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01-22-2014-Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Wednesday, January 22, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jeff Kane, C3 Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-018) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the December 16, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 14-019) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 22 , 2014 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the January 6, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-020) (Sudie Gordon, City Clerk) 3. Approval of Change Order #1 to the Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for the Crabapple Phase I Environmental Site Assessment. (Agenda Item No. 14-021) (Carter Lucas, Public Works Director) 4. Approval of the following Subdivision Plats: Name of Development Action Comments Tamsa Gottlieb Minor Subdivision Plat Parcel subdivided into two lots - 920, 953 Braeburn aka Office Village Final Plat Revision Add building 20 and redefine future building 10 Aycock Properties Minor Plat Create 3 lots Baker's Farm Final Plat Subdivide parcel into 5 lots Baker's Farm Final Plat Revision Added lot numbers to tracts Lake Haven Subdivision aka Holloway Subdivision Final Plat Revision Remove lot 32, revise lot line between Lot 47&51, add easement lots 11&12 The Manor Golf Course & Country Club Phase 2 Final Plat Create 11 lots The Manor Golf Course & Country Club Phase 2 Final Plat Revision Modified lot line between lots 285 & 286 Blue Valley Phase 1 Final Plat Create 29 lots Blue Valley Phase 1 Final Plat Revision Add lots 80,81,and 82, add fire easements same lots (Agenda Item No. 14-022) (Kathleen Field, Community Development Director) 5. Approval of Revisions to the Personnel Policy Handbook to Include Verbiage Regarding Liability Insurance. (Agenda Item No. 14-023) (Sam Trager, Human Resources Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 22 , 2014 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing City of Milton 2013 Officer of the Year (Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend the City of Milton Radar Permit to Include the Cambridge High School Zone. (Agenda Item No. 14-024) (Carter Lucas, Public Works Director) 8) PUBLIC HEARINGS (None) 9) ZONING AGENDA 1. Consideration of U13-04/VC13-04 – 13895 Hopewell Road by Jeff Runner for a Use Permit to Use the Existing House and Approximately Five Acres for a Special Event Facility (Sec. 64-1812). A Three-Part Concurrent Variance for the Following: 1) To Delete the 8 Foot High Opaque Fence Along the South Property Line [Sec. 64-1812 (b)(2)]. 2) To Delete the 75 Foot Undisturbed Buffer and 10 Foot Improvement Setback Along All Property Lines [Sec. 64-1141(3)(b)]. 3) To Delete the Three Year Period Requirement [Sec. 64-1812(b)(6)]. 4) To Allow Access from a Local Street [Sec. 64- 1812(b)(1)]. (Agenda Item No. 13-288) (First Presentation at December 2, 2013 Regular Council Meeting) (Deferred at the December 16, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ13-17 – 13980 Freemanville Road by Fuqua and Associates to Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to Develop 9 Single Family Residences on 16.98 Acres. (Agenda Item No. 14-005) (First Presentation at January 6, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 22 , 2014 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of RZ13-19 – 13941 and 13943 Highway 9 North by Ashton Atlanta Residential, LLC to Rezone from O-I (Office-Institutional) to TR (Townhouse Residential) to Develop 24 Single Family Residences. (Agenda Item No. 14-006) (First Presentation at January 6, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of T13-03/VC-08 - 330 Batesville Road by STC Two LLC (d/b/a Crown Castle USA) to Replace the Existing 150 Foot High, Stealth Designed “Light Pole” Telecommunications Tower with an 195 Foot High “Mono-Pine” Telecommunications Tower and a Two Part Concurrent Variance: 1) To Reduce the Tower Setbacks from Adjacent Property Lines from 293 Feet on all Sides to (a) 165 Foot and 181 Feet on the Northwestern Property Lines, (b) 175 Feet on the Northeastern Property Line, and (c) 49 Feet on the Eastern Property Line, all as More Particularly Shown on the Site Plan Filed Herewith. (Sec. 54-6(d)(2)). 2) To Waive the 20 Foot Landscaping Buffer Requirement as the Ground Equipment on the Site will be Shielded by a Wooded Slatted Fence and Existing Vegetation. (Sec. 54-6(e)). (Agenda Item No. 13-297) (First Presentation on December 16, 2013 Regular City Council Meeting) (Deferred at January 6, 2014 Regular City Council Meeting) (Chris Lagerbloom, City Manager) 11) NEW BUSINESS 1. Consideration of A Resolution Appointing or Reappointing Members to the City of Milton Construction Board of Adjustments and Appeals for District 1/Post1, District 2/Post 1, District 3/Post 1 and At Large. (Agenda Item No. 14-009) (Deferred at January 6, 2014 Regular City Council Meeting) (Mayor Joe Lockwood) 2. Consideration of a Contract between the City of Milton and Federal Signal Corporation for the Purchase and Installation of Outdoor Emergency Warning Sirens. (Agenda Item No. 14-025) (Matt Marietta, Fire Marshal/Emergency Manager) 3. Ratification of a Second Amendment to the Intergovernmental Agreement (IGA) for the Extraterritorial Provision of Sewer Service by Fulton County for Property Located at 13175 Hopewell Road, Milton Georgia. (Agenda Item No. 14-026) (Chris Lagerbloom, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 22 , 2014 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Consideration of a Resolution Unilaterally Modifying the Sewer Service Map between the City of Milton and Fulton County Pursuant to the Amended Fulton/Milton Sewer Intergovernmental Agreement. (Agenda Item No. 14-027) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-028) The minutes were provided electronically VHOMEOF i 1 LTOiN'� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Approval of Change Order #1 to the Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for the Crabapple Phase I Environmental Site Assessment. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �,X� APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED. ( YES () NO APPROVAL BY CITY ATTORNEY (O_APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 61 2-2-1.4 REMARKS * 4 O koelz t4 -'41C- /./ /Ll--: Q u,Zt- s 2.a ri F i c,10 n o ,.J . , T A Gt re -0 kn, o W & rt'2 TZ --S r-1 A, cy !f: T n -A - -C vE 3 C T -C) TZ--. i.v Ca2��sia��tL . ©yYouID_ **ity* PHONE: 678.242.2500 1 FAX: 678.242.2499 rncEEwEeo' Green , Certified , WINNER Community nth s info@cityofmiltonga.us www.cityofmiltonga.us `� ._ ..,.- ...,.. .,.,., �� 6thice f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTIFIED BRONZE To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on December 27, 2013 for the January 22, 2014 Regular Council Meeting Agenda Item: Approval of Change Order #1 to the Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for the Crabapple Phase I Environmental Site Assessment ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This change order is to provide a limited Phase II ESA that would include one boring and groundwater sample as was recommended in the Phase I Environmental Site Assessment. Staff is recommending approval of the change order in the amount of $4,250 to complete the limited Phase II evaluation. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Future City Facilities account in the Administration Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 12/27/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1. Change Order #1 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT Crabapple Phase I Environmental Site Assessment WHEREAS, the City of Milton, Georgia and Universal Engineering Sciences, Inc. have entered into a Professional Services Agreement (the “Agreement”) dated December 4, 2013, incorporated herein by reference, for a Phase I Environmental Site Assessment; and WHEREAS, the parties desire to issue a Change Order pursuant to Section 4 of 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 amend the Agreement as follows: 1. Section 5. Compensation and Method of Payment; Compensation of the Agreement is amended by replacing “…$1,500…” with “…$5,750…” 2. Exhibit A-Description of Work is amended by adding the following scope of services: LIMITED PHASE II ENVIRONMENTAL SITE ASSESSMENT The objective of the Limited Phase II ESA is to investigate the potential groundwater impacts from the historical uses on the adjoining properties to the southeast of the subject property. UES proposes to advance one boring. The boring will be advanced to groundwater using a drill rig. The test boring will be advanced to evaluate the groundwater at the subject property. A groundwater sample will be submitted for laboratory analysis of volatile organic compounds (VOCs) by EPA Method 8260B. Laboratory results will be obtained on rush next-day turn-around-time. Upon completion of the laboratory analysis UES will prepare a report of findings to include a summary of services provided, laboratory result comparisons with applicable regulatory standards, laboratory analytical reports and recommendations for further assessment, if deemed necessary. 2 COMPENSATION The services described in the scope of work will be provided for a lump sum cost of $4,250.00 based on the estimated cost breakdown: Task 1: Drilling subcontractor $ 2,900.00 Task 2: Laboratory analysis $ 350.00 Task 3: Report preparation/Field oversight $ 900.00 Task 4: Project Expenses $ 100.00 Total $ 4,250.00 Any unexpected conditions or concerns that become apparent during the project may require a revision in the project scope and estimated fees. We will immediately notify you of any necessary change in project scope and fees, and we will obtain written confirmation before we proceed. SCHEDULE The proposed scope of work can be initiated immediately upon receipt of your written authorization to proceed. Universal estimates the work and testing can be completed by January 6, 2014. Universal understands the time sensitive nature of this project. If your schedule needs should change, please advise us. 3. It is agreed by the parties hereto that all of the other terms and conditions of 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 shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 3 Universal Engineering Sciences, Inc. Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness – Corporate Secretary _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ F HOME OF ' ILION ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Approval of the following Subdivision Plats: Name of Development Action Comments Tamsa Gottlieb Minor Subdivision Plat Parcel subdivided into two lots - 920, 953 Braeburn aka Office Village Final Plat Revision Add building 20 and redefine future building 10 Aycock Properties Minor Plat Create 3 lots Baker's Farm Final Plat Subdivide parcel into 5 lots Baker's Farm Final Plat Revision Added lot numbers to tracts Lake Haven Subdivision aka Holloway Subdivision Final Plat Revision Remove lot 32, revise lot line between Lot 47&51, add'easement lots 11&12 The Manor Golf Course & Country Club Phase 2 Final Plat Create 11 lots The Manor Golf Course & Country Club Phase 2 Final Plat Revision Modified lot line between lots 285 & 286 Blue Valley Phase 1 Final Plat Create 29 lots Blue Valley Phase 1 Final Plat Revision Add lots 80,81,and 82, add fire easements same lots MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: r/) APPROVED () NOT APPROVED youan PHONE: 678.242.25001 FAX: 678.242.2499 �• � f 4' E• ?i + ��i y of Community Ethics f info@cityofmiltonga.us 1 www.cityofmiltonga.us ,,.,..,.,. ,.,.-.,w... 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 wcFPTiFIED DPIONZC �e<< CITY ATTORNEY APPROVAL REQUIRED: () YES MNO CITYATTORNEY REVIEW REQUIRED: O YES W, NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: o/ Z Z t I REMARKS iN41--f To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on January 8, 2014 for the January 22, 2014 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Tamsa Gottlieb Minor Subdivision Plat Parcel subdivided into two lots - 920, 953 Braeburn aka Office Village Final Plat Revision Add building 20 and redefine future building 10 Aycock Properties Minor Plat Create 3 lots Baker's Farm Final Plat Subdivide parcel into 5 lots Baker's Farm Final Plat Revision Added lot numbers to tracts Lake Haven Subdivision aka Holloway Subdivision Final Plat Revision Remove lot 32, revise lot line between Lot 47&51, add easement lots 11&12 The Manor Golf Course & Country Club Phase 2 Final Plat Create 11 lots The Manor Golf Course & Country Club Phase 2 Final Plat Revision Modified lot line between lots 285 & 286 Blue Valley Phase 1 Final Plat Create 29 lots Blue Valley Phase 1 Final Plat Revision Add lots 80,81,and 82, add fire easements same lots Plat Revision Staff Memo Funding and Fiscal Impact: None Alternatives: Do not approve Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None AIR HOME OF ` 1 U\� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Approval of Revisions to the Personnel Policy Handbook to Include Verbiage Regarding Liability Insurance. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: M APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: y YES () NO CITY ATTORNEY REVIEW REQUIRED: VA W YES () NO APPROVAL BY CITY ATTORNEY kAPPROVEDAPPROVEDT PLACED ON AGENDA FOR: p l 2 Z /L( I I`}/ IX a REMARKS You._-- PHONE: 678.242.25001 FAX: 678.242.2499 PA.,AwRRR^ -Green „*Cemeed WINNERCity f info@cityofmiltonga.us I www.cityofmiltonga.us _ Ot11111V111tysE�hi,sof 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ',a<< To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on 1/9/14 for the 1/22/14 Regular Council Meeting Agenda Item: Approval of Revisions to the Personnel Policy Handbook to Include Verbiage Regarding Liability Insurance ____________________________________________________________________________ Department Recommendation: Adopt the attached amendment to the Personnel Policy Handbook that states the city provides liability coverage for employees. Executive Summary: A review of our personnel policies revealed the need for additional liability coverage verbiage. The following two sentences are added in the benefit section of the Personnel Policy Handbook to address this standard. Additionally, the city maintains liability insurance coverage, which includes Law Enforcement Liability coverage. This liability coverage protects the city and city employees from claims that may arise out of the course of operations for the city. Funding and Fiscal Impact: None. Alternatives: Other Council directed action. Legal Review: Ken Jarrard – Jarrard & Davis 1/8/14 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Revised pages 28 and 29 of the Compensation and Benefits Chapter of the Personnel Policy Handbook. Compensation & Benefits Chapter Page 28 28 Group Benefit Plans A. GROUP BENEFIT PLAN Section 1: Policy Statement It is the policy of the City of Milton to provide its employees with various insurance, retirement and educational assistance benefits. The benefits plan is designed to provide a supplemental package of programs which contribute to the physical and mental health and well- being of the employee and their dependents. The plan is designed to enhance the attractiveness of working for the City and to aid the City’s competitiveness in recruitment and retention efforts. Section 2: General Provisions (a) Administration The primary responsibility for the day-to-day administration of the benefits plan shall rest with the Director of Human Resources within the limits of these policies and procedures, as well as the actual plan documents that govern the particular benefit. Availability of benefit packages, questions on benefits, and employee discussion regarding benefits can be obtained from the Director of Human Resources. (b) Eligibility Eligibility for health insurance, death benefits, retirement benefits, and tuition reimbursement shall include regular full-time, police and fire shift employees. 1. Employee contributions deducted via payroll will begin concurrent with employee eligibility. 2. Benefit eligibility will expire at the end of the last day of the month that the employee worked for the city. 3. All employees, elected officials and police and fire volunteers shall be covered by worker’s compensation and have access to the Employee Assistance Program. (c) Benefits Continuation The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City of Milton’s health plan for a certain period of time provided by law when a qualifying event would normally result in the loss of eligibility. Compensation & Benefits Chapter Page 29 28 Group Benefit Plans Under COBRA, the employee or qualified beneficiary pays the full cost of coverage at the City of Milton’s group rates, plus an administrative fee established by the City. Certain deadlines and application requirements will apply. Please consult the human resources department if you wish to apply for COBRA benefits. Section 3: Benefits Offered. The City of Milton intends to provide a comprehensive benefit package to aid the recruitment and retention of staff. Benefits will include but not be limited to: health insurance, life insurance, retirement, long-term and short-term disability, and tuition reimbursement. We will annually publish a document that details our benefit plans. The actual plan documents, rather than any summary statements in this Chapter, should be relied upon in determining an employee’s rights and obligations. Additionally, the city maintains liability insurance coverage, which includes Law Enforcement Liability coverage. This liability coverage protects the city and city employees from claims that may arise out of the course of operations for the city. N] HOME 01 ' MIL ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Proclamation Recognizing City of Milton 2013 Officer of the Year MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES () NOT APPROVED (Fr) NO NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: I Z Z 14 REMARKS YT You , * PHONE: 678.242.2500 FAX: 678.242.2499 �2.11�ee Gieeri ` *�- *rtlffd'k ...R) Community * ",ty °+ info@cityofmiltonga.us I www.cityofmiltonga.us 3t Echics J� � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a City of Milton 2013 Officer of the Year WHEREAS, Officer Ara Baronian has been selected as Officer of the Year for the City of Milton Police Department for 2013 as nominated and selected by Command Staff; and WHEREAS, Officer Ara Baronian has performed his duties as an Officer in a faithful and loyal manner by exhibiting his dedication to preserving the rights and security of all Milton citizens; and WHEREAS, Officer Ara Baronian has worked beyond expectations putting in numerous days and hours above and beyond the requirements of his assignment by sacrificing personal time after scheduled hours and on off days; and WHEREAS, Officer Ara Baronian has demonstrated a strong work ethic through his relentless efforts in organizing the K9 Golf Tournament and continued K9 fundraising; and WHEREAS, Officer Ara Baronian displays a professional and commendable demeanor with citizens through his implementation of the RAD classes and MPACT neighborhoods; Now, therefore, I, Mayor of the City of Milton, Milton City Council, and citizens of the City of Milton formally recognize Officer Ara Baronian for his outstanding performance as a member of the Milton Police Department; and I further call that the City of Milton hereby recognizes the achievements of Officer Ara Baronian and expresses pride in presenting to him the 2013 Officer of the Year award. Given under our hand and seal of the City of Milton, Georgia on this 22nd Day of January, 2013. ________________________________ (Seal) Joe Lockwood, Mayor HOME OF ' Ivv I I—, I k ) 1,\j. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend the City of Milton Radar Permit to Include the Cambridge High School Zone. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4 APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES (0 NO CITY ATTORNEY REVIEW REQUIRED: & YES O NO APPROVAL BY CITY ATTORNEY �APPROVED O NOT APPROVED PLACED ON AGENDA FOR: a 1 2 z.i REMARKS You PHONE: 678.242.2500 1 FAX: 678.242.2499n� Green ;Certified * Community x F,sf r info@cityofmiltonga.us www.cityofmiltonga.us ,.. p .— S..,..,.,.—v �, �r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 «^* r [o .^o.:� To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on January 10, 2014 for the January 22, 2014 Regular Council Meeting Agenda Item: Consideration of an Ordinance to Amend the City of Milton Radar Permit to Include the Cambridge High School Zone ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: With the addition of Cambridge High School the City of Milton radar permit must be amended to allow the use of radar enforcement equipment within this school zone. This ordinance amendment is to include the Cambridge High School zone on Bethany Bend and Cogburn Road in Chapter 56, Article III: Speed Limits of the City of Milton, Traffic and Vehicles, no other changes are proposed with this revision. Funding and Fiscal Impact: N/A Alternatives: The council may elect not to add the school zone to the radar permit. Eliminating this school zone would preclude the use of all radar equipment in the enforcement of the reduced speed limit. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 12/26/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1. Ordinance 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND THE CITY OF MILTON RADAR PERMIT TO INCLUDE THE CAMBRIDGE HIGH SCHOOL ZONE BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a regular called Council meeting on the 3rd day of February, 2014 at 6:00 p.m. as follows: WHEREAS, pursuant to O.C.G.A. § 40-6-183, the City Charter of the City of Milton, and other powers vested in the City, the City is authorized to regulate speed zones and establish speeding regulations within the corporate limits of the City; and, WHEREAS, a traffic and engineering investigation, required by law, has been completed regarding maximum vehicle speeds on the roads, streets, highways and other public ways within the City described in this ordinance and attached hereto; and, WHEREAS, the City desires, pursuant to and in compliance with O.C.G.A. § 40-14-1 et seq., to permit the use of speed detection devices, including radar and laser detection devices , on the roads, streets, highways and other public ways within the City; and, WHEREAS, the City of Milton’s Law Enforcement Department is lawfully authorized to exercise the powers of arrest and to enforce the traffic laws of this State; and, WHEREAS, pursuant to State Law, it shall be unlawful to use speed detection devices on the roads, streets, highways and other public ways within the City of Milton, which are not specifically described within this ordinance; and, WHEREAS, the City desires for the Milton Police Department and any other sworn law enforcement officers acting within their scope of duty and within their jurisdiction to enforce the speed zone regulations established by state law and this ordinance; NOW THEREFORE, the Mayor and Council of the City of Milton hereby amends Chapter 56, Article III: Speed Limits of the City of Milton, Traffic and Vehicles Ordinance by deleting the schedules in Section 56-43 placed after the sentence “The maximum speed limit on the public streets are set forth in the schedules in this section” in their entirety and inserting in their place in Section 56-43 new schedules as attached hereto and incorporated herein by reference as Exhibit “A.” [SIGNATURES ON THE FOLLOWING PAGE] 2 ORDAINED this 3rd day of February, 2014. