HomeMy WebLinkAboutMinutes CC - 05/20/2013 - MINS 05 20 13 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Pagel of 21
This summary is provided as a convenience and service to the public, media, and staff. It is not the
intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice.
Public comments are noted and heard by Council, but not quoted. This document includes limited
presentation by Council and invited speakers in summary form. This is an official record of the Milton
City Council Meeting proceedings. Official Meetings are audio and video recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on May 20, 2013 at
6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Jason Howard, StoneCreek Church, Milton, Georgia.
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
Councilmembers Present: Councilmember Kunz, Councilmember Large, Councilmember Hewitt,
Councilmember Thurman, and Councilmember Lusk.
Councilmembers Absent: Councilmember Longoria.
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
(Agenda Item No. 13-122)
Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following
changes:
• Move Agenda Item No. 13-129 from New Business to after Reports and Presentations.
• Add an Executive Session to discuss litigation and personnel.
Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember
Longoria was absent from the meeting.
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
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PUBLIC COMMENT (None)
CONSENT AGENDA
1. Approval of the May 6, 2013 Regular City Council Meeting Minutes.
(Agenda Item No. 13-123)
(Sudie Gordon, City Clerk)
2. Approval of the Financial Statements for the Period Ending April, 2013.
(Agenda Item No. 13-124)
(Stacey Inglis, Assistant City Manager)
3. Approval of Addendum #1 to the Professional Services Agreement between the City of Milton
and Owens Environmental Design, LLC for the Deerfield Park Design Services.
(Agenda Item No. 13-125)
(Jim Cregge, Parks and Recreation Director)
4. Approval of an Agreement between The City of Milton and Special Events Network, LLC for
the Movies at the "Family, Fun, Flicks & Flurries" Summer Event Series on June 8 and 24, 2013.
(Agenda Item No. 13-126)
(Jason Wright, Communications Manager)
5. Approval of an Agreement between The City of Milton and Franz Construction Services, LLC
for Fire Station Renovations.
(Agenda Item No. 13-127)
(Bob Edgar, Fire Chien
6. Approval of the City of Milton's Release of All Copyright Claims Pertaining to the "New Milton
Business Alliance Logo" to the Milton Business Alliance.
(Agenda Item No. 13-128)
(Chris Lagerbloom, City Manager)
Motion and Vote: Councilmember Kunz moved to approve the Consent Agenda. Councilmember
Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was
absent from the meeting.
REPORTS AND PRESENTATIONS
1. Proclamation Honoring Milton Students who Chose to Serve their Country in a Military Career.
(Councilmember Bill Lusk)
2. Proclamation Honoring Milton Grows Green Volunteers and Sponsors for their Support of the
2013 Earth Day Festival.
(Councilmember Matt Kunz)
3. Proclamation Recognizing Memorial Day.
(Councilmember Bill Lusk)
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Monday, May 20, 2013 at 6:00 pm
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FIRST PRESENTATION (None)
PUBLIC HEARING (None)
Zoning is transcribed verbatim
ZONING AGENDA
1. Consideration of U13-01NC13-02 — Birmingham Highway (SR 372) East Side, Luca Gianturco
for a Use Permit for one baseball field and an 8,800 square foot barn. A concurrent variance is
also requested to delete the 75 foot buffer and 10 foot improvement setback adjacent to AG -
1 /Residentially used property and provide a 50 foot setback along the north, east, and south
property lines. [Section 64-114(3)(b)].
(Agenda Item No. 13-089)
ORDINANCE NO. 13-05-172
(First Presentation at April 8, 2013 Regular Council Meeting)
(Deferred at April 22, 2013 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Robyn MacDonald, Principal Planner:
Good evening Mayor and City Council. This item was before you last month and was deferred to have
further work with the applicant to resolve some issues. Just to refresh you a little bit, it contains 4.814
acres currently zoned AG -1 and is part of a larger track of AG -1 zoned land. A grading permit was
issued on May 29, 2012 for the subject site and revised grading permit on August 27, 2012 for the
construction of a baseball field. The applicant seeks a use permit for recreational field. This is existing
zoning. As you can see, the beige is AG -1 to the north/northwest is C-1 which is the garden center.
Again, this is a future land use where most of the area is recommended for agricultural estate residential
and equestrian. This is a site plan that has been submitted on February 5, 2013. Again, as stated above,
a grading permit was issued on May 29 for the site as well as an adjoining parcel to the south. The plan
proposes additional pasture areas for agricultural uses as well as building pads for future green houses.
All of these uses are permitted under AG -1 zoned property. After the issuance of the grading permit, a
revision to the grading permit was made on August 27`h to substitute a baseball field for the paddock on
the eastern portion of the site. At that time, Community Development's Plan and Review staff was
informed that the baseball field would be for personal use of the property owner. This limited use of the
baseball field would not require any additional zoning actions. After the revision to the grading permit
was approved, the Community Development Department was informed that the proposed baseball field
would be utilized by players other than the owner's family. Staff informed the applicant that a use
permit for rec. fields would be required to allow the use of the field by others other than his personal
use. The Planning Commission on their March 26, 2013 meeting recommended approval/conditional of
U13-01 and the concurrent variance for the deletion of the 75 foot buffer with the following conditions
that they recommended:
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a) Provide evidence that all adjacent land owners have no opposition to the deletion of the buffer
and replace with the 50 foot setback as proposed and that the agreed upon landscape plan with
Mr. Bateman be spread on the record shown as Exhibit A.
b) At the time the building is constructed, restroom facilities be constructed at that
time.
c) Hours of operation are limited to daylight hours.
