HomeMy WebLinkAbout08-20-2012-PacketPage 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Lance Large
Monday, August 20, 2012 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Reverend Rob Wood, St. Aidan’s Episcopal Church, Alpharetta, Georgia
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 12-197)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the August 6, 2012 Regular Council Minutes.
(Agenda Item No. 12-198)
(Sudie Gordon, City Clerk)
2. Approval of Financial Statements for the Period Ending July, 2012.
(Agenda Item No. 12-199)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 20, 2012
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
3. Approval of a Contract Renewal between the City of Milton and ADP for Payroll,
Human Resources Information Systems, and Timekeeping Management.
(Agenda Item No. 12-200)
(Sam Trager, Human Resources Director)
4. Approval of a Change Order to the Professional Services Agreement between the City of
Milton and Precision Planning, Inc. to Provide Architectural Design Services for the City
of Milton Public Safety Facility.
(Agenda Item No. 12-201)
(Carter Lucas, Public Works Director)
5. Approval of a Professional Services Agreement between the City of Milton, Georgia and
Universal Engineering Services, Inc. for Phase I Environmental Site Assessment (ESA)
for a 7.06 acre tract on Hopewell Road.
(Agenda Item No. 12-202)
(Carter Lucas, Public Works Director)
6) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing the Milton High School Future Business Leaders of America
Chapter 1134.
(Presented by Mayor Joe Lockwood)
7) FIRST PRESENTATION
8) PUBLIC HEARING (None)
9) ZONING AGENDA
1. RZ12-06/VC12-03 – Deerfield Parkway by Crescent Resources, LLC to rezone from C-
1 (Community Business) and O-I (Office Institutional) to A (Medium Density
Apartments) to develop a total of 256 residential units at an overall density of 12 units per
acre. The applicant is also requesting the following concurrent variance: To encroach
into the 25 foot non-impervious setback by no more than 5,000 square feet [Section 20-
426(2)].
(Agenda Item No. 12-141)
(First Presentation at June 4, 2012 Regular Council Meeting)
(Deferred at June 18, 2012 Regular Council Meeting)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 20, 2012
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
2. RZ12-11 – To Amend Article XVI, Signs as it Relates to Moving Signs and Replacing
the Current Name “Crabapple Crossroads Overlay District Signs” to “Crabapple Form
Based Code Overlay District Signs”.
(Agenda Item No. 12-189)
(First Presentation at August 6, 2012 Regular Council Meeting)
(Kathleen Field, Community Development Director)
3. RZ12-12 – To Amend Section 64-2371 to Create Permit Expiration Standards for Land
Disturbing Activities.
(Agenda Item No. 12-190)
(First Presentation at August 6, 2012 Regular Council Mee ting)
(Kathleen Field, Community Development Director)
10) UNFINISHED BUSINESS
1. HD12-01 – Approval of an Ordinance for Historic Designation of the Property Located at
12560 Hopewell Road (The Hardeman Store).
(Agenda Item No. 12-191)
(Joint Public Hearing Held July 16, 2012)
(First Presentation at August 6, 2012 Regular Council Meeting)
(Kathleen Field, Community Development Director)
11) NEW BUSINESS (None)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 12-203)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: August 20, 2012 City Council Meeting
Agenda Item: Financial Statements for Period 10 –July 2012
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Revenue collections for the General Fund are 4.8% higher than anticipated for the tenth period
of the fiscal year.
Total expenditures to‐date are $15,139,334 and are 4.2% less than expected for this period of
the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project‐by‐project basis. With a total
project expenditure budget of $10,577,056, capital expenditures‐to‐date total $2,248,143.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $15,505
Sidewalk Replacement Fund: Balance: $80,308
1 of 9
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending July 2012
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Property Tax 7,834,327 16,967 16,050 917 387,646 384,327 3,319
Motor Vehicle Tax 550,000 49,598 45,833 3,765 423,764 412,500 11,264
Intangible Tax 180,000 17,926 15,000 2,926 169,178 135,000 34,178
Real Estate Transfer Tax 37,000 5,465 3,083 2,382 32,365 27,750 4,615
Franchise Fees 1,700,000 321,269 255,000 66,269 1,341,061 1,360,000 (18,939)
Local Option Sales Tax 3,825,000 350,999 318,750 32,249 2,990,223 2,868,750 121,473
Alcohol Beverage Excise Tax 275,000 27,595 22,917 4,679 220,404 206,250 14,154
Business & Occupation Tax 540,000 2,748 - 2,748 591,324 540,000 51,324
Insurance Premium Tax 1,500,000 - - - - - -
Financial Institution Tax 32,795 - - - 32,795 32,795 -
Penalties & Interest 36,105 2,235 1,700 535 47,510 34,880 12,630
Alcohol Beverage Licenses 140,000 - - - 134,550 134,400 150
Other Non-Business Permits/Licenses 11,700 770 975 (205) 9,676 9,750 (74)
Zoning & Land Disturbance Permits 26,350 700 2,196 (1,496) 29,790 21,958 7,831
Building Permits 225,000 22,897 18,750 4,147 233,416 187,500 45,916
Other Charges for Service 432,190 36,957 32,034 4,923 375,352 333,492 41,860
Municipal Court Fines 451,000 43,768 37,583 6,184 418,319 375,833 42,486
Interest Earnings 15,000 15 1,250 (1,235) 13,392 12,500 892
Contributions & Donations 5,875 - 490 (490) 5,875 4,896 979
Other Revenue 96,146 1,495 4,012 (2,517) 48,653 80,122 (31,468)
Other Financing Sources 34,000 4,942 4,167 775 9,931 8,333 1,598
Total Revenues 17,947,488 906,346 779,790 126,556 7,515,226 7,171,036 344,190
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Mayor and Council 193,051 6,643 12,231 (5,588) 126,090 136,356 (10,266)
Clerk of the Council 227,406 12,312 16,397 (4,085) 169,901 182,249 (12,348)
City Manager 294,937 15,630 18,774 (3,144) 239,336 242,286 (2,949)
General Administration 39,110 (610) 3,259 (3,869) 30,144 32,592 (2,448)
Finance 495,873 12,875 33,154 (20,279) 367,290 395,033 (27,742)
Legal 260,000 16,224 21,667 (5,442) 160,294 151,667 8,627
Information Technology 535,557 31,399 37,764 (6,365) 448,771 456,853 (8,082)
Human Resources 250,165 10,233 18,087 (7,855) 182,025 193,655 (11,631)
Ri k M t 191 500 37 790 15 958 21 831 153 008 159 583 (6 575)
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
Risk Management 191,500 37,790 15,958 21,831 153,008 159,583 (6,575)
General Government Buildings 525,439 590 1,458 (868) 435,484 439,653 (4,168)
Public Information & Marketing 90,910 2,838 6,147 (3,309) 68,312 71,462 (3,150)
Municipal Court 237,454 7,689 17,903 (10,215) 172,119 188,814 (16,696)
Police 2,880,211 120,398 221,972 (101,574) 2,186,604 2,325,154 (138,550)
Fire 4,289,443 168,292 341,718 (173,425) 3,291,815 3,488,236 (196,421)
EMS Operations 140,988 11,021 11,749 (728) 110,208 117,490 (7,282)
Public Works 1,574,116 61,988 129,461 (67,474) 1,117,680 1,276,367 (158,687)
Parks & Recreation 384,035 16,630 19,069 (2,439) 248,622 282,948 (34,326)
Community Development 820,629 28,792 61,161 (32,369) 621,096 655,993 (34,898)
Debt Service - Capital Lease Payment 807,311 - - - 807,310 807,310 -
Operating Transfers to Other Funds 5,418,181 587,325 587,325 - 4,203,225 4,203,225 -
Operating Reserve 100,000 - - - - - -
Total expenditures 19,756,316 1,148,058 1,575,256 (427,198) 15,139,334 15,806,927 (667,592)
Net Income/(Loss)(1,808,828) (241,712)(7,624,108)
Fund Balance - Beginning 9,295,628
Fund Balance - Ending 1,671,520
2 of 9
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee 4,000$ 4,000$ -$ 1,034$ (2,966)$
Earth Day Vendor Fee 240 240 - 1,270 1,030
Interest Revenues 100 100 5 56 (44)
Milton Roundup Sponsor 12,000 12,000 - 3,000 (9,000)
Earth Day Sponsor - - - 1,750 1,750
Concert Sponsor 1,500 1,500 - - (1,500)
Donations/Better World Books - - - 81 81
T-shirt Sales 250 250 - 169 (81)
Mayor's Run Reg. Fees 5,240 5,240 - 2,229 (3,011)
Total revenues 23,330$ 23,330$ 5$ 9,589$ (13,741)$
EXPENDITURES
Current:
Special Events 86,280$ 86,280$ 830$ 68,294$ 17,986$
Total Expenditures 86,280$ 86,280$ 830$ 68,294$ 17,986$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 30,000$ 30,000$ -$ 30,000$ -$
Total other financing sources and uses 30,000$ 30,000$ -$ 30,000$ -$
Net change in fund balances (32,950)$ (32,950)$ (28,705)$
Fund balances - beginning 62,563
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2012
gg
Fund balances - ending 33,859$
3 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds/US Marshal - 2,361 16,819 16,819
Cash Confiscations/HIDTA - -
Interest Revenues/State Funds - - 45 45
Interest Revenues/Federal Funds - 15
Realized Gain on Investments/State Funds - - -
Budgeted Fund Balance - - - -
Total revenues -$ 2,361$ 16,880$ 16,864$
EXPENDITURES
Current:
Police -$ 1,836$ 10,117$ (10,117)$
Total Expenditures -$ 1,836$ 10,117$ (10,117)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 6,763$
Fund balances - beginning 89,270
Fund balances - ending 96,033$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2012
4 of 9
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 700,000$ 779,486$ 138,071$ 603,322$ (176,164)$
Interest Revenue - 680 63 613 (67)
Total revenues 700,000$ 780,166$ 138,135$ 603,934$ (176,232)$
EXPENDITURES
Current:
Public Safety 681,400$ 761,566$ 238,500$ 755,174$ 6,392$
Total Expenditures 681,400$ 761,566$ 238,500$ 755,174$ 6,392$
OTHER FINANCING USES
Unallocated 18,600$ 18,600$ -$ -$ (18,600)$
Total other financing sources and uses 18,600$ 18,600$ -$ -$ (18,600)$
Net change in fund balances -$ -$ (151,240)$
Fund balances - beginning 604,821
Fund balances - ending 453,581$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2012
5 of 9
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 30,096$ 30,096$ -$ 16,777$ (13,319)$
Bulletproof Vest Program - 760 - 761 1
Byrne-JAG Grant - 14,618 - 14,618 -
GDCC Mini Grants - 16,031 - 8,131 (7,900)
FRESH Grant - 3,770 - 3,770 0
Interest Revenues - - - 10 10
Total revenues 30,096$ 65,275$ -$ 44,068$ (21,207)$
EXPENDITURES
Current:
General Administration 3,350$ 19,381$ 583$ 13,960$ 5,421
Police - 15,378 - 34,384 (19,006)
Fire 133,760 133,760 - 91,849 41,911
Parks & Recreation - 3,770 493 3,760 10
Total Expenditures 137,110$ 172,289$ 1,076$ 143,954$ 28,335$
Excess of revenues over expenditures (107,014) (107,014) (1,076) (99,886) 7,128
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 103,664$ 103,664$ -$ 63,357$ (40,307)$
Total other financing sources and uses 103,664$ 103,664$ -$ 63,357$ (40,307)$
Net change in fund balances (3,350) (3,350) (36,529)
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2012
Fund balances - beginning 10,671
Fund balances - ending (25,858)$
6 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 40,000$ 4,942$ 39,931$ (69)$
Total revenues 40,000$ 4,942$ 39,931$ (69)$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund 10,000$ 4,942$ 9,931$ (69)$
Transfers out to Special Events Fund 30,000 - 30,000 -
Total other financing sources and uses 40,000$ 4,942$ 39,931$ (69)$
Net change in fund balances - -
Fund balances - beginning -
Fund balances - ending -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2012
7 of 9
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 65,000$ 65,000$ 10,845$ 41,369$ (23,631)$
Sidewalk Replacement Account - - - - -
Crabapple Paving Fee - 8,400 - 9,450 1,050
Tree Recompense - 3,500 - 3,500 -
Landfill Host Fees 100,000 80,000 23,916 62,154 (17,846)
HYA Fees 16,500 16,500 - 7,363 (9,138)
Interest Revenue 2,000 2,000 692 6,465 4,465
Realized Gain or Loss on Investments 2,000 2,000 - - (2,000)
Insurance Proceeds/Public Works - - - - -
Atlanta HIDTA Stipend - 3,000 - 1,500 (1,500)
Capital Lease Proceeds 144,000 - - - -
Total revenues 329,500 180,400$ 35,452$ 131,800$ (48,600)$
EXPENDITURES
Capital Outlay
City Council 225,000$ 237,706$ 2,718$ 89,938$ 147,768$
IT 49,317 49,317 - 37,913 11,404
Police 343,057 346,057 2,300 226,471 119,586
Fire 548,214 550,246 1,731 94,626 455,620
Public Works 6,403,095 6,411,495 306,886 1,061,202 5,350,293
Parks & Recreation 1,772,730 2,806,730 189,541 681,129 2,125,601
Community Development 292,005 175,505 2,390 56,864 118,641
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2012
Total Capital Outlay 9,633,418$ 10,577,056$ 505,567$ 2,248,143$ 8,328,913$
Excess of revenues over expenditures (9,303,918) (10,396,656) (470,115) (2,116,343) (8,377,513)
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 3,505,688$ 4,587,389$ 508,480$ 3,570,428$ (1,016,961)$
Unallocated (106,441) - - - -
Total other financing sources and uses 3,399,247 4,587,389 508,480 3,570,428 (1,016,961)
Net change in fund balances (5,904,671) (5,809,267) 1,454,085
Fund balances - beginning 5,809,267
Fund balances - ending 7,263,353$
8 of 9
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
GDOT HPP Funds 3,195,498$ 3,195,498$ 38,854$ 135,418$ (3,060,080)$
LCI Funds 100,000 200,000 - 73,200 (126,800)
GA Urban Forestry Grant 20,000 20,000 - - (20,000)
MARTA Grant 321,326 321,326 - 90,000 (231,326)
Interest Revenues - 1,500 205 1,554 54
Total revenues 3,636,824$ 3,738,324$ 39,060$ 300,172$ (3,438,152)$
EXPENDITURES
Capital Outlay
Public Works 5,163,448$ 5,163,448$ 6,250$ 206,939$ 4,956,509$
Community Development 139,000 259,000 - 134,000 125,000
Total Capital Outlay 5,302,448$ 5,422,448$ 6,250$ 340,939$ 5,081,509$
Excess of revenues over expenditures (1,665,624) (1,684,124) 32,810 (40,767) 1,643,357
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 570,696$ 727,128$ 78,844$ 569,439$ (157,689)$
Total other financing sources and uses 570,696$ 727,128$ 78,844$ 569,439$ (157,689)$
Net change in fund balances (1,094,928) (956,996) 528,672
Fund balances - beginning 956,996
Fund balances - ending 1,485,668$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31, 2012
9 of 9
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted on August 9, 2012, for the August 20th, 2012 Regular Council Meeting
Agenda Item: Approval of a Contract Renewal between the City of Milton and ADP for Payroll,
Human Resources Information Systems, and Timekeeping Management.
Discussion
Currently the City of Milton uses ADP for payroll processing, HRIS, and timekeeping for all
employees. Their software allows the city to efficiently process payroll, track employee
information, manage open enrollment changes, oversee vacation and sick leave usage and also
allows employees to enter timesheets and personal data into the system.
Funding and Fiscal Impact
The proposed contract is for $33,921 per year and will be effective for 2 years with no increase
for year two beginning August 20, 2012.