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ (SEAL) Sudie AM Gordon, City Clerk LIST NUMBER 10-2013-01 The City Council of the City of Milton is hereby requesting that the following roadways be approved for the use of speed detection devices: LIST OF ROADWAYS for CITY OF MILTON ON -SYSTEM *This segment is listed for clarification of actual posted speed limit. This segment is not approved for speed detection device usage for Local Governments. ****SCHOOL ZONES ARE EFFECTIVE**** A.M. from 45 minutes prior to the earliest commencement time to 15 minutes after the latest commencement time - SCHOOL DAYS ONLY. P.M. from 15 minutes prior to the earliest dismissal time to 45 minutes after the latest dismissal time - SCHOOL DAYS ONLY. Page 1 of 5 WITHIN THE CITY/ TOWN LENGTH STATE LIMITS OF andlor MILE MILE IN SPEED ROUTE School Name FROM POINT TO POINT MILES LIMIT 9 MILTON Windward Pkwy. 27.04 Forsyth County Line 30.10 3.06 45 (N. Alpharetta City Limits) 140 MILTON Cherokee County 0.00 0.15 mi. south of 3.01 3.01 45 Line Green Road 140 MILTON 0.15 mi. south of 3.01 0.22 mi. north of 4.06 1.05 35 Green Road Saddle Creek Drive (W. Roswell City Limits) 372 MILTON SR 140 0.00 0.03 mi. north of 0.57 0.57 35 Green Road 372 MILTON 0.03 mi. north of 0.57 0.11 mi. south of 2.08 1.51 35 * Green Road Spring Falls Road 372 MILTON 0.39 mi. south of 1.33 0.18 mi. north of 1.90 0.57 25 **** Crabapple Kensington Farms Kensington Farms SCHOOL Crossing Drive Drive ZONE Elementary School Northwestern Middle School 372 MILTON 0.11 mi. south of 2.08 0.47 mi. north of Nix 7.02 4.94 45 Spring Falls Road Road 372 MILTON 528 feet north of 5.26 0.30 mi. north of 5.46 0.20 35 **** Birmingham Falls Wood Road Wood Road SCHOOL Elementary School ZONE **** 372 MILTON 0.47 mi. north of 7.02 0.10 mi. north of New 7.49 0.47 35 * Nix Road Bullpen Road 372 MILTON 0.10 mi. north of 7.49 Cherokee County Line 8.89 1.40 45 New Bullpen Road *This segment is listed for clarification of actual posted speed limit. This segment is not approved for speed detection device usage for Local Governments. ****SCHOOL ZONES ARE EFFECTIVE**** A.M. from 45 minutes prior to the earliest commencement time to 15 minutes after the latest commencement time - SCHOOL DAYS ONLY. P.M. from 15 minutes prior to the earliest dismissal time to 45 minutes after the latest dismissal time - SCHOOL DAYS ONLY. Page 1 of 5 LIST NUMBER 10-2013-01 OFF -SYSTEM Page 2of5 WITHIN Tim Y1 T0NYN 1`SPE1�i3°;? Li�HTSfl.�aixi/or"" ,tip; ROi Sf SchuoiName., izI3M 3.: _ ;To Affirmend Ct. MILTON Triple Crown Drive Cul-de-sac 0.31 25 Alpha Woods MILTON Thompson Road Thomas Creek Court 0.28 25 Drive Arabian Avenue MILTON New Providence Road Dead end 0.66 25 Avensong MILTON Deerfield Parkway Dead end 0.29 25 Crossing Avensong Ives MILTON Serenade Court Avensong Village Circle 0.27 25 Way Avensong Village MILTON Avensong Ives Way Dead end 0.63 25 Circle Barberry Drive MILTON The Hermitage Drive Cul-de-sac 0.48 25 Batesville Road MILTON Birmingham Highway Cherokee County Line 1.30 45 Bay Colt Road MILTON Dead end Dead end 0.61 25 Belleterre Drive MILTON Bethany Bend Dead end 0.64 25 Bethany Bend MILTON Hopewell Road SR 9 2.94 45 Bethany Bend MILTON 0.11 mi. West of 0.26 mi. East of 0.37 35 *** Cambridge High Cogburn Road Cogburn Road SCHOOL School ZONE *** Bethany Bend MILTON SR 9 McGinnis Ferry/Morris Rd. 1.37 40 Bethany Church MILTON Bethany Bend Dead end 0.53 25 Road Bethany Road MILTON Mayfield Road Haygood Road / Bethany 2.00 40 Bend Bethany Way MILTON Haygood Road / Bethany Hopewell Road 0.70 45 Road Birmingham Road MILTON SR 372 Freemanville Road 0.75 40 Birmingham Road MILTON Freemanvile Road Hopewell Road 1.95 45 Broadwell Road MILTON Crabapple Road Rucker Road 0.70 35 Brookshade MILTON Hopewell Road Oakhurst Leaf Drive 0.42 25 Parkway Cogburn Road MILTON Webb Road Bethany Bend 1.41 40 Cogburn Road MILTON 343 feet south of 800 feet north of 0.40 25 *** Cogburn Woods Webb Road Glaston Way SCHOOL Elementary School ZONE Hopewell *** Middle Cogburn Road MILTON 0.34 mi. South of 0.09 mi. North of 0.43 35 *** Cambridge High Bethany Bend Bethany Bend SCHOOL School ZONE *** Cogburn Road MILTON Bethany Bend Francis Road 1.34 40 Copper Creek MILTON Creek Club Drive Cul-de-sac 0.25 25 Circle Cowart Road MILTON Summit Road Providence Road 0.45 25 Creek Club Drive MILTON SR 9 / Cumming Highway Francis Road 1.35 25 Deerfield Parkway MILTON Cumming Highway Windward Parkway 1.65 35 Dinsmore Road MILTON Freemanville Road Thompson Road 1.60 35 Dorris Road MILTON Providence Road Birmingham Highway 1.40 35 Page 2of5 LIST NUMBER 10-2013-01 Page 3 of 5 WunmT E CIY1t rower ,lvr -:LMffSIrl+'aurtTrr i. ItOA 3 NAME , a Tthol iVame QIYi To MILE LIMIT": Double Springs MILTON Thompson Springs Drive Dead end 0.34 25 Way Drummond Pond MILTON North Valleyfield Road Dead end 0.38 25 Road East Bluff Road MILTON Thompson Road Dead end 1.12 25 Francis Road MILTON Cogburn Road Forsyth County Line 1.54 40 Freemanville Rd. MILTON Mayfield Road Providence Road 1.74 40 Freemanville MILTON 105feet North of 1600 feet North of 0.28 25 Road Crabapple Crossing Mayfield Road Mayfield Road *** Elem. SCHOOL Northwestern Middle ZONE Milton High School Freemanville MILTON Providence Road Mountain Road 4.75 45 Road Freemanwood MILTON Freemanwood Road Dead end 0.40 25 Lane Glen Hampton MILTON White Columns Drive Dead end 0.36 25 Drive Green Road MILTON SR140/Arnold Mill Road SR372/Crabapple Road 0.50 40 Hagood Rd. MILTON Bethany Way Redd Road 0.49 40 Hamby Road MILTON Hopewell Road Forsyth County Line 1.30 45 Hampton Bluff MILTON White Columns Drive Dead end 0.39 25 Drive Henderson MILTON Henderson Road Dead end 0.36 25 Heights Drive Henderson Road MILTON Freemanville Road Birmingham Road 1.40 35 Hickory Flat Road MILTON Birmingham Highway Cherokee County Line 1.70 45 Holly Road MILTON SR 140 Dead end 0.30 25 (Arnold Mill Road) Hopewell MILTON Hopewell Road Cogburn Road 1.50 25 Plantation Drive Hopewell Road MILTON 353' North of Forsyth County Line 7.70 45 Vaughn Drive Kensington Farms MILTON SR 372 Cul-de-sac 0.86 25 Drive Laurel Grove MILTON Dinsmore Road Dead end 0.41 25 Drive Longstreet Road MILTON Hopewell Road Forsyth County Line 1.10 35 Mayfield Road MILTON Mid -Broadwell Road Freemanville Road 0.70 45 McGinnis Ferry MILTON Morris Road SR 400 0.60 45 Road Mid -Broadwell MILTON Crabapple Road Charlotte Drive 0.35 40 Road Morning MILTON Creek Club Drive Cul-de-sac 0.04 25 Mountain Way Morris Road MILTON Deerfield Parkway McGinnis Ferry Road / 1.38 35 Bethany Bend Mountain Road MILTON Hopewell Road Freemanville Road 1.64 40 New Bullpen MILTON Birmingham Highway Cherokee County Line 0.78 40 Road New Providence MILTON Birmingham Highway Arnold Mill Road 3.50 45 Road Page 3 of 5 LIST NUMBER 10-2013-01 Page 4of5 UVIT, x �.�sOF.an�ilc�r ` . .' , ROAD `' c a d Va e 7 tC Tt NIL s., UWT New Providence MILTON Providence Lake Point 1035 feet east of 0.20 25 Road Mill Springs Providence Lake Point *** Academy SCHOOL ZONE North Brookshade MILTON Brookshade Parkway Dead end 0.32 25 Parkway North Valleyfield MILTON Dinsmore Road East Bluff Road 0.30 25 Road Oakhurst Leaf MILTON Dead end Dead end 0.69 25 Drive Oakstone Glen MILTON Cogburn Road Dead end 0.31 25 Owens Farm Road MILTON Birmingham Highway Old Cedar Lane 0.41 25 Petersford Way MILTON Kensignton Way Cul-de-sac 0.28 25 Phillips Road MILTON Hopewell Road Mountain Road 0.60 35 Pony Tail Road MILTON Five Acre Road Dead end 0.30 25 Providence Lake MILTON New Providence Road Dead end 0.98 25 Drive Providence Oaks MILTON Providence Road Dead end 0.45 25 Street Providence Park MILTON Providence Road Dead end 0.41 25 Drive Providence MILTON New Providence Road Blackmaral Lane 0.05 25 Plantation Providence Road MILTON 1000 feet north of SR 372 2.80 45 Lantern Ridge Drive (Birmingham Road) Providence Road MILTON 2000 feet west of 175 feet east of 0.47 25 *** Summit Hill Cowart Road Cowart Road SCHOOL Elementary School ZONE Ranchette Road MILTON SR 140 / Arnold Mill Road New Providence Road 0.60 35 Redd Road MILTON Hopewell Road Freemanville Road 1.20 45 Sable Point Drive MILTON Henderson Road Dead end 0.26 25 Seabiscuit MILTON Affirmend Court Cul-de-sac 0.50 25 Serenade Court MILTON Bethany Bend Avensong Ives Way 0.54 25 Sonata lane MILTON Avensong Crossing Cul-de-sac 0.28 25 Stonebrook Farms MILTON Thompson Road Dead end 0.33 25 Drive Sweetbrier Drive MILTON Belleterre Drive Cul-de-sac 0.25 25 Taylor Road MILTON Batesville Road Birmingham Highway 1.40 45 The Hermitage MITLON Cogburn road Cul-de-sac 0.50 25 Drive Thompson Road MILTON Hopewell Road Redd Road 2.40 45 Thompson Road MILTON Hopewell Road Francis Road 1.70 45 Thompson MILTON Thompson Road Dead end 0.36 25 Springs Drive Thorntree Run MILTON Tullmore Way Cul-de-sac 0.31 25 Treyburn Manor MILTON White Columns Drive Cul-de-sac 0.58 25 View Treyburn Run MILTON Treyburn Manor View Treyburn Manor Drive 0.34 25 Page 4of5 LIST NUMBER 10-2013-01 ***SCHOOL ZONES ARE EFFECTIVE*** A.M. from 45 minutes prior to commencement time to 15 minutes after commencement time — SCHOOL DAYS ONLY. P.M. from 15 minutes prior to dismissal time to 45 minutes after dismissal time — SCHOOL DAYS ONLY. ALL LISTS AND PARTS OF LISTS IN CONFLICT WITH THIS LIST ARE HEREBY REPEALED. Signature of Governing Authority: Mayor Sworn and Subscribed before me This day of , Clerk to the Commission Page 5 of 5 rrx� E CITY t OWNENG1 RU.�"1wiAiYt=: ;=,eizt1Vart��'' .I+R4�"".;" �'d MiLI✓ ;1�I��"�; Treyburn Manor MILTON White Columns Drive Treyburn Run 0.21 25 Drive Triple Crown MILTON Triple Crown Drive Cul-de-sac 0.30 25 Court Triple Crown MILTON SR 372 Cul-de-sac 0.88 25 Drive Tullgean Drive MILTON Tullmore Way Cul-de-sac 0.59 25 Tullmore Way MILTON SR 372 Cul-de-sac 0.04 25 Webb Road MILTON Windward Parkway Dead end 1.32 35 White Columns MILTON Freemanville Road Cul-de-sac 1.34 25 Drive Wolf Willow MILTON Creek Club Drive Cul-de-sac 0.39 25 Close Wood Road MILTON Phillips Circle SR 372 1.42 25 Wyndham Farms MILTON Cogburn Road Dead end 0.47 25 Drive ***SCHOOL ZONES ARE EFFECTIVE*** A.M. from 45 minutes prior to commencement time to 15 minutes after commencement time — SCHOOL DAYS ONLY. P.M. from 15 minutes prior to dismissal time to 45 minutes after dismissal time — SCHOOL DAYS ONLY. ALL LISTS AND PARTS OF LISTS IN CONFLICT WITH THIS LIST ARE HEREBY REPEALED. Signature of Governing Authority: Mayor Sworn and Subscribed before me This day of , Clerk to the Commission Page 5 of 5 HOME OF ' 1VV I I I INJ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of U13-04NC13-04 — 13895 Hopewell Road by Jeff Runner for a Use Permit to Use the Existing House and Approximately Five Acres for a Special Event Facility (Sec. 64-1812). A Three -Part Concurrent Variance for the Following: 1) To Delete the 8 Foot High Opaque Fence Along the South Property Line [Sec. 64-1812 (b)(2)]. 2) To Delete the 75 Foot Undisturbed Buffer and 10 Foot Improvement Setback Along All Property Lines [Sec. 64-1141(3)(b)]. 3) To Delete the Three Year Period Requirement [Sec. 64-1812(b)(6)]. 4) To Allow Access from a Local Street [Sec. 64-1812(b)(1)]. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY ()APPROVED O NOT APPROVED PLACED ON AGENDA FOR: bj 221 4 'R�4 REMARKS In You Nitro PHONE: 678.242.25001 FAX: 678.242.2499 ►AcE w`n, 'Greed *Certified* WIAMEA City of info@cityofmiltonga.us I www.cityotmiltonga.us A Com pity 3��ECf1;C5L�f CERTIFIED BRONZE �_"U 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 1 of 25 PETITION NUMBERS U13-04/VC13-04 ADDRESS 13895 Hopewell Road DISTRICT, LAND LOT 2/2, 820, 837 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Festivals or events, outdoor/indoor (Sec 64-1812) ACRES 4.697 EXISTING USE Single Family Residence, barn, and accessory structures PROPOSED USE Event Facility OWNER/PETITIONER Jeff Runner ADDRESS 75 Swan Center Drive Dawsonville, GA 30534 REPRESENTATIVE Scott Reece, Brumbelow-Reese & Associates ADDRESS 13685 Highway 9 Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U13-04- APPROVAL CONDITIONAL VC13-04- PARTS 1 AND 3 – DENIAL VC13-04- PARTS 2 AND 4 APPROVAL CONDITIONAL A request for a Use Permit for a special event facility (Sec 64-1812) and a four part concurrent variance for the following: 1) To delete the 8 foot high opaque fence along the south property line. (Sec 64-1812(b)(2)) 2) To delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines (Sec 64-1141 (3)(b)). 3) To delete the three year period requirement (Sec 64-1812 (b) (6)). 4) To allow access from a local street (Sec 64-1812 (b)(1)). Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 2 of 25 PLANNING COMMISISON RECOMMENDATION – NOVEMBER 20, 2013 U13-04- APPROVAL CONDITIONAL – 6-0 VC13-04- PARTS 1, 2, AND 4 - APPROVAL CONDITIONAL 6-0 VC13-04- PART 3 – DENIAL 6-0 At the Planning Commission Meeting, there were four residents who spoke in opposition to the proposed Use Permit with the following issues: 1) The City needs to be very careful that if this event facility is approved, there would be others that will be requested in the area. 2) Oppose the use and the traffic it will produce. In addition would request that it be approved for only 100 people and that all activity cease at 10:00 pm. 3) The subject site is not a distinct tax parcel but part of another and there will be too much noise and light coming from the facility. 4) The facility would have a negative effect on the rural, low density development in the area. 5) Who would be enforcing the number of people permitted for each event? There were two residents who spoke in favor of the proposed Use Permit and stated the following: 1) They live behind the large equestrian barn. When they have had issues with the equestrian barn, the applicant has been cooperative in correcting their complaints. 2) They are in support of the request to help preserve the rural landscape in the area. 3) They are not concerned about noise or light as they can hear the Cambridge High School football games/band, and North Park games already from their backyard. After deliberations, the Planning Commission recommended the following to the Recommended Conditions and comments: 1) To approve VC13-04, Part 1, to delete the 8 foot high opaque fence with the following condition: “To delete the 8 foot high opaque fence along the south property line provided that Staff receives a letter stating support from the property owner affected.” (Staff notes that the neighbor’s support letter is attached at the end of the report.) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 3 of 25 2) To deny VC13-04, Part 3 with the understanding that after the three year period, if the applicant has been compliant with the regulations and no issues pending, they can ask for the deletion of the three year limit at the renewal time. 3) To delete Condition 3.b. requesting a five foot high, equestrian style fence along the east property line for a distance of 454.33 feet, as recommended by Staff. 4) To change the number from 100 guests to 150 guests in Condition 1.c. 5) To condition that artificial noise must come from the west side of the house. MAYOR AND CITY COUNCIL RECOMMENDATION – DECEMBER 16, 2013 U13-04- DEFER TO JANUARY 22, 2014 MEETING VC13-04- PARTS 1-4 – DEFER TO JANUARY 22, 2014 MEETING The Mayor and City Council asked that the City Staff to investigate a solution to monitor the special event facility without the three year sunset requirement. The City Staff, including the City Attorney, met with the applicant Mr. Runner to discuss solutions to monitor the use without the three year sunset requirement. One option was proposed to require Mr. Runner to obtain an alcohol license which would be renewed yearly as required by the City Code. During that renewal, if it was found that the operation of the business was not undertaken in a manner that served the best interest of the health, safety and welfare of the City, a public hearing before the Mayor and City Council would be held to decide if the alcohol license should be renewed. Staff also stated that a text amendment to the Zoning Ordinance can be initiated to create a Use Permit that is more consistent with the development of a special event facility than the current Use Permit that is being requested. This process would take approximately four to six months to complete. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 4 of 25 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 5 of 25 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 6 of 25 Existing Zoning Map Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 7 of 25 Future Land Use Map Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 8 of 25 SITE PLAN SUBMITTED – SEPTEMBER 11, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 9 of 25 REVISED SITE PLAN SUBMITTED– SEPTEMBER 26, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 10 of 25 Parking Layout “A” submitted November 20, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 11 of 25 Parking layout “B” submitted November 20, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 12 of 25 Front of house to be used as the event facility Parking adjacent to house (east side) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 13 of 25 Gravel drive looking south (house to the right) View from subject site to the east (requested concurrent variance for the deletion of the 75 foot buffer) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 14 of 25 View from the pasture on the west side of house looking north View from pasture on the west side of house looking south Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 15 of 25 View from back deck of house (west side) to the north View of driveway adjacent to south property line (request to delete fence along the left side of the driveway) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 16 of 25 View of out-building and enclosed barn looking north (proposed parking area) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 17 of 25 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a single family residence, barn, out building, garage, pool, and pool house on 4.687 acres. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on September 26, 2013, Staff offers the following considerations: In the applicant’s revised letter of intent received by the Community Development Department on October 11, 2013, it states that the applicant proposes to host events in the range of 100 people to 200 people at most. The applicant proposes that the events will cease artificial noise at 10:00 P.M. The intent is to provide a facility for these events and showcase what is uniquely the City of Milton, while preserving green-space and rural/agricultural areas. The existing house, outbuildings, patios, drives, etc. will provide for the proposed use. Parking including handicapped will be handled on existing pavement/grassed areas and will meet the ratios provided by ordinance. The applicant states that he may construct a pavilion in the future if the need should arise. The driveway at 13895 Hopewell Road will be utilized for entrance only and the exiting of vehicles will be at the applicant’s property located at 13835 Hopewell Road to the south. This is based on the small size of the entrance and lack of site distance at the subject site. Festival or Events, outdoor/indoor Standards for Use Permit (Section 64-1812) Required Standard Meets the Standard 1) Permitted curb cut access shall be from local streets. No, See Concurrent Variance Part 4 Below 2) Eight-foot high 100 percent opaque fencing shall be provided adjacent to residential districts or AG-1 districts used for single- family dwellings. No, See Concurrent Variance Part 1 Below 3) Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts or AG-1 districts used for single- family dwellings. Yes 4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG-1 districts used for single-family Yes Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 18 of 25 dwellings. 5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts or AG-1 districts used for single-family dwelling purposes. Yes 6) The festival or event shall be limited to a three-year period from the date of the city council's approval not to exceed a total of 180 consecutive days in a calendar year. No, See Concurrent Variance Part 3 Below VC13-04, Part 1 - To delete the 8 foot high opaque fence along the south property line. (Sec 64-1812(b)(2)). The subject site’s driveway abuts the single family residence to the south. This driveway will be utilized for the ingress for the subject site which will impact the adjacent property negatively. Therefore, Staff recommends DENIAL of VC13-04, Part 1. Staff notes that the Planning Commission recommended Approval of this request. VC13-04, Part 3 - To delete the three year period requirement (Sec 64-1812 (b) (6)). The applicant is requesting that the requirement limiting the use permit to a three-year period from the date of the City Council’s approval be deleted. It is Staff’s opinion that this time limitation is provided to allow each event or event facility to be evaluated by the Mayor and City Council on its impact on adjacent and nearby properties. The applicant may choose to reapply for the same use permit at the time the use permit expires. Therefore, Staff recommends DENIAL of VC13-04, Part 3. VC13-04, Part 4 - To allow access from a local street (Sec 64-1812 (b)(1)). The applicant is requesting not to comply with the standard that permitted curb cut access shall be from local streets. Hopewell Road is a minor arterial on the City of Milton Roadway Functional Classification Map and a collector on the GDOT Roadway Functional Classification and Traffic Control Map. It is Staff’s opinion that a proposed use such as an event facility should not be accessed from a local street. Based on these circumstances, it is Staff’s opinion that granting this variance would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied, would create an unnecessary hardship because of extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-04 – PART 4. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 19 of 25 Northwest Fulton Overlay District Although there are no new structures being proposed, based on the fact that the current use is a single family residence and the request is a non-residential use, the application comes under the purview of the Northwest Fulton Overlay District. The applicant is requesting the following concurrent variance. VC13-04, Part 2 - To delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines (Sec 64-1141 (3)(b)). The applicant states in the revised letter of intent that the configuration of the venue property will allow for at least a 100 foot buffer (setback) for surrounding properties, except for the access drive affecting the property located at 13855 Hopewell Road. In addition, the applicant states that the intent is to preserve green space and rural/agricultural areas. Except for the property at 13855 Hopewell Road, all the adjoining properties are owned by the applicant. In addition, the distance between the subject site and properties owned by others ranges from 230 feet to 330 feet. Staff recommends that an equestrian style fence, five feet in height, be constructed along the east property line (labeled with a distance of 454.33 feet) and landscaping not to exceed the height of the fence, interior to the fence be added to provide a visual screen to prevent vehicular lights being seen from the adjacent Bethany Oaks Subdivision. Approval of landscape materials and landscape plan shall be approved by the City Arborist. This condition will be included in the Recommended Conditions and will provide protection for nearby properties and define the area in which people can circulate on the site defined as the event facility. Based on these circumstances, it is Staff’s opinion that the granting of this variance would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied would create an unnecessary hardship because of an extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-04 – PART 2. City Arborist The proposed Use Permit will not impact any trees on the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 20 of 25 Fire Marshal The event facility will be required to be sprinkled and provide handicapped accessibility. The ingress and egress is sufficient for emergency vehicles to provide services to the site. 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. The proposed use permit and existing structures do not have any impact on the stream or wetlands within the stream buffer. Public Involvement Community Zoning Information Meeting On September 24, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. Sixteen people signed the sign in sheet. Attendees expressed concerns about the number of people attending events, the potential impact of noise and light, how many events will be scheduled, and the possibility of outside event structures. City of Milton Design Review Board Meeting Courtesy Review – October 1, 2013 The following comment was made at the meeting: Concerned that the approval of this use will open the door for other uses that may inconvenience the neighbors. Public Participation Plan and Report The applicant submitted the Public Participation Report on November 18, 2013. The public participation meeting was held on October 9, 2013 at the representative’s office on Hwy 9. There were four residents in attendance. Their issues included the number of attendees, the hours of operation, noise concerns, and types of events. The applicant responded that the events would be weddings, anniversary, and similar parties; noise would not exceed the allowed DBA; the number of attendees would be 200 and events would cease at 11:00 pm. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 21 of 25 USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in AG-1 (Agricultural) districts which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policy is consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is adjacent to a minor arterial to the west and agriculturally zoned property owned by the applicant to the north and east. If the required eight foot opaque fence is constructed ad jacent to the entrance driveway. The applicant has asked in the Letter of Intent to have a maximum of 200 guests but states that the typical event would have 100 guests. Staff will condition the maximum of 100 guests. I t is Staff’s opinion that event facility is compatible with adjacent and nearby properties if it is approved with the Recommended Conditions. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use is in violation of three of the Use Permit standards and one requirement of the Northwest Fulton Overlay District. The applicant is requesting a four part concurrent variance to come into compliance with these requirements. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 22 of 25 The type of proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the frequency and timing occurs during off peak times during the weekend hours and not during the week. 5. The location and number of off-street parking spaces; The following chart illustrates the parking required by Section 64-1410 of the City of Milton Zoning Ordinance for the proposed use: Assembly, places without fixed seating Ratio Number Spaces Required Number Spaces Provided 2,600 square feet in the structure 1 per 35 feet in the largest assembly room 74 88 or 106 indicated on site plan The applicant submitted two parking plan options on November 20, 2013. It appears that Plan A indicates a total of 88 parking spaces, including Handicapped. Plan B indicates a total of 106 parking spaces. 6. The amount and location of open space: The proposed site provides for a large area of open space which primarily surrounds house and accessory structures. 7. Protective screening: The applicant requested a concurrent variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback as discussed above. Staff is of the opinion that there is adequate protection in the distance from adjacent property owners with the exception to the residence directly to the south along the entrance driveway. In addition, Staff has included a condition to require a 5 foot equestrian style fence with landscaping not to exceed 5 feet interior to the fence to provide additional screening as approved by the City Arborist. Staff has recommended denial of the deletion of the 8 foot high opaque fence to provide the necessary screening for the property to the south. 8. Hours and manner of operation: The applicant has indicated that events will not produce artificial sound past 10 p.m. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 23 of 25 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 10. Ingress and egress to the property. The north driveway does not meet sight distance for full access; therefore Staff is requiring one way circulation. The north driveway does not meet design criteria for width and corner radii and must be improved within the right of way. CONCLUSION If approved with the Recommended Conditions, the proposed special event facility is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U13-02 be APPROVED CONDITIONAL. Regarding the Concurrent Variances, Staff recommends APPROVAL CONDITIONAL of VC13-04, Parts 2 and 4, and DENIAL OF VC13-04, PARTS 1 AND 3. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 24 of 25 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for Festivals or events, outdoor/indoor 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) The existing single family house and property within the 4.697 acre site utilized for events. b) The existing barn, out building, pool house, garage, shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on September 26, 2013. c) The number of guests shall not exceed 100 people for a single event. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on September 26, 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. 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 delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines. (VC13-04, Part 2) b) Provide a five foot high, equestrian style fence along the east property line labeled 454.33 feet and a planted screen not to exceed five feet in height interior to the fence. Plant material and planting plan shall be approved by the City Arborist. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 U13-04/VC13-04 Page 25 of 25 c) Permitted curb cut access shall not be from a local street. (VC13-04, Part 4) d) Artificial sound emitting from the facility shall cease at 10:00 p.m. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. North driveway shall be entrance only and south driveway shall be exit only. ii. North driveway shall be improved within the right of way. December 9, 2013 To Milton City Council Members_ My name is Connie Beckham and I own the property at 13855 Hopewell Rd. My property borders the proposed wedding facility on its southern border. I enjoy viewing the pastures and activities and do not want an opaque fence separating the properties. Therefore, I request that you support the variance to remove the requirement for an S" opaque fence between the properties. Thank you Connie Beckham Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. ORDINANCE NO._______ PETITION NO. U13-04/VC13-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1812) FOR AN EVENT FACILITY ON 4.697 ACRES LOCATED AT 13895 HOPEWELL ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 22, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 13895 Hopewell Road, consisting of a total of approximately 4.697 acres as described in the attached legal description, a Use Permit for an event facility with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 820 and 837 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for an event facility listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1812 of the Zoning Ordinance of the City of Milton with the approved concurrent variances; 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 all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 22nd day of January, 2014. _________________________________ 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 for a Use Permit for Festivals or events, outdoor/indoor 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) The existing single family house and property within the 4.697 acre site utilized for events. b) The existing barn, out building, pool house, garage, shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on September 26, 2013. c) The number of guests shall not exceed 100 people for a single event. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on September 26, 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. 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 delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines. (VC13-04, Part 2) b) Provide a five foot high, equestrian style fence along the east property line labeled 454.33 feet and a planted screen not to exceed five feet in height interior to the fence. Plant material and planting plan shall be approved by the City Arborist. c) Permitted curb cut access shall not be from a local street. (VC13-04, Part 4) d) Artificial sound emitting from the facility shall cease at 10:00 p.m. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. North driveway shall be entrance only and south driveway shall be exit only. ii. North driveway shall be improved within the right of way. REVISED SITE PLAN SUBMITTED– SEPTEMBER 26, 2013 Richard W. Ca€t-tin R..a1l�aun�y�egorydoy€eEirn�.... December 1 b, 2013 Mayor Joe Lockwood Council Members Karen Thurman Matt Kunz William C. Lusk Burt Hewitt Joe Longoria Rick Mohrig City of Milton 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 Re: Case #U13-04NC13-04 13895 Hopewell Road Jeff Runner Dear Mayor Lockwood & Council Members: JAV613 -41)42 1776 rHaNE 770.426.6I55 FAX Ia(lb 1 l3 49 ATLANTA STREET MARIETTA. GEOKCIA 30060 W W W.G REG o RY DOYLE F € P -M.0 QM Our firm represents Ted and Janice Cox who are property owners in the immediate vicinity of the property which is the subject of the above application. For the reasons outlined below, our clients respectfully request that, as required by City ordinance, the Mayor and Council exercise a limited discretion in this matter and deny the requested use permit and variances. In describing the plans for his property in 2006, Mr. Runner wrote to his neighbors that the use permit and variances he requested at that time "do not allow us (at our request) to conduct commercial activities, have shows, or become a big parry place. " (see attached August 13, 2006 email) Mr. Runner has recently moved from Milton to the Dawsonville area, and now he seeks to turn his former residence into the "big party place" he assured his neighbors he had no intention of creating. A use permit should be the exception rather than the rule, and as outlined below, the applicant has presented no evidence that the proposed "Festival and Event" use that he seeks satisfies the ten specific criteria set out in the City's use permit ordinance. 1. Consistency of City Land Use or Economic Development Plans: GREGORY, DOYLE, CALHOUN ROGERS, LLC Page 2 Mayor Lockwood & Council Members December 16, 2013 No evidence of economic benefit is included in Mr. Runner's application. Significantly, the increase in City services which would result from this proposed use is also not mentioned. The City's comprehensive plan cautions that impacts to housing and transportation should be considered and that the expansion of business and/or commercial uses into established stable residential areas should be limited. 2. Compatibility with Land Uses and Zoning Districts in the Vicinity: Our clients respectfully disagree that 100 ``guests" potentially utilizing this property on a monthly, weekly, or daily basis, is compatible with the single family residential lifestyle in the Bethany Oaks subdivision or surrounding areas. 3. Violation of Land Use Laws: In addition to the three use permit standards identified in the staff s report, it appears that the proposed conversion of the subject property from a single family residence to a commercial "festival or event venue" renders the adjoining equestrian structure arena a non- conforming use. (It is now no longer an accessory use to the former residential use). 4. Effect on Traffic Flow: The effect of traffic flow during "off peak" hours during the weekend hours may be relevant to a clinical traffic engineering analysis, however such concentrations in traffic during weekends and other "off peak" times are the very times in which surrounding residents legitimately expect to be free from the noise and disturbance of unwanted traffic. 5. Off Street Parking: The applicant evidently has adequate provisions for parking, however no mention is made of provisions to attenuate the noise and disturbance from the arrival and departure of a hundred vehicles opening and closing car doors over and over again in close proximity to a single family subdivision. If the pending permit and variances are granted, the residents of Bethany Oaks subdivision would have a large parking lot virtually in their back yards. G. Open Space: The open space presumably includes "accessory structures" which, though billed as personal in nature, have a history of being used for commercial purposes. 7. Protective Screening: The applicant has requested deletion of the 75' undisturbed buffer requirement, and the staff has concurred. citing the distance between the subject property and nearby residences. Page 3 Mayor Lockwood & Council Membet-s December 16, 2013 The City's ordinance defines a zoning buffer as "a natural undisturbed portion of a lot... set aside to achieve a visual barrier... [which] is achieved with natural vegetation and must be replanted..." Mr. Runner's 47,000 square foot riding arena, complete with loudspeakers, is neither a buffer nor undisturbed, and eliminating this requirement would only compound Mr. Runner's intrusions into the Bethany Oaks subdivision. Because such a buffer cannot be provided, the use permit should be denied. 8. Hours and manner of operation: While the applicant has "indicated that events will not produce artificial sound past 10 p.m." no assurances have been given as to the amount, type, duration or nature of noises which will emanate from the proposed use at other times. 9. Outdoor lighting: No comment, as no additional lighting is proposed. 10. Ingress and Egress to the Property: The staff has reported that the applicant has not provided sufficient information to evaluate the level of improvements required by conditions related to access. Two additional issues relating to access also bear scrutiny: The first is that the access proposed for the subject property also requires the use of a portion of the applicant's equestrian facility, thereby routing an additional commercial use through the existing commercial use adjacent to the Bethany Oaks subdivision. Secondly, the under the City's zoning ordinance (§64-1812 "Festivals or events") access to and from such events is limited to local streets. Hopewell Road is a minor arterial. The code's requirement that access be from local streets strongly suggests that such uses are intended to be of limited scope. duration and frequency, not wide open to expansive and unlimited events. CONCLUSION In conclusion, while our clients recognize Mr. Runner's right to use his property as permitted under the City's ordinances, his previous activities have stretched County and City ordinances beyond their limits, resulting in an intrusion into the lives of adjoining owners beyond the intent of these ordinances. Our clients therefore respectfully request that the present application and variances be denied. ! ' Please see attached constitutional challenge filed on our clients' behalf. Page 4 Mayor Lockwood & Council Members December 15, 2013 Thank you for your consideration of our clients' position in this matter. Sincerely, GREGO Y, DO ALHOUN & ROGERS, LLC K 'I& 414 Richard W. Calhoun For the Firm RWCljsk Enclosure cc: Janice & Ted Cox CONSTITUTIONAL CHALLENGE Re: Case #U13-04/VC 13-04 13895 Hopewell Road Jeff Runner Come now Janice and Ted Cox, property owners, citizens and tax payers of the City of Milton, Georgia, and hereby place the governing authority of the City of Milton on notice that the grant of the requested use permit and variances in the above matter (in whole or in part, with or without conditions) would constitute an uncompensated taking and damaging of their property without due process of law, and a denial of equal protection of the law as guaranteed by Article 1, § 1, Paragraphs 1 & 2, and Article 1, §3, Paragraph 1 of the Georgia Constitution, and corresponding provisions of the United State Constitution. Mr. & Mrs. Cox also believe that the City's zoning ordinances in this matter do not provide sufficient objectively ascertainable criteria to guide the limited discretion granted to the Mayor and Council in matters involving use permits, and that a permit granted under such circumstances would be unlawful and void. Respectfully submitted, this day of December, 2013. GREGORY, DOYLE, CALHOUN & ROGERS, LLC f�� Richard W. Calhoun Attorneys for Ted & Janice Cox 16445341 Cox, TW Theodore From: alpha30004@belIsouth.net Sent: Monday, August 14, 2G06 8:57 AM To: Cox, TW [Theodore] Subject: [Fwd: Yellow House Farm, LLC] From: <jeffrunnerQbellsouth.neta Date: 2006/08/13 Sun PM 12:01:15 EDT To: "Jeff Wright" <pclycon@beIIsouth. net::., awstampgus.ibm.comn, <AB1iio@aol.com>, ccarnott@1oho.com>, cDJA90CDAQh.otmail.com>, <alpha30004Qbellsouth.netn, <coxtwOyahoo.com>, <gkbarber@bellsouth.net7, et1s3548@aol.coma, <myramcelhaney@mindspring.comy, <J.'T'homas.Chapin@US.UL.coma, <catamick@hellsouth.net>, <rcn@cinefilmlab.ccm�, <bhmeagbellsouth.net a, tmrsjeffab@aol.com7, <paralink[gbellsouth. net}, <cclub40att.net>, crobe rtcowart@mindspring, coma, aalyson@starband.net>, <davegormanocomcast.net>, <h.asslinger@guidant.coma, tkhiller@mindspring.coma, tpamhitch@bellsouth.neta, <michelle9fitt2u.coma, <mbva@attbi.com>, <jord95000hellsouth.net>, <philkopsky-Gaol.ccma, <luettgenfam@aol.cema, <abi1.10@aol.coma, <sidmargrey@cs.ccma, <herffohellsouth. net>, rjohn.nussbaumer@mercer.comn, <maocp9@mindspring.coma, <art.pashayauQverizon.net>, tdavid@pak-lite.comn, <reneerunner@bellsouth.net7, <lisasan@juno.comn, <chris@seale.coma, <susan.steele@bellsouth.com>, <leighswanscn@yahoo.coma, <lsykora@aol.com5 cc: <dtallmex@msn_coma, <watts9575@hotmail.com>, <ewmidcoast@aol.com7, "Billie Ranges" <billie robel.lsouth.net> Subject: Yellow House Farm, ILC To the residents of Bethany Oaks; Foremost I want to apologize to everyone. We did not buy out Fran Peters, clean up the dog tress from the property and build a state of the art horse barn and arena to be an inconvenience, nuisance, or eyesore to anyone. Since apparently we have, T sincerely apologize. However, there has been a grave misunderstanding as to what we are doing at Yellow House Farm, LLC. and why we have requested the use permits and variances we have. Although none of the emails flying across the Bethany Oaks have been sent to us directly (which I find intriguing), the few that have been forwarded to me show that there is a lot of confusion, as to what is being requested and what, if granted, we will be allowed to do. I would like to take a few minutes of your time to try to clear the confusion. Yellow House Farm LLC. is a horse boarding/training facility. This is a ermitteduse in an AG -1 zoning district without the need for any special permission or licenses. We set up not to commercialize, but to protect ourselves agains awsui s, e c. In today's environment who wouldn't. In addition to our own horses, we board horses for other people. We have high level horse trainers that work out o our am training a arses an their 'S/riders. orses oar e e mus e in u trn wa us. The rat ie are more t an ere. ere are two of er types o ac 1v ties that we con uct t1lat make up the remaining ess than 'toy of our activities: Clinics-- educational events conducted for the benefit of the rider. There is no audience interaction. These are simply a training session between an instructor and the horse and rider, spectators are allowed to observe. These can be taught by either are trainer or by a "guest' trainer that we invite, They usually involve, at any given time, the trainer, a rider and horse, another rider and horse on deck (so to speak), and 10 to 15 auditors (spectators). Attendees are mostly our boarders, but can also involve other horses and riders in the region. Other than the board we collect for the visitors, we do not receive any compensation for clinics. we estimate we will have maybe 8 clinics a year. Tums - educational events that are conducted for the benefit of the audience. This is an interactive environment where one or two horses are used for demonstration purposes and the instructor teaches the audience. These are open to attendance by anyone who wants to come. We charge the instructors a facility usage fee to cover most of our costs related to the symposium. We will limit ourselves to 2 symposiums a year. We offer the clinics and symposiums to provide unique and inspirational educational opportunities to ourselves, our boarders and at times the local horse community. Because 1 lVt,l- y4- vc of our facility we are able to attract the top trainers from around the country. we do not do anything more than what almost every other barn in the area does. In fact we do less than many. We--do-not e lessons, rent horses, or put on shows. Although lessons and horse rentals are permitted wi GVLlillg, we don't do them because of the high impact they have on both the facility and the community. We would have to get a special permit to have a show and again have no desire to that because of the extremely high impact on the facility and community. We have no desire to be Wills Park North. Nor do we desire to have 50 or more cars in and out of here everyday. Now as for what's going on. One of our trainers has a website - dressageconnections.net - where she (for lack of a better word) markets herself and her business. She lists her upcoming events and has a nice little write up about the facility she trains at - Yellow House Farm, LLC_ As a caption to one of the photographs she has "lounge and future tack store." These were an unfortunate choice of words. The room shown is a meeting room. There is a storage room off to the side that is not shown that at one time we discussed using to store old tack that our clients no longer needed. An individual (we'll keep names out of it for the time being) discovered the website and sent an email to Fulton County contending that the website proved we were operating a commercial business illegally. This complaint generated a request to us from the County for an explanation of what we were doing at Yellow House Farm, LLC. A review of our operations has left some question as to whether the clinics and symposiums are perma an t e AG -1 distr' matter we have s mi a p ace eon for an a ricu ral activities u�cat mit the allows uto con u3 cicsThe useprmitappin triggered anot er question. When we app led or tb.e barn's building permit, the County decided Ghat it fell outside of the North Fulton Overlay because it was for agricultural use. The use permit could possibly make it fall inside the Overlay. In order to make sure that there are no issues left unanswered, we applied for the necessary variances to the Overlay. Everything that we are doing is to allow us to continue doing exactly what we have been doing for the past year and a half - nothing more, nothing less. Let's get specific.a are not tr in to build close to the property line, remove any of the existing buffers, or in any way intrude or encroach upon your property. The use permit is exactly what it is - a permit to allow agricultural related instructional. events. This does not allow us (at our request) to conduct commercial activities, have shows or becvre a big party_place. It only allows the additional use for the agricultural instrucCi al events we Yl Lv d for - the clinics and symposiums. There are only three things on the site plan that we want to add to the property and none of the variances apply to them - 1) we want to put run-in sheds in some of the pastures. These small 3sided roofed structures provide shelter for the horses from the sun and rain. The locations shown for these on the site plan are conceptual and not the exact locations. We show one run-in shed in each pasture. The only ones that are absolutely necessary are the ones in the pastures in the northeast corner. We plan to get with the 3 or 4 home owners that will be able to see them to help locate them for minimal impact. They will all be well beyond the set backs and built to match our other structures. They are quite small 12' X 12' or 10' X 14'.. 2] covered drying racks at the rear of the barn. These 2 structures will be located one on each side of the rear center door. They will be 10' X 24' opened sided roofed structures where horses are "parked" to dry after bathing. They also will be well beyond the set back requirements. 