So, again, these were conditions that were recommended by the Planning Commission. And, this is the
exhibit of Mr. Bateman's landscape plan and our City Arborist has seen it and has stated that it is fine
with him. On April 22nd of this year, you all voted to defer the item to the May 20`h meeting which is
tonight. The City Council discussed the following issues that needed further investigation by staff prior
to final recommendation.
1) Will the subject site meet the required number of tree density units on the site?
• The City Arborist stated that the requirement will be based on an agricultural use that
requires 15 tree density units per acre.
• Staff has worked with the applicant, and the Use Permit does meet the required tree
density total of 72.21 tree density units within the legal description area for the Use
Permit.
I believe you have a copy of Mr. Reece's report that the Arborist had reviewed and he is
totally fine with and agrees with it. That is in front of you if you want to look at the specifics
of it.
2) How will the Americans with Disabilities (ADA) requirements for the baseball field be met? The
Building Official has stated that the following items will be required to be incompliance with
ADA requirements:
• Handicapped parking space to be located closer than regular parking spaces. Staff
recommends that the placement of the handicapped space be provided adjacent to the
proposed building based on the need to provide a two percent slope to access the
viewing area.
• Access should be derived via the C-1 parcel to this proposed handicapped parking
space location.
• Provide a handicapped accessible viewing area on each team side via a two percent
ramp.
• Provide a portable handicapped restroom until proposed building is constructed.
• All pathways/ramp to be ADA compliant.
3) In addition, it was determined that the south property line needed to be legally advertised. Staff
has advertised this additional property line as required by the Zoning Ordinance.
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4) Staff also notes that the applicant has provided a letter from the property owner to the
east, Lawrence Partnership, stating they were not opposed to the plan.
They handed it to you all at the last meeting if you remember that. So, here are some pictures of the
property as it exists today. This is looking north and to the right is the slope of the baseball field. This
is looking approximately south with the baseball field on your left and this is the area where the building
would be approximately, I believe, the proposed building. This is the top. This is looking at home plate
at the outfield of the baseball field. You can see the drainage as it comes toward you coming down. So,
the requirement of the building official is that the parking space would be kind of toward you to the
south and that they have to keep a 2% slope to access a proposed viewing area next to the home plate
area.
In conclusion, the proposed baseball field, if developed with Staff Recommendations, meets the
requirements and development standards of the requested Use Permit. The applicant has not
demonstrated the need for the requested concurrent variance to reduce the 75 foot buffer and 10 foot
improvement setback to a 50 foot setback along the north, east and south property lines. Therefore, Staff
recommends DENIAL of VC13-02 and APPROVAL CONDITIONAL of U13-01.
Staff offers the following Recommended Conditions for a Use Permit for a baseball field and building:
1) To the owner's agreement to restrict the use of the subject property as follows:
• One (1) baseball field and building at a density of 1,828 gross floor area per acre zoned or
a total of 8,800 square feet, whichever is less.
2) To the owner's agreement to abide by the following:
• To the site plan received by the City of Milton Community Development Department on
February 5, 2013. Said site plan is conceptual only and must meet or exceed the
requirements of the Zoning Ordinance and these conditions prior to the approval of 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:
• Provide a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the
north, east, and south property lines.
• Require 72.21 tree density units to remain on site, planted on site, a combination of both,
or in lieu of planting, the dollar amount to be determined by the City Arborist may be
placed in the City Tree Fund.
Just to clarify, the 72.21 tree density units are on the property of the 4 plus acres. It is not on
any other portion of his property. So, I just want to clarify that.
• Provide a recorded cross -easement between the subject property and the property to the
north for pedestrian access.
• No outside loudspeakers permitted on the site.
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• No outdoor lighting, including lighting for the field, permitted on the site.
• No concessions permitted within the proposed 8,800 square foot building or new or
temporary structures or vehicles used for concessions.
• Comply with all ADA (Americans with Disabilities) site and building requirements and
other building code requirements for the baseball field and 8,800 square foot building.
• Provide plantings as shown on Mr. Bateman's planting plan (Exhibit A) at the southeast
corner of the site.
And, I have included these other conditions that were recommended by the Planning Commission if you
so choose to include any of these. I outlined those earlier. And, again this is Mr. Bateman's plan. And,
so that concludes the staff's recommended conditions and report. Thank you.
Scott Reece, 13685 Highway 9, Milton, Georgia 30004
Mr. Mayor and members of the council, I am Scott Reece from Reece and Associates doing business at
13685 Highway 9, Milton, Georgia. I am here tonight representing Luca Gianturco and his application
for a special use permit to operate a private baseball field. I feel like I have visited this proposal before
and in the interest in all of our sanity and to eliminate any boredom, I have met with staff and we have
attempted to address all of the concerns. I apologize that our timing was kind of an issue but we have a
recommended conditions from the applicant. I apologize, there is one that I have just discovered that I
think needs to be changed and Robyn and I in our discussion somehow missed that the recorded cross
easement would now need to be pedestrian and vehicular access for the handicap and I missed that also.
I apologize but I think we have the ability to do that hopefully. Basically, there are only going to be a
couple of changes but number one is the same as the staff.
To the owner's agreement restrict the use of the subject property as follows:
• One baseball field and building at a density of 1,828 gross floor area per acre zoned or a total of
8,800 square feet whichever is less.
To the owner's agreement to abide by the following:
To the site planned received by the City of Milton Community Development Department on
February 5, 2013. Said site plan is conceptual only and must meet or exceed the requirements of
the zoning ordinance and these conditions prior to the approval of 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.
To the owner's agreement to the following site development considerations:
• Provide a 50 foot building set back line on all property lines.