Legal Review
Paul Higbee, Jarrard & Davis, LLP – July 20, 2012
Concurrent Review
Chris Lagerbloom, City Manager
10 TH4
Current Proposed $$$ Change % Change
$33,920.91 $33,920.91 $0.00 0.0%
Code Name Current Proposed $$$ Change % Change
10 TH4 City Of Milton $15,985.11 $15,985.11 $0.00 0.0%
8G TH4 City Of Milton $13,546.80 $13,546.80 $0.00 0.0%
8Y TH4 City Of Milton $4,389.00 $4,389.00 $0.00 0.0%
Requested by: L. Rowe
Created 07/05/2012
Annual Grand Totals
0030 Major Accounts - Southeast Service Center
Page 1 of 7
Major Accounts - Southeast Service Center Company Name:City Of MiltonAutopay IIProduct - Code:Current PricingTotal Annual Cost Before Discount(s):Current Discount %:Total Annual Cost with Discount(s):* Discount % is only applied to discountable items indicated with a symbol$15,985.11$15,985.11j10 TH4 Feature Description SCNStartDateProd Tier Min Base Rate Units FeatureCosts Annual Billings AnnualCost Disc Base Charge F00002 1/17/200710 1-- -1-26 -Courier DeliveryF00009 1/17/200710 1- 21.80 - 121.80 26 566.80New Hires F00017 1/17/200710 1-- -3-26 -Pays - First 50 Pay(s)F00022 1/17/200710 5040.35 - 6.10 50305.00 26 7,930.00Pays - After 50 Pay(s)F00022 1/17/200710 99999-- 2.65 87230.55 26 5,994.30Check SigningF00031 1/17/200710 1-- - 137-26 -Labor Distribution F00043 1/17/200710 1-- - 137-26 -New Hire Reporting Service F00064 7/18/200710 1-- -2-26 -Total Tax Plus F00101 1/17/200710 1-- - 137-26 -ADPiPayStatements F00140 1/17/200710 1-- - 137-26 -iReports F00141 1/17/200710 1-- - 137-26 -Payroll Quickview F00145 1/17/200710 1-- - 137-26 -Portal with CM F00295 8/11/201110 1-- - 137-26 -24 Hr. Service F00301 1/17/200710 1-- - 137-26 -PlPllTlPF005591/17/2007101126Paperless Payroll TotalPayF005591/17/2007101-- -1-26-WGPS Service F00620 8/25/201110 1-- 3.95 13.95 26 102.70WGPS Payments F00621 8/25/201110 1-- -1-26 -CheckView Processing Fee F00771 1/17/200710 1-- - 137-26 -Benefit Accruals F00808 5/9/200710 19.85 - 0.13 13717.81 26 463.06Workforce Now Payroll Migration F0083A 8/11/201110 1-- - 137-26 -Workforce Now Essential Time F0084D 7/28/201110 1-- - 137-26 -TotalPay Service F00886 1/17/200710 1-- - 163-26 -WFN PCM TrackingF0099A 8/11/201110 1-- - 137-26 -Workforce Now Migration TrackingF0099B8/11/2011101137-26-Workforce Now Migration TrackingF0099B8/11/2011101-- -137-26-VACATION ACCRUAL REPORT R00951 5/7/200810 1-- - 151-26 -SICK ACCRUAL REPORT R00951 5/7/200810 1-- - 151-26 -IRX(HR On-Demand)-bundle feature F0010A10 1-- ---12 -External Paydata Interface F00116 2/19/200710 1-- -1-12 -Data Exchange F00121 2/19/200710 1-- -1-12 -PQV NetF00224 2/16/200710 1-- -1-12 -ADP ReportingF00243 7/13/201110 1-- - 148-12 -Self Service F00481 8/12/201110 1-- - 137-12 -CheckView Monthly FeeF007702/19/2007101---1-12-CheckView Monthly FeeF007702/19/2007101 112Workforce Now Expanded HRBenefits F0084C 8/11/201110 1-- - 137-12 -Quarterly/W2 DeliveryF00011 1/17/200710 1- 18.00 - 118.00 4 72.00W2/Year End Statements F00053 1/17/200710 175.00 - 6.25 137856.25 1 856.25Total Before Discount:1,453.36 15,985.11 Discount:- - Total After Discount:1,453.36 15,985.11 Price Analysis created 07/05/2012(C) Automatic Data Processing - Confidential Information
Major Accounts-Southeast Service CenterCompany Name:City Of MiltonADP HR/BENEFITS SOLUTIONProduct - Code:Current PricingTotal Annual Cost Before Discount(s):Current Discount %:$13,546.80Major Accounts Southeast Service Center 8G TH4Total Annual Cost with Discount(s):* Discount % is only applied to discountable items indicated with a symbol Feature Description SCNStartDateProd Tier Min Base Rate Units FeatureCosts Annual Billings AnnualCost Disc HR/Benefits Advanced SolutionF000328/8/20118G115912$13,546.80HR/Benefits Advanced SolutionF000328/8/20118G1-- -159-12-Workforce Now Expanded HRBenefits F0084C 8/8/20118G 1-- 7.10 1591,128.90 12 13,546.80Total Before Discount:1,128.90 13,546.80 Discount:- - Total After Discount:1,128.90 13,546.80 Price Analysis created 07/05/2012(C) Automatic Data Processing - Confidential Information
Major Accounts-Southeast Service CenterCompany Name:City Of MiltonADP TLM - ezLaborManagerProduct - Code:Current PricingTotal Annual Cost Before Discount(s):Current Discount %:$4,389.00Major Accounts Southeast Service Center 8Y TH4Total Annual Cost with Discount(s):* Discount % is only applied to discountable items indicated with a symbol Feature Description SCNStartDateProd Tier Min Base Rate Units FeatureCosts Annual Billings AnnualCost Disc ezLaborManager SoftwareF000227/19/20118Y17712$4,389.00ezLaborManager SoftwareF000227/19/20118Y1-- -77-12-Timesheet Module F00023 7/19/20118Y1-- -1-12 -Workforce Now Essential Time F0084D 7/19/20118Y1238.00 - 4.75 77365.75 12 4,389.00Total Before Discount:365.75 4,389.00 Discount:- - Total After Discount:365.75 4,389.00 Price Analysis created 07/05/2012(C) Automatic Data Processing - Confidential Information
Client Information:Case Number:
Client Name:Effective Date:
Service Center:0030
Parent Company Code:TH4 Expiration Date:
Requested By:- Rel Spec
Related Company Codes:N/A
Contact Information:
Contact:Phone:Address:
City:State:GA Zip:30004
ADP, Inc. ("ADP") is pleased to provide ("Client") with a guaranteed price agreement covering the Client's ADP services for the
next months, subject to the terms and conditions set forth in this agreement. This agreement encompasses all listed codes and any future codes that may
be added under the above listed parent code. In consideration of the mutual agreements set forth below, ADP and Client agree as follows:
1) Price Increase: For the next month period commencing with the effective date of , ADP will increase
prices per the schedule below on Payroll, TLM, and HR processing services provided to Client ("Services").
Increase %
No Increase
No Increase
Items Specifically excluded from this agreement are delivery, reverse wire fees, jurisdiction fees, maintenance fees and year-end services. In the month following the completion of the
guaranteed price period, Client's prices will be subject to the same annual price increases as ADP applied to it's other clients of similar size and product utilization.
2) Guaranteed Term: As consideration for the month guaranteed price period, Client agrees to purchase the services for a
minimum guaranteed term of twenty-four months commencing with the effective date, and thereafter. Client's agreement to purchase the services shall remain in effect
until cancelled by Client or ADP with ninety days prior written notice. For the purpose of this agreement "Guaranteed Term" shall mean the Initial Term plus any Renewal Term
under section 4 below.
3) Early Termination Fee: If Client terminates this agreement to purchase services prior to the Expiration Date, Client agrees to pay ADP an early
termination fee of of average monthly processing fees for the Services (based on the average of the of the last three full months of processing prior
to the date of termination). Following the month guanteed price period, if Client terminates this agreement to purchase Services on less than
4). Renewal:This agreement shall automatically renew for successive terms equal to the Initial Term (each a Renewal Term
unless Client notifies ADP in writing at least 30 days prior to expiration of the then current Term of its intention not to renew.
The Price increase on Services shall not exceed 3.5% over the previous year's fees.
Name:Ben Pastorello Name:
Signature:Signature:
Title:Finance Executive Title:
Date Date:
13000 Deerfield Pkwy Suite 107A
Milton
AUTOMATIC DATA PROCESSING, INC.
GUARANTEED
TWENTY-FOUR MONTH
PRICE AGREEMENT
Alekx Aneiros
20810735
City of Milton, Georgia 8/20/2012
8/20/2014
NOTE: ONLY THE DIVISION VICE PRESIDENT OR FINANCE EXECUTIVE OF THE AFFECTED REGION IS AUTHORIZED TO EXECUTE THIS PRICE AGREEMENT ON BEHALF OF
ADP.
City of Milton, Georgia
three months
twenty-four
ninety days' written notice, Client agrees to pay ADP for the Services through the end of the ninety day notice period (based on average monthly processing fees for the Services described in the
preceding sentence. If Client fails to pay early termination fee or other amounts due hereunder, Client shall reimburse ADP for any expenses incurred, including interest and reasonable attorney fees, in
collecting amounts due to ADP herunder that are not under good faith dispute by the client.
City of Milton, Georgia
twenty-four 8/20/2012
Sam Trager 678-242-2516
ADP Representative
8/20/2012
Increase Date
8/21/2013
THE ADP SERVICES COVERED BY THIS AGREEMENT ARE PROVIDED IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT(S) BETWEEN
CLIENT AND ADP COVERING THE SPECIFIC SERVICES. THIS AGREEMENT SUPPLEMENTS AND DOES NOT SUPERSEDE ANY OF THOSE TERMS AND CONDITIONS. THIS
AGREEMENT IS NOT VALID UNLESS SIGNED BY BOTH PARTIES.
twenty-four
twenty-four
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: August 10, 2012
Council
Meeting Date: August 16, 2012
Agenda Item: Approval of a Change Order to the Professional Services Agreement between
the City of Milton and Precision Planning, Inc. to Provide Architectural
Design Services for the City of Milton Public Safety Facility
Discussion:
In November 2011 the City of Milton entered into a professional services agreement for the
programming and design on the City of Milton Public Safety Facility. When Precision Planning,
Inc. was selected to perform this work the contract was based on the development of a 29,000 sf
facility with the understanding that the programming effort would define the final needs of the
city. The original contract was in the amount of $324, 980. The project programming effort has
determined that the required size of the facility to meet the needs of the users is 39,935 sf. This
change order is to reflect the additional design work needed for the increased size of the facility.
Staff is recommending approval of the Professional Services Agreement Change Order with
Precision Planning, Inc. in the amount of $121,070.
Legal Review:
Professional Services Agreement– Paul Higbee, Jarrard & Davis on 08/10/2011
Attachments:
1. Professional Services Agreement Change Order
CHANGE ORDER # 1
TO THE
PROFESSIONAL SERVICES AGREEMENT WITH PRECISION PLANNING, INC.
FOR ARCHTECHTURAL SERVICES RELATED TO THE HIGHWAY 9 PUBLIC
SAFETY FACILITY
WHEREAS, the City of Milton, Georgia and Precision Planning, Inc. have
entered into a certain Professional Services Agreement (11-RFQ01) dated November 7, 2011
(the “AGREEMENT”), incorporated herein by reference, for the provision of professional
services; and
WHEREAS, the parties desire, pursuant to Section 2 of the AGREEMENT, to
issue this Change Order # 1 to the AGREEMENT, it being to the mutual benefit of all parties to
do so, as set forth herein for the reasons and consideration set forth herein.
NOW THEREFORE, the parties hereto agree to change the AGREEMENT as
follows:
Item 1.
The not to exceed phase compensation amounts referenced in Section 8 of the
AGREEMENT are replaced with the following not to exceed phase compensation amounts:
Pre Design/Schematic Design/Contractor Procurement $68,010
Construction Documents/Permitting $242,885
Construction Administration $135,155
Total Compensation (not to exceed) $446,050
Item 2.
Exhibit “B” to the AGREEMENT is amended by adding the following to the Architects
Proposal:
It is further agreed by the parties hereto that all of the other terms and conditions of the
Agreement and the AGREEMENT, including all unamended portions, shall remain in full force
and effect other than as modified herein. Upon execution by all parties, this Change Order # 1
shall be attached to and form a part of said AGREEMENT.
IN WITNESS WHEREOF, the Parties have caused this Change Order # 1 to be executed and
sealed as of this, the ____ day of _________________, 2012.
CITY OF MILTON, GEORGIA
_______________________________ By:_____________________________________
Witness
Title:___________________________________
(CORPORATE SEAL)
_______________________________
Notary Public
My Commission Expires:
_______________________________
(NOTARY SEAL)
Precision Planning, Inc.
_______________________________ By:_____________________________________
Witness
Title:___________________________________
_______________________________
Notary Public
My Commission Expires:
_______________________________
(NOTARY SEAL)
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: August 10, 2012
Council
Meeting Date: August 16, 2012
Agenda Item: Approval of a Professional Services Agreement between the City of Milton,
Georgia and Universal Engineering Sciences, Inc. for a Phase I Environmental
Site Assessment for a 7.06 acre tract on Hopewell Road
Discussion:
In July 2012 the city placed a 7.06 acre tract on Hopewell Road, identified as Parcel 2 on the
survey, under contract for purchase. Under our normal course of due diligence a Phase I
Environmental Site Assessment (ESA) is recommended. The Phase I assessment is intended to
provide background information to determine if some use or condition may have existed on the
site that may warrant further environmental evaluation.
Staff is recommending approval of the lump sum professional services agreement with
Universal Engineering Sciences, Inc. in the amount of $1,500.
Legal Review:
Professional Services Agreement – Paul Higbee, Jarrard & Davis on 7/24/2012
Financial:
Funding for this project is available in Parks & Recreation Land Acquisition & Park Enhancement
budget
Attachments:
1. Professional Services Agreement
i"City of Milton
PROFESSIONAL SERVICES AGREEMENT
7.06 ACRE TRACT (PARCEL 2) LOCATED ON HOPEWELL ROAD
PHASE I ENVIRONMENTAL SITE ASSESSMENT
This Agreement made and entered into this day of July, in the year 2012, by and between The
City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at
13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Universal Engineering Sciences, Inc.
("Consultant") having its principle place of business at 3040 Business Park Drive, Suite F, Norcross, Georgia
34471.
WHEREAS, the City of Milton will require certain professional public works services for the evaluation
of the 7.06 acre tract located on Hopewell Road and identified as Parcel 2 in Exhibit A; and
WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts
of $30,000.00 or less; and
WHEREAS, the City has determined that this Agreement constitutes such professional services;
NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties
agree as follows:
1.0 Scope of Work; Compensation
The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein
by reference, for the compensation described therein and below. No payments will be made for unauthorized
work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval.
Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered.
City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's
certification that the services were actually performed and costs actually incurred in accordance with this
Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be
paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work,
setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus
charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a
lump sum fee not to exceed $1,500 (the "Contract Price") without prior written approval from the City:
Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in
the event it cannot perform the Work within the budgetary limitations established without disregarding sound
principles of Consultant's industry, Consultant will give written notice thereof immediately to the City.
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2.0 Independent Contractor
2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or
representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all
permits, license or approvals that may be necessary for the performance of the services.
2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has
the authority to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not
to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to
do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose
stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the
Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent
of the City.
3.0 Indemnification
The Consultant covenants and agrees to take and assume all responsibility for the services rendered in
connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly
resulting to it on account of the performance or character of the services rendered pursuant to this Agreement.
Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and
appointed officials, employees and agents from and against any and all claims, suits, actions, liability,
judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result
of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or
operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or
sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether
or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person described in this provision. In any and all claims against the City or
any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or
indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -
consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or for the
Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or
other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents,
employees and volunteers shall survive termination of this Agreement.
4.0 Insurance
Cl ) Requirements:
The Consultant shall have and maintain in full force and effect for the duration of this
Agreement, insurance insuring against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Work by the
Consultant, its agents, representatives, employees or sub -consultants. All policies shall be
subject to approval by the City Attorney to form and content. These requirements are
subject to amendment or waiver if so approved in writing by the City Manager.