3) a covered sitting area between our house and the lower arena. The bathroom is not needed from our perspective. However, the County isn't sure if we are required to have one or not, so it is shown with one to be safe. It is well beyond the required set backs. Let's discuss the variances. The first and 13th variances are because of the proposed enclosed riding arena. This arena is not something we want to build. It is included as an option to address some of the noise complaints. This building is only conceptual at this time. The size shown is the worse possible case. This 1st variance is to reduce the set back from the road so that a gravel driveway can be put in to access the hack of the barn. The 13th variance is to build the building further from the road than the overlay allows. The 2nd variance is to allow the existing structures that have been along the back property line since before any of us came here to remain. Although we rarely use them, we would like to keep them to help buffer the back of the barn and arena. The 3rd variance is to allow the existing dumpster location to remain. we have a problem 2 r� with the dum st s. Per the erla the have to be behind the barn. They are used for e horse manure. if we put t em anywhere else i ell have to be above ground which makes it difficult to dump the manure into them. We can do it with the uniloader but that is noisy and messy. The current location is the best place given the rules. secondly, I know we have a problem with the noise from the trucks that come to dump the dumpsters. s noise me no matter wliere zn 1 a ack we put t em. We could go to roll offs but they wou umpe once ❑r twice a wee ra er an daily, I am afraid the smell would get worse. I think the solution is to work with the du¢npster people. They have a new manager and we are trying to get him to make his drivers not come before 10c00AM, especially on Saturdays. The 4th variance is to allow our parking lots to remain as they are - gravel and no curbs and islands. Th th variance w our Iandscapin elan o remain as it is and to delete the 75 foot buffer around t e sa es and back. This basically to keep eve thin as it is except we have agree to plant a row of Leland Cypxeeses a ❑ng a Swansan's property to shield them'r.Qm`trFie��ac of the barn and to do someinc�"aTaizg`tx�e Cox's line t❑ s xe d t em ram e cart ever figure ou w a o n. a are o o g a uge u e un w ere the pastures are, The 6th variance is to allow us to not have to screen the parking from the street. We feel that the fences screen it fairly well, anything else we add will detract from the look, and because it will have to be planted out of reach of the horses, it will take up too much space in the parking lot. The 7th variance is to allow our fences to remain the height they are. Any lower will make it easier for the horses to get out. to 12 are a result of the Overlay and are to allow us to build any of the proposed structures s own on e s p atch the existing structures. During the process of preparing for this use permit application we uncovered that there have been numerous complaints and concerns filed with the County about us and what we are doing. ome of the com laints are legitimate and we have corrected or are working to correct the omm-- a can.Y tad we n vu so e ❑ e of er concerns be ore construction was completed we could have worked to alleviate them. Concerns were voiced very early in the process, but they were voiced to the County not us and we knew nothing about them until recently. our arena is large and consequently the roof is large, That is why the County shade us go before the North Fu ❑ e ❑ oug e roof oaks si ver, i is a me x m gray color that is suppose to reduce reflections. Our building supplier tells us the reflections will reduce substantially as the roof ages. Not much help for now. The point of all this is that we are not 4unreasonab e peop e a d we are not trying to do anything to negatively impact your properties. However, we still have a right to use our land_ what we have and are doing right now, and have been doing for the last year and a half, are what we want to do. We are not commercial, We are a horse facility that only wants to continue to be a horse facility. I would like to suggest that maybe we have another meeting to review what is going on. Now that I know where you are coming from, the meeting won't seem so adversarial. if you are interested, I can be available most any evening. Also, feel free to email me with any complaints, comments, suggestions, etc. I can. get to work on them much quicker if r know about them. Sincerely, Jeff Runner 3 BROOK CIAY Attoruegs e1 taw March .30, 2407 Via U.S. Re alar Mail and E -Mail Mayor .Joe Lockwood 0oe.lockwood@cityofmiltonga.us) "'Karen Thurman (karen thurman@cityofmittonga..us) Julie 7ahner Bailey (Julie..zahnerbailey@cityofmiltonga us) William C Lutz (bill iutz@cityof niltonga us) Neal J.. O'Brien (neal.obrien@cityofmilton ga.us) Tina D'Aversa-Williams (tina daversa@cityofmiltonga.us) Rick Mohrig (tick .moluig@cityofrniltonga us) Tom Wilson (torn..wil.son[,7a cityofmilton..ga us) 13000 Deerfield Pkwy.. Suite 107 Milton, GA .30044 BROCK, CLAY, CALHOUN & ROGERS, P C. 49 Atlama Street Marietta Georgia 30060 Tc le phone: 770.422 1776 Facsimile: 770426.6155 www hrockclay com Richard W Calhoun E-mail: rcaihoun®hrockclay com Direst Dial: 478.784 3542 Re: Nonconforming structures and uses located at 13835 Hopewell Road, Milton, Georgia Dear Mayor and Council Members: Our firm represents Ted Cox, Chris Swanson and Ebrahim Mandavi, whose homes in the Bethany Oaks subdivision adjoin the above property.. For the reasons set forth below, our clients request that the City of Milton take action to require that the above property and structures be brought into compliance with the City's zoning ordinances or that the owner of this property be compelled to take measures to ameliorate the effects of'these violations on our clients' properties.. Executive summary During the summer of'2004, a 48,000 square foot covered riding arena, a 38 -stall horse bwn, a horse manure dumpster, and various animal enclosures were all constructed on the above referenced property by its owner, Mr Runner, This construction was in direct conflict with the provisions of the Fulton County zoning ordinance, specifically the northwest Fulton overlay ordinance, both of'which we understand to have been adopted in all material respects by the City of'Milton. The northwest Fulton overlay prohibits buildings larger than 24,040 square feet and Mr. Runner's arena building is twice this Page 2 Manch 30, 200-7 size.. The northwest Fulton overlay permits one horse per acre., Mr.. Runner has a total of 19 acres, but has built a barn that houses 38 horses at a time. This barn, instead of being located no more than 20 feet from Hopewell Road, is located over 60 feet from Hopewell Road, and therefore barely 100 feet from our- clients' properties.. The northwest Fulton overlay also requires a'75 foot buffer adjacent to residentially zoned property.. Instead of installing the requiied buffer, Mr Runner has installed a horse manure dumpster- 25 feet from our clients' properties, and has proposed the construction of several horse enclosures and animal pens directly affixed to out clients' property lines the referenced structures were erroneously permitted by Fulton County staff as "accessory structures" to Mr. Runner's personal home, when in fact they were not accessory to his home because of their commercial natw-e, and because they were not then, and are riot now, located upon the same Iot as Mr.- Runner's home, as is required of all accessory stru.ctures. We are satisfied that these structures were presented to Fulton County building and inspection staff as "accessory uses" to Mr. Runner's personal home in order to circumvent the northwest Fulton overlay ordinance, because as stand alone principal uses, their construction would have clearly violated the limitations set out in the overlay ordinance.. As further evidence of Mi.. Runner's commercial intentions, once the structures were built, he applied fora total of 1.3 variances fronr the northwest Fulton overlay ordinance in order to conduct riding clinics, symposiums, and other- activities. Such activities, while permitted for commercial riding stables as a stand alone use in an AG district, are clearly not permitted in connection with the use of a stable as a personal accessory use to a single family home. During this work permitted by Fulton county a tragic accident occurred, and a construction worker- was killed. Since completion of the arena and related structures, my clients have had to endure what amounts to a commercial horse operation within a few feet of their back yards, with attendant loudspeakers, lights, a blinding reflective glate from the roof'of the arena, and most recently, the parking of'up to nine horse trailers new where a proposed parking lot would have existed (but without any buffers) Why Fulton Coun , 's neimits are meamless. No public official has the authority to issue a permit of any kind which is in conflict with a local ordinance.. "A permit issued for- a use or structure: which is forbidden by the ordinance is beyond the power of the officer to issue.. A permit issued for a use prohibited by a valid zoning ordinance is void, of no effect, and subject to revocation.." Corey Outdoor Advertising v. CitZofAtIanta, 254 Ga_ 221 (1985).. Only legal nonconforming uses or buildings are grandfathered.. Ari illegal nonconforming use or building is never grandfathered.. Page .3 March 30, 2007 MY the arena building, barn acrd dumpster violate he ordinances undez which ftey were built; The attached tax map shows the two Runner parcels in issue. 13895 Hopewell Road is the parcel on which the Runner home is located. 13835 Hopewell Road is a separate parcel with a separate address, and is the "horse farrrr" parcel upon which the illegal structures axe built.. Though these parcels adjoin each other physically, the zoning ordinance, as do most zoning ordinances, considers them to be entirely separate, as if they were in fact miles apart. If this were not the case, there are any number of'noxious uses landowners could construct on "separate" parcels, and then claim that they were "personal and accessory" to their residences. The zoning ordinance in this regard defines an Accessory Structure as one which is: "A subordinate structure, customarily incidental to a principal sauctaic or use, and is located on the same lot., Examples of accessory structures in single family dwelling districts include a well house, fence, tool shed, guest house, and detached garage" Please take note that the enclosed building permit application for the arena building lists the site address as 13835 Hopewell Road, and the owner's address as 13895 Hopewell Road, proving beyond any doubt that the owner (via his conttactor) was aware that the construction was in fact proposed to occur on a different parcel (# 1.38.35) from the parcel it should have occurred on (# 13$95) Ftutherrnore, and perhaps most revealingly, the separate nature of the Runner horse farm at 1.3835 Hopewell Road, and the Runner's personal residence at 13895 Hopewell Road is underscored by the additional facts that (a) the runner residence enjoys a homestead exemption, whereas the horse farm parcel, appropriately does not, and (b) the Runner residence is titled in the name of Mi., and Mrs Runner, whereas the horse farm property is titled in the name of Yellow House Farm, LLC. r Mr. Runner's one -acre arena building, 38 -stall barn, horse manure dumpster and other buildings are in no sense accessory to anything else. Rather, they are unquestionably "principal structures" under the zoning ordinance because they are "structures in which the principal use or purpose on a property occurs, and to which all other structures on the property are subordinate.. Principal shall be synonymous with main and primary.." (Zoning ordinance definition of "principal structure..") 'In Mz. Runner's own correspondence (see attached e-mail dated August 1.3, 2006), he acknowledges that the horse farm property is titled in a separate entity for• liability purposes (so that if he were to be sued he would not lose his house as a result)_ Page 4 March 30, 2007 Finally, a forty-eight thousand square foot covered riding arena building equipped with a sound system, lights, and seating for 160 spectators is no more customarily incidental to a single family residence than a football stadium would be.2 Additional reasons why the horse faun buildings do not coMply with the overlay: Under the Fulton County (now Milton) zoning ordinance, as with most zoning ordinances, a structure or- use is either a principal use, or an accessory use_ It cannot be both.. It has to be one or the other.. Mr.. Runner's stiuchues and uses though, are chameleonic in nature, changing fi om principal to accessory as the need at ises . Here is an example: In the attached correspondence from Mr.. Runner, he states that "Yellow House Farm is a horse boarding/training facility This is a permitted principal] use in an AG -1 district, without the need for any special permission or licenses.." By this admission alone, lVfx. Runner- concedes that the farm and its structures cannot legally be accessory structures or accessory uses to any other principal structure or use ( i e., the Runners' personal residence) Mr Runner's e-mail goes on to describe the clinics, symposiums, and other activities which are clearly commercial in nature and obviously not ones which are personal and accessory to a single family home. Latex on in his e-mail, Mr.. Runner then states that some of these commercial uses he planned to conduct on the horse farm property "could possibly make it [the horse farm] fall within the overlay.." The fallacy in this statement is that Mr.. Runner's focus is upon the uses, rather than upon the buildings, which are the real issue. the fact is that these buildings have always been subject to the overlay because they were constructed as principal structures for a principal use (a horse bomdingltxaining facility), and never at any point in time qualified as accessory structures or uses to the Runners' personal residence, 3 2Such a structure is by anyone's definition a "btulding", it is also a "building" under the zoning ordinance, which defines building as "any structwc with a roof, designed or- built for the support, enclosure, shelter, or protection of persons; animals, chattels, or property of any kind " The covered riding arena was obviously built to shelter, both horses and people fon the direct and glaring sunlight that it now reflects with magnified intensity into the homes and yards of the Coxes, Swansons and Madhavis.. 3 The enclosed "letter of intent" signed by Mr.. and Mrs. Runner and their attorney, and submitted to Fulton County in connection with Mr. Runner's application for 13 variances from the northwest Fulton over contains the unqualified admission that "the hardship burdening the property which is unique to the property [is] the property falling ander- the northwest overlay, which is not really intended to be applicable to the type of facility and use which exists on the property " Page S Manch 30, 2007 Why the Octobei 10, 2006 letter from Fulton County is not accurate: The answers contained in the attached October 10, 2006 letter obtained by Mr. Runner's attorney (after Mr.. Runner withdrew his application to Fulton County for 13 variances) were in response to factually inaccurate statements posed by Mr Runner's attorney. Here is why: Item 1. The property being operated as an existing horse training and boarding facility is a permitted accessory use to a residential use within the AG -1 (Agricultural) District provided certain standards for, an accessory use are met and therefore, the Property does not fall under the Northwest Fulton Overlay District. Our Analysis and Res nse: The question misstates the facts by vaguely describing "the property" as both the residence parcel and the horse farm parcel.. Ihere is no question that the two parcels are in every way, and for good reasons, legally separate properties No, a horse training /boar -ding facility is not an accessory use, it is a principal use. One ofthe "certain standards" of an accessory use is that it be customarily incidental to a single family residential use. A sports arena over an acre in size and which accommodates symposiums, clinics, and 160 spectators, is not customarily incidental to a single family residence. In his response, Mr. Todd failed or refused to distinguish between the horse farm parcel and the residence parcel.. the property is in fact "two properties," and therefore his entire response is wrong for this reason alone. In addition, "the property" is not being used f6r- single family use A single family does not use 38 horses, 9 horse trailers, a one -acre arena building, and a dumpster full of -manure. A commercial horse operation does, but a single family does not.. Item 2 The boarding of -horses and giving lessons is permitted_ Our, AnalysisResponse: A riding stable may indeed be an accessory use to a single family residence in an AG -1 district, however, it must also be customarily incidental to the Single Family use, and once again, it must be located on the same lot as the single family use. Mi, Runner's riding stable is neither.. Its size and scope overwhelm his house to such an extent that even if his house were located on the same lot, the house would be more of an accessory to the stable than vice versa How many single family residences customarily have a one -acre covered riding arena and a 38 -stall horse barn? How many single families conduct eight clinics and two supposiums per year for the benefit of boarders, other horses and riders in the region and at times the local horse community? (August 13, 2006 Runner, e-mail,) If the `hiding stable" (Le, the 38 -stall barn, one -acre covered arena building, horse manure dumpster and horse pens) Mr. Runner has constructed were built as a principal Page 6 March 30, 2007 use,1 e.., one which is "other than accessory", then by definition it cannot be accessory to Mr_ Runner's house and therefore must comply with the oveiylay.. Complying with the overlay is one of the specific standards that must be met, however, in this case it was ignored_ Item 3. The ttaining of'hotses for a fee is permitted.. Out Analysis and Response: Nobody disputes that boarding and training horses for a fee is a permitted use in an AG -1 District.. However, the structures built and used far these purposes must comply with the size, setback, buffering and other requirements of the overlay and Mr Runner's do not. Mr. Runner must land somewhere- Either his barns and structures must truly be customarily incidental to his personal family's use (and therefore appropriately limited in size and scope as an accessory use), or they must be treated as a principal commercial agricultural use of'his property, in which case their size, setback and buffeting is governed by the overlay. He cannot have it both ways.. If'the size, setback and buffering restrictions contained in the overlay were intended (as they are) to restrict the size, setback, and proximity for commercial type agricultural operations, then to allow these restrictions to be evaded by calling the structures in question "accessory to a single family use" is an exponential evasion of the intent and language of'the zoning ordinance. Item 4. The training of horses and giving of lessons is permitted under the covered arena and then c are no restrictions on how many rider slhor ses may be in the arena at the same time. Our Analysis and Renons Structures which are the subject of'specific size, area and setback restrictions in a zoning ordinance cannot be subjectively "viewed" as one thing or another-. Ihey either comply with the objective criteria of'the ordinance, or they do not.. Mr„ Runner's do not.. Once again, they are not, and never have been, located on the same lot. Fulton County's ordinance may not regulate the number of'hoises or participants that may utilize a struettue, but it does indeed regulate the size of the structure which houses them. The stiuchu•e is subject to the overlay.. If Mr, Runner's structures were not subject to the overlay, then why did he apply for thirteen variances from the overlay once the buildings were built, five of"which variances (Numbers 2, 3, 5, 8 and 13) relate solely to the buildings themselves and not at all to any activities upon the propetty.. (See enclosed listing of variances.)¢ Under Mr.. Iodd's theories, Mi.. and Mrs. Runner could build a ten -acre covered arena within a few feet of their residence and conduct shows and training 24 hours a day 365 days a year so long as they were able to convince someone that such use was customarily incidental to the personal use of their home.. Page 7 March .30, 2007 Item S. Please confirm any resttictions as to hours of operation and noise levels, if any. Our Analysis and Response: We have no disagreement with Fulton's response. The specific criteria in the Fulton County zoning ordinance regarding loudspeakers and noises which annoy neighboring residents apply equally to all uses Item 6- Please confirm any restrictions as to lighting that may apply noting that lighting on the Pi-opetty is under, the roof'of the covered arena. Our Analysis and Response: The night sky ordinance speaks for itself Jt contains no equivalency provisions comparing service station canopy which is or-dinatily not located within 100 feet of residential zoning districts, to lighting which is in fact located within 100 feet of'peoples homes. Item 7.. Please confirm any buffer- requirements for the Property, if'any, and please confirm any restrictions as to the location and operation of'a dumpster-, if' any Our Analysis and Res once: Once again, Mr. Runner's arena building, barn, dumpstei and other structures are neither located on his single family lot, nor- are they customarily incidental to a single family use.. A commercial size durrrpster full of horse manure from 38 horses is hardly customary 01 incidental to a single family use. Item 8 Please confirm that if'the Northwest Fulton Overlay District does not apply that there are no requirements as to structures located on the Pioperty including paint colors.. Our Analysis and Response: Once again, Mr Runner's one -acre covered, lighted, sound system equipped. 150 -seat clinic and symposium -accommodating arena building and his 38 -stall horse barn with manure d.umpster is neither- on the same lot as his residence, nor is it customarily incidental to a single family use.. These buildings are therefore subject to the overlay. Item 9. Please confirm any restrictions as to the parking of'tiailers on the property, if any. Our Analysis and Response: The principal structure on lVlr_ Runner's horse fatal parcel could be either the barn or the arena, but it is by definition not his house because it is not on the same lot as his house. Mr.. Runner has left himself'no room to the rear of'his arena building or barn in which to Page 8 Maich 30, 2007 park his horse trailers. They cannot be parked in the fi-ont yard of'his barn or arena building, so they can only be parked within the side yard area of his barn and arena.,5 Item 10.- Please confirm that there are not any regulations pertaining to sun reflection from roofs of structures located on the property.. Our Analysis and Response: We do not disagree with the response to Item 14. However, if the stzucture in question were properly sized and were screened by a 75 Foot buffer as required by the overlay, the reflection would likely not be an issue.. Conclusion. For the foregoing reasons we believe it is clear that Mr„ Runner's property enjoys no exemption or immunity from the operation of the City of' Milton's zoning ordinance merely because the offending structures may have escaped Fulton County's zoning and permitting process. They are every bit as illegal today as the day they were built.. If'the City is to be consistent and uniform in the enforcement of"its ordinances, it should take action to either bring this entire property into compliance, or at a minimum to require Mr Runner to take comprehensive and specific ameliorative measures as a condition to avoiding abatement procedures. Ihank you for your consideration in this important matter. Yours truly, BROCK, CLAY, CALHOUN & ROGERS, P.C. Richard W. Calhoun For the Firm RWC:mgc cc: Mark E., Scott, City Attorney (mscott@r lmattorneys..com) Ted Cox Chris Swanson Ebrahim Mandavi F:Tox, Ted CCXEC 06453tCity of Milton lu 43.30-07 dol. 5 Had Mr.. Runner complied with the overlay by placing these structures within 20 feet of Hopewell Road, rather than over sixty feet from the road, he might have been able to park trailers to the rear of these structures.. HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ13-17 — 13980 Freemanville Road by Fuqua and Associates to Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to Develop 9 Single Family Residences on 16.98 Acres. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY A TTORNEY REVIEW REQUIRED: ()YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 01 2 Z l 4 REMARKS 14 ©*youlm PHONE: 678.242.2500 1 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 RACE AWARD � Green Certified * > WINNER Community ij,E,hi,, .S .. ,,BCL y Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 1 of 18 RZ13-17 RZ13-17 PROPERTY INFORMATION ADDRESS 13980 Freemanville Road DISTRICT, LAND LOT 2/2 813, 812, 772 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 16.98 EXISTING USE Under development PROPOSED USE 9 Single Family Residential lots PETITIONER Fuqua and Associates ADDRESS 700 Barberry Drive Alpharetta, GA 30004 770-475-9975 OWNER Fuqua and Associates ADDRESS 700 Barberry Drive Alpharetta, GA 30004 770-475-9975 COMMUNITY DEVELOPMENT RECOMMENDATION – December 18, 2013 RZ13-17 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – December 18, 2013 RZ13-17 – APPROVAL CONDITIONAL - 6-1 INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 9 single family residences (minimum 1 acre lots) on 16.98 acres. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 2 of 18 RZ13-17 LOCATION MAP Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 3 of 18 RZ13-17 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 4 of 18 RZ13-17 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 5 of 18 RZ13-17 Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 6 of 18 RZ13-17 Cross-section at Providence road and Freemanville Road View of the Property from Freemanville Road Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 7 of 18 RZ13-17 Existing entrance to the property from Freemanville Road Other end of the road closed temporarily. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 8 of 18 RZ13-17 Neighboring gated Property Northwest on Freemanville Road Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 9 of 18 RZ13-17 SUBJECT SITE AND BACKGROUND: The subject site contains 16.42 acres. The parcel is currently under development with nine lots zoned AG-1 (Agricultural). Nine lots of single family homes are proposed. This site is a final phase of existing subdivision ‘Triple Crown’ which is zoned CUP (Community Unit Plan) as well. The site is located within the “Agricultural, Equestrian Estate Residential (AEE)” designation of the 2030 City of Milton Comprehensive Plan. The original design of this final phase contained a total of 22.10 acres to develop 13 lots, of which 4.12 have been since sold to an adjacent property owner leaving this petition a total of 16.98 acres. A current LDP was issued by the Community Development Department on August 4, 2013 for nine lots under the AG-1 (Agricultural) zoning district. The applicant is requesting a rezoning to CUP (Community Unit Plan) to build 9 single family residences at an overall density of 0.53 units per acre. Therefore, no change in the number of lots is requested as part of the request to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan). SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 3, 2013, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-897 - CUP (Community Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height Applicant has not indicated height Minimum lot area as specified in conditions The minimum lot size shown is one (1) acre Minimum CUP development size shall be ten acres The CUP development size is 16.98 acres Maximum density allowed is 5 units per gross acre The density of the subject site is 0.53 units per acre Minimum lot width (at building line) per conditions 90 feet Minimum CUP development frontage shall be 35 feet Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 30 feet minimum Minimum heated floor area as 2,800 square feet Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 10 of 18 RZ13-17 specified in conditions Minimum perimeter setback as specified Varies; per site plan The following are proposed building setbacks and development standards for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 30 feet b) Side yard setback – 10 feet c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 40 feet e) Adjacent to Freemanville Road – 50 feet f) Adjacent to AG-1- 50 feet g) No lot would have direct access to Freemanville Road LANDSCAPE STRIPS AND BUFFERS Based on the fact that the site is under construction and the approved plans indicate compliance with the landscape strip requirements around the stormwater facility, further comment is not needed. The site plan indicates a 50 foot building setback for lots adjacent to Freemanville Road (lots 3-5). Staff is including a 40 foot wide undisturbed buffer and an additional 20 foot no improvement setback for lots along Freemanville Road so that the rural view shed will be maintained along this corridor. In addition, those homes on lots 3-5 will be required to be reviewed by the Community Development Department with assistance from the City Architect to ensure 360 degree architecture prior to the issuance of a building permit. The City Arborist has met with the applicant and approved a landscape plan including the location and types of vegetation. These items will be included in the Recommended Conditions. OTHER SITE PLAN CONSIDERATIONS Pursuant to Sec 64-2392, the Zoning Ordinance requires sidewalks which shall be constructed in accordance with the Department of Public Works standard plan which requires sidewalks on both sides of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width with a minimum 2 foot beauty strip between the sidewalk and the curb. The site plan does not indicate the required sidewalks. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 11 of 18 RZ13-17 There is an existing emergency vehicle access driveway that exits from Freemanville Road and for use only by emergency vehicles. 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 proposed site does not contain wetlands, floodplain, historical sites or sensitive plant and animal species. The site does contain a stream that has been delineated with the appropriate buffers and setbacks. The site also contains slopes exceeding 25% in the areas located within the stream buffer area. 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. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 12 of 18 RZ13-17 FINANCIAL MODELING RESULTS PUBLIC INVOLVEMENT Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 13 of 18 RZ13-17 On October 29, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were three residents from the community in attendance. No one expressed opposition to the rezoning. Public Comments – Staff has not received any comments from the public regarding this petition. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Monday, November 4, 2013. There were three people in attendance for the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – December 3, 2013 Comments: Provide a 60’ undisturbed area along Freemanville Road. Where sparsely vegetated, replant in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed. Architectural elevations for lots 3, 4, 5 (fronting Freemanville Road) shall be reviewed and approved by Staff prior to the issuance of a building permit. The Milton trail should be incorporated into the development. CITY ARBORIST As mentioned, the site is under construction and development permit was issued. The tree bond for $55,000 has been submitted. The City Arborist requires that 110 (4”) trees are required or combination of sizes and species as approved by the City Arborist. Screening should be done with natural vegetation with at least 60 percent coverage in trees and shrubs with no more than 40% coverage in grass or groundcover. As mentioned before, the City Arborist has met with the applicant and approved a landscape plan including the location and types of vegetation to preserve the rural view shed. Standards of Review (Section 64-2104) 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. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 14 of 18 RZ13-17 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 proposed 9 lot single family residential subdivision developed at a density of 0.53 units per acre is consistent with adjacent and nearby properties zoned CUP (Community Units Plan) to the north and west and AG-1 (Agricultural) to south and east which are also developed at less than one units per acre. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings if approved with Staff’s Recommended Conditions. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed development is consistent with the remainder of Triple Crown to the west zoned CUP pursuant to RZ03-159 approved at a density of .60 units per acre, and other single family subdivisions and lots to the north, east, and south. The specific approved conditions for RZ03-159 are as follows: Minimum heated floor area – 2,500 square feet Lot Width – 90 feet Lot Frontage – 35 feet Front Yard – 30 feet Side Yard – 10 feet Side Yard adjacent to a street – 20 feet Rear Yard – 50 feet Perimeter Building Setback – 50 feet 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 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? Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 15 of 18 RZ13-17 Staff does not anticipate a significant impact on public services or utilities. The estimated number of new students for the proposed rezoning which will have an impact on the Birmingham Falls Elementary, Northwestern Middle School, and Milton High School is small. Although Northwestern MS and Milton HS are enrolled over the capacity, the schools are made aware of the demographic changes occurring in the region. This subdivision is under construction under the AG-1 designation and it will not have a negative impact on existing streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 City of Milton Comprehensive Plan: Agricultural Equestrian Estate Residential Proposed use/density: Single Family Residential at 0.53 units per acre The proposed CUP (Community Unit Plan) development conforms to the following suggested policy and intent of the 2030 City of Milton Comprehensive Plan if developed with the Recommended Conditions. We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. 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? The site contains slopes and a stream with the required buffers. In addition the remainder of Triple Crown is also zoned CUP to the west. The request for the proposed CUP allows for additional flexibility to better site the homes within the subdivision based on the Fulton County Health Department requirement of two drain fields, protect specimen trees, and better landscape design for the subdivision. These facts are grounds to recommend approval of the proposed CUP (Community Unit Pan) if developed with the Recommended Conditions. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 16 of 18 RZ13-17 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? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City if developed with the Recommended Conditions. CONCLUSION If developed as a CUP (Community Unit Plan) with the Recommended Conditions, the nine 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 (Community Unit Plan) development standards. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ13-17 to rezone from AG-1(Agricultural) to CUP (Community Unit Plan). Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 17 of 18 RZ13-17 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Freemanville Road with a frontage of 523 feet should be approved for CUP (Community Unit Plan) 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) Single family detached dwellings and accessory uses and structures. b) No more than 9 total dwelling units at a maximum density of 0.53 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. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 3, 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. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 22, 2014 1/17/2014 Page 18 of 18 RZ13-17 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Minimum lot width (at building line) – 90 feet c) Minimum lot frontage – 30 feet d) Minimum heated floor area per units – 2,800 square feet e) Minimum front yard setback – 30 feet f) Minimum side yard setback – 10 feet g) Minimum rear yard- 40 feet h) Adjacent to AG-1 -50 feet i) No lot would have direct access to Freemanville Road j) Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback for lots along Freemanville Road identified as lots 3, 4, and 5 and where sparsely vegetated, replant in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed. k) Architectural elevations for lots 3, 4, 5 (adjacent to Freemanville Road) shall be reviewed and approved by the Community Development Department with assistance of the City Architect prior to the issuance of a building permit. Page is too large to OCR. ORDINANCE NO._______ PETITION NO. RZ13-17 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO CUP (COMMUNITY UNIT PLAN) FOR A 9 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON FREEMANVILLE ROAD HAVING A FRONTAGE OF APPROXIMATELY 523 FEET CONTAINING 16.98 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 22, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the Cit y of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Freemanville Road with frontage of approximately 523 feet, consisting of a total of approximately 16.98 acres as described in the attached legal description, be rezoned to the CUP (Community Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 812, 813, and 772 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the CUP (Community Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 23 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 22nd day of January, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Freemanville Road with a frontage of 523 feet should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with th e 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) Single family detached dwellings and accessory uses and structures. b) No more than 9 total dwelling units at a maximum density of 0.53 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. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 3, 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. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Minimum lot width (at building line) – 90 feet c) Minimum lot frontage – 30 feet d) Minimum heated floor area per units – 2,800 square feet e) Minimum front yard setback – 30 feet f) Minimum side yard setback – 10 feet g) Minimum rear yard- 40 feet h) Adjacent to AG-1 -50 feet i) No lot would have direct access to Freemanville Road j) Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback for lots along Freemanville Road identified as lots 3, 4, and 5 and where sparsely vegetated, replant in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed. k) Architectural elevations for lots 3, 4, 5 (adjacent to Freemanville Road) shall be reviewed and approved by the Community Development Department with assistance of the City Architect prior to the issuance of a building permit. Site plan submitted on October 3, 2013 0 HOME OF ` I L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ13-19 — 13941 and 13943 Highway 9 North by Ashton Atlanta Residential, LLC to Rezone from 0-1 (Office -Institutional) to TR (Townhouse Residential) to Develop 24 Single Family Residences. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES NO CITY ATTORNEY REVIEW REQUIRED: () YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS QN4 You ,......,. _ PHONE: 678.242.2500 FAX: 678.242.2499 Y0t2 Green *c«<sed* < '�YMIMME ' Community 3 info@cityofmiltonga.us I www.cityofmiltonga.us , Echi. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 1 of 27 RZ13-19 RZ13-19 PROPERTY INFORMATION ADDRESS 13941 & 13943 Hwy 9 (East Side) DISTRICT, LAND LOT 2/2 831 OVERLAY DISTRICT State Route 9 and Deerfield/Highway 9 Form-Based Code EXISTING ZONING O-I (Office Institutional) – RZ07-10 PROPOSED ZONING TR (Townhouse Residential) ACRES 5.3 EXISTING USE Undeveloped and Vacant Single Family Residential PROPOSED USE 24 Single Family Residential Units PETITIONER Ashton Atlanta Residential, LLC, - Joe Ingram ADDRESS 3820 Mansell Road, Suite 300 Alpharetta, GA 30022 678-781-3164 OWNER ARG QUALITY PROPERTIES ADDRESS 3630 Peachtree Road, Suite 1050 Atlanta, GA 30326 COMMUNITY DEVELOPMENT RECOMMENDATION – December 18, 2013 RZ13-19– DENIAL PLANNING COMMISSION RECOMMENDATION – December 18, 2013 RZ13-19– DENIAL – 7-0 INTENT To rezone from O-I (Office Institutional) to TR (Townhouse Residential) to develop 24 single family detached homes on 5.3 acres at an overall density of 4.53 units per acre. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 2 of 27 RZ13-19 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 3 of 27 RZ13-19 CURRENT ZONING MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 4 of 27 RZ13-19 CURRENT FORM-BASED OVERLAY DISTRICT MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 5 of 27 RZ13-19 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 6 of 27 RZ13-19 FUTURE LAND USE PLAN MAP AS AMENDED APRIL 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 7 of 27 RZ13-19 Site Plan Submitted on November 6, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 8 of 27 RZ13-19 Revised Site Plan Submitted on December 3, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 9 of 27 RZ13-19 SUBJECT SITE VIEW FACING NORTHEAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT, HWY 9 FAR LEFT/BOTTOM SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 10 of 27 RZ13-19 SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUBJECT SITE LEFT, HWY 9 RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 11 of 27 RZ13-19 SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUPERIOR INDOOR COMFORT, INC LEFT, SUBJECT SITE CENTER/RIGHT AND HWY 9 RIGHT/BOTTOM VIEW ACROSS THE STREET FROM SUBJECT SITE FACING SOUTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 12 of 27 RZ13-19 VIEW ACROSS THE STREET FROM SUBJECT SITE FACING NORTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 13 of 27 RZ13-19 EXISTING USES AND ZONING OF NEARBY PROPERTY 4 1 3 5 6 8 10 9 2 11 7 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 14 of 27 RZ13-19 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area South 1 RZ06-096 (11-15-2006) C-1 (Community Business) CVS Pharmacy 5,690 sq. ft./acre or total of 34,282 sq. ft. West 2 RZ04-022 (05-05-2004) C-1 (Community Business) Commercial Strip Center 7,314.03 sq. ft. /acre or total 9,468 sq. ft. West 3 AG-1 AG-1 (Agricultural) Undeveloped n/a North 4 RZ88-100 (07-06-1988) M-1 (Light Industrial) Air Conditioning Business 4,151 sq. ft./acre or total 8,800 sq. ft. Northwest 5 RZ00-052 (08-02-2000) C-1 (Community Business) Daycare Center 4,771.25 sq. ft./acre or total 14,600 sq. ft. on 3.06 acres North 6 AG-1 AG-1 (Agricultural) Undeveloped n/a East 7 AG-1 AG-1 (Agricultural) Bellemeade Farms Subdivision 1 unit/acre (Est. 3,000 sq/ft) North 8 RZ88-023 (03-02-1988) C-2 (Community Business) Landscaping Supply Business 8,040 sq. ft. per acre or total 24,600 sq. ft. Northwest 9 AG-1 AG-1 (Agricultural) Agricultural Apple Orchard n/a North 10 AG-1 AG-1 (Agricultural) Undeveloped n/a North 11 RZ95-150 (1995) R-4A (Residential) Lake Laurel Subdivision 2.2 units/acre 2,400 sq. ft. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 15 of 27 RZ13-19 SUBJECT SITE: The subject site contains 5.3 acres and is undeveloped. The total subject site was rezoned O-I (Office Institutional ) pursuant to RZ07-10 for 28,104 square feet at a total density of 5,332 square feet per acre of general office for the four parcels totaling 5.3 acres. However, the two parcels to the south (1.64 acres) were rezoned to T-5 Urban Center Zone Form-Based Code, while the two north parcels (3.84 acres) remained O-I. Therefore, the two north parcels (3.84 acres) remaining O-I at 5,332 square feet per acre gives the two north parcels a total of 20,489.76 square feet of general office on 3.84 acres. The two south parcels under T-5 Urban Center Zone Form-Based Code are allowed a total of 33,210 square feet of commercial, office or retail on 1.64 acres or 9 units per acre of residential . The subject site is located on the east side of Hwy 9 just north of CVS Drug Store and south of Superior Indoor Comfort. The site is located within the Mixed Use designation on the City’s Future Land Use Map and Transitional Zone per the Hwy 9/GA 400 Area Master Plan. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on December 3, 2013, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-669 TR (TOWNHOUSE RESIDENTIAL) Requirements Subject Site Minimum lot area per unit -2,000 sq. ft. 5,000 square feet Maximum density allowed – 9 u/a 5.21 units per acre Minimum lot width - 20 feet The lots exceed the minimum requirement Minimum lot frontage – 20 feet The lots exceed the minimum requirement Minimum heated floor area per unit- 1,100 square feet 2,000 square feet Maximum height – 40 feet The proposed buildings will not exceed the maximum height The following are the building setbacks when one building per lot shall be as follows: Front yard 20 feet from right-of-way Side Yard 0 feet (14ft between houses) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 16 of 27 RZ13-19 Side yard adjacent to a street 15 feet Rear yard 25 feet The following are the minimum perimeter setbacks for the entire TR development: Front yard adjacent to SR 9 40 feet Side yard along the north and south property lines 30 feet Side yard abutting a street 40 feet Rear yard along east property line 35 feet Maximum lot coverage. The area of the footprint of all buildings and parking shall not exceed 50 percent of the total land area. The proposed development provides less than 50 percent of the total land area. Based on all the requirements noted above, the site plan indicates compliance with the development standards for TR (Townhouse Residential). Staff will require that a minimum 20 foot setback from the garage door to the back of the curb be provided in order to ensure that the sidewalk is not blocked by a vehicle parked in the driveway. Secondly, a minimum of 4 spaces shall be provided for each residence based on the fact that the widths of the private streets are not sufficient to provide on street parking. LANDSCAPE STRIPS Staff notes that a 20-foot landscape strip is required around the detention pond. It appears that the site plan complies with this requirement. In addition, a black four board equestrian fence shall be constructed interior to the landscape strip. The items discussed above will be in the Recommended Conditions. The site plan indicates open space with landscaping along Hwy 9. Although the strict adherence to the Zoning Ordinance, landscaping is not required, Staff will specify the applicant provide the open space with landscaping in the Recommended Conditions. OTHER SITE PLAN CONSIDERATIONS It has been the City Council’s policy in the past where there has been development along Hwy 9 to provide a four board black equestrian fence, not exceeding 55 inches in height. More recently, the recommended design for the equestrian fence may include a column as described in the Hwy 9 Design Guidelines. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 17 of 27 RZ13-19 In addition, if the Mayor and City Council approve the proposed development, Staff will require all single family building permits be reviewed and approved by the Community Development Department with assistance of the City Architect. 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 proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS The site is predominately pine trees with a hardwood stand along northern property boundary. An open area runs through the center of this site. Thirty (30) foot setbacks are nicely vegetated and should remain undisturbed as much as practical. There are eleven specimen trees on site, and if removed or encroached on, will require recompense. The site plan submitted shows removal of eight of the eleven specimen trees. Common areas along Hwy 9 should be preserved if possible and/or planted in a natural/clustered setting. Recompense will be 164 (4”) trees if all specimen trees are removed. Bond for recompense will be required. Staff notes that in the previous rezoning pursuant to RZ07-10, a condition of zoning was included to preserve three trees on the site identified as 1, 5 and 6. The exhibit will be included at the end of the Staff Report. CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. PUBLIC WORKS 1. Bicycle and pedestrian facilities on SR 9 are not shown in accordance with City Code of Ordinances. 2. Entrance location, striping and turn lanes subject to GDOT approval . 3. Entrance configuration to be coordinated with projects PI 0007838 and PI 0012625. FULTON COUNTY BOARD OF EDUCATION The below table indicates the predicted student yields based on current data for a full build-out of all 24 single family residences. It shows average yields and average plus one standard deviation, to provide a high range estimate. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 18 of 27 RZ13-19 This area is currently zoned for Cambridge High, Hopewell Middle, and Cogburn Woods Elementary. Cambridge High School’s enrollment is below the building’s capacity by 367 students. Hopewell Middle’s enrollment exceeds the building’s capacity by 155 students. Cogburn Woods Elementary’s enrollment exceeds the building’s capacity by 66 students. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 19 of 27 RZ13-19 FINANCIAL MODELING IMPACTS Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 20 of 27 RZ13-19 PUBLIC INVOLVEMENT On December 4, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were six members of the community in attendance. Other Public Comments – Staff has spoken to the owner of Superior Indoor Comfort which abuts to the north and currently zoned M -1 (Manufacturing). He was concerned that the new homes would be protected from his business. Also, a resident of Bellemeade Subdivision to the east was concerned about the connection of sewer via an existing sewer easement in the subdivision. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Thursday, December 12, 2013 at the Windward Kroger Community Room. The applicant’s report stated that no one appeared at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – December 3, 2013 Comments: The area was envisioned to have more of a walkable retail use. Development should comply with the Highway 9/Deerfield Form Based Code. Dwellings are to be subject to staff review. Standards of Review (Section 64-2104) 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 proposed 24 lot single family residential subdivision developed at a density of 4.53 units per acre is consistent with properties further to the north. Further north is Lake Laurel zoned R4A (Residential) at a density of 2.2 units per acre. Further north along State Route 9 is Milton Preserve zoned TR (Townhouse Residential) and developed with detached single family residences at a density of 5.26 units per acre. East of the subject site are single family homes on at least 1 acre lots zoned AG-1. Across State Route 9 is The Greens at Crooked Creek zoned CUP (Community Unit Plan) at a density of 3.6 units per acre. The remainder of Crooked Creek and the Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 21 of 27 RZ13-19 Atlanta Athletic Club are also zoned CUP (Community Unit Plan) but at a density of 1.7 units per acre. Further along State Route 9 is Wyndham zoned TR (Townhouse Residential) and developed with townhomes at a density of 8.14 units per acre, and Kennewick zoned CUP (Community Unit Plan) developed with detached single family residences at a density of 4.99 units per acre. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings, but the site plan does not conform to the recently vetted and adopted Form-Based Code Overlay District. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect the existing use or usability of the adjacent properties as described above. The proposed development is within the range of existing approved densities and uses in the area. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does have a reasonable use as 5.3 acres currently zoned O-I (Office Institutional) 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? Staff does not anticipate a significant impact on public services or utilities. The elementary and middle schools show impact. This area is currently zoned for Cambridge High, Hopewell Middle, and Cogburn Woods Elementary. Cambridge High School’s enrollment is below the building’s capacity by 367 students. Hopewell Middle’s enrollment exceeds the building’s capacity by 155 students. Cogburn Woods Elementary’s enrollment exceeds the building’s capacity by 66 students. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: The two south parcels: Transitional Area as amended by Hwy 9/ GA 400 Area Master Plan. The two north parcels: Mixed Use – 2030 City of Milton Comprehensive Plan Future Development Area pending a Master Plan (Master Plan in progress). Proposed use/density: Single Family Residential at 4.53 units per acre Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 22 of 27 RZ13-19 The Milton City Council adopted the Comprehensive Plan in June, 2011. The Future Land Use Plan was amended for the two south parcels of subject site upon the adoption of the Hwy 9/GA 400 Area Master Plan in April, 2012. Per the Hwy 9/GA 400 Area Master Plan amendment, the two south parcels of subject site are Transitional for primarily small lot single family residential and limited neighborhood serving retail and office. These parcels were subsequently designated T5 Form-Based Code Overlay District to reflect the vision of the master plan. The two north parcels of subject site are currently being considered in the North Hwy 9 Visioning Study which is not yet adopted. Currently, the Future Land Use Plan Map shows the two north parcels of subject site as Mixed Use and within the Future Development Area pending a Master Plan. Based on the recent designation of the two south parcels of subject site to Form-Based Code T5 Overlay District which does not allow for single family residential development, and the pending master plan for the two north parcels, the request to rezone to TR (Townhome Residential) is not consistent with the future vision for subject site. 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? Although the proposed development is consistent with nearby zonings and developments further to the north, the vision for the future of Hwy 9 is not to replicate what already exists along the corridor, but to enhance it. The intent is to implement a Form-Based Code to specify the desired architectural and site design. The two south parcels have been designated T5 Form-Based Code zoning recently which does not contemplate single family residential development, and the two north parcels are currently being considered in the North Hwy 9 Visioning Study which is not yet adopted. Given these considerations it is grounds to recommend denial for the proposed TR (Townhouse Residential) zoning developed as single family residential . 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? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 23 of 27 RZ13-19 CONCLUSION Although the proposed development is consistent with developments further to the north and appears to meet the required development requirements, it is inconsistent with the intent of the Form-Based Code Overlay District and the vision for the corridor. Therefore, Staff recommends DENIAL of RZ13-19 to rezone from O- I (Office Institutional) to TR (Townhouse Residential) to develop a 24 lot single family residential subdivision. If the Mayor and City Council recommends approval, Staff provides the following Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 24 of 27 RZ13-19 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse Residential) 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) Single family detached dwellings and accessory uses and structures. b) No more than 24 total single family dwelling units at a maximum density of 4.53 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit 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/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 3, 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. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size shall be 5,000 square feet. b) Minimum heated floor area shall be 2,000 square feet. c) Each lot shall provide a total of four (4) parking spaces. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 25 of 27 RZ13-19 d) Minimum setback from the garage door to the back of the sid ewalk shall be 20 feet. e) Provide a black four-board-equestrian-styled fence along Hwy 9 interior to the landscape strip or as approved by the Director of Community Development. f) Provide landscaped open space with plantings approved by the City Arborist along Hwy 9 interior to the new right-of-way as shown on the Revised Site Plan submitted on December 3, 2013. g) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07-10) h) All single family residential building permits shall be reviewed and approved by the Community Development Department with assistance from the City Architect. 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 or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 26 of 27 RZ13-19 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Provide a 44 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the north property line as required and approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) The stormwater 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 Community Development and Public Works Departments. 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 equivalent as may be approved by the City of Milton Public Works Department. b) Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 22, 2014 1/17/2014 Page 27 of 27 RZ13-19 Page is too large to OCR. ORDINANCE NO._______ PETITION NO. RZ13-17 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO CUP (COMMUNITY UNIT PLAN) FOR A 9 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON FREEMANVILLE ROAD HAVING A FRONTAGE OF APPROXIMATELY 523 FEET CONTAINING 16.98 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 22, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the Cit y of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Freemanville Road with frontage of approximately 523 feet, consisting of a total of approximately 16.98 acres as described in the attached legal description, be rezoned to the CUP (Community Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 812, 813, and 772 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the CUP (Community Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 23 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 22nd day of January, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Freemanville Road with a frontage of 523 feet should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with th e 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) Single family detached dwellings and accessory uses and structures. b) No more than 9 total dwelling units at a maximum density of 0.53 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. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 3, 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. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Minimum lot width (at building line) – 90 feet c) Minimum lot frontage – 30 feet d) Minimum heated floor area per units – 2,800 square feet e) Minimum front yard setback – 30 feet f) Minimum side yard setback – 10 feet g) Minimum rear yard- 40 feet h) Adjacent to AG-1 -50 feet i) No lot would have direct access to Freemanville Road j) Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback for lots along Freemanville Road identified as lots 3, 4, and 5 and where sparsely vegetated, replant in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed. k) Architectural elevations for lots 3, 4, 5 (adjacent to Freemanville Road) shall be reviewed and approved by the Community Development Department with assistance of the City Architect prior to the issuance of a building permit. Site plan submitted on October 3, 2013 IN HOME OF ' M I LTO N% ESTABLISHED 27 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of T13-03NC-08 - 330 Batesville Road by STC Two LLC (d/b/a Crown Castle USA) to Replace the Existing 150 Foot High, Stealth Designed "Light Pole" Telecommunications Tower with an 195 Foot High "Mono -Pine" Telecommunications Tower and a Two Part Concurrent Variance: 1) To Reduce the Tower Setbacks from Adjacent Property Lines from 293 Feet on all Sides to (a) 165 Foot and 181 Feet on the Northwestern Property Lines, (b) 175 Feet on the Northeastern Property Line, and (c) 49 Feet on the Eastern Property Line, all as More Particularly Shown on the Site Plan Filed Herewith. (Sec. 54-6(d)(2)). 2) To Waive the 20 Foot Landscaping Buffer Requirement as the Ground Equipment on the Site will be Shielded by a Wooded Slatted Fence and Existing Vegetation. (Sec. 54-6(e)). MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (XIAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:) YES O NO CITY ATTORNEY REVIEW REQUIRED: O YES O NO APPROVAL BY CITY ATTORNEY Y) APPROVED () NOT APPROVED PLACED ON AGENDA FOR: /r 0122- t' ©.0 Your PHONE: 678.242.2500 WI FAX: 678.242.2499 r�... Green - * c�EE red ; XMFA Community �ty °f info@cityofmiltonga.us (www.cityofmiftonga.us �� ..,..,•r.p.,rvS.,u .n.•... J�EEI1lC5 � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTIFItD BRONZE �a<<' Page 1 of 8 PETITION NUMBER: T13-03 (Modification) / VC13-08 REQUESTED MODIFICATION: Seeks to modify the existing facility by removing the “light pole” and replace with a 195 foot “mono-pine” (tree-like structure) facility. REQUESTED CONCURRENT VARIANCE(S): 1) To reduce the tower setbacks from adjacent property lines from 293 feet on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, all as more particularly shown on the site plan filed herewith. (Sec. 54-6(d)(2)) 2) To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) PETITIONER: STC TWO LLC (d/b/a Crown Castle USA) 12725 Morris Road, Suite 400 Milton, GA 30004 OWNER: Kendall L. Bowen 300 Batesville Road Milton, GA 30004 OWNER ATTORNEY: Ellen W. Smith, Esq. - Holt Ney Zatcoff & Wasserman, LLP 100 Galleria Parkway, Suite 1800 Atlanta, GA 30339 PROPERTY INFORMATION ADDRESS 330 Batesville Road DISTRICT, LAND LOT 2/2, 736 OVERLAY DISTRICT Northwest Overlay District EXISTING ZONING AG-1 (Agricultural) ACREAGE 2.2593 ACRES – 2,500 SQ. FT (Leased Area) EXISTING USE 150 foot tall stealth-designed “light pole” telecommunications facility and single family residence FUTURE LAND USE DESIGNATION AEE (Agricultural, Equestrian, Estate Residential) Page 2 of 8 STAFF ANALYSIS: Background: The subject site is generally rectangular in shape with frontage on the northeast side of Batesville Road zoned AG-1 (Agricultural) developed with a single family residence located in the far rear of the property. The existing telecommunications facility is located near the rear of the property, within a 2,500 square foot portion of the property and was requested pursuant to 2001U-008. The request was denied by the Fulton County Board of Commissioners. The decision was appealed and overturned to allow the existing 150 foot “light pole” facility. The tower is considered a “pre-existing tower” under Chapter 54 of the Code of Ordinances of the City of Milton. The existing facility currently supports three wireless carriers: Sprint, Verizon, and T-Mobile. Crown Castle owns and manages the facility, pursuant to a ground lease agreement with the owner of the property, Kendall Bowen. The applicant has been seeking collocation or other opportunities to locate antenna facilities in this general area of the City. The existing facility does not meet the applicant’s needs for several reasons: 1) It is not structurally sound to allow any further collocation opportunities, 2) even if it were structurally sound, it is not tall enough to meet their needs, 3) the stealth design of the existing facility is not the most technologically feasible to meet any of the existing carriers’ needs, and 4) there is no sufficient room within the existing equipment compound to locate the applicant’s ground equipment. Earlier this year, the applicant and American Tower Corporation (ATC) filed an application with the City for a new 140 foot wireless support structure at 14295 Birmingham Hwy also known as “Stars Soccer” (T13-01). After meetings with the City to discuss the possibility of a modification (including a “drop and swap” of the existing facility and a revision to the Wireless Ordinance (Chapter 54), the applicant and ATC withdrew the said application to allow AT&T to pursue the modification which is the subject of this application. Modification Request: The applicant requests to modify the existing facility by removing the “light pole” and replace it with a 195 foot “mono-pine” (tree-like structure) facility which does not trigger any new Federal Aviation Administration (FAA) lighting requirements. The leased area will be increased by 2,500 square feet to a total of 5,000 square feet. The existing “northeastern” fence will be demolished and a new fence will be installed on the southeastern end of the leased area. According to the applicant, this was done to better locate the new facility. The applicant has stated that this requested modification will negate the need for a new wireless communications tower within the City in this general vicinity, including the aforementioned site at 14295 Birmingham Hwy also known as “Stars Soccer”. The replacement facility will be able to support the existing three carriers, but it will also support AT&T and at least one other carrier should there be a need. The radio-frequency analysis is attached for your review. Concurrent Variance Request: Staff notes that the proposed modification would be acceptable for expedited review and immediate building permit with the exception that the facility is a pre-existing tower and does not meet the all of the requirements of a wireless communications tower. Therefore, the applicant has requested a two part concurrent variance below: 1) To reduce the tower setbacks from adjacent property lines from 293 feet on all sides to (a) 165 foot and 181 Page 3 of 8 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, all as more particularly shown on the site plan filed herewith. (Sec. 54-6(d)(2)) 2) To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) Staff notes that although this is a concurrent variance request per Chapter 54, Telecommunications, it is not required to show “hardship” but only to meet the procedural requirements of the Georgia Zoning Procedures Law which addresses advertising and public hearing requirements for the application. The Telecommunications ordinance allows the applicant to request a modification that will allow a separate wireless carrier to collocate on the facility and that the collocation would negate the need for a new facility in this area. Nevertheless, the applicant’s letter of intent states the following in accordance with the Application form requirements as follows: 1) Relief, if granted in the form of approving the modification and concurrent variances, would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval of the application serves a number of stated purposes of the Ordinance including, among others, minimizing the total number of towers and antennas within the city, promoting the joint use of existing tower sites among service providers, and enhancing the ability of providers of wireless communications services to deliver services to the community effectively and efficiently. See Wireless Ordinance Sec. 54-1(1), (8), and (9). 2) There are extraordinary and exceptional conditions pertaining to the Property, the Site and the Facility such that literal or strict application of the Ordinance would create an unnecessary hardship due to size and shape of the Property and caused by the existing location and design of the Facility that do not result from Crown Castle’s or AT&T’s own actions. Most importantly, the structural integrity and limited height of the existing facility prohibit AT&T’s collocation. 3) Relief, if granted, would not cause a substantial detriment to the public good or surrounding properties particularly because the existing facility has operated, with the existing setbacks and landscaping for a number of years. The modification to allow the modified facility, including the increased height and ground equipment space, will have no detrimental impact on any surrounding property owner; instead, it will allow AT&T to serve its customers working, traveling and going to school in this surrounding area. Frankly, it likely will improve coverage for other carriers already using the existing facility as well. 4) By approving this application, public safety, health and welfare are secured, and substantial justice will be done. Page 4 of 8 Recommended Conditions: Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1 The maximum height of the facility shall be 195 feet. Said facility shall be “mono-pine” in appearance. 2 The total leased area shall be 5,000 square feet as shown on the site plan submitted to the Community Development Department on November 19, 2013. 3 To provide tower setbacks from adjacent property lines on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, as shown on the site plan submitted to the Community Development Department on November 19, 2013. (Sec. 54-6(d)(2)) (VC13-08 – Part 1) 4 To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) (VC13-08 – Part 2) Page 5 of 8 SITE MAP Page 6 of 8 CURRENT ZONING MAP Page 7 of 8 EXISTING FACILITY Page 8 of 8 SITE PLAN SUBMITTED ON NOVEMBER 19, 2013 Mla '09 CdD�f 3iliftS �9 T rAi! k to 0 r A BA�TE5V i LLE NrnX r rn� n .> �tnlu G ulln3 55UEl7 FOR PRSkrskNnRr n v p�st� M lEsm L] t NZ� 1 o > -S7 N w O Mla '09 CdD�f 3iliftS �9 T rAi! k T 17*4? -0 0 3 / Veo 13-08 j a7-t� r A BA�TE5V i LLE NrnX r rn� n .> �tnlu G ulln3 55UEl7 FOR PRSkrskNnRr n v p�st� M lEsm L] T 17*4? -0 0 3 / Veo 13-08 j a�g a � T a > U CP A BA�TE5V i LLE NrnX r z a Z a ' Z ' ' • • N Q)' .> m q G ulln3 55UEl7 FOR PRSkrskNnRr n v � D M T 17*4? -0 0 3 / Veo 13-08 j r �n N a � T a > U CP A BA�TE5V i LLE NrnX A.5 n ��LD z a Z a ' Z ' ' • • N A IDR4A3 35R&D FOR PREL.irslWAY REVIEW .> m q G ulln3 55UEl7 FOR PRSkrskNnRr n v � D M t NZ� 1 RECEIVED NOV 19 2013 COMMUNITY CITY o N ❑ VEL INICNT T 17*4? -0 0 3 / Veo 13-08 j O a � T a > U CP A BA�TE5V i LLE NUM DAM kk7naN: at&tB �� z a Z a ' Z ' ' • • N A IDR4A3 35R&D FOR PREL.irslWAY REVIEW OVERALL SITE PLAN 101150 1 155 Tp FOR PRELIMINARY REVILM G ulln3 55UEl7 FOR PRSkrskNnRr n v 0 II1i2A3 115aEP FOR ZONING 5U8Ml7TAL HOLT NEY ZATCOFF & WASSERMAN, LLP ATTORNEYS AT LAW 100 GALLERIA PARKWAY, SUITE 1800 ATLANTA, GEORGIA 30339-5960 TELEPHONE 770-956-9600 FACSIMILE 770-956-1490 Ellen W. Smith e-mail esmith@hnzw.com November 19, 2013 BY HAND DELIVERY City of Milton 13000 Deerfield Parkway, Suite 107C Milton, Georgia 30004 PC -*r% !1%1C0 NOV 1 9 2013 COMMUNITY DEVELOpPMENT Re: City of Milton Collocation/Modification/Concurrent Variance of Wireless Telecommunication Facilities Application for Expedited Review by STC TWO LLC, also known as Crown Castle USA ("Crown Castle" or "Applicant"), regarding the modification of an existing WTF located at 300 Batesville Road, Milton, Georgia 30004 (the "Property") LETTER OF APPEAL Ladies and Gentlemen: This firm has the pleasure of representing Crown Castle with respect to the referenced Application. Applicant respectfully submits for your consideration the Application, the approval of which will allow the modification of an existing 150 -foot tall telecommunications facility (the "Existing Facility") to allow New Cingular Wireless PCS, LLC (also known as AT&T Mobility ["A T& T']) to collocate upon a replacement for the Existing Facility. Property and Existinle Facility Background The Property is an approximately 2.2593 -acre generally rectangular shaped tract with frontage on Batesville Road, zoned AGA. It is improved with a single family residence and the Existing Facility. The Existing Facility was permitted more than a decade ago prior to the incorporation of the City of Milton (accordingly, it is considered a "pre-existing tower" under Chapter 54 of the Code of Ordinances of the City of Milton [such chapter being the "Wireless Ordinance"]). The Existing Facility is a stealth -designed "light pole" tower that is located near the rear of the Property, within an existing approximately 2,500 square foot portion of the Property (the "Existing Site").' The Existing Facility currently supports three wireless carriers: Sprint at 145 feet, Verizon at 137 feet and 129 feet, and T -Mobile at 121 feet. Crown Castle owns and manages the Facility, pursuant to a ground lease agreement with the owner of the Property, Kendall Bowen. 