• Provide 72.21 tree density units to remain on site planted on site a combination of both or in lieu
of planting the dollar amount to be determined by the City Arborist may be placed in the city tree
fund.
• Provide a recorded cross easement between the subject property and the property to the north for
pedestrian and vehicular access.
• No outside loud speakers permitted on site.
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• All outdoor lighting must meet the City of Milton night sky ordinance. And, Robyn and I have
discussed we may need to add no field lighting in this proposal.
• Only beverage vending machines are permitted within the proposed 8,800 square foot building or
new or temporary structures or vehicles used for concessions.
• Comply with all required ADA, Americans with Disabilities Act, site and building requirements
and other building code requirements for the baseball field and the 8,800 square foot building.
• Provide planning as shown on Mr. Bateman's planning plan at the southeast corner of the site.
We have gone through and after Robyn and I discussed the problems with topography and meeting the
2% grade, we determined the only place that we could meet the requirements for the handicap parking
were at the proposed barn and we are showing the proposed access from the garden center to the
proposed barn and also the area behind home plate which would allow for the handicap seating. We
have attempted to address all of staff and council and Planning Commission's comments. At this time, I
will conclude my presentation and I will be happy to try to answer any questions. Thank you.
Councilmember Large:
I just wanted to question one thing. This 2% grade we are talking about. Is that for the entire access of
the handicap accessible?
Scott Reece:
It is for the pedestrian. I mean, you can drive a car to the parking space and from the parking space to
the viewing area it has to meet the 2% grade.
Councilmember Large:
My understanding is that the ADA requirement allows up to 5% for assessable grade; a continuous 5%
slope.
Scott Reece:
This was from the building department. That is our typical the 5% but I went on his recommendation. I
couldn't get 5%. There is a 32 foot elevation change from the base to the field.
Councilmember Large:
ADA does allow up to a 5% slope.
Scott Reece:
I thought you guys had a special City of Milton requirement and I was kind of exhausted from the
arguing so. I would substitute that it meets national ADA requirements if I so might as opposed to 2%.
It gives us a little more leeway.
Councilmember Lusk:
Scott, you marked out in orange here the handicap access; you mentioned in your conditions that it must
be vehicular and pedestrian accessible.
Scott Reece:
That orange strip would be, we will create a legal description that will describe that orange strip but he is
not completely through with the road building and after it is completed we will do an as built survey and
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locate that driveway and create a leaps and bounds legal description that will provide the cross
easement.
Councilmember Lusk:
Will it be paved?
Scott Reece:
No, it will be crushed or run or it will be an all-weather that meets what we standardly use on fire truck
access and turn around but it will not be asphalt or concrete. We do understand that the parking space
itself, even though the space may be crush or run or some other material there must be a permanent
paved strip next to and we did the same thing with the garden center and that would be proposed on this
but I did not go to that detail on the site.
Councilmember Thurman:
It looks like to me the difference between what staff has recommended and your applicant recommend
are number three a, e, and f. Is that correct?
Scott Reece:
Yes mam. We are substituting the 75 foot strip with a 50 foot building setback and the recorded cross
easement to include vehicular access and the beverage vending machines and outdoor lighting. The
think with the outdoor lighting is in discussions with staff and the applicant, if the proposed barn is
constructed and it is in use in the winter time and at 5:30 in the afternoon or 6:00 when they step out it is
dark, we would like some outdoor lighting that is downward facing to meet the night sky ordinance.
Just for safety reasons and possibly some security lighting also.
Councilmember Thurman:
But, your intent is not to have the field to be lit the lighting that would be there would be strictly for that
purpose.
Scott Reece:
For that purpose, and we had stated in the original letter of intent that the field was not to be lit.
Councilmember Thurman:
And, then on "f' you said that the only beverage vending machines are permitted within the proposed
8,800 square foot building or new or temporary structures or vehicles used for concessions. I'm not real
sure I understand what that means.
Scott Reece:
What that is, is verbatim from staff up until I added the beverage vending machines. I can't really state,
I think they were trying to encompass any chance of any form or manner of a concession stand being a
temporary concession truck, any new buildings, a temporary tent, so...
Councilmember Thurman:
So, you would say vehicles used for concessions are not allowed because the way I read this says that
they are allowed.
Regular Meeting of the Milton City Council
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Scott Reece:
What I am saying is if they were that it would only be for water, Gatorade, sodas but you can so strike it.
This is my feeble attempt to take a staff condition and word it for my applicant's desire.
Councilmember Thurman:
I want to make sure we are not going to end up with what they have on Thursday nights in Alpharetta
where they have the food trucks.
Scott Reece:
If it would clean it up just to mark that out and just say ... what he is seeking and my poor choice of
semantics I guess. He just wants to have the ability to have beverage vending machines on site to
provide Gatorade, water, or soda for any player.
Councilmember Thurman:
The Planning Commission also had a condition that they had recommended that at the time the building
was constructed that restroom facilities be constructed at that time. Are you willing to have that
condition?
Scott Reece:
Yes mam.
Councilmember Thurman:
So, we could add that to the recommended conditions also. I would like to get staff's opinion on 3(a)
because that is the biggest one because they had recommended denial of the variance and I think this is
actually allowing the variance so I want to get staff's recommendation on the 3(a).
City Manager Lagerbloom:
Staff's recommendation is that if you approve this with conditions 3(a) reads; provide a 50 foot setback
adjacent to the northeast and south property lines.
Councilmember Thurman:
So, staff does not agree with that, the applicant's recommended condition 3(a)?
City Manager Lagerbloom:
Does not.