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(2) Minimum Limits of Insurance:
Consultant shall maintain limits no less than:
(a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for
bodily and personal injury, sickness, disease or death, injury to or destruction of property,
including loss of use resulting there from.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,400
combined single limit per occurrence for bodily and personal injury, sickness, disease or
death, injury to or destruction of property, including loss of use resulting there from.
(c) Professional Liability of $1,000,000 limit for claims arising out of professional services
caused by the Consultant's errors, omissions, or negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia and employers
Liability limits of $1,000,000 per accident.
(3) Deductibles and Self -Insured Retentions:
Any deductibles or self-insured retentions must be declared to and approved by the City.
(4) Other Insurance Provisions:
The policy is to contain, or be endorsed to contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City, its officials, employees, agents and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on behalf of
the Consultant; products and completed operations of the Consultant; premises
owned, leased, or used by the Consultant; automobiles owned, leased, hired, or
borrowed by the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officials, employees, agents or
volunteers.
(ii) The Consultant's insurance coverage shall be primary noncontributing insurance
as respects to any other insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any insurance or self-insurance
maintained by the City, its officials, employees or volunteers shall be excess of
the Consultant's insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees, agents or volunteers.
(iv) Coverage shall state that the Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
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(v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable
in addition to policy limits. There shall be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City, its officials,
employees, agents and volunteers for losses arising froze work performed by the
Consultant for the City.
(vii) All endorsements to policies shall be executed by an authorized representative of
the insurer.
(b) Workers' Compensation Coverage.
The insurer will agree to waive all rights of subrogation against the City, its officials, employees,
agents and volunteers for losses arising from work performed by the Consultant for the City.
(e) All Coverages.
(i) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Aceeptabiliiy_of Insurers:
Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANIL
(6) Verification of Covera e:
Consultant shall furnish the City with certificates of insurance and endorsements to the policies
evidencing coverage required by this clause prior to the start of work. The certificates of
insurance and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf The certificate of insurance and endorsements shall be
on a form utilized by Consultant's insurer in its normal course of business and shall be received
and approved by the City prior to execution of this Agreement by the City. The City reserves the
right to require complete, certified copies of all required insurance policies, at any time. The
Consultant shall provide proof that any expiring coverage has been renewed or replaced at least
two (2) weeks prior to the expiration of the coverage.
(7) Sub -consultants:
Consultant shall include all sub -consultants as insured under its policies or shall furnish separate
certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be
subject to all of the requirements stated in this Agreement, including but not limited to naming
the parties as additional insured.
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(8) Claims -Made Policies:
Consultant shall extend any claims -made insurance policy for at least six (6) years after
termination or final payment under the Agreement, whichever is later.
(9) City as Additional insured and Loss Payee:
The City shall be named as an additional insured and loss payee on all policies required by this
Agreement.
5.0 Term; Termination
The term of this Agreement shall be from the date of the issuance of a written Notice to Proceed to the
completion of the work or December 31, 2012, whichever comes first. The work described herein shall be
completed within 45 calendar days from the Notice to Proceed. The City may terminate this Agreement upon a
breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such
breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may
terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such
termination to Consultant.
6.0 Compliance with All Laws and Licenses
The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The
Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its
performance under this Agreement.
7.0 Assignment
The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of
Milton's prior written consent.
8.0 Amendments in Writing
No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized
representatives of the parties.
9.0 Expertise of Consultant
Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that
the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite
capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and
competent completion of the Work undertaken by Consultant under this Agreement.
10.0 Governing Law
This Agreement shall be governed in all respects by the laws of the State of Georgia.
S
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11.0 Interpretation of Documents
In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions
most favorable to the City shall govern.
12.0 Entire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter
contained herein; all prior agreements, representations, statements, negotiations, and undertakings are
suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained
herein.
13.0 Wainer of Agreement
The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be
construed as a general waiver of any future breach or default.
14.0 Sovereign Immunity
Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any
individual's qualified good faith or official immunities.
15.0 Notices
All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be
deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the
postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual
delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless
a substitute address shall first be furnished to the other Parties by written notice in accordance herewith:
NOTICE TO THE CITY shall be sent to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
Scott Thomson, PE
Universal Engineering Sciences
3040 Business Park Dr, Suite F
Norcross, Georgia 34071
16.0 No Personal Liability
No member, official or employee of the City shall be personally liable to the Consultant or any successor in
interest in the event of any default or breach by the City or for any amount which may become due to the
Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's
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performance of services under this Agreement shall not subject Consultant's individual employees, officers or
directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit
shall be directed and/or asserted only against Consultant or the City, respectively, and not against any
employee, officer, director, or elected or appointed official.
17.0 Employment of Unauthorized Aliens Prohibited
(1) E -Verify Affidavit
It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts
involving the physical performance of services. Therefore, the City shall not enter into a contract for the
physical performance of services within the State of Georgia unless the Contractor shall provide evidence on
City -provided forms, attached hereto as Exhibits "B" and "C" (affidavits regarding compliance with the E -
Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-
71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a
verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the
social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of
all employees who will perform work on the City contract to ensure that no unauthorized aliens will be
employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized
affidavit, the form of which is provided in Exhibit `B", and submitted such affidavit to City. In the event the
Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the
Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with
O.C.G.A. § 13-10-91 and Rule 300-10-1-,02 by the subcontractor's execution of the subcontractor affidavit, the
form of which is attached hereto as Exhibit "C", and such subcontractor affidavit shall become part of the
contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "C" to
the City within five (5) business days of receipt from any subcontractor.
The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's
and Contractor's subcontractors' verification process at any time to determine that the verification was correct
and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their
respective verification process for a period of three (3) years following completion of the contract.
The City Manager or his/her designee shall further be authorized to conduct periodic inspections to
ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By
entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with
any such investigation by making their records and personnel available upon reasonable notice for inspection
and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an
unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland
Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the
contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby.
Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor's
compliance with the requirements of O,C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the
execution of the contractor's affidavit, attached hereto as Exhibit "B" and incorporated herein by this reference.
The above requirements shall be in addition to the requirements of State and federal law, and shall be
construed to be in conformity with those laws.
(2) SAVE Affidavit and Secure Verifiable Document
Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document
evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit,
including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement,
executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to
O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "D", and submitted such affidavit to the
City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this
Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City
either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor
verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the
Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly
authorized officers as of the day and year set forth next to each signature.
[SIGNATURES ON THE FOLLOWING PAGE]
''� �prya1Mimn
SIGNED, SEALED, AND DELIVERED
in the rence of:
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Attest: AWr Secretary
' ate-P/f ,) 4,;lC7
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Notary Public
[NOTARY SEAL]
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SIGNED, SEALER, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
Universal Enginceri
Signature:
NovFitf�7 -t<'e-aVF'
[AFFIX CORPORATE SEAL]
CITY OF MILTON:
By:
Its:
[CITY SEAL]
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SEAL
1966
9
EXT]"IT "A"
SCOPE OF WORK
Provide professional engineering services related to geotechnical and environmental evaluations for a 7.06 acre
tract of land located (Parcel 2) on Hopewell Road, Milton, Georgia. Those services are more fully described as
follows;
TASK 1— Phase I Environmental Site Assessment (ESA)
The objective of the Phase 1 ESA is to provide an independent, professional
opinion regarding recognized environmental conditions (RECs) associated with
the referenced property. Specifically, we will use American Society for
Testing and Materials Standard E 1527-05, Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process as a guideline. The following tasks will be completed during
the assessment:
• Interview key site personnel, as available, regarding current and
previous uses of the property, particularly activities involving hazardous
materials and wastes.
• Investigate historical use of the property by examining locally available
aerial photographs and other readily available historical information (e.g., fire
insurance maps, city directories).
• Review property records (e.g., Tax Assessors Office) to ascertain previous
ownership and historical property use, to the extent these records are
available. This may not result in a 50 year chain -of -title.
• Document information available on general geology and topography of the
property, local groundwater conditions, sources of water, power, and sewer,
and proximity to ecologically sensitive receptors (e.g., streams).
• Conduct an onsite walkthrough inspection of the property for visual
evidence of potential environmental concerns including:
-- Existing or potential soil and water contamination, as evidenced
by soil staining, discoloration, stressed vegetation, or indications of
waste dumping/burial;
-- Pits, ponds, or lagoons;
Containers of hazardous substances or petroleum products;
-- Electrical equipment that may contain polychlorinated biphenyls (PCBs),
such as electrical transformers and capacitors;
-- Underground storage tanks (USTs);
-- Aboveground storage tanks (ASTs);
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n
�( rcay of Mie,
-- Suspect asbestos containing materials (ACM). Readily accessible
suspect AGM will be listed and condition noted. No bulk material
samples will be collected.
• Review readily available information with respect to radon gas potential.
• Perform a property line visual assessment of adjoining property for
evidence of potential environmental conditions that may affect the subject
property.
Identification of wetland conditions, protected species and habitat, and
cultural and archeological resources will be evaluated by the review of the
National Wetlands Inventory, National Historic Register, and U.S. Fish &
Wildlife databases. If UES determines from the review of the
aforementioned databases that suspect wetlands, protected species, and
cultural and archeological resources exist at the site, UES will make
the appropriate recommendations in the Phase I ESA Report for further
evaluation.
Review a commercial database summary of federal and state regulatory
agency records pertinent to the site and properties within ASTM
recommended search distances, including (1) the National Priorities List
(NPL) and the Comprehensive Environmental Response Compensation
and Liability Information System (CERCLIS) inventory maintained
by USEPA, (2) inventories of known or suspected sites of
environmental impairment maintained by state and local regulatory
authorities, and (3) underground storage tank registration inventories
maintained by state and local regulatory authorities.
In order to qualify for one of the Landowner Liability Protections (LLPs) offered
by the Small Business Liability Relief and Brownfields Revitalization Act
of 2001 (the Brownftlds Amendments'}, the user must provide the user
questionnaire to the environmental professional. Failure to provide this
information could result in a determination that "all appropriate inquiry' is
not complete. The user questionnaire is provided as an attachment to this
proposal.
The user is required to provide information regarding environmental liens.
The scope of the environmental cleanup lien search is limited to reasonably
ascertainable land title records.
Prepare a written report including work performed, findings,
conclusions, and recommendations for additional investigation (as
necessary) to evaluate identified R.ECs or business environmental risks that
may have an impact on site development.
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All that tricL or p:rxl of land Hing and laplMl 41 Land Urts TM N16 ifs of If1P'J"' fh5svlrs :P" wrini of Pith
r:nu'rry, Gcmrgia, WRIM the GtV 0 Muton, end being more Nrtl{L ady descriked aS fc1low, COMMERCIMG for
the is rd tet FLU lmn County Mir)if Me I-. 03a �V2 - Mhat) In ❑1e right-oFavav of Tnonpsan Road (W KrW) nanh of
it; lnurxedan with Sof Park Drive JAKA Huswwull Pa -J. Pwatl, 501/WI; Lhencr rur=1.1111 SW16 051405" WPSt a
distanrw of 173.91 low t ru it i"A' %Wr mind an the w eitrrn e Air &f %Yav ink of said Heil PD'i Dfwt, said UX'
Rebar bind the PAIN' Or, 3XQNNING for t1e tract Noel A described l thorce •Liar Rig alonr said 9101 Vark Urke
rigi«-«i•war 50001 00'29"04' Vr'ast, a LIIAdrke of 227.13 feel lu a puillt 1.50' m,. of a V2" Reaw Ftnlnd, Ihenta
roaring said BoAl. f',sk Orly and ruwiing akmR I end ncwa w formerlp of iLtgdrl 7 HOP-kf nS North 97'19'afW Vlesr, a
diftmntit Af M3.731'rt :cl a puie-L; Illi nme Sa3ah 45'15'1-V' VleO. a dlst"Ce of 391.103 feet W a 9I4" Upin lap Pipe
-uund as, die Und In tem keSs4eer. LaM Lets 534 arca 535; thence runnlrkg -abrg said Laid ,oc tine South
OrYt3125" Y'est. o dintanc 21124.69 lueL to a VXa" Giracrete iAorQllvtnt ro>1AL1: i-renee fannine along land now
ar ffrrov.rly o3 f 1 rad l q P4uoer0es No, 2. Ur- 50-uth 87'98'36' vde5l• a distance 0 2H1,!4 felt W a UCi nt. •2n th4
r•_n3rrrn ril{1a-clt'"G1V line of llplp&diYli LtSad {4U' Aa wext WWI 10.56 feet west of a 1 1/4' Upe--t 1 op Pipe Found
(Usti Lul Wed); Lhtsfrx run-riny niunq; wid F'.vycwwll Rud r �l ilvf'1 dy 710166 d cup r? W the rif hl fui 611 a M CUstaitLB of
21 2A fret, sail curve hawing t cfwrd bra r t1g trf Horth 15'47'28` !wt and a chord d15'lince of 21156 feet and a
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UL4 lri:srsd:tLga ca Lite easta n dot -0 -WW1 of said mooewtll load w1-1 to southern rlphiW-way of sal$
Thompson Roar; thcrtez Irving said Iloptwfeli riVaJ talld running SV Pn said TIX[ n1C5ti111 Pb.4 Fightaf-way 210110 a
:.ufvn to the riot icer ;in vrr said tL ivk have RC a tt.o�d bearinr of North 1'6'+TML' East arts
a r:Ratd dis:.anDe cf 300.10 feet and a radwi of 11766.57 feet to a 102" 3ebar Found; thence fearing :Cd
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fw to tM 30thT or DEoNtl INL•-.
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STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "B"
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has
registered with and is participating in a federal work authorization program, in accordance with the applicability
provisions and deadlines established in 0.C.G.A. § 13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with
the physical performance of services pursuant to this contract with the City of Milton, contractor will secure
from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor
Affidavit provided in Rule 300-10-01-.08 in the force provided by the City- Contractor further agrees to
maintain records of such compliance and provide a copy of each such verification to the City of Milton at the
time the subcontractor(s) is retained to perform such service.
EEV 1 Basic Pilot Program User Identification Number
Jlww
BY: Auth 'zed Officer or Agent Date 714
Universal Engin eying Sciences, Inc.
CF
Title of Authorized Officer or Agent. of Contractor
Printed Name of Authorized. Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THI&THE
DAY OF
.12012
Notary Public
My Commission
Expires:
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STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "C"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of
services under a contract with Universal Engineering Sciences, Inc. on behalf of the City of Milton has
registered with and is participating in a federal work authorization program, in accordance with the applicability
provisions and deadlines established in O.C.G.A. § 13-10-91.
EEV 1 Basic Pilot Program. User Identification Number
BY: Authorized Officer or Agent Date
[Insert Subcontractor Name]
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF .2012
Notary Public
My Commission Expires:
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STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "D"
SAVE AFFIDAVIT
By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-
1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a
public bene tt:
1 } I am a United States citizen.
2) 1 am a legal permanent resident of the United States,
3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien
number issued by the Department of Homeland Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal immigration agency
is:
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one
secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as;
In making the above representation under oath, I understand that any person who knowingly and willfully makes a false,
fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20,
and face criminal penalties as allowed by such criminal statute.
Executed in 1 f- tw rVV 4i6_ (city). r (state).
SijWaturdyof Applicant
t7r iwT
Printed Name of Applicant ^
C'F,0,ad 0�R P401 47t
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
`-� DAY OF ��V,201
0
NOTARY PUBLIC
My Commission Expir......O BORAHA. VAUGHN
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Recognizing the Milton High School Future Business Leaders of America Chapter
1134
WHEREAS, since its creation in 1940, the Future Business Leaders of America, or FBLA, has become
the largest and oldest student-run business organization in the United States, with
253,365 members, and;
WHEREAS, the Georgia chapters of FBLA, started in Hapeville High School in 1947 as chapter No.