1 The address for the Existing Site is 330 Batesville Road. Crown Letter of Intent City of Milton _ Application for Expedited Review - Batesville GA 4041 BUN874.DOC/2031-6 HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 2 of 5 366877_1/2031-6 For several years, AT&T has been seeking collocation or other opportunities to locate wireless antenna facilities in this general area of the City. Unfortunately, the Existing Facility does not meet AT&T’s needs for several reasons: (i) it is not structurally sound to allow any further collocation opportunities, (ii) even if it were structurally sound, it is not tall enough to meet AT&T’s needs, (iii) the stealth design of the Existing Facility is not the most technologically feasible to meet any of the existing carriers’ needs, and (iv) there is not sufficient room within the existing equipment compound to locate AT&T’s ground equipment. Earlier this year, AT&T and American Tower Corporation (“ATC”) filed an application with the City for a new 140-foot wireless support structure at 14295 Birmingham Highway (Application No. T13-001; the “Stars Soccer Application”). After meetings with the City to discuss the possibility of a modification (including a “drop and swap”) of the Existing Facility and a revision to the Wireless Ordinance, AT&T and ATC withdrew the Stars Soccer Application to allow AT&T to pursue the modification which is the subject of this Application. Proposed Modification and Application Requirements The Wireless Ordinance was amended to allow for modifications of existing wireless communications facilities in certain limited circumstances. “Modifications” under the Wireless Ordinance expressly include: the removal and replacement of a pre-existing tower with a tower at the same location that may be up to 30% taller so long as any such structure height increase does not trigger FAA lighting requirements. Crown Castle is seeking to remove the Existing Facility and replace it with a new 195-foot “monopine” (tree-like support structure) (the “Modified Facility”). This proposed height increase does not trigger any new FAA lighting requirements. The Modified Facility will obviate the need for a new wireless communications tower within the City in this general vicinity (including at Stars Soccer), as more particularly shown by the attached radio-frequency analysis. The Modified Facility support not only the existing three carriers (Sprint, Verizon and T- Mobile), but it will also support AT&T and at least one other carrier should there be a need. This proposed modification would be acceptable for Expedited Review and immediate Building Permit but for the fact that the Facility is a pre-existing tower and does not meet the requirements set forth in Wireless Ordinance Sections 54-6(d) and 54-6(e). Specifically, Crown Castle seeks to reduce the required tower setbacks outlined in Section 54-6(d)(2) from 293 feet (proposed new tower height + 50%) to (a) 164’ and 180’ on the northwestern property lines, (b) 175’ on the northeastern property line, and (c) 48’ on the eastern property line, all as more particularly shown on the site plan filed herewith. Importantly, these are existing setbacks and that the Modified Facility will be approximately twenty-two feet (22’) closer to Batesville Road than the Existing Facility, but the Modified Facility will exceed the setback from the right-of- HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 3 of 5 366877_1/2031-6 way even at this slightly new location on the Property. Also, Crown Castle seeks a waiver of the landscape strip and buffer requirements of Section 54-6(e). Specifically, the Site and the ground equipment located thereon will be shielded from view from a six-foot (6’) tall wooden slat fence, existing vegetation and new plantings along the southwestern property line adjacent to the existing graveled access road. The Facility meets all other requirements of the Wireless Ordinance. Section 54-7(a)(2) of the Wireless Ordinance provides that concurrent variance requests are appropriate with Crown Castle’s Application, and that these variance requests will be considered by the Mayor and City Council concurrently with the modification request, without regard to any provision of Chapter 64 of the Code of Ordinances of the City of Milton, and only with regard to procedural (advertising) requirements of the Georgia Zoning Procedures Law. Based on this Section of the Wireless Ordinance, Crown Castle is not required to show “hardship” in connection with its concurrent variance requests; instead, so long as Crown Castle has shown that modification will allow a separate wireless carrier to collocate on the Facility and that such collocation would obviate the need for a new wireless telecommunications facility in Milton, then Crown Castle has met its burden with respect to the variance requests. Nevertheless, in accordance with the City Application form requirements, Crown Castle confirms as follows: (1)Relief, if granted in the form of approving the modification and concurrent variances, would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval of this Application serve a number of stated purposes of the Wireless Ordinance including, among others, minimizing the total number of towers and antennas within the City, promoting the joint use of existing tower sites among service providers, and enhancing the ability of providers of wireless communications services to deliver services to the community effectively and efficiently.See Wireless Ordinance § 54-1(1), (8), and (9). (2)There are extraordinary and exceptional conditions pertaining to the Property, the Site and the Existing Facility such that literal or strict application of the Ordinance would create an unnecessary hardship due to size and shape of the Property and caused by the existing location and design of the Existing Facility that do not result from Crown Castle’s or AT&T’s own actions. Most importantly, the structural integrity and limited height of the Existing Facility prohibit AT&T’s collocation. (3)Relief, if granted, would not cause a substantial detriment to the public good or surrounding properties particularly because the Existing Facility has operated, with the existing setbacks and landscaping for a number of years. The modification to allow the Modified Facility, including the increased height and ground equipment space, will have no detrimental impact on any surrounding property owner; instead, it HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 4 of 5 366877_1/2031-6 will allow AT&T to serve its customers working, traveling and going to school in this surrounding area. Frankly, it likely will improve coverage for the other carriers already using the Existing Facility as well. (4)By approving this Application, public safety, health and welfare are secured, and substantial justice will be done. Application Requirements In support of the Application, Crown Castle submits the following items (including the requisite copies) in addition to this Letter of Appeal: (1)Application for Expedited Review Form; (2)Pre-Application Review Form; (3)Elevation Drawings; (4)P.E. Certification; (5)Landscape / Site Plan; (6)P.E. Certification of Structural Capability; (7)$350.00 in fees; and (8)CD containing a PDF of the entire Application and materials. The Application and the accompanying documents support Crown Castle’s request for the Facility permit and comply with all City of Milton zoning requirements.2 Crown Castle 2 Applicant notifies the City of Milton (the “City”) of its constitutional concerns. If the City Council denies the Application in whole or in part, then the Property does not have a reasonable economic use under the Wireless Ordinance. The Application meets the test set out by the Georgia Supreme Court to be used in establishing the constitutional balance between private property rights and zoning and planning as an expression of the government’s police power. See Guhl vs. Holcomb Bridge Road, 238 Ga. 322 (1977). If the City Council denies the Application in whole or in part, such an action will deprive Applicant and Owner of the ability to use the Property in accordance with its highest and best use. Similarly, if the City Council limits its approval of the WTF permit by attaching conditions thereto affecting any portion of the Property or the use thereof, either of such actions being taken without Applicant’s consent, then such action would deprive Applicant and Owner of any reasonable use and development of the Property. Any such action is unconstitutional and will result in a taking of property rights in violation of the just compensation clause of the Constitution of the State of Georgia (see Ga. Const. 1983, Art. I, § 3, para. 1(a)), and the just compensation clause of the Fifth Amendment to the United States Constitution (see U.S. Const. Amend. 5). To the extent that the Wireless Ordinance allows such an action by the City Council, the Wireless Ordinance is unconstitutional. Any such denial or conditional approval would discriminate between Applicant and Owner and owners of similarly situated property in an arbitrary, capricious, unreasonable and unconstitutional manner in violation of Article I, Section I, Paragraph 2 of the Georgia Constitution and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Finally, a denial or a conditional approval of the Application (with conditions not expressly approved by Applicant) would constitute a gross abuse of discretion and an unconstitutional violation Applicant’s rights to substantive and procedural due process as guaranteed by the Georgia Constitution (see Ga. Const. 1983, Art. I, § 1, para. 1) and the Fifth and Fourteenth Amendments of the United States Constitution (see U.S. Const. Amend. 5 and 14). Applicant further challenges the constitutionality and enforceability of the Wireless Ordinance for (i) failure to be properly advertised and adopted under the requirements 366716 New Cingular Wireless Site ID GA 4149 Crown Castle Site Name: BU 874819 / Batesville Road 330 Batesville Road, Milton, Georgia 30004 Demonstration of Collocation Opportunity and Avoidance of New Wireless Telecommunications Tower 1. My name is Lanre Ogun, I am over twenty-one (21) years of age and am competent to testify to the matters stated herein. The statements herein are based upon my personal knowledge. 2. I am a Radio Frequency Engineer with AT&T Mobility which operates as New Cingular Wireless in the metro-Atlanta area (“AT&T”). My responsibilities include designing AT&T’s wireless communications network as well as being the Lead Engineer for the entire Market as well as a Design Engineer for the On-Air and Future Builds we have in the entire state. I have been working in the field of radio frequency (“RF”) planning, performance and optimization of wireless networks for the past 6+ years in other markets outside of the GA Market. 3. I have first-hand knowledge concerning the AT&T network throughout the City of Milton, Georgia. The new site at 330 Batesville Road is required to provide coverage for the areas around the site including SR-372, Roswell-Birmingham Highway, between existing AT&T sites GA4032 (12604 Crabapple Road) and GA6126 (975 Birmingham Highway), and to improve both wireless coverage and capacity in surrounding residential areas where AT&T currently has no or poor coverage and capacity due to lack of facilities. The Main objective oof this ring is to improve the existing Weak/Low coverage West of Alpharetta, GA Near Hwy 372/ Batesville Road, High LSE% as well as the ongoing Customer complaints on in-building Coverage. 4. Specifically, I have prepared and attached hereto as Exhibit A a propagation map reflecting the gaps and areas of insufficient coverage in AT&T’s existing network. As shown on Exhibit A, AT&T has weak coverage in the areas immediately surrounding the site. 5. The location for new wireless facilities is selected based upon a comprehensive analysis of a target geographical area within which the proposed facility should be located in order to meet defined coverage objectives required by AT&T’s network. In analyzing the target geographical with respect to these particular needs, AT&T assessed the following factors: -Aesthetic impact -Compatibility with existing land use & other zoning requirements -Site constructability -Suitability to meet RF propagation objectives -Willingness of landowner to lease land 6. Additionally, when reviewing a target area for the location of new wireless facilities, AT&T first looks to determine whether there are existing towers and structures on which it may collocate its facilities. In 2010, AT&T attempted to collocate upon the existing 150’ stealth designed wireless structure on the site, but was advised by the tower owner, STC TWO LLC (doing business as Crown Castle) (the “Crown Castle Tower”), that the existing structure would not support any additional AT&T Mobility 660 Hembree Parkway Roswell, Georgia 30076 366716 collocations. AT&T reconfirmed that collocation opportunities on the existing tower would not support its antennas. 7. As a result, AT&T attempted to secure another location for a tower facility and, through its vendor American Tower Corporation (“ATC”), secured a lease for property located at 14295 Birmingham Highway (the “Stars Soccer Site”). In early February 2013, AT&T and ATC filed an Application for New Wireless Telecommunication Facilities for a new 140’ tall tower at the Stars Soccer Site. A true and correct copy of the Radio Frequency Propagation and Capacity Study submitted in connection with that Application is attached for reference as Exhibit B. 8. After meetings with the Community and the City of Milton where these parties voiced support for a “drop and swap” (including a height extension and new stealth design), AT&T and ATC withdrew the Stars Soccer Site application and began to pursue this Application. 9. The Crown Castle Tower already has 4 sets of internal antennas, split among T-Mobile, Sprint and Verizon. The Crown Castle Tower is neither structurally capable of sustaining any further collocators, nor is there any available height that would meet AT&T’s radio frequency needs. 10. AT&T has confirmed that if the Crown Castle Tower height was extended to 195’, AT&T’s coverage objectives could be met. Specifically, I have also prepared and attach as Exhibit C a propogation map depicting the coverage with this proposed modification (e.g., a new tower facility at 195’) to the Crown Castle Tower. This Exhibit C clearly illustrates that the proposed modification will alleviate AT&T’s existing coverage deficiencies. 11. The proposed height increase of the Crown Castle Tower will not trigger any new or heightened FAA lighting requirements. 12. There are no other structures within the target geographic area on which AT&T could collocate its antennas. AT&T’s modification of the Crown Castle Tower would obviate the need for a new wireless telecommunications tower in the City of Milton. 13. All of the propagation maps that are attached to this Affidavit were generated with a computer modeling program called Atoll. It takes into account number of variables including terrain, type of clutter (e.g. physical characteristics of an area that can impact and cause significant propagation losses in signal strength such as houses, structures, vegetation, trees and terrain), antenna height, available radio frequency and wireless equipment characteristics, before creating propagation prediction. The various parameters of the RF prediction model include terrain and clutter and are modified to more accurately reflect the actual terrain and topography of the specific location on the radio coverage predictions. In addition to the factors that are not shown on the plot, I reviewed the ability of a wireless cell site facility (WCF) at the location to handle the required call capacity or volume of calls and to provide the extent of data and other services required by AT&T customers. Coverage levels are set to ensure that greater than 95% of the locations in the coverage objective can expect signal strength sufficient to meet the design requirements. In other words, the design for this WCF is to ensure that 95% of the structures in the coverage objective area will receive AT&T service indoors. 366716 13. AT&T uses FCC approved frequencies as follows B band (RX 835-845; TX 880-890), B band (RX 846.50- 849.0 TX 891.50-894), B (RX 704-710; TX 734-740), A3, A4 (RX 1850-1860; TX 1930-1940), C (RX 710-716; TX 740-746), F (RX 1890-1895; TX 1970 – 1975) and C5 (RX 1905-1910; TX 1985-1990). 14. I am submitting this Analysis in support of Crown Castle’s Application for Expedited Review to be submitted to the City of Milton, Georgia. LANRE OGUN 366716 Exhibit A Current Coverage %111111111100 �t�t ATU 5405 Mobility 5405 Windward Pkwy Alpharetta, GA 30004 AT&T GA4149 Bates II 14295 Birmingham Highway, Alpharetta, GA 30004 Propagation and Capacity Study / City of Milton STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me on this 6`h day of December, 2012, the undersigned officer, duly authorized to administer oaths, Mark Cabadin, who declares the following to be true and accurate: 1. My name is Mark Cabadin. I am over twenty-one (21) years of age and am competent to testify to the matters stated herein. The statements in this Affidavit are based upon my personal knowledge. 2. I am a Radio Frequency Engineer with AT&T Mobility ("AT&T"). My responsibilities include designing AT&T's wireless communications network. In 2001, I completed my BS in Electronics and Communications Engineering from Polytechnic University of the Philippines.. I have been working in the field of radio frequency ("RF") planning, performance and optimization of wireless networks for the past 11 years. 3. I have first-hand knowledge concerning the ability of the proposed facility located at 14295 Birmingham Highway, Alpharetta, Georgia, Fulton County (the "Site") to provide wireless coverage for AT&T in the surrounding area. 4. AT&T partners with American Tower Corporation ("ATC") to locate, construct, operate and maintain a wireless facility that supports AT&T's network. 5. The facility proposed by AT&T at the Site is essential to providing wireless services to the public along SR -372, Roswell -Birmingham Highway, between existing AT&T sites GA4032 (12604 Crabapple Rd) and GA6126 (975 Birmingham Hwy), and to improve coverage in surrounding residential areas where AT&T currently has no or poor coverage due to lack of facilities. 6. Specifically, I have prepared and attached hereto (as Exhibit "A") a propagation map reflecting the gaps and areas of insufficient coverage in AT&T's existing network. The Site is designated on Exhibit A as "GAATU4149" near the middle of the map. The desired coverage level for the area is -75dBm or stronger which is depicted as Red. At this level, it is expected the in -building penetration will be strong with consideration to any attenuation caused by the building structure. Yellow (-85dBd) coverage levels are also shown indicating less substantial coverage, with Green and Cyan areas shown for signal strength weaker than that. As shown on Exhibit A, AT&T has weak coverage in the vicinity of the Site and generally is not meeting customer demand in that area. 7. I have also prepared and attach as Exhibit `B" a propagation map depicting the coverage to be provided by the proposed facility at the proposed height of 140'. The desired coverage level for the area is -75dBm or stronger which is depicted as Red. Yellow (-85dBd) coverage levels are also shown indicating less substantial coverage with Green and Cyan areas shown for signal strength weaker than that. This Exhibit `B" clearly illustrates that the proposed facility will alleviate existing coverage deficiencies, allowing AT&T to meet market demand for basic coverage. Market demand is to have -75dBm at the subscriber locations which is the basic coverage indoor. 8. I have attached Exhibit "C", a propagation map depicting the coverage that would be provided if the facility were constructed at height of only 100'. This Exhibit "C" illustrates that the proposed facility would provide less than adequate coverage at a height lower than the proposed 140'. At 140', the facility is designed to accommodate four (4) wireless carriers at elevations less than the height of the tower. Based on the information available to me it is my opinion that the proposed height of 140' is the minimum height necessary to meet AT&T's coverage requirements, while also allowing for the accommodation of additional future wireless carriers as required by the City of Milton's wireless telecommunications facilities ordinance. 9. All of the propagation maps that are attached to this Affidavit were generated with a computer modeling program called Atoll. It takes into account number of variables including terrain, type of clutter (e.g. physical characteristics of an area that can impact and cause significant propagation losses in signal strength such as houses, structures, vegetation, trees and terrain), antenna height, available radio frequency and wireless equipment characteristics, before creating propagation prediction. The various parameters of the RF prediction model include terrain and clutter and are modified to more accurately reflect the actual terrain and topography of the specific location on the radio coverage predictions. In addition to the factors that are not shown on the plot, I reviewed the ability of a wireless cell site facility (WCF) at the location to handle the required call capacity or volume of calls and to provide the extent of data and other services required by AT&T customers. Coverage levels are set to ensure that greater than 95% of the locations in the coverage objective can expect signal strength sufficient to meet the design requirements. In other words, the design for this WCF is to ensure that 95% of the residential structures in the coverage objective area will receive AT&T service indoors. As shown by Exhibit C, lower antenna heights were considered, but did not adequately meet the coverage objectives. Further analysis revealed that the best choice for the location of the WCF is the Site, which meets RF propagation objectives, and provides a location compatible with surrounding land uses. 10. AT&T uses FCC approved frequencies as follows B band (RX 835-845; TX 880-890), B' band (RX 846.50- 849.0 TX 891.50-894), B (RX 704-710; TX 734-740), A3, A4 (RX 1850- 1860; TX 1930-1940), C (RX 710-716; TX 740-746), F (RX 1890-1895; TX 1970 —1975) and C5 (RX 1905-1910; TX 1985-1990). 11. The proposed location for the tower was selected based upon a comprehensive analysis of a target geographical area which the proposed facility should be located in order to meet defined coverage objectives required by AT&T's network. In analyzing the geographical area to select the proposed Site, AT&T and ATC assessed the following factors: - Aesthetic impact - Compatibility with existing land use & other zoning requirements - Site constructability - Suitability to meet RF propagation objectives - Willingness of landowner to lease land 12. Generally, AT&T first looks to determine whether there are existing structures on which it may collocate its facilities. We were unable to find any towers or other structures on which to locate, such as water tanks or existing buildings which would meet the engineering and coverage requirements. Further the use of alternative technologies such as microcells would be incompatible and /or insufficient for service and/or integration with AT&T's existing network. 13. Included in its search for existing structures upon which AT&T may collocate its facilities are existing towers. Towers in the general vicinity of the area in which AT&T needs coverage are shown on Exhibit "D". The nearest tower is owned by Crown Castle, and located at 330 Batesville Rd, Alpharetta, GA which is approximately 3500 feet from the proposed tower location at the Site. AT&T attempted to collocate on this tower in 2010, by virtue of a height extension, but based on the structural analysis conducted by Crown, tower is failing which means it cannot hold the proposed load that AT&T requires. Since then, AT&T has continually sought collocation on this tower, but as recently as October 2012, has confirmed that there is no available space for collocation on the Crown Castle tower. 14. Exhibit "E" shows that sites where AT&T has antenna mounted and in service within the City of Milton. Please refer to AT&T tower inventory list which is included in the submittal package for detailed information. 15. The location of the proposed tower is also dictated by non -radio frequency factors including the willingness of landowners to lease space for a wireless facility, compatibility with surrounding land use, and factors such as zoning classification and setbacks. See attached Exhibit "F" zoning map identifying properties within the general geographic area in which AT&T needs a facility. A review of these properties reveals that this is the only property suitable to meet setbacks and otherwise comply with Milton's ordinance. 