Mayor Lockwood:
What is the, other than the obvious, the 50 foot setback versus the 75, what is the difference?
Scott Reece:
As we had stated before, the applicant's vision is for as close to a rural farm atmosphere as can be
created with a baseball field. There are steep slopes that were constructed with the baseball field and he
is proposing to fence those slopes and have them grazed with livestock, sheep and goats. The whole
scenario is for it to have a farm like appearance and we were going for that with grassed areas around.
The earlier sessions were if we had neighbor approval of our conditions that the Planning Commission
got on it somewhat earlier and it was my understanding at the last meeting that if we met those that we
were not creating a problem if the neighbors, the people that are most directly affected, are not in
opposition to this then it is almost, I feel like it is a solution looking for a problem. We have tried to
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meet with all the neighbors. Mr. Bateman was the only one that had some concerns about the clearing in
his area and we have addressed that. The other neighbors we have addressed their concerns. So, the
intent is to have it as grassed and as close to approximation of a farm as we can have. That is the
applicant's intent and that is the reason for the variance request for a 50 foot setback which is the
standard in AG property as opposed to a 75 foot planted buffer.
Councilmember Thurman:
I can understand the 75 going to a setback rather than an undisturbed buffer if you want to put the grass
there but I am still having trouble understanding why it needs to go from 75 feet to 50 feet.
Scott Reece:
We were just going with the standard AG zoning which is 50 feet around.
Mayor Lockwood:
If you did the 75 foot setback, would that affect the applicant with the planting buffer. That still would
give the same effect would that encroach on your...
Scott Reece:
A 75 foot structure setback would ... if the problem is that it needs to be a 75 foot structure setback
instead of a 50, I see no real problem with the site plan. We were just proceeding with the same
setbacks that are on AG zoned property.
Councilmember Kunz:
My only question is that from the 50 foot to the 75 foot, does that affect, I just want to make sure I
understand how it affects the baseball field operationally. If it is 75 will that disaffect the baseball field
from that standpoint.
Mayor Lockwood:
It is just the structure I don't think the baseball field matters.
Scott Reece:
My past experiences, the definition of a structure is a structure, not a fence, not grading or use, not a
sidewalk or anything along that line. There is nothing that we are proposing in that additional 25 feet as
far as any structure so if it is the heartburn of going from 50 to 75 and we can proceed and go ahead then
I don't have any problem with that and I don't think the applicant does either.
Mayor Lockwood:
Just to clarify, have there been any negative feedback or comments from neighbors or citizens other than
the one buffer.
Scott Reece:
We have addressed all the neighbors made contact and shown them the plan and the proposed plantings
and discussed the intent for the animals and all for the fencing and everyone was fine with it.
Councilmember Lusk:
I am still a little fuzzy on the setback issue. On your site plan, you are showing the north property line,
east property line, with a 50 foot structure setback.
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Scott Reece:
Yes sir.
Councilmember Lusk:
Are we looking at a variance for that one and then the setback appears to be at the toe of the slope, right?
Scott Reece:
Which property line?
Councilmember Lusk:
North and east.
Scott Reece:
Yes, that 50 foot structure setback is at the toe of the slope on the north property line and it is at the top
of the slope on the east property line.
Councilmember Lusk:
Okay.
Scott Reece:
You know what, I'm going to have to back up because we are proposing the barn 56.34 feet from the
south property line which even though it is property that Mr. Gianturco owns it would be so there we
need to stay with our proposed 50 foot building setback as far as the variance request.
Councilmember Lusk:
And that is just for the barn?
Scott Reece:
Just for the barn, if it needed to be worded that it was the north property line and the east property line
which affect properties not owned by Mr. Gianturco but the south property line if a 75 foot building
setback was proposed upon that line it would...
Councilmember Lusk:
I'm just trying to understand here on the north and on the east you are showing a 50 foot structure
setback on the north it is to the toe of the slope and on the east it is at the top of the slope but then you
have another 20-25 feet to either the top of the slope or the bottom of the slope on those two sides. Is
there an issue with the north property line and the east property line setbacks? Is that part of the
variance?
Scott Reece:
It is part of the variance. The variance, the conditions for a special use permit and the northwest overlay
are you must provide a 75 foot planted buffer and we are asking for relief from that and substituting
instead of a 75 foot planted buffer, we are asking for a substitution of a 50 foot structure setback as
opposed to a 75 foot planted buffer. But we did not show on our site plan the 75 foot planted buffer.
Am I confusing you more? I am not intending to.
Councilmember Lusk:
We may be talking about two different things here.
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Mayor Lockwood:
I think just to clarify and obviously, I think everybody knows the difference between a planted buffer
and a building setback. The north and east property lines are separate owners butting up so the question
might be, do those two property lines need to be 75 foot building setback. The one that you are referring
to with the barn is a property line owned by the same property owner maybe council will look at
allowing a 50 foot setback on that. Is that correct? But, you still do a variance from a planted buffer.
You are asking for that variance.
Scott Reece:
I am asking for the variance from the 75 foot planted buffer to a 50 foot building setback. Or a 75 on the
north and east.
Councilmember Lusk:
I can see where you already have it. You have a 50 foot setback on the north side to the toe of the slope
50 feet on the east side to the top of the slope then you have the slope so there is distance on that slope
too.
Councilmember Hewitt:
It only matters if it is planted or not planted.
Councilmember Lusk:
I think the confusing part of it is the 50 foot structure setback. There is no structure in there.
Scott Reece:
Yes, but we understand that we could not do anything in that 50 feet as far as any proposed feeding
structures for animals, or any type of maintenance shed, anything, we are saying instead of a planted
buffer it would be grassed with animals. It doesn't meet buffer standards, the evergreens on six foot
spacing is what we are trying to avoid.