83 and two years later state chapter No. 4, have more than 27,000 members, making it the
largest state chapter for the last decade, and;
WHEREAS, Milton High School’s FBLA chapter No. 1134 has contributed to the more than $300,000
raised in the last seven years by state chapters to the March of Dimes, and;
WHEREAS, in the last year, Milton High’s chapter adopted a local family and raised more than $200,
plus gifts, for them for Christmas, and;
WHEREAS, Milton High’s FBLA has boasted two regional officers, four members who competed at
regional competitions and two members who competed at state and national
competitions, and;
WHEREAS, Milton High’s FBLA helps develop responsible, competent and aggressive business
leadership in its members, and;
WHEREAS, the chapter encourages members in the development of individual projects which
contribute to the improvement of home, business, and community, and;
WHEREAS, the Milton High FBLA: develops character, prepares members for useful citizenship, and
fosters patriotism; encourages scholarship and promotes school loyalty; assists students in
establishment of occupational goals; and helps facilitate the transition from school to
work.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday,
August 20, 2012 as MILTON HIGH SCHOOL FUTURE BUSINESS LEADERS OF AMERICA DAY in
the City of Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 20th Day of August, 2012.
(Seal)
_______________________
Joe Lockwood
Mayor
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 1 of 30
R/A RZ10-05, ZM10-0 RZ99-11
PETITION NUMBERS
RZ12-06/VC12-03
Circle Deerfield
ADDRESS Deerfield Parkway
West Side for approximately 1,599 feet
DISTRICT, LAND LOT 2/2, 1113, 1114, 1047
OVERLAY DISTRICT Deerfield
EXISTING ZONING C-1 (Community Business) RZ10-05, U00-25
O-I (Office & Institutional) ZM10-01, RZ99-11, U99-08
PROPOSED ZONING A (Medium Density Apartments)
ACRES 21.368
EXISTING USE Undeveloped
PROPOSED USE 256 unit multi-family development
OWNER/PETITIONER Crescent Resources, LLC – Benjamin Collins
ADDRESS 227 West Trade Street
Charlotte, NC 28202
REPRESENTATIVE Nathan V. Hendricks III
ADDRESS 6085 Lake Forrest Drive, Suite 200
Atlanta, GA 30328
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
RZ12-06 – APPROVAL CONDITIONAL
VC12-03 – TO WITHDRAW
To rezone from C-1 (Community Business) and O-I (Office-Institutional) to A (Medium Density
Apartments) to develop a total of 256 residential units at an overall density of 12 units per
acre. The applicant is also requesting the following concurrent variance: To encroach into
the 25 foot non- impervious setback by no more than 5, 000 square feet (Section 20-426(2)).
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 2 of 30
R/A RZ10-05, ZM10-0 RZ99-11
PLANNING COMMISSION RECOMMENDATION – MAY 22, 2012
RZ12-06 – APPROVAL CONDITIONAL – 7-0
VC12-03 – TO WITHDRAW – 7-0
The Planning Commission recommended the following conditions be included in
the Recommended Conditions:
1) Buildings shall be substantially the same as the designs presented by the
applicant at the May 22, 2012 Planning Commission Meeting.
2) Tree save areas should be considered as often as possible in regards to
specimen trees.
3) Multi-purpose paths within the development shall meet the City’s trail
standards as to width.
MAYOR AND CITY COUNCIL RECOMMENDATION – JUNE 18, 2012
RZ12-06 – DEFER TO THE AUGUST 20, 2012 MEETING – 7-0
VC12-03 – DEFER TO THE AUGUST 20, 2012 MEETING – 7-0
The Mayor and City Council asked Staff to provide further information for the
following items:
1) Occupancy rates for the existing multi-family developments within the City
2) Vacancy rates for office uses within the City
3) City tax revenues for multi-family developments within the City
4) Which schools are impacted by existing multi-family developments
5) What other parcels are currently zoned or land use planned for multi-family
development available for development
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 3 of 30
R/A RZ10-05, ZM10-0 RZ99-11
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 4 of 30
R/A RZ10-05, ZM10-0 RZ99-11
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 5 of 30
R/A RZ10-05, ZM10-0 RZ99-11
REVISED SITE PLAN – June 6, 2012
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 6 of 30
R/A RZ10-05, ZM10-0 RZ99-11
REVISED SITE PLAN SUBMITTED AUGUST 9, 2012
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 7 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Subject Site
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 8 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Looking north on Deerfield Pkwy
Subject Site
Looking From Deerfield Parkway
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 9 of 30
R/A RZ10-05, ZM10-0 RZ99-11
SUBJECT SITE:
A 21.368 acre site currently zoned C-1 (Community Business) pursuant to RZ10-
05/U10-01 approved for a 72 bed assisted living facility and a 23,000 square foot
Special School. Within the same parcel, it is also zoned O-I (Office-Institutional)
pursuant to Z99-11 approved for retail, service commercial, and or office at a
maximum density of 19,191 square feet per acre. The O-I portion of the site was
approved for a 40,500 square foot data center pursuant to ZM10-03.
The site is currently undeveloped, wooded and contains an unnamed creek
which flows along the northeastern property line, eventually draining into Lake
Deerfield. There are two small areas of wetlands, one on the southwest property
line and the east property line which are not being disturbed and the site plan
provides the appropriate state and city buffers.
The property is part of the planned development of Deerfield, and is subject to
covenants of the development. The property is also subject to the Deerfield
Overlay District and within the recently approved Regional Activity Center, Hwy
9/GA 400 Master Plan, Livable Centers Initiative (LCI) Study.
Overview of the Applicant’s Request
Based on the applicant’s letter of intent received by the Community
Development Department on April 9, 2012 and subsequent revisions to the site
plan, the information below provides an overview of the applicant’s request for
the subject site:
Crescent Resources, LLC, which is the applicant and current owner of the entire
parcel, has requested the site be rezoned from C-1(Community Business) and O-
I (Office-Institutional) to A (Medium Density Apartments) to develop 256 multi-
family units. The 256 units will comprise of one and two bedroom units.* The
development will not be gated but provide inter-connectivity to adjacent
properties.
The Staff has encouraged the applicant to incorporate the recommended
concepts from the HWY 9/GA 400 Master Plan, Regional Activity Center into the
development. The current revised site plan dated August 9, 2012 incorporates
some of those concepts. The site plan shows the proposed connectivity to the
commercial properties to the west with a defined private road/driveway with
on-street parking. In addition, the applicant has shown open space to preserve
areas with significant trees in the central portion of the site. Lastly, there are
meandering multi-purpose paths throughout the project and to the commercial
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 10 of 30
R/A RZ10-05, ZM10-0 RZ99-11
development to the west and to the existing pedestrian sidewalks along
Deerfield Parkway.
The amenity areas are scattered on the site with the primary area toward the
south and east of the property which includes a clubhouse, pool, tennis courts
and three small pavilions along Deerfield for a potential “farmers market”. There
is an amphitheatre space and another amenity building toward the center of
the property. Residential buildings are primarily along the central roads with
parking located behind them that begins to form traditional town “blocks”.
INFORMATION REQUESTED BY CITY COUNCIL ON JUNE 18, 2012
Occupancy Rates for apartments/City tax revenues/school enrollment
Below is a breakdown of the apartment developments within the City. Data for
occupancy was collected by the Community Development Staff by calling
each apartment management office. Tax information was provided by the City
Finance Department. School attendance zones were collected from the Fulton
County Board of Education web site.
Apartment Development
/Year Built
Number
of units
Percent
Occupied
City Taxes
2011
Schools
2012/2013
North Park Estates (1997)
13201 Deerfield Pkwy
356 93% $42,948.02 Manning Oaks,
Hopewell,
Alpharetta
Camden Deerfield (1999)
13200 Deerfield Pkwy
292 95.5% $45,039.12
Cogburn
Woods,
Hopewell,
Cambridge
Villages of Devinshire
(1997)
13100 Deerfield Pkwy
(Majority are condominiums)
51 rental
units
100% N/A Manning Oaks,
Hopewell,
Alpharetta
Stoneliegh at Deerfield
(2003)
1800 Deerfield Point
(Off of McGinnis Ferry Rd)
370 96.8% $59,468.67 Manning Oaks,
Hopewell,
Alpharetta
The Preserve at Deerfield
(2001)
13125 Morris Road
636 96% $96,512.40 Manning Oaks,
Hopewell,
Alpharetta
Orion at Deerfield Village
(2001)
13085 Morris Road
554 95% $90,645.96 Manning Oaks,
Hopewell,
Alpharetta
2259
Total
96.05% Average $334,614.17
Total
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 11 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Below is a table with the student enrollment for all apartment complexes except
Villages of Devinshire. Lake Deerfield is included but is a townhome
development. Information was provided by the Fulton County Board of
Education Planning Department.
2011-12 School Year
NAME ES MS HS TOTAL
LAKE DEERFIELD
(Fee Simple Townhomes)
12 7 9 28
ORION AT DEERFIELD
VILLAGE
50 24 33 107
PRESERVE AT
DEERFIELD, THE
62 34 43 139
CAMDEN DEERFIELD 48 13 32 93
NORTHPARK ESTATES 28 14 15 57
STONELEIGH AT
DEERFIELD
36 20 17 73
Future multi-family development within the City
Based on the current 2030 City of Milton Future Land Use Plan Map there is only
one multi-family residential area within the City. It is located east of Morris Road
(behind Orion at Deerfield Village) and south of McGinnis Ferry Road that is
undeveloped A (Medium Density) apartment zoning but is undevelopable
based on the fact that it lies within the 100 year flood zone.
Staff notes that within the Zoning Ordinance there is a Use Permit for Senior
Housing (owner occupied) that permits up to 20 units per acre within a multi-
family zoning district (TR, R-6, A) or15 units per acre for areas that are zoned
single family residential with sewer service on the property.
In addition, there is an undeveloped TR (Townhouse Residential) property on the
south side of Hwy 9 just west of Milton Place (under construction) that has not
been developed. It is approved for 7.87 units per acre.
Office Vacancy Rates
The North Fulton Chamber of Commerce provided a copy of Colliers
International, Quarter 2, 2012 Atlanta Market Report for Office. Although, this
report provides data for North Fulton which includes Sandy Springs, Johns Creek,
Alpharetta, Roswell and Alpharetta, it is the most comprehensive data that Staff
has obtained to date.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 12 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Class # of Bldgs Total SF Direct
Vacancy
SF
Direct
Vacancy
Percentage
Net
Absorption
Current SF
A 101 15,577,393 2,330,053 15 (126,629)
B 320 11,147,928 1,725,894 15.5 93,268
C 59 1,038,372 84,052 8.1 15,880
Total 480 27,763,693 4,139,999 14.9 17,481
Fiscal Impact Model
Below is the result of the Fiscal Impact Model specifically for the proposed
project. The assumptions included that the first year of permit revenue was
approximately $120,000 which included both building permit and land
disturbance permit fees for the entire project.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 13 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 14 of 30
R/A RZ10-05, ZM10-0 RZ99-11
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community
Development Department on August 9, 2012, Staff offers the following
considerations:
A (Medium Density Apartment) Development Standards (Section 64-693)
Building Setbacks
The site plan indicates compliance with the following zoning district minimum
building setbacks:
Front (adjacent to Deerfield Parkway) 40 feet
Sides and Rear 25 feet
Building Height
The A (Medium Density Apartment) district restricts the building height to 45 feet
or three stories, whichever is higher. The applicant has not stated the number of
stories proposed for the development but has indicated that the height will be
50 feet. The Deerfield Overlay District refers back to the Hwy 9 Overlay District for
height. Section 64-1095 (m) states that Deerfield Parkway does not require a
height limitation of 2 stories or 30 feet to the roof eave. Therefore, Staff will
condition the site to the district standard of 45 feet. The proposed building
height/stories will be reflected in the Recommended Conditions.
Minimum heated floor area for multi-family dwellings
The applicant’s letter of intent does not specify size of each type of unit. The A
(Medium Density Apartment) district requires a minimum heated floor area of
700 square feet.
Maximum lot coverage
The area of the footprint of all buildings and parking is approximately 24
percent* and does not exceed 40 percent of the total land area.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 15 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Other Regulations
Parking Requirements
The following chart illustrates the parking required by Section 64-1410 of the City
of Milton Zoning Ordinance for the proposed uses:
Bedroom
Size/ Use
Ratio Number
Spaces
Required
5% Reduction
Near bus stop
(Sec 64-1412)
10% Reduction
(Administrative)
1 bedroom
(115 units)
1.4/unit 161 153 138
2 bedroom
(115 units)
2.0/unit 230 219 197
3 bedroom
(26 units)
2.25/unit 59 56 50
Amenity/Pool 6 per pool
plus 1 per 15
dwelling units
beyond 60
served
20 19 17
473 447 402 Total
Required (406
Provided)
The applicant has indicated a total of 406 spaces on the site plan of which a
total of 10 are handicap accessible which meets the minimum requirement of
2% of the total spaces reserved for handicapped spaces.
As shown on the chart above, the applicant has included the five percent
reduction based on the location of a bus stop within 1,500 feet of the site
(located on Deerfield Parkway) as well as requesting a ten percent
administrative reduction of the parking requirement. After reductions, a total of
402 parking spaces would be required. The site plan indicates a total of 406
spaces provided.
The Deerfield Overlay District requires the following parking design:
Minimum Space between buildings and parking – 20 feet – Consistent
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 16 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Minimum Space between peripheral parking and right-of-way or adjacent
property – 30 feet – Consistent
At least one, nine foot wide minimum landscape island shall be provided for
every 15 parking spaces – Consistent
Divided parking areas into sections with capacities of not more than 200 cars
each separated by landscape buffer areas at least 20 feet wide. - Consistent
Landscape Strips
Section 64-1090 of the State Route 9 Overlay District requires a twenty (20) foot-
wide landscape strip along Deerfield Parkway. The Deerfield Overlay District
requires that frontages along Deerfield Parkway be planted with Willow Oak,
planted just behind the right-of-way spaced 50 foot on center. The site plan
indicates compliance with this requirement.
Section 64-1090 (b) requires a minimum 10-foot wide landscape strip along any
interior property line adjacent to a non-residential zoning or use. The site plan
indicates compliance with this requirement.
Pedestrian Circulation
The site plan indicates a comprehensive internal pedestrian network throughout
the development. Staff recommends that the paths be constructed of pervious
materials within the development. In addition, there are paths that provide
connections with the pedestrian sidewalk on Deerfield Parkway where there are
two MARTA bus stops available to residents and visitors. Staff will require that the
applicant provide bus stop shelters without any signage to be installed at the
designated MARTA bus stops along Deerfield Parkway. The pedestrian network
and bus stop shelters will assist in meeting the vision of improved pedestrian inter-
connectivity stated in the recently approved HWY 9/GA 400 Master Plan. These
additional requirements will be reflected in the Recommended Conditions .
Vehicular Circulation
The proposed development shows two entrances where the existing full
accesses are located on Deerfield Parkway; one on the southern end of the
property and one in the central area of the property. The southern entrance
meanders through the property and provides an inter-parcel connection with
the northwestern property line adjacent to the Fry’s Electronics parking lot. This
type of connection is recommended and illustrated in the Hwy 9/GA 400 Master
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 17 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Plan. The intent is to decrease the size of the “super block” to encourage
vehicular inter-connectivity and enhance utilization of excess parking lots.
Staff recommends furthering the goal of inter-connectivity and discouraging
dead end streets. Therefore, a right-in, right-out curb cut shall be added to the
northern portion of the site. In addition, inter-parcel access shall be required
along the southern property line to the undeveloped O-I (Office-Institutional)
property (RZ07-19). Pursuant to RZ07-19, inter-parcel access is required to the
subject site. In addition, the latest request for the Zoning Modification pursuant
to ZM10-03, Staff also included a condition requiring inter-parcel access for the
proposed data center to the adjoining property to the south (RZ07-19). These
access requirements will be reflected in the Recommended Conditions. Staff
notes that after the Planning Commission Meeting, the applicant submitted a
revised site plan submitted to the Community Development Department on
June 6, 2012 and August 9, 2012 that reflects the Recommended Conditions
with the exception of the right in, right out curb cut on the northern end of the
site. The applicant has explored this scenario and has concluded that it would
eliminate significant tree coverage near the northern portion of the site.
VC12-03 – To encroach into the 25 foot non-impervious setback by no more
than 5, 000 square feet (Section 20-426(2))
Along the northern portion of the property is a perennial stream which requires
50 foot undisturbed stream buffer and a 25 foot non-impervious setback. Since
the submittal of the concurrent variance, Staff has determined that based on
the proposed encroachment of a retention facility whether earthen or walled
structure, this is permitted within the 25 foot non-impervious setback. Therefore, a
concurrent variance is not needed and Staff recommends WITHDRAWAL of
VC12-03.
