adopt and specify their standard, when the applicants come before them. Mr. Hadlock asked if this lighting issue also applied to nature preserves and Ms. Shiver said yes.
Karen Feltz stated the term non glare is not an effective term and what they should specify is appropriate materials and fixtures. It was clarified that the ordinance stated the lighting was not to cause glare and that the committees could adopt the standards appropriate to govern the lighting. Rosemarie Nelson said that if the language is what is commonly used in other ordinances then it shouldn’t be changed.
Karen Feltz asked if the administrative section 301 had been addressed and Rosemarie Nelson said yes.
Theodros Hailegiorgis questioned if this was the final draft or would it be revised. Holly Shiver stated this is the final draft which was presented on February 27, at the first public hearing between now and the first read of the ordinance is the last chance to make changes but they would have to be approved and agreed upon by the City Council. He questioned that on the zoning map it showed his property as residential. Wayne Foster explained that his property was rezoned to R/O. Jack Rhodes explained he will be a non-conforming use and as long as he maintains the current use he can occupy and use the property as it is currently zoned. If he sells the property and the next owner continues the same use the non-conforming R/O will remain. If the property is expanded or the use is abandoned then it would change to the new zoning designation of NR3. There was discussion on the commercial zoning classifications possible for this location but Ms. Shiver noted that this would be the spot zoning the council was moving away from. Mr. Hailegiorgis was concerned that the new zoning map would show his property as a residential zoning and not the R/O that it was rezoned to. Ms. Shiver asked if Mr. Hailegiorgis planned to continue the current use of his property into the future. He said yes and Ms. Shiver stated that he is allowed to continue using the property at its current use as long as it is not expanded or changed. Ms. Shiver asked if he was concerned with selling the property. Mr. Hailegiorgis said he may sell the building as he didn’t know what was going to happen in the future. It was explained that there will be various types of legal non conforming as a result of the new zoning map and unless the council chose to review and change the map parcel by parcel and start over the zoning ordinance process, that the council and staff would need to have clear procedures for protecting legal non conforming use properties. Joyce Wade asked Mr. Rhodes if once the new zoning map goes into effect, will DeKalb County be notified. Mr. Rhodes stated yes that DeKalb County would be notified and he noted there were several properties he could see would also be a non conforming use. He said as long as the use of the property is not changed or expanded or the buildings don’t burn down, the current use of the property would continue. Mr. Rhodes told Mr. Hailegiorgis that this effectively does change the zoning of his property, just as it has changed the zoning on many other properties. Mr. Hailegiorgis stated that on 4292 E. Ponce de Leon he had demolished the building and questioned what could he do with the property? Ms. Shiver said the new zoning goes into effect when it is adopted and he would not be able to change after that point. Ms. Shiver discussed that under the present zoning ordinance and the new zoning ordinance if a person rezones a property and they do not take substantial action to improve or do anything to warrant having been given that zoning within a certain period of time then it reverts to the previous zoning. She said under the new zoning ordinance it is a twelve month period. She clarified that once someone gets a rezoning they cannot sit on the property but must have a purpose and make progress toward the constructing or reuse of the property. Wayne Foster asked if it would be possible for Mr. Hailegiorgis to begin construction before the council votes on the new zoning ordinance. Ms. Shiver said if he got a building permit prior to the adoption of the new ordinance then he would have a window of time which would be based on the current ordinance. Mr. Hailegiorgis stated that was not the intention of this council when they voted and that was not the intention of the Planning and Zoning commission when they voted. Mr. Rhodes said that may have been Mr. Hailegiorgis’ intention but the City Council did not waive the one year provisions in the Code and that the Code has always provided that if you change the zoning and you do not occupy and use that property according to new zoning within one year it reverts back to the old zoning. Mr. Hailegiorgis replied he has moved his office there. Mr. Rhodes said they are discussing the vacant lot and if he does not develop the vacant lot within a year it will go back to residential. Mr. Hailegiorgis detailed the history of rezoning his property and felt this was not clear. Ms. Shiver said it is the responsibility of the applicant to know what you are asking for and what your responsibilities are once it is granted. She said the information has always been written down and available for public information. Karen Feltz asked if the zoning ordinance is on the website and the City Clerk said yes. Hein Nguyen asked if Mr. Hailegiorgis made an application would that qualify for his intent to start his business. Mr. Rhodes said he could apply for a building permit, get the building permit approved and he would have one year to begin construction of the building and must progress toward finishing, he would not be able to start and then stop and not complete or the permit would be pulled. Ms. Shiver addressed the Council that the intent of this hearing is to discuss the new zoning ordinance, the time limits of the building regulations, permits and rezoning have not changed so unless there is a question that is specific to this ordinance or the council directs them to make a change on the map that this matter may be better handled administratively. Mr. Hailegiorgis asked if he was in compliance as he is using the other property as a parking lot. Mr. Rhodes said he thought if it was improved by paving it then yes he would be in compliance. But if he came back and wanted to change the parking lot and build a building on it he would be changing the scope of the non-conforming and could not do that. Mr. Hailegiorgis asked if he could build in the next twelve months. Mr. Rhodes said he had to get the building permit before the new zoning ordinance goes into effect.
Mayor Swaney asked for any other public comments.
There were no further public comments and the public hearing was closed.