Councilmember Lusk:
So, the real critical one is the barn setback.
Scott Reece:
Yes sir.
Councilmember Hewitt:
And, y'all would be happy with 75 on the north and east and leave 50 on the south.
Scott Reece:
Acceptable and happy may be two different emotions but agreeable.
Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 13-089 with the
following modifications to the Recommended Conditions:
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Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember
Longoria was absent from the meeting.
2. Consideration of RZ13-10 — Batesville Road (North side approximately 1250 feet west of
Birmingham Highway) Section 2/2, Land Lots 777, 736, 737, Cornerstone Bank, To rezone from
AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 15 single family residences
(minimum 1 acre lots) on 19.9 acres.
(Agenda Item No. 13-118)
ORDINANCE NO. 13-05-173
(First Presentation at May 6, 2013 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Robyn MacDonald, Principal Planner:
Again, council and Mayor, this is a request for rezoning on Batesville Road approximately on the north
side, the northeast side. There is a location map. It contains 19.9 acres. It is currently zoned AG -1 and
developed with 15 lots with one existing house and one under construction. The purpose is to rezone to
CUP, Community Unit Plan, to allow more flexible setbacks for topography issues and correct setbacks
for the existing house. So, this subdivision was approved and constructed under Fulton County. It was
formerly known as a Milton Register subdivision and the proposed name is Highgrove. Brightwater
Homes has purchased all the lots except for the existing home since the time of the application.
Permitted and developed prior to the incorporation of the city. The Planning Commission voted to
approve the requested CUP edits at the April 23`d meeting at a vote of 5-0. Again, this is the existing
zoning. To the southwest is Atlanta National that is a CUP. The future land use calls for low density
residential. This is their site plan. It was revised. The purpose of the revision was to tweak some little
mistakes and just clean it up; nothing major. These are some pictures of the site currently, that is the
entrance off of Batesville and then also here is a house under construction that is being permitted under
us. At the top is the existing house that currently has been built over the setback lines for AG -1 so that
is another reason for asking for the CUP to fix those problems. The lower photograph is a picture of the
existing detention pond near Batesville. There are actually two detention ponds. There is one way in
the rear down the hill that nobody can see. Again, this was built under Fulton County standards that is
why there is a chain linked fence and we are going to talk about how we are going to address that.
Based on the applicant's revised site plan submitted to the Community Development Department on
April 22"d, staff offers the following considerations. With the CUP, it allows the applicant to specify
building setbacks. In this case, they are asking for a 20 foot setback for the front and for the sides 10
feet, except for lot 4, which shall have a 25 foot side setback along the exterior property line. The
a)
Provide a 75 foot building setback along the north and east property lines and 50 foot
building setback along the south property line. (VC 13-02).
b)
Provide a recorded cross -easement between the subject property and the property to the
north for pedestrian and vehicular access.
C)
No amplified sound permitted on the site.
d)
Only beverage vending machines are permitted within the proposed 8,800 square foot
building and must not be visible from the exterior. No temporary structures or vehicles to
be used for concessions.
Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember
Longoria was absent from the meeting.
2. Consideration of RZ13-10 — Batesville Road (North side approximately 1250 feet west of
Birmingham Highway) Section 2/2, Land Lots 777, 736, 737, Cornerstone Bank, To rezone from
AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 15 single family residences
(minimum 1 acre lots) on 19.9 acres.
(Agenda Item No. 13-118)
ORDINANCE NO. 13-05-173
(First Presentation at May 6, 2013 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Robyn MacDonald, Principal Planner:
Again, council and Mayor, this is a request for rezoning on Batesville Road approximately on the north
side, the northeast side. There is a location map. It contains 19.9 acres. It is currently zoned AG -1 and
developed with 15 lots with one existing house and one under construction. The purpose is to rezone to
CUP, Community Unit Plan, to allow more flexible setbacks for topography issues and correct setbacks
for the existing house. So, this subdivision was approved and constructed under Fulton County. It was
formerly known as a Milton Register subdivision and the proposed name is Highgrove. Brightwater
Homes has purchased all the lots except for the existing home since the time of the application.
Permitted and developed prior to the incorporation of the city. The Planning Commission voted to
approve the requested CUP edits at the April 23`d meeting at a vote of 5-0. Again, this is the existing
zoning. To the southwest is Atlanta National that is a CUP. The future land use calls for low density
residential. This is their site plan. It was revised. The purpose of the revision was to tweak some little
mistakes and just clean it up; nothing major. These are some pictures of the site currently, that is the
entrance off of Batesville and then also here is a house under construction that is being permitted under
us. At the top is the existing house that currently has been built over the setback lines for AG -1 so that
is another reason for asking for the CUP to fix those problems. The lower photograph is a picture of the
existing detention pond near Batesville. There are actually two detention ponds. There is one way in
the rear down the hill that nobody can see. Again, this was built under Fulton County standards that is
why there is a chain linked fence and we are going to talk about how we are going to address that.
Based on the applicant's revised site plan submitted to the Community Development Department on
April 22"d, staff offers the following considerations. With the CUP, it allows the applicant to specify
building setbacks. In this case, they are asking for a 20 foot setback for the front and for the sides 10
feet, except for lot 4, which shall have a 25 foot side setback along the exterior property line. The
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Page 14 of 21
purpose of this is that there is a house next to it that is fairly far back on their lot so they want to provide
some extra setback for the new house from that adjacent neighbor. The side yard setback adjacent to the
street is 20 feet and the rear yard is 50 feet. Landscape strips and buffers; staff notes that the 20 foot
landscape strip and fencing are required around all detention ponds pursuant to Section 51-85(c). The
site plan does not indicated the required landscape strip and fencing for the facility adjacent to
Batesville. There is a black clad chain link fence that was erected on the site under Fulton County rules.