City Arborist Comments:
The site appears to have been selectively harvested within the past 15 years or
so. There are some nice mature hardwoods on the site but few of specimen size.
There is a nice diversity of trees on site and with strong natural re-vegetation
occurring on site with a mix of oaks, maples, sweet gums, tulip poplars, hickories,
sourwoods and dogwoods. Plan shows preserving some of the ma ture trees in
the interior of the project, however to do so may require protecting a larger
area than just the drip line. Grade changes, cut and fills, should be kept to a
minimum. Per this plan, three specimen trees will require recompense.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 18 of 30
R/A RZ10-05, ZM10-0 RZ99-11
The applicant should work with the existing conditions of the site as much as
possible rather than modifying the site for mere simplicity. Existing topography
and vegetation should be given strong consideration.
Per the revised site plan, approximately eleven specimen trees are proposed to
be removed equating to 143.7 tree density units to be recompensed.
Recompense required will be 205 – four inch caliper hardwood/canopy trees.
Specimen trees removed or preserved may vary. Final count will be done during
the Land Disturbance Permit process.
A springhead is located near the southwestern property line. The 75 foot stream
buffer will not be impacted as well as another stream buffer located at the
northeastern property line.
Public Works Department – Transportation
The results of the traffic study indicate that in existing conditions, the intersection
of Morris Rd at Deerfield Pkwy does not operate at an acceptable level of
service in the peak hour. With the projected growth due to the extension of
Westside Pkwy, this intersection continues to operate at unacceptable peak
hour level of service in the future analysis year without volumes from the
proposed development. A project currently under design by City of Milton for
this intersection will improve the overall operations in the base and design years.
This project was identified in the Milton Comprehensive Transportation Plan and
the schedule progressed with the opening of the extension of Westside Pkwy.
This project would be needed regardless of this proposed devel opment. The City
of Alpharetta also identified a project for the intersection of Windward Pkwy at
Deerfield Pkwy as part of the Westside Pkwy extension volumes. This will also
improve the overall peak hour level of service in the base future analysis year.
The recommendations and conclusions from the study are attached and
summarize the improvements needed as part of the development as well as
improvements needed in existing conditions and other planned improvements.
Environmental Site Analysis
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Section 64.2126. A field survey of the site was conducted by Staff
to verify areas addressed in the ESA report. The site does not contain floodplains,
steep slopes, historical sites or sensitive plant and animal species. The site does
contain a perennial stream and wetlands.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 19 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Fulton County Board of Education
Staff has received an updated and more detailed report from the Fulton County
Board of Education Planning Department below.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 20 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Public Involvement
Community Zoning Information Meeting
On April 25, 2012 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There was one person who
indicated interest in the site.
Staff has not received any e-mails or phone calls regarding this request.
City of Milton Design Review Board Meeting Courtesy Review – April 9, 2012
The following comments were made by the DRB for the rezoning/use permit:
Looks beautiful. Gorgeous.
Surprised it’s not gated.
Applauds embracing the retention pond, and expanding on
them.
Staff notes that prior to issuance of a Land Disturbance Permit and any Building
Permits, the City of Milton Design Review Board will be required to review
their respective plans.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant submitted the first Plan Report on May 11, 2012 and an update will be
required 7 days prior to the Mayor and City Council meeting. The Public
Participation Meeting was held on May 2, 2012 at 6:00 p.m. There were nine
members of the community in attendance. Attached at the end of the report
are the comments and responses from the applicant.
Standards of Review
[Section 64-2104(c)] Planning Staff shall, with respect to each zoning
application, investigate and make a recommendation with respect to factors 1
through 7, below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
The applicant is requesting a 256 unit multi-family development at a
density of 12 units per acre. As indicated below, the adjacent and nearby
zonings are not consistent with the proposed development. Staff notes
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 21 of 30
R/A RZ10-05, ZM10-0 RZ99-11
that there are townhomes to the northeast but at a lower density of 7.39
units per acre. The nearest multi-family development is on the north side of
Webb Road and west of Deerfield Parkway. Although, the proposed
development is not consistent with similar type uses in the area, it is
consistent with the newly adopted Hwy 9/GA 400 Master Plan for the
Regional Activity Center where this site is located. The Master Plan
recommends that the Regional Activity Center provide mixed use
developments of which higher density residential is one component. There
is retail commercial adjacent to the northwest and west; office to the
north, south and east and residential to the southeast.
Existing uses and zoning of nearby property (See Map and following table)
Location Parcel / Zoning
Petition
Zoning /
Development Name
Approved Density
(sq ft per acre)/
Max Square Feet
of Bldg/Height
North 1
Z74-48
U98-39
(to exceed height)
C-1 (Community Business)
Portion of Deerfield
Professional Offices and
Bright Horizons Day Care
None Stated
U98-39 for 4 stories
Northeast 2
Z74-47
U96-72
(to exceed height)
O-I (Office-Institutional)
Portion of Deerfield
Professional Offices
None Stated
U96-72 for 6 stories
East 3
Z03-08
TR (Townhouse Residential)
Lake Deerfield
116 units / 7.39 units
per acre
Southeast 4
Z97-098
O-I (Office-Institutional)
Verizon Wireless office
buildings
11,500/437,000
South 5
Z97-123/96U-68
(to exceed height)
O-I (Office-Institutional)
Developed with offices and
hotel
13,000/282,000
6 stories
South 6
RZ07-19/U07-10
O-I (Office-Institutional)
Undeveloped
7,565/23,000
70 feet with 3 stories
above grade and
one story below
grade
West 7
Z73-001
C-1 (Community Business)
Wal-Mart / Fry’s Electronics
None Stated
Further
West
8
RZ06-49
C-2 (Commercial)
Cactus Car Wash
5,406/6,000
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 22 of 30
R/A RZ10-05, ZM10-0 RZ99-11
EXISTING USES MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 23 of 30
R/A RZ10-05, ZM10-0 RZ99-11
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
The proposed development may not adversely affect the existing uses
nearby or adjacent uses if developed with the recommended conditions.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The property does have a reasonable economic use as currently
zoned as it is zoned C-1 (Community Business), O-I (Office-Institutional) as
well as a 72 bed assisted living facility and special school .
4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
It is Staff’s opinion that the proposed use may cause an increased burden
on the streets and transportation facilities, utilities, and schools. The
increase should be mitigated with the Recommended Conditions that
provides for inter-connectivity between uses.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
At the time of the submittal of the proposed A (Medium Density
Apartment) zoning district, it was inconsistent with the 2030
Comprehensive Plan Map recommendation of Retail and Service. Since
the submittal, the Mayor and City Council approved the SR 9/GA 400
Master Plan which recommends that subject site and surrounding area as
a Regional Activity Center. This area is bounded by GA 400 to the east,
Webb Road to the north, and the property the properties adjacent to
Deerfield Parkway and Windward Parkway to the west and south.
HWY 9 / GA 400 Master Plan: Regional Activity Center
Proposed use/density: Multi-family residential/ 12 units per acre
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 24 of 30
R/A RZ10-05, ZM10-0 RZ99-11
The Milton City Council approved the SR 9/GA 400 Master Plan on April 23,
2012. The proposed development is consistent if approved with the
Recommended Conditions at the end of the Staff report.
The proposed development is consistent with the following Plan Policies for
the Regional Activity Center and Recommended Parcel Development:
Be medium scale (multi-story development/redevelopment)
Offer a mix of uses including regional office, retail within a multi-use
environment, and residential (likely attached or stacked products)
Encourage a more compact and connected development pattern
Connect adjacent residential, particularly new residential
development, to commercial areas where appropriate
Require significant landscaping and green space as a component
of development/redevelopment
Regional Activity Center Suggested Parcel Development
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Based on the recent approval of the Hwy 9/GA 400 Master Plan,
specifically the Regional Activity Center of which this site is located; the
proposed multi-family development is consistent with the Plan’s
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 25 of 30
R/A RZ10-05, ZM10-0 RZ99-11
recommendations for the area to be developed as Mixed Use and to
provide increased inter-connectivity for the Regional Activity Center.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
Staff notes that the proposed rezoning will not have a negative effect on
the environment and natural resources based on the fact that the site
plan indicates compliance with the required stream buffer and non-
impervious setback (Staff has determined that the concurrent variance
VC12-03 is no longer needed). The site plan indicates that some of the
specimen trees will be preserved as well as open space will be provided
along the eastern property line and the area in the central area of the
site.
CONCLUSION
The proposed 256 multi-family development is consistent with the policies and
intent of the City of Milton Hwy 9/GA 400 Master Plan if approved with Staff’s
Recommended Conditions. Therefore, Staff recommends that this request to
rezone to A (Medium Density Apartments), RZ12-06 be APPROVED CONDITIONAL.
Further, Staff recommends WITHDRAWAL of VC12-03.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 26 of 30
R/A RZ10-05, ZM10-0 RZ99-11
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
A (Medium Density Apartments) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) No more than 256 total dwelling units at a maximum density of 12
units per acre based on the total acreage zoned, whichever is less.
b) Unit size shall be one and two bedroom.
c) Height shall not exceed 45 feet as measured from average grade.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on August 9, 2012*. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning
Ordinance, all other applicable City ordinances and these
conditions prior to the approval of a Land Disturbance Permit. In
the event the Recommended Conditions of Zoning cause the
approved site plan to be substantially different, the applicant shall
be required to complete the concept review procedure prior to
application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) To provide two bus shelters at MARTA bus stops without signage as
approved by the City of Milton Design Review Board.
b) Internal multi-use trails shall be a minimum of 10 feet wide or as
approved by the Public Works Department.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 27 of 30
R/A RZ10-05, ZM10-0 RZ99-11
i. Internal multi-use trails shall be constructed of pervious
materials as approved by the Community
Development Department.
c) Buildings shall be substantially the same as the designs presented by
the applicant at the May 22, 2012 Planning Commission Meeting.
d) Tree save areas should be considered as often as possible in
regards to specimen trees.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Dedicate at no cost to the City of Milton prior to the approval of a
Certificate of Occupancy, sufficient land as necessary to provide
the following:
i. Provide at least 12 feet of right-of-way from the back of
curb of all abutting road improvements or 1 foot from the
back of sidewalk, whichever is greater, along the entire
property frontage, as well as allow the necessary
construction easements while right-of-way is being
improved.
ii. Installation/modification of the following transportation
infrastructure to be installed in accordance with Chapter
48 Streets, Sidewalks and Other Public Places of the City of
Milton Code of Ordinances:
1. SB Right Turn Lanes on Deerfield Pkwy at all site
driveways
a. Any existing sidewalk or utilities in conflict with
new turn lane location shall be relocated.
b) Any new required entrances shall meet the City of Milton Code of
Ordinances and AASHTO guidelines as approved by Milton Public
Works and shall conform to the following:
i. The Deerfield Pkwy driveways shall provide a minimum of 100
feet or the 95% queue length, whichever is greater, of
uninterrupted access. This distance shall be measured from
the edge of the thru lane on Deerfield Pkwy to the edge of
any interior drive aisle or parking space.
ii. Provide two full access drives and one right-in, right-out
access on Deerfield Parkway.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 28 of 30
R/A RZ10-05, ZM10-0 RZ99-11
c) At the time of development of the property to the south (N/F
Devender & Muralidhar Reddy), a 50-foot access easement is
required along the southern driveway from Deerfield Pkwy right of
way to the location on the south property line where inter-parcel
access will be provided to the property to the south.
i. Location of access to shared drive shall be at a
minimum distance of the 95th percentile queue for the
combined condition with future development or one
hundred feet, whichever is greater.
d) Provide a 50-foot access easement free of any structures or utilities
for vehicular and pedestrian inter-parcel access on the northwest
property line (N/F First Town, L.P.) as coordinated with property
owner to the north and as approved by Milton Public Works.
5) To the owner’s agreement to abide by the following:
a) The stormwater management facilities shall comply with the City of
Milton stormwater requirements and shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
acceptable design standards of the Department of Community
Development.
i. Where side slopes for stormwater management facility
are steeper than 4:1 the facility shall have a six foot
high, five-board equestrian style fence with two inch by
four inch welded wire constructed around it, or as may
be approved by the Director of Community
Development.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 29 of 30
R/A RZ10-05, ZM10-0 RZ99-11
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 20, 2012
*Based on the Revised Site Plan Received by the Community Development
Department on August 9, 2012
8/13/2012
RZ12-06/VC12-03 Page 30 of 30
R/A RZ10-05, ZM10-0 RZ99-11
TOTAL FUTURE 2018 TRAFFIC OPERATIONS
The traffic volumes generated by the proposed development were added to the future base year
2018 traffic volumes) in order to determine the traffic volumes that will be on the roadway
network in the year 2018. The future 2018 peak hour volumes are shown in Figure 13. These
volumes were used to analyze future traffic operations at the study intersections including site
driveway intersections. Table 13 shows the results of the future traffic operations analysis for
2017 with existing lane geometry.
TABLE 12
FUTURE 2018 INTERSECTION OPERATIONS WITH EXISTING LANE GEOMETRY
Intersection
Traffic Control
AM Peak Hour
PM Peak Hour
LOS (Delay)
v/c ratio*
LOS (Delay)
v/c ratio*
Deerfield Pkwy / Windward Pkwy
Signalized
C (31.5)
0.83
E (61.6)
1.05
Deerfield Pkwy / Morris Rd Ext
- Eastbound Approach
Stop Controlled on
C (19.3)
-
E (36.7)
-
- Westbound Approach
Morris Rd Ext
F (664.8)
-
F (6885.3)
-
-Northbound Left
A (10.0)
-
A (9.1)
-
-Southbound Left
A (9.3)
-
B (11.4)
-
Deerfield Pkwy / Two Verizon PI /
Southern Site Driveway
- Eastbound Approach (Site Drwy)
Stop Controlled on
B (14.5)
-
C (18.4)
-
- Westbound Approach
Two Verizon PI
C (19.7)
-
F (244.2)
-
- Northbound Left
A (9.3)
-
A (9.6)
-
- Southbound Left
A (8.9)
-
B (10.2)
-
Deerfield Pkwy / Three Verizon PI
/ Northern Site Drwy
Stop Controlled on
- Eastbound Approach (Site Drwy)
Three Verizon
C (15.6)
-
C (22.6)
-
- Westbound Approach
Drwy
C (19.5)
-
F (50.7)
- Northbound Left
A (9.1)
-
A (9.1)
- Southbound Left
A (8.3)
-
B (10.4)
Deerfield Pkwy / Webb Rd
Signalized
C (21.2)
0.53
B (17.6)
0.54
* v/c ratio is not calculated for unsignalized intersections
As shown in Table 12, the intersection of Deerfield Parkway / Morris Road will operate at LOS
F for the westbound approach. In addition, the intersection of Deerfield Parkway / Windward
Parkway will operate at LOS E in the PM peak hour as is in base 2018 condition. Two Verizon
Place and Three Verizon Place will also operate at LOS F for the westbound approaches.
Following improvements are recommended for future 2018 condition.
Deerfield Parkway / Morris Road:
- The following recommended improvement for base 2013 and base 2018
conditions is also recommended for future 2018 condition:
A&R Engineering Inc.
27
Signalize the intersection: A preliminary signal warrant analysis was completed
for the existing peak hour volumes. The results revealed that warrant 3 (peak hour
warrant) will be satisfied based on the existing traffic volumes. Therefore, a
signal installation can be considered at this location. However, a detailed signal
warrant analysis should be completed prior the installation of a traffic signal. No
additional improvement will be necessary in addition to the signal installation.
Windward Parkway /Deerfield Parkway / Westside Parkway:
- The following recommended improvement for base 2018 condition is also
recommended for future 2018 condition:
Westside Parkway Extension project (By City of Alpharetta) will include
installation of an additional through lane (creating dual through lanes) and a
separate right turn lane on the northbound approach (Westside Parkway). For the
purposes of the analysis, these improvements are included for the future 2018
improved condition. After these improvements are implemented, the intersection
will operate at LOS C in the AM and LOS D in the PM peak hour.