The City Arborist has met on site with the applicant, and the applicant has agreed to take down the chain
link fence along the Batesville Road side and Gables Run side and replace it with a six foot high
equestrian style fence. It will be placed approximately 10 feet from the current location away from the
pond to provide an equestrian look at the entrance. So, it is basically providing an entrance feature as
well as providing for storm water facility fencing. The north and east sides of the storm water facility
will keep the existing fence as there are pines and heavy growth and a mix of hardwoods to provide
screening of the fence. Other site plan considerations; although the site plan does not indicate the
required sidewalks, the applicant has stated that they will be constructed as required by the code on both
sides of the street. 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 also contains slopes exceeding 25% and up to 39% in areas.
These aggressive slopes are the reason for the requested rezoning to reduce environmental impact due to
the steep slopes in the rear of the site. In regards to different information that we received from Fulton
County, here is the matrix that they sent us. Birmingham Falls Elementary can meet the capacity but for
Northwestern and Milton, it does not meet; it overflows. This is financial modeling, for your
information, that we do for all of our rezoning requests. In regards to public involvement, on March 27,
2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the
Milton City Hall. There was no one from the community in attendance. City of Milton Design Review
Board Meeting was held on April 2, 2013. The board suggested to incorporate the topography into your
house placement. They were in agreement with that. Also, provide a "streetscape" that promotes
walking within the subdivision. In which, they were open to that as well. Standards of review, I will just
go through this because the request is consistent with the Comprehensive Plan and what is surrounding
it. Will the proposal adversely affect the existing use or usability of adjacent or nearby property? It is
staff's opinion that it will not adversely affect the user usability of nearby adjacent properties. The
subject site may have a reasonably use currently zoned AG -1. Staff does not anticipate a significant
impact on public services or utilities. The estimated number of new students for the proposed re -zoning
which will have an impact on Birmingham Falls Elementary, Northwestern Middle School, and Milton
High School is minimal. The subdivision is already developed and will not have a negative impact on
existing streets, transportation facilities, or utilities. The proposed density; whether the proposal is in
conformity with the policies and intent of the land use plan. The plan calls for low density residential
and the proposal is consistent at .753 units per acre. The majority of the lots in the rear of the
development have substantial slopes. The request for the proposal of CUP allows for additional
flexibility to better site the remaining homes within the subdivision. These facts are grounds to
recommend approval of the proposed CUP if developed with the recommended conditions. The
proposed use will not be environmentally adverse to the natural resources, environment, and citizens of
the city if developed with the recommended conditions. In conclusion, if developed as a CUP with the
recommended conditions, the fifteen lot single-family subdivision would be consistent with the 2030
City of Milton Comprehensive Plan and will provide for a better development with the proposed CUP
development standards. Therefore, staff recommends Approval/Conditional of RZ13-10 to CUP. Staff
offers the following recommended conditions for the requested re -zoning to CUP for fifteen lots:
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Page 15 of 21
To the owner's agreement to restrict the use of the subject property as follows:
a. Single family detached dwellings and accessory uses and structures.
b. No more than 15 total dwelling units at a maximum density of .753 units per acre, whichever is
less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The
developer is responsible through site engineering (at the time of application for a Land
Disturbance Permit) to demonstrate that all lots/units within the approved development meet or
exceed all the development standards of the City of Milton. The total lot/units yield of the
subject site shall be determined by this final engineering.
To the owner's agreement to abide by the following:
a. To the revised site plan received by the Community Development Department on April 22, 2013
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. Unless otherwise noted herein, compliance with all conditions shall
be in place prior to the issuance of the first Certificate of Occupancy.
b. All areas which are not part of an individual lot and held in common shall be maintained by a
mandatory homeowners association, whose proposed documents of incorporation shall be
submitted to the Director of Community Development for review and approval prior to the
recording of the first final plat.
To the owner's agreement to the following site development considerations:
a. Minimum lot size — 43,560 square feet (1 acre)
b. Maximum Height — 35 feet
c. Minimum lot width (at building line) — 100 feet
d. Minimum lot frontage — 35 feet
e. Minimum heated floor area per unit — 3,500 square feet
f. Minimum front yard setback — 20 feet
g. Minimum side yard setback —10 feet except for lot #4 which shall have a 25 foot side
yard setback along the exterior property line
h. Minimum side yard setback adjacent to a street 20 feet
i. Minimum rear yard- 50 feet
j. Construct sidewalks on both sides of streets for the entire development per City Code
Chapter 50, Subdivisions
To the owner's agreement to abide by the following:
a. The storm water management facilities 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 City of Milton Department of
Community Development and the Department of Public Works.
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Page 16 of 21
b. Where side slopes for storm water 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 equivalent as may be approved by the City of
Milton Public Works Department.
c. Provide a 20 foot landscape strip on the exterior side of the required fencing for the storm
water management facility adjacent to Batesville Road with selection of plantings
approved by the City Arborist.
That concludes our staff report.
Mayor Lockwood:
Just to clarify, going to a CUP zoning really just allows some internal flexibility for the property owner
to develop lots with slopes and things like that but overall as far as zoning and density and all that it is
AG -1 for the minimum in Milton; they are not getting any more lots.
Councilmember Thurman:
The only thing I did not see in this which we sometimes see is a minimum distance between houses
because that can make a big difference on how something looks. I guess here you would actually have
houses that were just 20 feet apart?