Deerfield Parkway / Two Verizon Place / Southern Site Driveway & Deerfield Parkway / Three
Verizon Place /Northern Site Driveway:
- The same improvements recommended for future 2013 condition is also
recommended for future 2018 condition. The westbound approaches (Two
Verizon Place and Three Verizon Place) will operate at LOS F in the PM peak
hour. It is not uncommon for a side street to experience delays during the peak
hours. Only a signal installation can improve the LOS, however, future traffic
volumes will not satisfy installation of a traffic signal. Therefore, no improvement
(in addition to future 2013 condition) is recommended for future 2018 condition.
Table 13 shows the results of the future 2018 analysis assuming the recommended improvements
are implemented.
TABLE 13
FUTURE 2018 INTERSECTION OPERATIONS -WITH IMPROVEMENTS
Intersection
Traffic Control
AM Peak Hour
PM Peak Hour
LOS (Delay)
v/c ratio*
LOS (Delay)
v/c ratio*
Deerfield Parkway / Windward
Signalized
C (30.1)
0.80
D (44.9)
0.96
Pkwy
Deerfield Parkway / Morris Rd Ext
Signalized
B (10.0)
0.48
B (11.5)
0.51
A&R Engineering Inc.
Webb Rd
SITE
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ldpk
DeeYfie
h h
.:::::::::::::::::::.....
M
(o)lq
mom
) o
ee
20
(15) 8-0 (2) 28
Y/
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(o h ! A
oy (�
(25)13
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Webb Rd
/ M \
i�l
:(49)(
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i
AM PM
NORTH
FUTURE 2018 WEEKDAY PEAK HOUR VOLUMES FIGURE 13
A&R Engineering Inc.
we,
LEGEND
Exe Existing Stop Sign
�Existing Lane Geometry
Ex 9Existing Traffic Signal
� Webb Rd
�
SITE
�eerieldPk ►
�e
°��1
�bb�
�44(l'
��o�leTizonp�
W;�ard
Proposed Lane Geometry
0 Proposed Stop Sign
Pr Proposed Traffic Signal
* Improvements per Westside
Pkwy Extension Project
Webb Rd
NORTH
FUTURE 2018 TRAFFIC CONTROL AND LANE GEOMETRY FIGURE 14
A&R Engineering Inc.
30
RIGHT TURN LANE ANALYSIS
Right turn lane warrants were analyzed for the northern and southern site driveway intersections
based on the criteria set forth in the City of Milton Municode Chapter 48 Article 5. Table 10 in
section 48-417 includes minimum requirements for right turn lane installation. Table 10 is
included in the Appendix.
A right turn lane installation will be necessary for all driveways on a four -lane roadway with an
AADT of 12,000 and speed limit of 35 to 40 mph. Bi-directional 24-hour traffic counts revealed
an AADT of 14,255 on Deerfield Parkway. Therefore a right turn lane installation will be
necessary per the City of Milton Standards for the southbound approach at the Northern and
Southern Site Driveway intersections on Deerfield Parkway. A storage length of 100 feet with 50
feet of taper should be included per the City of Milton requirements for 35 mph roadway.
It should be noted that Deerfield Parkway includes northbound left turn lane at the existing
median break intersections which the northern and southern site driveways will be aligned.
SIGHT DISTANCE
Based on the GDOT sight distance requirements for a four -lane roadway with a speed limit of 35
mph, 390 feet of line of sight for looking left and 440 feet of line of sight for looking right is
required. Sight distances looking left and right from the northern and southern driveways were
measured in the field:
Northern Site Driveway on Deerfield Parkway: The sight distance looking left (north) from the
Northern Site Driveway onto Deerfield Parkway is measured 410 feet in the field. The sight
distance looking right (south) onto Deerfield Parkway is measured 505 feet in the field. Line of
sight looking left and right is more than the GDOT requirement for a four -lane roadway with 35
mph speed limit.
Southern Site Driveway on Deerfield Parkway: The sight distance looking left (north) from the
Southern Site Driveway onto Deerfield Parkway is measured 500 feet. The sight distance
looking right (south) onto Deerfield Parkway provides more than 800 feet of sight distance.
However, it should be noted that the existing vegetation in the median on Deerfield Parkway
briefly blocks the sight distance at 420 feet. It is recommended that the vegetation be removed
from the median to improve the line of sight.
PARKING NEEDS
The proposed development will provide 488 parking spaces in the area. City of Milton
requirements identifies that 1.25 parking spaces is required per 1 -bedroom unit, 1.75 parking will
require per 2 -bedroom unit and 2 parking spaces will require per 3 -bedroom units for residential
multifamily high-rise. Please refer to parking plan for details.
A&R Engineering Inc.
31
CONCLUSIONS AND RECOMMENDATIONS
Traffic impacts were evaluated due to the proposed Circle Deerfield apartment complex that will
be located along the western side of Deerfield Parkway between Morris Road and Webb Road in
Milton Georgia. The development is proposed to consist of 256 apartment units. The
development is proposed to have two full access driveways along Deerfield Parkway at two
existing median breaks. The northern site driveway will line up with Three Verizon Place and
the southern site driveway will line up with Two Verizon Place. The AM and PM peak hours
have been analyzed in this study. The study includes the evaluation of existing traffic operations
at the intersections of Deerfield Parkway / Windward Parkway / Westside Parkway, Deerfield
Parkway / Morris Road, Deerfield Parkway / Two Verizon Place / Southern Site Driveway,
Deerfield Parkway / Three Verizon Place / Northern Site Driveway and Deerfield Parkway /
Webb Road along with future operations after completion of the project. The recommended
improvements at the study intersections are discussed in detailed below.
Windward Parkway / Deerfield Parkway / Westside Parkway
No Improvements will be required for base 2013 and future 2013 conditions. The intersection
will operate at LOS E in the PM peak hour for base 2018 and future 2018 conditions. Westside
Parkway Extension project (By City of Alpharetta) will include installation of an additional
through lane (creating dual through lanes) and a separate right turn lane on the northbound
approach (Westside Parkway). For the purposes of the analysis, these improvements are included
for the base and future 2018 conditions. After these improvements are implemented, the
intersection will operate at LOS C in the AM and LOS D in the PM peak hour.
Deerfield Parkway / Morris Road Extension
The intersection currently operates at LOS F in existing condition and will continue to operate at
LOS F in the future. A preliminary signal warrant analysis was completed for the existing peak
hour volumes. The results revealed that warrant 3 (peak hour warrant) will be satisfied based on
the existing traffic volumes. Therefore, a signal installation can be considered at this location.
However, a detailed signal warrant analysis should be completed prior to the installation of a
traffic signal.
Deerfield Parkway / Two Verizon Place / Southern Site
Driveway (Median Break)
Southern Site Driveway will line up with Two Verizon Place creating an eastbound approach at
the existing median break on Deerfield Parkway. Following improvements are recommended at
this intersection:
- Provide a southbound right turn lane on Deerfield Parkway.
- Provide separate right and shared through left turn lane on the eastbound
approach (Southern Site Driveway)
A&R Engineering Inc.
32
- Provide stop control side street (Southern Site Driveway) with main street
(Deerfield Parkway) remaining free flow.
Deerfield Parkway / Three Verizon Place / Northern Site
Driveway (Median Break)
Northern Site Driveway will line up with Three Verizon Place creating an eastbound approach at
the existing median break on Deerfield Parkway. Following improvements are recommended at
this intersection:
- Provide a southbound right turn lane on Deerfield Parkway.
- Provide separate right and shared through left turn lane on the eastbound
approach (Northern Site Driveway)
- Provide stop control side street (Northern Site Driveway) with main street
(Deerfield Parkway) remaining free flow.
Deerfield Parkway / Webb Road
The intersection will operate at LOS C or better in all conditions. Therefore, no improvements
are recommended at this intersection.
A&R Engineering Inc.
33
No Text
No Text
(n 0 TOTAL DIRECT DIRECT SUB SUB TOTAL VCY VCY NET NET NEW NEW UNDER AVG
SF VCY VCY VCY VCY VCY CURR PRIOR ABSORP ABSORP SUPPLY SUPPLY CONSTR RENT
u m
COLLIERS INTERNATIONAL I P. 3 SF % SF % SF % %D CURR SF YTD SF CURR SF YTD SF SF RATE
URBAN
758
15,008,920
Total
3,030
151,212,076
ATLANTA
MARKET
GRAND TOiAI
A
454
.10%126,144'
B
2,168
DOWNTOWN
A 46
15,136,275 1.
2,400,710
15,9%
168;163
'11%
2,568,873
: 17,0%
': 19.5%
375,793 :
457,476 ':
-
--
A
28
';141710,027 <:
21592;753
17.6%
303,445
21%
2,8961198
194%
19,0%
(84,628)
(206)088).'; -'
- ' -
$19.88 ,
B
87
9,394,495
1,1473749
12,2%
12310
0,0%
1,149,059
12,2%
12,0%
(20,926)
(38,477)
-
$14,46
C :
78
86421282 =
726,757
20.0%
4,
-
726,757
20.0%
f 19,9%
(260)
24,331 -:
; -
$16,05
Total -
193
27,806,804
414679259
16.1%
304,755
1.1%
43772,014
17,2%
16,8%
(106,814)
(220,234)- -
- -
$18.28
MIDTOWN
A '+ 112
.4571713546 1
7,666,535
16.9%
637;445
IA%
81293,980'
18,470
A
38
15,265,244 ';
2,6633072
17,4°70
165,837
1'1%
24828,909
18,5%
191%
185,666 :
343,648 ': -"
: -
$26.95 ,
B
100
6,101,801
856,312
14.0%
17,661
043%
873,973
14.3%
15,5%
70,910
145,120 -
- 450,000
$17,76
C :
38
684,951 -
83;186
9,4%
11(424
13%
194,610
101%
;, 9,1%
(13,996)
(24417)' ->
[- : -
$14.81
Total
176
22,251,996
39602,670
1642%
1941922
009%
31797,492
17.1%
18,20/0
242,580
464,351 -
- 450,000
$24,83
BULKHEAD
758
15,008,920
Total
3,030
151,212,076
ATLANTA
MARKET
GRAND TOiAI
A
454
.10%126,144'
B
2,168
91,120,187
A 46
15,136,275 1.
2,400,710
15,9%
168;163
'11%
2,568,873
: 17,0%
': 19.5%
375,793 :
457,476 ':
-
--
$26.59 :.
B 51
4,3757333
755,999
17,3°7°
18,253
0,4%
774,252
17,7%
17,5%
(7285)
(3,267)
-
$18,95
C 42
r 1,060,897 1.
691810
6.6%
t, 1-
:69810
6,60/R
6,7%
574
103355:;'
$1736 :'..
Total 139
20,5621505
3,2263519
151%
186,416
0.9%
31412,935
16.6%
18,4%
369,082
464,566
-
-
-
$24.80
URBAN TOTAL
A '+ 112
.4571713546 1
7,666,535
16.9%
637;445
IA%
81293,980'
18,470
: 19.4%
': 476,831
595,038
-'
-
"; -
$24.47
B 238
19,871,629
21760,060
13,9%
37,224
0,2%
21797,284
14A%
143%
42,699
103,376
-
-
460,000
$17,05
C : 158
2 51578,130
879,753
15.8%
11,424
0.2%
$91,177
16,0%
153%
(13,662) '.':
10,269.':
-:'
':-
! t,1
$15,74
Total 508
70,6211305
11,296,348
16,0%
6860093
1.0%
111982,441
17,0%
1767%
5059848
708,683
-
-
450,000
$22,64
SUBURBAN
CENTRAL PERIMETER
A 68
19,2984600
31086,659
16,0%
237,684
1,2%
35324,343
.17,2%
18,4%
.476,363
676,507
300,000
300,000
300,000
$21.82
B 146
71848,196
21289,670
29.2%
60,519
0,8%
21350,189
29.9%
29.4%
(41 702)
76,205
-
16,000
$18.04
C 97
1,790,931
358,235
20,0%
-
-
358,235
20.0%
19,0%
(17,132)
5,464
a:
-
$13.37
Total 311
28,937,727
51734,564
1908%
298,203
1,0%
6,0321767
20,8%
21,5%
417,529
758,176
300,000
316,000
300,000
$20,07
NORTH FULTON
A :101
15,577,393
21330,053
15,0%
244,208
1.6%
121574,261
-16.5%
15,8°70
(118,223)
(126,629)
-
- :
-
'$20,17
B 320
11,147,928
11725,894
15.5%
44,808
0,4%
117707702
15,9%
15.6%
(28,943)
93,268
-
-
$14.12
C : 59
11038,372
84,052
8,1%
`=
84,062
8,1%
9,1%
10,045
15,880
_
-
-
$12,72
Total 480
27,763,693
4,139,999
1449%
289,016
100%
414299015
16.0%
15,5%
(137,121)
(17,481)
-
-
$17,66
NORTHEAST ATLANTA
A 59
"; 71473,343
12712291
1740%
21,063
03%
11292,354
: 17,3%
183%
r1. 102,752
101,924'
-i
-•
3443476
$19,46
B 414
13,405,778
21976,748
22,2%
90,211
03%
31066,959
22,9%
23,3°70
52,862
(29,187)
-
-
-
$13,55
C 123
: 21510,459 i!
2584504
10.3%
31595
01%
2623099
10,4%
-. 10,1%
(84139)
(16,113))
-
1. -
$13:34
Total 596
23,389,580
4,506,543
19.3%
114,869
005%
4,621,412
1948%
2044%
147,475
56,624
-
-
344,476
$15,43
NORTHLAKE
A 20
2,831,105.<:
429,495
15.2°l0
34463
0;1%
432,958
15,3%
16.6%
37,028
(751$33);1
-
i-
;$20,29
B 329
12,227,969
11825,183
14,9%
422394
0,3%
11867,577
15,3%
14,7°70
(59,382)
(142,606)
13,822
13,822
-
$16,89
C 165
31530,219
314,521
8,9%
21696
0114K
317,217
9,0°70
9,1 %
2,425 :.
443292 -.'.
-
'-
-
$12,83
Total 514
18,589,293
21569,199
1348%
48,553
X0.3%
29617,752
14,1%
13.9%
(19,929)
(174,147)
13,622
13,822
-
$16,72
NORTHWEST ATLANTA
A 77
17,574,160 t:
2,6591447
15.1°/
8$t=
0_.6%
217471$29
16,6%
1498%
: (14086) ;
(1471692)'
-
$21,62 -
B 419
15,792,823
2,997,844
19,0%
44,718
0,3%
310423562
19,3%
192%
(123704)
25,893
-
-
16650
$15,01
C 147
4 27626,087:r
34 b,022
1
13 /0
2,025
0.1 /
3,
13,2%
12,6%
(17711):
14,647 d,
-:
'-
=. -
$14;20 _
Total 643
35,993,070
6,00 2,313
16,1
135,125
"0,4%
6,147047
371438
17.1%
1606%
(1795501)
(107,052)
-
160650
$18.07
SOUTH ATLANTA
A 17
1,299,997:
347,798
20,$°/0
19,131
16%
366929
28,2%
_
27,5%
(91432) i'.
(51268)
to
`-
° -
$20.72
B 242
91307,757
1,066,786
11,5%
52,345
0,6%
1,119,131
12,0%
12,0%
13963
45,293
-
-
-
$15,86
C 4 131
z 2,660,773 'i
414647
16.6°70
-
414,647
15,6%
i 16,3%
(8530)'::
14,843
$13,45
Total 390
13,268,527
11829,231
13,8%
713476
0.50/0
1,9001707
14.3%
14,2%
(15,999)
54,868
-
-
-
$16,36
WEST ATLANTA
B 60
11518,107
115,309
7,6%
-
- -
115,309
7,6%
7,9%
40,843
62,783
40,000
40,000
40,000
$14,35
C 36
` 1,752,079`x:
7584997
43070
-
7581997
43,3%
43.6%
61126
322f.