Robyn MacDonald:
That's correct. That is based on the topography.
Councilmember Thurman:
I know that a lot of times we do even with a minimum side yard setback we still have minimum
distances between the homes just to make sure you don't end up with something that gives a very
different look than what was intended. Is that something staff...
Robyn MacDonald:
So, you are saying that if they were asking for 10 feet you would say a 20 feet separation?
Councilmember Thurman:
There would be no reason to say 20 feet it would have to usually be something like a minimum of 25
feet between residences to make sure that you didn't end up with more of a cluster type look of the
homes.
Robyn MacDonald:
You would have to ask the applicant about that.
Councilmember Burt Hewitt:
Isn't that what the setback is for?
Robyn MacDonald:
Right, it is for 10 feet to the side, correct.
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Page 17 of 21
Councilmember Thurman:
A lot of times, even with the setback, you still have a minimum distances between because if you had to
use because of the topography if one was 10 feet off then you don't want it to look like your houses are
very close together in one area and apart in another.
Mayor Lockwood:
Well, by default, the setbacks are going to control that, obviously...
Councilmember Thurman:
Not necessarily.
Mayor Lockwood:
You can add a minimum distance but I'm not sure if that is an issue and the applicant can speak and can
maybe address that. Are there any other questions for staff? If not, I will go ahead and open with
persons speaking in support of this application.
John Loyd, 1785 White Circle, Suite 202, Marietta, Georgia 30066
Good evening. My name is John Loyd with Ridge Planning and Engineering. I am here speaking on
behalf of the applicant, Brightwater Homes. We have met with staff on a handful of occasions.
Obviously, our concern and the reason for the application for re -zoning is for relief on the existing
topography, limit clearing and grading in order to decrease the environmental impact. We accept the
staff recommendations with the clarification on condition (i) which is that the five board equestrian style
fence be limited to the entry pond. The secondary pond which is in the back of the property is about 80
feet below the curb and it is currently grown up and it was under the Fulton County standard which is a
chain -linked fence. We just feel that any efforts we put down there would probably be better used
landscaping the entrance and with that I would like to turn it over to Charlie Boswick with Brightwater
Homes.
Charlie Boswick, 5115 Long Island Drive, Atlanta, Georgia 30327
We are a design building firm that does custom architecture. We spend a lot of time trying to make sure
we have place appropriate architecture and I think in this case that means equestrian style farm houses
which I call the Crabapple style and I think what we are talking about here will allow us to reach that
even more so that we've got the space to do a wider home where the house can be a farmhouse and the
garage can be a carriage house and it can feel upscale while still feeling farmhouse. When we think
about how to lay out a neighborhood, we think often about how to make it livable and walkable and so
we were planning to put sidewalks on both sides already anyway. Run sidewalks from large front
porches out to the street, street trees along the street, that sort of thing. I think streets can be exciting, by
the way. Right Robyn? So, the big thing here is that the changes we are talking about making will
create, will be better practices for environmental purposes. We are a green builder as well and taking
down fewer trees, disturbing less slope and all of that sort of thing, I hope we are leaning towards that
and as Mr. Loyd said, we met on site with the Arborist, Mark Law, and talked about where to put the
new horse fence and where to take down the chain linked fence and we are pleased with what he
suggested. I think it is better for everyone to actually bring it out from the pond a little bit and give
access to maintenance of the pond will help a lot as well. Along Batesville, along Gables Run as you
enter the two places, he has asked us to put it and we are happy to do that.
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Page 18 of 21
Mayor Lockwood:
I will go ahead and close the public hearing. If there are any questions or if the applicant wants to
address the concern of Councilmember Thurman on the setbacks, I guess it would be 20 feet between
the homes if that is an issue or if you've got lots on there where that is an issue.
Charlie Boswick:
I can do that now. So, most of these homes will be side entry garages and so for the most part that will
give us quite a bit of space between the houses where we have the side entry garages so I don't think
that is going to be an issue. There is one particular place in a cul-de-sac where it may pinch just a little
bit but I think for most of the site we will end up with well in excess of the twenty feet between homes.
Councilmember Thurman:
And, just for the record. The rumor mill in Milton is that you are building a bank with drive through on
the property. I assume based on the site plan that there is no bank with a drive through going onto the
property?
Charlie Boswick:
That is correct. That is news to me. That is a new one for me. That is correct. There is nothing but
individual residential homes on this site.
Councilmember Thurman:
I have had comments from people who are concerned about the bank and the drive through of the bank
on the property.
Councilmember Bill Lusk:
You mentioned the detention pond in the rear of the property, is it overgrown? Are you going to
abandon that pond and just use the front pond?
John Loyd:
No, I may have mis-spoken. It has grown in. I wouldn't say that it has overgrown. There are some
existing trees that are in place there. Before Mr. Boswick purchased the property, we also did an
evaluation of the existing facilities where everything is in place and functioning. So, it is not as if it is
abandoned or overgrown, it is more that it is mature with natural growth.
Councilmember Lusk:
It hasn't been maintained?
John Loyd:
No, up until now, it has not been maintained because it was not in any kind of maintenance program
previously; I would still say that it is also functioning. The outlet control structure is in place and it is
working there is no issue from that standpoint that I could tell.
Councilmember Lusk:
But, it will be maintained?
John Loyd:
Yes, it will be maintained in the future.
1
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Page 19 of 21
Mayor Lockwood:
That is what inspectors and inspections are for.
Councilmember Lusk:
Well, there are several violations around Milton that need to be corrected.