Total 96
3,2703186
874,306
2647%
-
874,306
261%
27,3%
45,968
63,105
40,000
40,000
40,000
$12,73
C
758
15,008,920
Total
3,030
151,212,076
ATLANTA
MARKET
GRAND TOiAI
A
454
.10%126,144'
B
2,168
91,120,187
C
916
1 21,487,050
Total
3,538
221,833,381
1518%
613,931
1;0%
10;738,674
16.8%
16.9%
18.2%
334,995
18.7%
13,332,429
18.7%
18.6%
15:9%
8,316
16.0%
:2,542,294
i8.0°10-
15.8% ,
17.0%
- 957,242.
0.6%
26,613,397
17.6%
17.6%
0.4%
16,129,713
17.7%
17.6%
0.1%'
3;433,471
16.0°10
: 18.8%
0.7%
38,595,838
77.4%
17.6%
634,093 353,822
353,822 369,822
1,151,126
NOTE: STATISTICAL SET CONSISTS OF OFFICE PROPERTIES tO,000 SF AND UP, INCLUDING OWNER-OCOUPIED SOURCE: COSTAR PROPERTY, COLLIERS RESEARCH
PROPERTIES; AND EXCLUDING MEDICAL OFFICE AND PROPERTIES WHERE THE GOVERNMENT IS 100'Yo OWNER ANO
OCCUPIER. WHILE COSTAR ATTEMPTS TO PROVIDE THE MOST ACCURATE DATA AT THE END OF EVERV QUARTER,
REVISIONS ARE MAGE THROUGHOUT THE VEAR ACCOUNTING FOR DISCREPANCIES IN PAST REPORTING.
RT I Q2 2012 I "iOFFII
CONSTRUCTION
•Cox Enterprises' first phase of its new
headquarters campus delivered in second
quarter. This amounted to 300,000 square
feet. Phase II is set to deliver later this year.
• No new office buildings went under construction
in the second quarter. The near term outlook
for new construction remains restrained.
RENTAL RATES &CONCESSIONS
• The average rental rate for Atlanta office space
held steady this quarter. The current trend
suggests market rents are close to bottoming.
•Four of Atlanta's office submarkets reported an
increase in their average rental rates. These
include Downtown, Midtown, North Fulton and
Northwest Atlanta.
•Average concessions have eased inmost office
submarkets. The most aggressive landlords
can be found in Central Perimeter.
INVESTMENT &SALES ACTIVITY
•Though second quarter investment activity was
slow, a number of major office properties went
to market. Some of these are already under
contract and expected to close in third quarter.
675 Ponce De Leon Ave. Midtown 450,000 First Quarter 2014
Primerica 11,3100 Breckinridge Blvd Northeast Atlanta 344,476 Third Quarter 2012
Cox: 6205 P'tree Dunwoody Rd. - 2 Central Perimeter 300,000 Fourth Quarter 2012
EMEA:118
$1.8 billion in annual revenue
• Over 2.5 billion square feet under
management
•Over 12,000 professionals
UNITED STATES:
Atlanta
Caldwell Zimmerman
Executive VP I Colliers Manager
Two Midtown Plaza l Suite 1100
1349 West Peachtree Street, NE
Atlanta, Georgia, 30309
TEL +1404 888 9000
FAX
+1404 870 2845
i6k: tAk
RESEARCHER:
Atlanta
Scott Amoson
Vice President I Director of Research
- Two Midtown Plaza I Suite 1100
1349 West Peachtree Street, NE
Atlanta, Georgia, 30309
TEL +1404 877 9286
FAX +1404 870 2845
This market report is a research document of Colliers.
International Informationherein has been deemed
reliable and no representation is made as to the accuracy
ereof. Colliers International -Atlanta, Inc., and certain
of its subsidiaries, is an independently owned and
operated business and a member..firm of Colliers
International Property Consultants, an affiliation of
independent companies min over520 offices throughout
X62 countries worldwide.
•
Accelerating success.
ORDINANCE NO._______
PETITION NO. RZ12-06
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND O-I
(OFFICE-INSTITUTIONAL) TO A (MEDIUM DENSITY APARTMENTS) FOR A 256
UNIT DEVELOPMENT AT AN OVERALL DENSITY OF 12 UNITS PER ACRE
LOCATED ON THE WEST SIDE OF DEERFIELD PARKWAY HAVING A FRONTAGE
OF 1,599 FEET (22-5280-1047-026-2)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
August 20th at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located on the
west side of Deerfield Parkway with a frontage of 1,599 feet, consisting of a total of approximately
21.368 acres as described in the attached legal description, be rezoned to the A (Medium Density
Apartments) District with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 1114, 1047, 1113 of the 2nd District
2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the A (Medium Density Apartments) zoning listed in the attached
conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 14 of the
Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 20th day of August, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved A
(Medium Density Apartments) CONDITIONAL subject to the owner’s agreement to
the following enumerated conditions. Where these conditions conflict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) No more than 256 total dwelling units at a maximum density of 12 units
per acre based on the total acreage zoned, whichever is less.
b) Unit size shall be one and two bedroom.
c) Height shall not exceed 45 feet as measured from average grade.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on August 9, 2012. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable City ordinances and these conditions prior to the
approval of a Land Disturbance Permit. In the event the
Recommended Conditions of Zoning cause the approved site plan to
be substantially different, the applicant shall be required to complete
the concept review procedure prior to application for a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) To provide two bus shelters at MARTA bus stops without signage as
approved by the City of Milton Design Review Board.
b) Internal multi-use trails shall be a minimum of 10 feet wide or as
approved by the Public Works Department.
i. Internal multi-use trails shall be constructed of pervious
materials as approved by the Community Development
Department.
c) Buildings shall be substantially the same as the designs presented by
the applicant at the May 22, 2012 Planning Commission Meeting.
d) Tree save areas should be considered as often as possible in
regards to specimen trees.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Dedicate at no cost to the City of Milton prior to the approval of a
Certificate of Occupancy, sufficient land as necessary to provide
the following:
i. Provide at least 12 feet of right-of-way from the back of curb
of all abutting road improvements or 1 foot from the back of
sidewalk, whichever is greater, along the entire property
frontage, as well as allow the necessary construction
easements while right-of-way is being improved.
ii. Installation/modification of the following transportation
infrastructure to be installed in accordance with Chapter 48
Streets, Sidewalks and Other Public Places of the City of
Milton Code of Ordinances:
1. SB Right Turn Lanes on Deerfield Pkwy at all site driveways
a. Any existing sidewalk or utilities in conflict with new
turn lane location shall be relocated.
b) Any new required entrances shall meet the City of Milton Code of
Ordinances and AASHTO guidelines as approved by Milton Public
Works and shall conform to the following:
i. The Deerfield Pkwy driveways shall provide a minimum of 100
feet or the 95% queue length, whichever is greater, of
uninterrupted access. This distance shall be measured from the
edge of the thru lane on Deerfield Pkwy to the edge of any
interior drive aisle or parking space.
ii. Provide two full access drives and one right-in, right-out access
on Deerfield Parkway.
c) At the time of development of the property to the south (N/F
Devender & Muralidhar Reddy), a 50-foot access easement is
required along the southern driveway from Deerfield Pkwy right of
way to the location on the south property line where inter-parcel
access will be provided to the property to the south.
i. Location of access to shared drive shall be at a minimum
distance of the 95th percentile queue for the combined
condition with future development or one hundred feet,
whichever is greater.
d) Provide a 50-foot access easement free of any structures or utilities for
vehicular and pedestrian inter-parcel access on the northwest
property line (N/F First Town, L.P.) as coordinated with property
owner to the north and as approved by Milton Public Works.
5) To the owner’s agreement to abide by the following:
a. The stormwater management facilities shall comply with the City of
Milton stormwater requirements and shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
acceptable design standards of the Department of Community
Development.
i. Where side slopes for stormwater management facility
are steeper than 4:1 the facility shall have a six foot
high, five-board equestrian style fence with two inch by
four inch welded wire constructed around it, or as may
be approved by the Director of Community
Development.
Revised Site Plan Submitted on August 9, 2012
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Date: July 25, 2012
Re: RZ12-11 – To amend Article XVI, Signs as it relates to moving signs and
replacing the current name “Crabapple Crossroads Overlay District Signs” to
“Crabapple Form Based Code Overlay District Signs”.
RZ12-12 – To amend Section 64-2371 to create permit expiration standards as it
relates to land disturbing activities.
(First Presentation - August 6, 2012, Work Session – August 13, 2012, Final
Presentation – August 20, 2012)
CMO (City Manager’s Office) Recommendation:
To approve the text amendment to provide a utilization period for all building and building trade
permits issued for projects within the City Limits.
Background:
From time to time Staff recognizes that the Zoning Ordinance requires amendments to existing
regulations to conform to new planning documents such as the newly adopted Crabapple Form
Based Code as well as enhance existing regulations to assist Staff in their day to day
responsibilities. Below are two text amendments for the City Council’s review and
recommendation. The Planning Commission heard these items at their July 24, 2012 meeting.
Both items were recommended for approval with some minor changes which are reflected with
yellow highlights.
Discussion:
RZ12-11 – To amend Article XVI, Signs as it relates to moving signs and replacing the
current name “Crabapple Crossroads Overlay District Signs” to “Crabapple Form Based
Code Overlay District Signs”.
This text amendment proposes to prohibit moving signs that are held by people.
Currently the definition of signs does not include signs held by people. Therefore, the
definition has been amended to reflect this situation. In addition, within Sec. 64-2295,
signs held by a person except during demonstrations, assemblies and public gatherings
have been added to prohibited signs.
The Planning Commission recommended to include signs worn by a person or animal
and to include costumes to be prohibited.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
The other change in this text amendment is to replace the existing title of the
“Crabapple Crossroads Overlay District Signs” with “Crabapple Form Based Code
Signs”. Staff has also deleted the previous overlay district map with the new one that
reflects the geographic area of the Crabapple Form Based Code.
The Planning Commission recommended that “Overlay District be included in the new
title to read “Crabapple Form Based Code Overlay District Signs”.
RZ12-12 – To amend Section 64-2371 to create permit expiration standards.
Currently, the Zoning Ordinance does not provide a mechanism for the extension and
expiration of Land Disturbance Permits. This proposed text amendment will provide the
tool to the Community Development Staff to extend the permit, if necessary to be
completed.
The Planning Commission recommended approval with some minor changes to the
wording of the text amendment but without changing the intent.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer this item.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney (July 2012)
RZ12-11 – Text Amendment to Article XVI – Signs
Prepared for the Mayor and City Council Meeting on August 20, 2012
Yellow highlighted changes recommended by Planning Commission
Page 1 of 7
Formatted: Highlight
Article XVI - Sec. 64-2241. - Definitions.
Sign means any device, fixture, placard, or structure affixed to, supported by, or
suspended by a stationary or moving object, building or the ground or held or worn by a
person or animal that uses any color, form, graphic, illumination, symbol, costume or writing
to communicate information of any kind to the public.
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RZ12-11 – Text Amendment to Article XVI – Signs
Prepared for the Mayor and City Council Meeting on August 20, 2012
Yellow highlighted changes recommended by Planning Commission
Page 2 of 7
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Sec. 64-2295. - Prohibited signs and devices.
The following types of signs are prohibited in the city:
(1) Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons,
streamers or air or gas filled figures and other similar temporary signs (except where specifically
allowed).
(2) Signs held or worn by a person or animal except during demonstrations, assemblies, and public
gatherings.
(23) Beacons, search lights, laser lights or images (except where specifically allowed).
(34) Audible signs.
(45) Signs in right-of-way, other than those belonging to a government, public service agency, or
railroad.
(56) Signs mounted on a utility pole, water tower or other similar structure, architectural features,
traffic signal or traffic control box and cell towers.
(67) Roof signs, marquee signs.
(78) Portable signs, except that signs posted in the window of a vehicle, totaling one square foot,
shall be permitted, unless the vehicle is parked within a nonresidential district or AG-1
(Agricultural) developed with a nonresidential use, with the intent to sell that vehicle.
(89) Obscene signs.
(910) Illegal activity signs.
(1011) Signs not maintained.
(1112) Abandoned signs.
(1213) Animated signs, flashing signs, rotating signs, and changeable copy signs.
(1314) Imitation traffic signs.
(1415) Graffiti.
(1516) Sign kiosks.
(1617) Signs attached to or painted on natural objects.
(1718) Temporary signs and banners attached to fences or walls (except where specifically
allowed).
(1819) Internally illuminated window signs, including neon (except where specifically allowed).
(1920) Signs in landscape strip, unless approved by the city arborist.
(Ord. No. 12-02-128, § 1, 2-22-2012)
Formatted: Highlight
Formatted: Highlight
RZ12-11 – Text Amendment to Article XVI – Signs
Prepared for the Mayor and City Council Meeting on August 20, 2012
Yellow highlighted changes recommended by Planning Commission
Page 3 of 7
Formatted: Highlight
Sec. 64-2325. - Crabapple Crossing Form Based Code Overlay District signs.
In the Crabapple Crossroads Form Based Code Overlay District the following signage standards
shall apply:
(a) Freestanding signs.
(1) All freestanding signs must meet the following standards:
a. Signs shall not have changeable copy including, but not limited to, scrolling,
rotating, flashing, and computerized changeable copy. Theatres, schools,
churches, parks and gas stations may have changeable copy that is changed
manually.
b. If illumination is used, the sign shall be externally illuminated. The light shall
be screened from view with evergreen plantings as approved by the community
development department director.
c. The sign structure shall be constructed of wood, brick or stone or a material
which has the appearance of wood, brick, or stone as approved by the
community development department director and to the extent possible shall be
the same material as the predominant material of the principal building.
d. The sign face and sign letters shall be made out of wood, a material which
has the appearance of carved, distressed, or sandblasted wood or stone as
approved by the community development department director. Plastic inserts are
prohibited.
e. The sign may be supported either on one side or on both sides (i.e., shingle
sign).
(2) For nonresidential multitenant building and developments, freestanding signs
must meet the following standards:
IMAGE NOT FOUND:\file1.municode.com45924-2325-071.jpg
a. The maximum height shall be eight feet from finished grade.
b. The maximum size of the sign area shall be 32 square feet.
c. There may be one sign per right-of-way frontage and it shall be located at a
project entrance.
(3) For nonresidential single tenant buildings, freestanding signs must meet the
following standards:
IMAGE NOT FOUND:\file1.municode.com45924-2325-072.jpg
RZ12-11 – Text Amendment to Article XVI – Signs
Prepared for the Mayor and City Council Meeting on August 20, 2012
Yellow highlighted changes recommended by Planning Commission
Page 4 of 7
Formatted: Highlight
a. Maximum height shall be six feet from finished grade.
b. The maximum size of the sign area shall be 20 square feet.
c. There may be one sign per right-of-way frontage, and it shall be located at
a project entrance.
(4) For residential uses, freestanding signs must meet the following standards:
a. Maximum height shall be six feet from finished grade.
b. Each residential development may have a maximum of two, 12 square foot
freestanding signs, which shall not exceed a total of 24 square feet, or one, 16
square foot sign, per entrance.
(b) Wall signs must meet the following standards:
(1) Wall signs shall not have changeable copy.
(2) If illuminated, wall signs shall be externally illuminated and directed downward.
(3) Wall sign shall not cover architectural features or details and not extend beyond
the roof line. Wall signs can hang from the building.
(4) Wall sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the director.
(5) A business may have one wall sign. The sign can be flush against the wall or it
can hang from the building. The size shall not exceed three percent of the applicable
wall area. The area of the doors and spandrel glass panels are excluded from the
calculation of the applicable sign area.
(6) Single tenant buildings and end units of multitenant buildings may have an
additional wall sign. Businesses whose primary entrance faces an interior parking lot
or courtyard may have an additional wall sign. The maximum size for either of these
signs shall not exceed three percent of the applicable wall area.
(7) A business may have an additional sign perpendicular to the wall with a
maximum sign area size of four square feet.
IMAGE NOT FOUND:\file1.municode.com45924-2325-073.jpg
(c) Other signage.
(1) Permanent and temporary signs in windows shall not exceed 20 percent of each
window. No window signs are allowed in clerestory windows. In no case shall window
signs exceed ten percent of the total wall area of the applicable elevation.
Notwithstanding the prohibitions contained in subsection (r) below, each
commercial establishment shall be entitled to a maximum of two internally
RZ12-11 – Text Amendment to Article XVI – Signs
Prepared for the Mayor and City Council Meeting on August 20, 2012
Yellow highlighted changes recommended by Planning Commission
Page 5 of 7
Formatted: Highlight
illuminated window signs. If the establishment has a single internally illuminated
window sign, the sign may be a maximum of four square feet in size and may be
neon or LED illumination. If the establishment has two internally illuminated
window signs, neither sign may be larger than two square feet in size and only
one may be neon or LED, while the second may be of other illumination. All
internally illuminated window signs shall be position on the interior as a window
sign, not more than ten feet from the floor, with at least one sign being not more
than five feet from the main public entrance to the commercial establishment.
None of the internally illuminated window signs may blink, flash, fluctuate or be
animated in any way. Internally illuminated window signs may only be
illuminated during the time the commercial establishment is open to the public
for business.
(2) A business may have one sandwich board sign. Sign shall be:
a. Single or double faced;
b. Metal or wood framed (no plastic);
c. Black or green, chalkboard type face;
d. Located per ADA compliance (minimum 36 inches from the building); no
more than ten feet from building;
e. Located so as not to impede pedestrian or vehicular traffic;
f. Not placed in tree island or landscape strip;
g. Maximum height of four feet, six square feet per panel;
h. Brought inside at the close of business.
(d) Sign structure colors. Permitted colors for Crabapple CrossroadsForm Based Code
Overlay District sign structures shall be limited to those listed in the table below.
Permitted Colors for Sign Structure
The following numbers refer to the Pantone Matching System, an international color matching system
1807C
2C-7C
289C
316C
401-405C
407-412C
423C
424-425C
448-450C
4485U
4495C
RZ12-11 – Text Amendment to Article XVI – Signs
Prepared for the Mayor and City Council Meeting on August 20, 2012
Yellow highlighted changes recommended by Planning Commission
Page 6 of 7
Formatted: Highlight
451C
4505C
4515-4525C
455C
462U
464U
476U
478U
484C
4491C
497
553
5536
539
548
5467
5743U
5747U
5757U
5773U
5815U
5835
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
(e) The following types of signs are prohibited:
(1) Monument;
(2) Pylon, pole, lollypop, projecting signs;
(3) Roof, marquee;
(4) Electronic or manual reader boards, changeable copy signs;
(5) Any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way
animated;
(6) Portable, excluding sandwich signs;
(7) Posters, placards.
_____
RZ12-11 – Text Amendment to Article XVI – Signs
Prepared for the Mayor and City Council Meeting on August 20, 2012
Yellow highlighted changes recommended by Planning Commission
Page 7 of 7
Formatted: Highlight
IMAGE NOT FOUND:\file1.municode.com45924-2325-074.jpg
CRABAPPLE CROSSROADSFORM BASED CODE OVERLAY DISTRICT MAP.
(Ord. No. 12-02-128, § 1, 2-22-2012)
_____
Formatted: Font: f_Arial_Greek
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE________
AN ORDINANCE TO AMEND ARTICLE XVI OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE – SIGNS)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on August 20, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Article XVI, in regards to amending
the definition of signs, prohibited signs and changing the title for the existing “Crabapple
Crossroads Overlay District Signs” to the new “Crabapple Form Based Code Overlay District
Signs” is hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 20th day of August, 2012
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Date: July 25, 2012
Re: RZ12-11 – To amend Article XVI, Signs as it relates to moving signs and
replacing the current name “Crabapple Crossroads Overlay District Signs” to
“Crabapple Form Based Code Overlay District Signs”.
RZ12-12 – To amend Section 64-2371 to create permit expiration standards as it
relates to land disturbing activities.
(First Presentation - August 6, 2012, Work Session – August 13, 2012, Final
Presentation – August 20, 2012)
CMO (City Manager’s Office) Recommendation:
To approve the text amendment to provide a utilization period for all building and building trade
permits issued for projects within the City Limits.
Background:
From time to time Staff recognizes that the Zoning Ordinance requires amendments to existing
regulations to conform to new planning documents such as the newly adopted Crabapple Form
Based Code as well as enhance existing regulations to assist Staff in their day to day
responsibilities. Below are two text amendments for the City Council’s review and
recommendation. The Planning Commission heard these items at their July 24, 2012 meeting.
Both items were recommended for approval with some minor changes which are reflected with
yellow highlights.
Discussion:
RZ12-11 – To amend Article XVI, Signs as it relates to moving signs and replacing the
current name “Crabapple Crossroads Overlay District Signs” to “Crabapple Form Based
Code Overlay District Signs”.
This text amendment proposes to prohibit moving signs that are held by people.
Currently the definition of signs does not include signs held by people. Therefore, the
definition has been amended to reflect this situation. In addition, within Sec. 64-2295,
signs held by a person except during demonstrations, assemblies and public gatherings
have been added to prohibited signs.
The Planning Commission recommended to include signs worn by a person or animal
and to include costumes to be prohibited.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
The other change in this text amendment is to replace the existing title of the
“Crabapple Crossroads Overlay District Signs” with “Crabapple Form Based Code
Signs”. Staff has also deleted the previous overlay district map with the new one that
reflects the geographic area of the Crabapple Form Based Code.
The Planning Commission recommended that “Overlay District be included in the new
title to read “Crabapple Form Based Code Overlay District Signs”.
RZ12-12 – To amend Section 64-2371 to create permit expiration standards.
Currently, the Zoning Ordinance does not provide a mechanism for the extension and
expiration of Land Disturbance Permits. This proposed text amendment will provide the
tool to the Community Development Staff to extend the permit, if necessary to be
completed.
The Planning Commission recommended approval with some minor changes to the
wording of the text amendment but without changing the intent.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer this item.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney (July 2012)
RZ12-12 – Text Amendment to Section 64-2371 – Development Regulations
Prepared for Mayor and City Council Meeting on August 20, 2012
Yellow highlighted changes recommended by Planning Commission
Page 1 of 1
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Sec. 64-2371- Permit expiration for land disturbing activities.
Permits for land disturbing activities shall be valid for two years. Work must begin within 180 days of
issuance of the permit or otherwise the permit shall expire. Permits for Pprojects which have achieved
substantial completion may be extended at the discretion of the Director of Community Development, not to
exceed one additional year from the expiration date of the permit provided that the permit holder issues
with the issuance of a performance bond equal to 125% of the estimated cost of completion of the project.
Secs. 64-23712372—64-2389. - Reserved.
Formatted: Highlight
Formatted: Strikethrough, Highlight
Formatted: Strikethrough
Formatted: Highlight
Formatted: Strikethrough
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE________
AN ORDINANCE TO AMEND SECTION 64-2371 TO CREATE PERMIT EXPIRATION
STANDARDS FOR LAND DISTURBING ACTIVITIES OF THE CITY OF MILTON
ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on August 20, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Section 64-2371, in regards to
creating permit expiration standards as it relates to land disturbing activities is hereby adopted
and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 20th day of August, 2012
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 1 of 10
HISTORIC PRESERVATION STAFF REPORT
NOMINATED PROPERTY INFORMATION
PROPERTY NAME MILTON COUNTRY STORE/FORMER HARDEMAN’S COUNTRY STORE
ADDRESS 15260 Hopewell Road
DISTRICT, LAND LOT 2/2, 534
OVERLAY DISTRICT NORTHWEST FULTON
EXISTING ZONING AG-1 ACREAGE .524, Parcel 1
NOMINATOR(S) City of Milton Historic Preservation Commission
ADDRESS 13000 Deerfield Parkway
Milton, GA 30004
PHONE 770.242.2539
PROPERTY OWNER(S) Reunion Park, LLC c/o J. David Chatham
ADDRESS 5780 Windward Parkway, Suite 300
Alpharetta, GA 30004
PHONE 678.624.2900
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 2 of 10
AERIAL VIEW/SITE LOCATION MAP
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 3 of 10
COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: ANGELA RAMBEAU
678.242.2539
SITE—
Beginning in the early 1950’s, the building was used as a country general store, serving the local
community.
LOCATION—
Located within Land Lot 534, at the corner of Hopewell and Thompson Roads. The store is located on
the same parcel as a 1950’s ranch house. (The ranch house is not currently up for historic
designation.)
Legal description of the area surrounding the store
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 4 of 10
CONDITION—
The structure is in excellent condition. It was renovated in 2006/2007. Currently vacant.
AGE—
The original structure was built in the early 1950’s. The porch and a new roof were added during the
2006 renovation.
INTEGRITY OF HISTORIC FEATURES—
The structure is in its original location. The original store was wood framed with wood clapboard
construction. It sits on a stacked stone pier foundation. There were two gas pump in front of the
store, and a propane tank on the side of the building. These have been removed.
The store was renovated in 2006/2007, when a metal roof and a porch were added. Updated
plumbing, HVAC, and electrical systems were installed at this time. During renovation, the structure
and floor plan of the original building remained unchanged. Replacement materials and the porch
materials were sourced from old barns and other period structures.
CONTRIBUTING ELEMENTS—
The original store structure.
NONCONTRIBUTING ELEMENTS—
The porch addition.
The metal roof.
STATEMENT OF SIGNIFICANCE—
The City of Milton Historic Preservation Ordinance offers several reasons why a site may be deemed
worthy of preservation by reason of value to the City of Milton.
…It possesses an outstanding example of structures representative of its era.
Commonly built between the 1890’s and the 1930’s, community stores were typically
front gabled with covered porches and sometimes parapet roof. The storefronts were
normally symmetrical—a central entrance flanked by windows, and the sides were
typically lighted with small windows toward the top, above the shelves lining the interior.
The 1, 200 square foot subject structure is similar in shape, construction, style and
setback to the typical crossroads “country store” that sprang up in rural communities
throughout the country. The size, orientation, setback and scale of the building are
integral elements of preservation of a crossroads community.
The simple vernacular architectural style showcases a gable roof. Originally shingle, it is
now metal. Originally, the front door was covered by a small shed roof awning. The
exterior is clapboard siding with stacked stone piers. The footprint of the structure (other
than the addition of the porch) and floor plan of the original building remain
unchanged.
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 5 of 10
…It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or
historical development and heritage of the municipality, county, state or region.
A typical country store such as Hardeman’s, would be located on one of the area’s
main travel/supply routes. The rule of thumb was that it served customers within a 5 mile
radius, about an hour’s ride by horse and wagon. The stores sold everything from soda,
candy and tobacco products, to the staples, including flour and meal, sugar and,
eggs, to hardware and farming supplies, such as nails and vegetable seeds. Kerosene
was also a big seller, since the typical rural community did not receive electric power
until the late 40’s, and kerosene lamps remained popular. Gas pumps served the rural
community as the automobile became more popular.
Like Hardeman’s, the country store also served as a gathering place for a game of
checkers, or for exchanging gossip and the latest news.
As was common for similar establishments, the proprietor’s home is located on the same
tract. The 1,835 square foot ranch home is located behind the store building.
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 6 of 10
Hardeman Country Store, original condition
Hardeman Country Store, Current Condition
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 7 of 10
More photos of the store, 2012
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 8 of 10
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 9 of 10
Prepared by the Community Development Department for the
Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012
8/13/2012 Page 10 of 10
LETTER OF APPROVAL FROM GA DNR
Page 1 of 5
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON HD12-01
AN ORDINANCE TO DESIGNATE HARDEMAN COUNTRY STORE PROPERTY AS
A HISTORIC PROPERTY; TO PRESCRIBE THE BOUNDARIES OF SUCH HISTORIC
PROPERTY; TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FROM THE
CITY OF MILTON HISTORIC PRESERVATION COMMISSION PRIOR TO ANY
MATERIAL CHANGE IN THE EXTERIOR APPEARANCE OF THE HISTORIC
PROPERTY AS SHOWN ON THE OFFICIAL ZONING MAP OF THE CITY;
REPEALING CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY;
TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular
session on the _____ day of ______________, 2012 as follows:
Whereas, the Council of the City of Milton, Georgia (“City Council”) has
established the Milton Historic Preservation Commission (“Commission”) in and
for the City by its Historic Preservation Ordinance Number 12-04-133 (“HPC
Ordinance”) on April 23, 2012, and
Whereas, pursuant to its purposes under the HPC Ordinance establishing the
Commission, the Commission has recommended to the Council the establishment
of a historic property in the City, and
Whereas, the Commission’s recommendation to the City Council of the historic
property comes after an application for designation, and
Whereas, the Commission and the City Community Development Department
Staff have prepared a report setting forth the physical description of the proposed
historic property; a statement of significance; a statement of justification for the
proposed property; a map showing the property boundaries and classification of
individual structures therein, and
Page 2 of 5
Whereas, the City Council upon consideration of the report of the Community
Development Staff and recommendation of the Commission finds that the
proposed historic property is a geographically definable area containing buildings,
structures, sites, objects, landscape features or works of art or a combination
thereof which are an outstanding example of a structure representative of an era,
or one of the few remaining examples of a past architectural style, or a site or
structure associated with an event or person of historic or cultural significance, or
a site of natural or aesthetic value that is continuing to contribute to the historical
or cultural development and heritage, and
Whereas, the hereinafter described land should be designated as a local historic
property within the City of Milton, Georgia,
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Milton,
Georgia, as follows:
SECTION 1 PURPOSE
In support and furtherance of its findings and determination that the historical,
cultural, and aesthetic heritage of the City of Milton, Georgia is among its most
valued and important assets and that the preservation of this heritage is essential
to the promotion of the health, prosperity, and general welfare of the people; and
in order to maintain historic structures and to protect and enhance local historical
and aesthetic attractions to residents and tourists and thereby promote and
stimulate business; and in order to enhance the opportunities for federal or state
tax benefits under relevant provisions of federal or state law; and in order to
provide for designation, protection, preservation, and rehabilitation of historic
properties and to participate in federal or state programs to do the same; and in
accordance with the HPC Ordinance to establish a Historic Preservation
Commission in the city, to provide for issuance of a Certificate of
Appropriateness, to provide for an appeals procedure, to repeal conflicting
ordinances, and for other purposes;
The City Council hereby declares it to be the purpose and intent of this ordinance
to designate a historic property in a geographically definable area containing
buildings, structures, sites, objects, landscape features or works of art or a
combination thereof which are an outstanding example of a structure
representative of an era, or one of the few remaining examples of a past
Page 3 of 5
architectural style, or a site or structure associated with an event or person of
historic or cultural significance, or a site of natural or aesthetic value that is
continuing to contribute to the historical or cultural development and heritage of
the City of Milton, Georgia.
SECTION 2 DESIGNATION OF PROPERTY AND BOUNDARY DESCRIPTION
From and after the passage of this Ordinance the following described land as
shown on the attached map is and shall be designated locally as historic for the
City of Milton, Georgia and be included within the H-Historic district pursuant to
the Zoning Ordinance.
Physical Boundary Description
PARCEL 1 (STORE)
SECTION 3 HISTORIC PROPERTY AND OWNERSHIP THEREOF
The owner of the property located at 15260 Hopewell Road, which is to be locally
designated as historic, is shown on the current tax records to be Reunion Park,
LLC.
Page 4 of 5
SECTION 4 HISTORIC PROPERTY BOUNDARIES ON THE OFFICIAL ZONING
MAP
Upon designation, the Historic Property shall be shown on the official zoning
maps of the City of Milton, Georgia and kept as a public record to provide notice
of such designation.
SECTION 5 CERTIFICATE OF APPROPRIATENESS
Upon the effective date of this Ordinance no material change in the exterior
appearance of any structure, site, object or work of art upon the designated
Historic Property shall be made or be permitted to be made by the owner or
occupant thereof, unless or until the application for a Certificate of
Appropriateness has been submitted to and approved by the City of Milton
Historic Preservation Commission.
SECTION 6 REPEAL OF CONFLICTING PROVISIONS
All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.
SECTION 7 SEVERABILITY
If any portion of this Ordinance shall be held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect or impair the remaining
portions unless is clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional.
SECTION 8 EFFECTIVE DATE
The effective date of this Ordinance shall be upon approval by the Council of the
City of Milton, Georgia.
Page 5 of 5
SO ORDAINED this _____ day of ___________________, 2012.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
_______________________________
Sudie AM Gordon, City Clerk
(SEAL)