Councilmember Lance Large:
Talking about the setbacks, you were saying in the cul-de-sac, you might have a place in the cul-de-sac
where the front corners of two houses may be closer together but then there are verging walls.
Charlie Boswick:
That is exactly right. It wouldn't be that the whole houses are that close to each other it just may be at
one point they are not 40 feet apart at that point.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-118 with the Staff
Recommendations. Councilmember Kunz seconded the motion. The motion passed unanimously (6-
0). Councilmember Longoria was absent from the meeting.
End of verbatim transcription
UNFINISHED BUSINESS (None)
NEW BUSINESS
1. Consideration of a Resolution Appointing a Member to the City of Milton Construction Board of
Adjustment and Appeals by Appointing Mike Doyle for District 3.
(Agenda Item No. 13-129)
RESOLUTION NO. 13-05-259
(Mayor Joe Lockwood)
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-129. Councilmember
Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was
absent from the meeting.
MAYOR AND COUNCIL REPORTS
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Page 20 of 21
1
STAFF REPORTS
Sam Trager, Human Resources Director:
We decided to search for a new employee benefits company.
We have been using the same company since the city began in 2006.
After an RFQ, we decided to accept Ascension Benefits and Insurance Solutions.
This change will be effective July 1, 2013 which will allow us to have everything in place for our Open
Enrollment on October 1, 2013.
1. Discussion of the Wireless Telecommunications Ordinance Dealing with Co -Location Options.
Chris Lagerbloom, City Manager:
When the cell phone tower application was received, one of the opportunities that we had was to
co -locate on an already existing tower in Milton.
However, the tower was full and couldn't accept an additional carrier.
We all know we do not want more cell phone towers in Milton; however, we want to be able to
provide adequate cell phone coverage in the city.
So, we should look at being able to co -locate on an existing tower.
After extensive review, I discovered that either an existing tower can be extended upward or a
tower of better technology and design can be built in the same area where a tower already exists
and the old tower can be removed.
I am asking for your approval tonight to review our existing ordinance regarding cell phone
towers and see how we might be able to modify it.
2. A Procedural and General Discussion of Accepting a +/- 1 Acre Parcel of Land Located on
Birmingham Highway In the Blue Valley Subdivision.
Carter Lucas, Public Works Director:
This piece of property is located on the very north of town off of 372 immediately before the
Cherokee County line in the Blue Valley Subdivision.
In 2006, when Liberty Grove Road was relocated, originally it ran along the county line and
intersected 372 at an odd angle.
When the Blue Valley Subdivision was developed, they realigned Liberty Grove Road to get a
better angle with 372 and then abandon the old right-of-way.
That left a little remainder piece of land which is about an acre which is not suitable for any type
of development within the Blue Valley Subdivision.
During that time, there was discussion about deeding that piece of property to the City of Milton
or maintaining it as some of type of conservation easement in which it would remain
undeveloped but still under the control of the subdivision.
Regular Meeting of the Milton City Council
Monday, May 20, 2013 at 6:00 pm
Page 21 of 21
Over the years, the Blue Valley Subdivision did not grow due to the downward economy.
It has since been sold to Sharp Realty and they are currently developing the property.
The question arose whether or not the City of Milton would like to have this property dedicated
fee simple or maintained in a conservation easement.
With fee simple, we would be required to maintain it but would have greater control over the
property.
If we maintained it in a conservation type, it would remain undeveloped but under the control of
the subdivision.
There are two very large trees on the property.
We are currently moving in the direction of accepting this piece of property as a fee simple
acquisition.
Please let me know if there is any objection to taking this direction.
EXECUTIVE SESSION
Motion and Vote: Councilmember Lusk moved to go into Executive Session to discuss litigation
(personnel discussion removed) at 8:04 p.m. Councilmember Thurman seconded the motion. The
motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting.
RECONVENE
Motion and Vote: Councilmember Thurman moved to reconvene the Regular Meeting at 8:40 p.m.
Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember
Longoria was absent from the meeting.
ADJOURNMENT
(Agenda Item No. 13-130)
Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at
8:42 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0).
Councilmember Longoria was absent from the meeting.
After no further discussion the Regular Council Meeting adjourned at 8:42 p.m.
Date Approved: June 3, 2013.
Sudie AM Gordon, City Clerk
tx�7) 11-�' -
Joe Lockwood, r
STATE OF GEORGIA )
AFFIDAVIT RE: CLOSURE OF
COUNTY OF FULTON ) OPEN MEETINGS
CITY OF MILTON )
Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia
to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council
meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his
knowledge and belief the following:
At a Regularly Scheduled City Council Meeting held on May 20, 2013, at 6:00 PM the Council voted to go
into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to
the exempt matters addressed during such closed meeting are as follows:
[Check or initial as appropriate]
1. discussion or voting to authorize negotiations to purchase, dispose of, or lease
property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate;
entering into contract to purchase, to dispose of, or lease property subject to approval in a subsequent
public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a
subsequent public vote pursuant to O.C.G.A, 50-14-3(b)(1)(B-E);
2. discussing or deliberating upon the appointment, employment, compensation, hiring,
disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or
interviewing applicants for the executive head of the city with the vote on any such matter coming in
public pursuant to O.C.G.A. 50-14-3(b)(2);
3. X attorney/client privilege in order to consult and meet with legal counsel pertaining
to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions
brought or to be brought by or against the agency or any officer or employee or in which the agency or
any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(1).
4. other (explanation):
I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to
matters of official business or policy, with the exceptions provided by law as set forth above.
SWORN TO AND SUBSCRIBED before me
this 20th day of May, 2013. %1111111A
Notary Public
My Commission Expires:
MAYOR JOE KWOOD