16. The analysis revealed that the best choice for the location of the facility is the proposed site, which meets RF propagation objectives, and provides a location compatible with surrounding land use. 17. Wireless systems are expanded or introduced in a given area to improve service to customers. There are typically three reasons to add a new facility: extending coverage to new areas, increasing the capacity of the system within the current service area, or improving quality. Some sites do all three. Coverage: Coverage can be defined as having a certain level of signal strength in a particular area. AT&T's target is to provide —75dBm of signal strength to our customers in all areas. This level of coverage guarantees reliable signal strength inside buildings to provide excellent voice quality in residential neighborhoods and commercial areas. In today's competitive marketplace, AT&T requires adequate coverage to be competitive and to fulfill our responsibilities under our FCC license. Existing and proposed coverage is demonstrated by use of propagation maps and drive test data. The propagation maps are computer simulations of wireless signal coverage in a given area. One map shows the predicted coverage as it exists without the proposed facility. The other map shows predicted coverage with the proposed facility in place. Propagation maps showing RF coverage in the subject service area with and without the proposed antennas are included in the application documents. Capacity: Capacity is the number of calls that can be handled by a particular antenna site. When we make phone calls, our mobile phones communicate with a nearby antenna site that then connects to land based phone lines. Ongoing phone calls occupy the resources of the serving site, which can handle only a limited number of calls. When a particular antenna site is handling a sufficient number of calls the available radio frequency (RF) channels assigned to that site are used up. When this occurs, the wireless phone user will be unable to place a call from his or her phone. For AT&T's specific technology, typical sites with 3 antennas can handle approximately 150 calls at any given time. The maximum capacity of each antenna is equivalent to approximately 50 people calling continuously over an hour. The engineering term for this measurement of capacity is 50 Erlangs. The call traffic of antenna sites is continuously monitored and analyzed so that overloading of sites is prevented. Careful projection allows sufficient lead time to design, permit, and construct the wireless facility prior to exceeding the capacity of surrounding sites. Capacity cell sites are typically required in areas that currently have sufficient coverage. The objective for a capacity site is to handle increased call volume rather than increase the size of a coverage area. Interference: In areas with good coverage, phone calls may still have poor quality that the caller hears as warbled voices or temporary loss of communication. This is often caused by interference. Wireless telephone systems reuse specific radio frequencies at different cell antenna locations. When frequencies are reused at nearby sites, interference may result. Engineers work to achieve the most efficient use of limited frequency resources and reduce interference. Unfortunately, there are still areas where interference is nearly unavoidable. This typically occurs in areas where one antenna site is having trouble handing off calls to another. On a freeway or busy roadway (like Georgia 400), for example, the network juggles a call between competing antenna sites seeking to find the best one. When this occurs, the solution is often to locate a new antenna site as close to the location where the bad handoff is occurring. Interference is documented by measuring received call quality (RxQual) during a drive test similar to that performed to measure coverage. RxQual is a measurement of digital data (voice signal) lost as the result of poor. communication between adjacent cell sites. Drive test maps demonstrate the RxQual without the proposed cell site, see Exhibit "H". Green (0 to -10) means excellent with best call quality. Cyan (42 to — 10) which is acceptable, calls can be made at a better call quality. Yellow (45 to -12) is marginal whereas calls can be made at a marginal level with a possible call dragged. Red (-20 to -15) means no coverage. 18. I am submitting this Affidavit in support of American Tower's Application for a Telecommunications Facility Permit to be submitted to the City of Milton, Georgia. FURTHER AFFIANT SAITH NOT. Sworn to and subscribed before me this day of December, 2012. Mark Ca din Notary P 5•• M�ss10 F�•� ••...+: Q '. 00 C7 i".y• AEA14.`L0�p�. 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R • �: -�,- cii►'4' FI+k �1DIT�IG dw} f h Rd r A�'p i r ♦♦ oc - ' _ $ ih No Text No Text 366716 Exhibit C Coverage at 190’ on new Crown Castle Tower REr,-""cn 0 1 g 2w3 GI -.`t ur'o1,,iOpM>irNT ,COtNtMDIy1 DEyEI.O Attn: City of Milton, GA Reference: STC TWO LLC (d/b/a Crown Castle USA) Site ID: 874819 (Batesville) / AT&T GA 4149 Site Address: 300 Batesville Road (Site Address 330 Batesville Road) Subject: City of Milton, GA Ordinance, Chapter 54 Telecommunications, Sec. 54-6 General Requirements, items 54-6(c)(6). To Whom It May Concern: In accordance with Ordinance Section 54-6(c)(6), the undersigned certifies that the modification of the wireless telecommunications facility is designed and will be constructed to meet all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices q,[ the National Association of Tower Erectors. Print Name: fACe�k ev nAJVL S- AA" - , 4> C Fitle: GC- U [Affix GA F X. V Jr Na. 23000 PROFESSIONAL V E I'1 G I M E E R S ECTOR Project Number: R1223-233-131 November 4, 2013 Larson Camouflage, LLC 1501 S. Euclid Ave. Tucson, AZ 85713 ATTENTION: Layla Anderson RECFwFO St Ov l 9 203 UTAH OFFICES Sandy Layton George N � - "„ ► E 00 tA01 COMM�N��Y oEv REFERENCE: Quote #3645 (Monopine at 330 Batesville Rd, Alpharetta, GA 30004) Design Criteria Dear Ms. Anderson: Per your request, we have provided a preliminary design for the above -referenced site (attached). The final design will be based on the following standards and design criteria: • 2006 International Building Code • TIA-222-G • Wind Parameters: 0 90 mph (3 -sec gust) o Exposure C o Structure class II o Topographic category 1 0 3/4" design ice thickness with concurrent 30 mph wind speed (3 -sec gust) 0 60 mph service wind speed (used to check service -level deflection limits) • 5 carriers at the elevations listed on the attached preliminary design summary In the unlikely event that rupture does occur, it is understood that a 50'-0" fall radius has been requested for this site. The top 50'-0" section will be designed such that the maximum combined stress ratio is more than 20% greater than the maximum stress ratio in all other sections along with the base plate, and anchorage. Thus, the pole will be designed for a 50'-0" fall zone radius. We hope this meets your needs. If you have any further questions regarding this matter, please call this office at your convenience. Very truly yours, VECTOR STRUCTURAL ENGINEERING, LLC Roger T. Alworth, S.E. Principal RTA/kaw Enclosure 9138 S State St. Suite 101 1 Sandy, UT 840701 T (801) 990-17751 F (801) 990-1776 1 www.vectorse.com BASEPLATE: 94.5'' O.D. x 30'' I.D. x 3'' THICK (ASTM A572 GR. 50) ANCHOR BOLTS: (44) 2'' DIA. ON 89'' B.C. (ASTM F1554 GR.105) PRELIMINARY DESIGN NOT FOR FABRICATION Vector Engineering 9138 S. State St. Ste 101 Sandy UT 84070 Phone: (801) 990-1775 FAX: (801) 990-1776 Job: 3645 Project: R1223-233-131 Client: Larson Camouflage Drawn by: kwilson App'd: Code: TIA-222-G Date: 11/04/13 Scale: NTS Path: N:\2013 Projects\U1223 Larson Camouflage\Prelims\R1223-233-131 3645 (GA 195' Monopine, G)\ENG\TOWER\3645.eri Dwg No. E-1 190.0 ft 140.0 ft 112.9 ft 74.9 ft 33.3 ft 1.0 ft REACTIONS - 90 mph WIND 111519 lb SHEAR 14632780 lb-ft MOMENT 130436 lb AXIAL 30 mph WIND - 0.7500 in ICE 9650 lb SHEAR 1216975 lb-ft MOMENT 171162 lb AXIAL ARE FACTORED ALL REACTIONS Section12345 Length (ft)50.0033.0045.0050.0042.34 Number of Sides1818181818 Thickness (in)0.21880.37500.50000.62500.7500 Socket Length (ft)5.927.008.4210.00 Top Dia (in)28.000040.786547.836557.810568.5605 Bot Dia (in)43.000050.686561.336572.810581.2625 GradeA572-65 Weight (lb)4167.86062.813143.621832.325435.170641.5 Top Hat with (3) 4 ft, and (1) 6 ft branches 192.5 Crown Castle 147.3 sq. ft 190 Crown Castle 147.3 sq. ft 180 (72) 4 ft branches 178.3 Crown Castle 147.3 sq. ft 170 Crown Castle 147.3 sq. ft 160 (78) 6 ft branches 153.8 Crown Castle 147.3 sq. ft 150 (78) 6 ft branches 128.4 (96) 8 ft branches 100.1 (50) 10 ft branches 76.3 (25) 12 ft branches 64.1DESIGNED APPURTENANCE LOADING TYPE TYPEELEVATION ELEVATION Top Hat with (3) 4 ft, and (1) 6 ft branches 192.5 Crown Castle 147.3 sq. ft 190 Crown Castle 147.3 sq. ft 180 (72) 4 ft branches 178.3 Crown Castle 147.3 sq. ft 170 Crown Castle 147.3 sq. ft 160 (78) 6 ft branches 153.8 Crown Castle 147.3 sq. ft 150 (78) 6 ft branches 128.4 (96) 8 ft branches 100.1 (50) 10 ft branches 76.3 (25) 12 ft branches 64.1 MATERIAL STRENGTH GRADE GRADEFy FyFu Fu A572-65 65 ksi 80 ksi TOWER DESIGN NOTES 1. Tower is located in Fulton County, Georgia. 2. Tower designed for Exposure C to the TIA-222-G Standard. 3. Tower designed for a 90 mph basic wind in accordance with the TIA-222-G Standard. 4. Tower is also designed for a 30 mph basic wind with 0.75 in ice. Ice is considered to increase in thickness with height. 5. Deflections are based upon a 60 mph wind. 6. Tower Structure Class II. 7. Topographic Category 1 with Crest Height of 0.00 ft 8. TOWER RATING: 97.7% Top Flange Dim: 35 1/4" O.D. x 28" flat to flat w/ (18) 1-1/4" Dia. A325 bolts on 31-3/4" B.C. za EXI5TING DENSE NATURAL SCREENING THIS SIDE (TYP) PROP05ED GROWN 50%50' LEASE AREA EXPANSION. SEE SURVEY FOR DETAIL5. PPOP05ED GROWN 48'x49' FENCED GRAVELED COMPOUND EXPANSION PROP05ED b' TALL WOOD SLAT FENCE (TYP) EXISTING DENSE NATURAL 5CREENING TH15 SIDE (TYP) *q'—II' PROPOSED ATdT 12'-05x24'-0 EQUIPMENT AREA WITH II' -5'x20' -O" SHELTER AND 5" DIESEL GENERATOR PORCH PROP05ED ATIT 4'x4' TELCO CABINET ATTACHED TO SHELTER WALL PROPOSED AT$T GABLE 5LACK13OX ATTACHED TO ICE BRIDGE PROPOSED ATdT ICE BRIDGE PROP05ED GROWN 145' REPLACEMENT MONOPINE TOWER (TYP) "A-TI-TERMT INILIIY FRAhf N EXISTING GROWN 20'—\ ACCESS EASEMENT (TYP) Q �OHoSED PR F12' GATE -J GRAPHIG 5GALE5 5GALE: I" = IQ' PROFOND 12' WIDE 6RA%TJ-ED A66E55 FdOAD 15YP) I 1 I` I 1 I ' lI EXISTING DENSE NATURAL SCREENING THIS 51DE (TYP) 1P4POSEO VERMM WE aRvm EXTaOH EKBY146 TS E fl -FRAME 1 L2I Ta* UrUT{ P120POSM T -MOBILE ICE BRIDGE EXTEN51G4 EXI5TIN6 GR" 6RAVEL PROPOSED PLANTED WIVENAY LAN05GAPING SCREENING INSTALLED AT APPROXIMATELY 10' ON CENTER. SPECIES TO BE COORDINATED WITH THE .11JRI5DIGTION AR5ORI5T (TYP) DETAILED 51TE PLAN 5GALE I' = 10 -(7' (TO REMAIN I i 1 1 EXISTING 1 T -MOBILE ` EQUIPMENT I PAD 1 (TO REMAIN I k I EXL9T1►�, UTtiLIR1E3 � I 5TRUGTURAL NOTE: THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MNIMUM OF 5 CARRIERS ANTENNAS AND RELATED EQUIPMENT. P* 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678-280-2325 V� glsKmu. AJD wb+v AJE3 [ADM Pyq" ne j: GGATt001 Cm2 EXI5TING b' TALL WOOD o 5LAT FENCE ` EXISTING SPRINT I � H -FRAME I E?CISTiNG GROfW 5O x50 EXISTING FENCE SECTION Ex,351M6 LEASE AREA. SEE RRVEY TO BE REMOVED (TYP) VERIZON FOR DETAIL5. I>c;fNr EXISTING LT SPRINT (TO Rt14A7Ml� I EQUIPMENT PAD (TO P.EMAIW i F�15YIN6 IIATiIRI�1 5GRW�1N6 THIS 51DE (mi PROP05ED SPRINT ICE BRIDGE EXTENSION EX15TaNS TOPER (TO ec RemovrV EX15TINO DUKENET EQUIPMENT CABINET 1P4POSEO VERMM WE aRvm EXTaOH EKBY146 TS E fl -FRAME 1 L2I Ta* UrUT{ P120POSM T -MOBILE ICE BRIDGE EXTEN51G4 EXI5TIN6 GR" 6RAVEL PROPOSED PLANTED WIVENAY LAN05GAPING SCREENING INSTALLED AT APPROXIMATELY 10' ON CENTER. SPECIES TO BE COORDINATED WITH THE .11JRI5DIGTION AR5ORI5T (TYP) DETAILED 51TE PLAN 5GALE I' = 10 -(7' (TO REMAIN I i 1 1 EXISTING 1 T -MOBILE ` EQUIPMENT I PAD 1 (TO REMAIN I k I EXL9T1►�, UTtiLIR1E3 � I 5TRUGTURAL NOTE: THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MNIMUM OF 5 CARRIERS ANTENNAS AND RELATED EQUIPMENT. P* 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678-280-2325 V� glsKmu. AJD wb+v AJE3 [ADM Pyq" ne j: GGATt001 Cm2 LOCATION MAP NAME / SIGNATURE Dc^L ` r • .`; .. siv'� { .Gey^ ..}_ � * 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" hL4a11! 11CN�'l'-�.._` -+titin �UMI• bi ! 'r ayeimdl*and ;�a . .«...t ':NwMr ACN90ti• M a'tiiae a •Linz,' '%� •�"" �^_.};-� aen O L:S! Rpsv/e�`t i s Debi, isnfrfoK - _ heof '•... _ '.3 {'•• .. • y J- ' f Wnn •oi!7ur:�e.a _ .•k 'WR'^.�,i,,`�'y�tl0rtae~. OOCt�tf `:!' '- I.n3, sJ1+ t` Mae •t.. l;, 1 1 asci ALPHARETTA, GA 30004 Gi 110-442-61351 .I 7' F.I w 9pHAfHQo • rnoro fir'•..•, rRj'q'+ �4� \ r J............ . • P • a, 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE pp VICINITY MAP NAME / SIGNATURE DATE t� -ATITUDE: 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" ELEVATION: ZONING / PERMITTING AGENT JJR150IGTION: CITY OF MILTON M E MANAGER TM 22 380001350182 C uivny i. GON5TRUGTION MANAGER PARCEL ZONING: AG -1 RF ENGINEER `` 1— 330 BATESVILLE ROAD ALPHARETTA, GA 30004 110-442-61351 CARRIER: AT&T oEs+Ea AJB 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE DRIVE DIRECTIONS FROM THE GROWN GA5TLE OFFIGE IN ALPHARETTA GA.- TAKE A:TAKE WINDWARD PKWY WE5T TO GUMMING HNY. TURN LEFT ON GUMMING HNY AND FOLLOW TO MAYFIELD ROAD. TURN RIGHT ON MAYFIELD ROAD AND FOLLOW TO PROVIDENGE ROAD. TURN RIGHT ON PROVIDENGE ROAD AND FOLLOW TO BIRMINGHAM HNY. TURN RIGHT ON BIRMINGHAM HNY AND FOLLOW TO BATE5VILLE ROAD. TURN LEFT ON BATE5VILLE ROAD AND FOLLOW OS MILES TO THE TONER AGGE55 ROAD ON THE RIGHT SIDE. DEPARTMENT NAME / SIGNATURE DATE LAND OWNER / TOWER OWNER -ATITUDE: 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" ELEVATION: ZONING / PERMITTING AGENT JJR150IGTION: CITY OF MILTON M E MANAGER TM 22 380001350182 PARCEL 51ZE: GON5TRUGTION MANAGER PARCEL ZONING: AG -1 RF ENGINEER KENDAL L. BOWEN PREPARED FOR: CCA0yyE BU874819 / BATESVILLE ROAD PROJECT DESCRIPTION: PROPOSED 195 FT. MONOPINE TOWER DROP & SWAP REPLACEMENT OF AN EXISTING 150 FT. STEALTH UNIPOLE TOWER C t&t AT&T SITE NAME: BATES II / GA4149 AT&T FIXED ASSET NUMBER: 10131681 AT&T PROJECT: NSB PROJECT INFORMATION 51TE ADDRE55: 300 BATESVILLE ROAD MILTON, GA 30004 -ATITUDE: 34° OT 44.08" LONGITUDE: -840 21' OO.ga" ELEVATION: II08.0' AM5L JJR150IGTION: CITY OF MILTON PARGEL I.D.: TM 22 380001350182 PARCEL 51ZE: 0.12 ACRES PARCEL ZONING: AG -1 LAND OWNER: KENDAL L. BOWEN 330 BATESVILLE ROAD ALPHARETTA, GA 30004 110-442-61351 CARRIER: AT&T oEs+Ea AJB 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE DEVELOPER 2000 CORPORATE DRIVE GANON55UR6, PA 15311 MARY 6UY / ROB WILLIAM5 813-342-3850 / 110-331-0156 ENGINEER: PM$A 30 MANSELL COURT, SUITE 103 ROSNELL, 6A 30016 PATRICK W MARSHALL, P.E. 618-280-2325 POWER: 5AWNEE EMG TELCO: ATdT DRAWING INDEX T -I TITLE SHEET 3 PROJECT INFORMATION SURVEY G -I OVERALL 51TE PLAN G-2 DETAILED SITE PLAN G-3 TONER ELEVATION d DETAILS G-4 WOOD SLAT FENGE DETAILS 9E CALL BEFORE YOU DIG GEORGIA ONE -CALL 811 http://www.gaupc.com/ P.9 30 MANSEIL CT SUITE 103 ROWELL, GA 30076 678-280.2325 a w ly p� D6 E2222 RQQoa ui T-1 Z O od a W —I W CC Lu 0J _ {L Z W � ~ W H cc a t✓ o oEs+Ea AJB DWI: AJB CHECKED: PWM JOB t: GGATLOOI T-1 LINE BEARING DISTANCE Ll N 37 5347" W 20.81' L2 N 3674'32" E 42.63' L3 N 542645" E 24.23' L4 N 33 08 31 " W 7.00' L5 N 33'08'31 " W 50.00' L6 N 5651'29" E 50.00' L7 N 5651'29" E 50.00' L8 S 33'08'31 " E 50.00' L9 S 565129" W 50.00' L10 N 33'08'31 " W 50.00' L11 S 330831 " E 50.00' L12 S 5651'29" W 50.00' L 13 S 33'08'31 " E 28.02' L14 S 3672 50" W 43.79' L15 N 56 51 '29" E 50.00' L16 N 56'51'29- E 50.00' TM 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A RBS = #4 REBAR SET RBF = #4 REBAR FOUND FC = METAL FENCE CORNER OTPF = OPEN TOP PIPE FOUND THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA ACCORDING TO F.I.A. FLOOD MAP 13121CO013F DATED 9-18-2013 N 5872'46" E 255.42' N SITE R� s GP c, VICINITY MAP NOT TO SCALE \.• E \9j01' EXISTING TOWER LEGEND PARENT TRACT INFORMATION LAT: 34°07'44.22" :RECORD DESCRIPTION DATA. COMPILED FROM DEED DESCRIPTIONS PROPOSED TOWER LON:84'21'00.77" P.O.B. :POINT OF BEGINNING. ANS COUNTY GIS LAT: 34'07'44.09" P.O.C. :POINT OF COMMENCEMENT. LON:84'21'00.99" GROUND ELEV. = 1011.0' TiN 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A a — X—: FENCE AS NOTED. - - - - _ _ GROUND ELEV. = 1011.0' TOP TOWER ELEV. = 1161.0 OH—'OVER HEAD UTILITY LINES // /- - - - - - - - - 150' TOWER ON 1.0' ON CONCRETE BASE :WOOD UTILITY POLE. / / — —GRA SEL - - °----___ FEEI :ELECTRIC TRANSFORMER. ❑T :TELCO PEDESTAL. WM :WATER METER. / / `\ ^^�\ _ EXISTING LEASE :CABLE TELEVISION / / / / M\ 2500 S.F. U) :POWER POLE / LEASE ADDITION ` -""`__ ���*�_-_ cA / ' �M i - V C L : CENTERLINE 2500 S.F. ` \"i p TEL : TELCO BOX / / TM 22 380007350192 ��_-----' --- _L7___ --- -' \ � rn 11 R/W :RIGHT—OF—WAY / KENDALL L. BOWEN RB- �\ L6 _R�s - L -- --� �� ___107..0 m DB 32194, PG 342 --- --- -- / / ZONED NOT LISTED - ---\ ---� I 4ft\ Do EXIS lNG 20' ACCESS & UTILITY EASEMENT, / / 0.19 Acres P Sq. Feet - /10.4 N 6146'01 " E 10 W:102 RBF - N 58 39'55" E 96.95' ,. ;\06---- _ / ALT ROAD —------------ - \- / ASP - - / - - - _ _ WAY -GRAVEL _ ------ - \_ ------ Tic, -��J6-5029" W S 6146101" ———— - — CTV / AREA TABLE SQUARE FEET ACRE 0 PARENT TRACT 99,279 2.28 © EXISTING TOWER LEASE 2,500 0.06 © TOWER COMPOUND 2,361 0.05 �D ACCESS UTILITY LEASE 8,225 0.19 0 ADDITIONAL TOWER LEASE 2,500 0.06 TOWER LEASE 5,000 0.12 RBS = #4 REBAR SET RBF = #4 REBAR FOUND FC = METAL FENCE CORNER OTPF = OPEN TOP PIPE FOUND THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA ACCORDING TO F.I.A. FLOOD MAP 13121CO013F DATED 9-18-2013 N 5872'46" E 255.42' N SITE R� s GP c, VICINITY MAP NOT TO SCALE \.• E \9j01' EXISTING TOWER LEGEND PARENT TRACT INFORMATION LAT: 34°07'44.22" :RECORD DESCRIPTION DATA. COMPILED FROM DEED DESCRIPTIONS PROPOSED TOWER LON:84'21'00.77" P.O.B. :POINT OF BEGINNING. ANS COUNTY GIS LAT: 34'07'44.09" P.O.C. :POINT OF COMMENCEMENT. LON:84'21'00.99" GROUND ELEV. = 1011.0' TiN 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A a — X—: FENCE AS NOTED. - - - - _ _ GROUND ELEV. = 1011.0' TOP TOWER ELEV. = 1161.0 OH—'OVER HEAD UTILITY LINES // /- - - - - - - - - 150' TOWER ON 1.0' ON CONCRETE BASE :WOOD UTILITY POLE. / / — —GRA SEL - - °----___ FEEI :ELECTRIC TRANSFORMER. ❑T :TELCO PEDESTAL. WM :WATER METER. / / `\ ^^�\ _ EXISTING LEASE :CABLE TELEVISION / / / / M\ 2500 S.F. U) :POWER POLE / LEASE ADDITION ` -""`__ ���*�_-_ cA / ' �M i - V C L : CENTERLINE 2500 S.F. ` \"i p TEL : TELCO BOX / / TM 22 380007350192 ��_-----' --- _L7___ --- -' \ � rn 11 R/W :RIGHT—OF—WAY / KENDALL L. BOWEN RB- �\ L6 _R�s - L -- --� �� ___107..0 m DB 32194, PG 342 --- --- -- / / ZONED NOT LISTED - ---\ ---� I 4ft\ Do EXIS lNG 20' ACCESS & UTILITY EASEMENT, / / 0.19 Acres P Sq. Feet - /10.4 N 6146'01 " E 10 W:102 RBF - N 58 39'55" E 96.95' ,. ;\06---- _ / ALT ROAD —------------ - \- / ASP - - / - - - _ _ WAY -GRAVEL _ ------ - \_ ------ Tic, -��J6-5029" W S 6146101" ———— - — CTV / / 4 L1 W 103.55' " 124.47 S 5839 55 W 97.86 0 S 5874'37" W 480.18' THE FIELD DATA UPON WHICH THIS PLAT N N 2 O IS BASED HAS A CLOSURE PRECISION OF 23,990 0� JtJ 6� 5 h O U ONE FOOT IN FEET, AND ANTAM 22 380007360423 N W Ct ANGULAR ERROR OF 0-00-03 PER ANGLE POINT AND WAS ADJUSTED USING THE BATESVILLE ROAD INVESTORS (It� G J 3 J COMPASS RULE. Z m THIS PLAT HAS BEEN CALCULATED U Q O O BECLOSURE ACCURATEWITHIN ONIS E UND O E FOOTIN O p,� m O 435,009 FEET. 8P CLS POB EXISTING LEASE & ADDITIONAL LEASE TM 22 380007360274 BATESWLLE ROAD INVESTORS 40 0 40 80 GRAPHIC SCALE 1" = 40' AS -BUILT SURVEY LL 736, 2ND DISTRICT, 2ND SECTION ALPHARETTA GEORGIA FOR: CROWN CASTLE SITE: BATESVILLE BUN: 874819 ADDRESS: 330 BATESVILLE ROAD ALPHARETTA, GA. 30004 FULTON COUNTY 000 CAgwE 3530 TORINGDON WAY, SUITE 300, CHARLOTTE, NC 28277 NATIONAL SURVEY SERVICES COORDINATION BY: GEOLINE SURVEYING, INC. 13430 NW 104th Terrace, Suite A, Alachua, FL 32615 Office:(386) 418-0500 Fax:(386) 462-9986 WWW.GEOLINEINC.COM SURVEY (YORK PERFORMED BY: William R. Gore PROFESSIONAL LAND SURVEYORS, INC. 804 CENTRAL AVE AUGUSTA, GEORGIA 30904 TEL: (706) 738-8771 FAX: (706) 736-6249 DRAWN BY: WRG NECKED BY: WRG JOB #: SURVEYOR'S NOTES 1. BASIS OF BEARING GEODETIC NORTH 2. NO SUBSURFACE INVESTIGATION WAS PERFORMED TO LOCATE UNDERGROUND UTILITIES. UTILITIES SHOWN HEREON ARE LIMITED TO AND ARE PER OBSERVED EVIDENCE ONLY. 3. THIS SURVEY DOES NOT REPRESENT A BOUNDARY SURVEY OF THE PARENT PARCEL. 4. ALL VISIBLE TOWER EQUIPMENT AND IMPROVEMENTS ARE CONTAINED WITHIN THE DESCRIBED AREA. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY TO CROWN CASTLE AND FIDELITY NATIONAL TITLE INSURANCE COMPANY WILLIAM R. GORE PROFESSIONAL LAND UR EYING WILLIAM R. GORE LAND SURVEYOR — GA. 2502 Date: 09-20-2013 G�0RG�q I�� s rFRF0 No. 2502 !yj<gN0 SUF O SAM R. G SHEET 1 OF 3 12'-O' WIDE DOUBLE SWING GATE NOTE. BARBED WIRE OPTIONAL PER TOWER OWNER AND JURISDICTIONAL REQUIREMENTS (TYP) FENCE NOTES: I. ALL WOOD MATERIALS SHALL BE PRESSURE TREATED NO. 2 SOUTHERN YELLON PINE OR BETTER STRUCTURAL GRADE. FENCE SLAT BOARDS SHALL BE 6'-0" WITH CHAMFERED EDGE. 2. ALL STRUCTURAL FRAMING SHALL BE ATTACHED WITH Vol? GALVANIZED RIBBED SHANK HAILS OR 3" GALVANIZED FRAMING 5GREN6 - 2 MINIMUM PER CONNECTION. 3. ALL FENCE SLAT BOARDS SHALL BE ATTACHED TO SUPPORTING STRUCTURAL MEMBERS KITH N8, NIO OR 80 GALVANIZED RIBBED SHANK NAILS - 2 MINIMUM PER CONNECTION. 4, LINE P05T5 SHALL BE SPACED EQUIDISTANT, BUT NOT MORE THAN 10'-O' ON CENTER. 5, FOUNDATIONS ARE DE516NEO TO EMBED INTO TYPICAL 501LS INCLUDING COMPACTED COARSE SAND, MEDIUM STIFF CLAY, OR HARD DENSE CLAY. THE SOIL TYPE SHALL BE VERIFIED PRIOR TO CONSTRUCTION. IF UNUSUAL CONDITIONS ARE FOUND TO EXIST, THE ENGINEER SHALL BE NOTIFIED PRIOR TO CONSTRUCTION. 6, INSTALLER TO PROVIDE A LOCKABLE GATE LATCH KITH COMBINATION LOCK ON THE ACTIVE DOOR. COORDINATE WITH THE CONSTRUCTION MANAGER FOR GROWN LOCK COMBINATION. ALL GATE HARDWARE SHALL BE PRE56ED STEEL OR MALLEABLE GA5TING PER ASTM A153 AND TREATED TO RE515T CORROSION. HARDWARE V151BLE FROM OUTSIDE THE FENCE SHALL BE PAINTED BLACK. 8. REFER TO 51TE PLAN FOR FENCE PAINTING INSTRUCTIONS. A. REFER TO 517E PLAN FOR GATE LOCATION. 10. FENCE DETAILS 5HOPAI ABOVE ARE TYPICAL AND SHALL APPLY TO 51MILAR CONSTRUCTION APPLICATIONS WHETHER SPECIFICALLY STATED OR NOT ON THE 517E PLAN. II. 517E SPECIFIC CONDITIONS MAY REQUIRE SLIGHT ADJU5TMENT5 TO THE DETAILS 5HOM. CONSULT THE ENGINEER IF UNUSUAL CONDITIONS ARE FOUND TO EX15T. wso:10 : uK 0Kl a0Alu:l- 2500 P51 CAST -IN-PLACE CONCRETE P05T FOOTING (TYP) DETAIL5 VIEWED FROM INTERIOR DOG—EARED 5TYLE WOOD FENGE DETAILS NOT TO SCALE STANDARD PRECAST FENCEP05T GAP (TYP) STANDARD BARBED HIRE TENSION CLAMP (TYP) STANDARD 1-1/2' DIA. FENCE LINE P05T ATTACHED KITH ° 3'x3"0/16" PLATE ATTACHED WITH (4) 80 RIBBED SHANK NAILS. ip a PROVIDE (1) AT EACH LINE AND CORNER P05T AND REQUIRED GATE LOCATIONS (TYP) PIPE TO `t TYP. PLATE SLAT BOAR05— FENGE FRAMING (TYP) (TYP) NOTE: THE FENCE CONTRACTOR MAY SUBSTITUTE AND EQUIVALENT 5Y5TEM FOR ATTACHING THE BARBED WIRE TO THE WOOD SLAT FENCE. 3 RONS OF CLA55 III GALVANIZED BARB WIRE (TYP. EACH DIRECTION) BARBED WIRE ATTACHMENT DETAIL NOT TO 5( -ALE BARBWIRE (OPTIONAL) AS REQUIRED PER LOCAL J)RISTIGTION SEE DETAIL BELOW — CONTINUOUS 2x6 5TRONG5AGK BRAGIN6 ALONG TOP OF P05T5 (TYP) TOP OF FENCE TOP OF PO5T/2x4 CONTINUOUS 2x4 5TRONG5ACK BRACING (TYP. x 3 VERTICALLY) fE OF 2x4 BOTTOM OF 2x4 pv'-A 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678.280.2325 5o DEsmot. AJB DNAWN: AJB CHECKED: PWM joe t: GGATLOOI C-4 FOR A COMPLETE DESCRIPTION OF THE PROPOSED KIANOTE: p TONER REFERENCE THE TONER 5TRUGTURAL AND 30 MANSELL CTS FABRICATION DRAWINGBY OTHERS. SUITE 103 ROSWELL, GA 30076 PROP05ED LIGHTNING 678-280-2325 ROD (TYP) �} TI —t4 PROP05ED ATdT TOWER TOP EQUIPMENT. SEE DETAIL AT RIGHT FOR ADDITIONAL PROPOSED ATdT NC5 RAYGAP DG6-48-i0-0-8F SURGE 5OPPRE55M PROP05ED (3) ATdT ERICSSON KRGI18162-1 ANTENNAS FOR WC5 INFORMATION (TYP) (TYP. OF I TOTAL) AT POSITION 4 (TYP. - I PER SECTOR) EXISTING SPRINT ANTENNAS PROPOSED (3) ATdT ERICSSON KRCII8054-1 ANTENNAS FOR f RELOCATED TO NEW TONER LTE AT POSITION I t PROP05ED (3) ATdT KATHREIN AT 180 FT. Ab.L. RAD CENTER ," (TYP. - I PER SECTOR) IL O 5BNH-ID6565G ANTENNAS FOR � UMT5 AT POSITION 5 LTE I NCS UMT5 (TYP. - I PER SECTOR) 1i EXI5TING VERIZON ANTENNAS ' RELOCATED TO NEW TONER PROP05ED (6) AT4T LTE RRU5-II PROPOSED (IS) UMTS AT 110 FT. A.O.L. RAD CENTER (TYP. - 2 PER SECTOR) 5 PER RRUS-II (TYP. - 5 R SECTOR, STACKED VERTICALLY) EXISTING T -MOBILE ANTENNAS RELOCATED TO NEN TONER UMTS LTE AT 160 FT. A.G.L. RAD CENTER FUTURE CARRIER ANTENNAS PROPOSED (6) ATdT WG5 RRU5-11 AT 150+ FT. A.6L. RAD CENTER WC5 (TYP. - 2 PER SECTOR) EXI5TIN6 TOWER \ PROP05ED ATdT UMTS �Zr RAYGAP 066-48-60-18-81' SURGE SUPPRESSOR WP. OF 2 TOTAL) d (: PROP05ED ATdT LTE WC5 PROP05ED ATdT (8) 3/4" DIA. TRUNK RAYGAP DC47-48$0-18-8F k DG POWER GABLES, (2) 3/8' DIA. TRUNK SURGE SUPPRESSOR n FIBER GABLES d (1) 3/6" RET GABLE ROUTED UP THE TONER PER THE (TYP. OF I TOTAL) LTE STRUCTURAL ANALYSIS. UMT5 PROP05ED SECTOR ujx „ PLATFORM MOUNT (TYP) O NOTE: PROVIDE 6' MIN. EDGE TO EDGE CLEARANCE �3 ~ FAA LIGHTING NOTE: BETNEEN LTE AND NCs ANTENNAS11 It 1111 FAA LIGHTING 15 NOT REQUIRED BASED ON THE a c i, OVERALL HEIGHT OF THE PROP05ED TONER. PRIOR TO PERMITTING AND CONSTRUCTION THE TONER ANTENNA ORIENTATION DETAIL OWNER 5HALL CONDUCT AN FAA STUDY TO NTS 4 UyHo lcl DETERMINE IF TOWER LIGHTING 15 REQUIRED BASED ON THE PROXIMITY TO NEARBY AIRPORTS. N m F PRDFOSED 51M.LATM MOFNE i�� z AM NEEDLES (TYP)PROPOSED MONOPINE TONER WITH 10' MIN. ~ E W+ I ANTISECURITY - JAO (TYP)) 5TRUGTURAL NOTE: J Q J THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MINIMUM OF 5 CARRIERS ANTENNAS _� > W AND RELATED EQUIPMENT. J W WOOD FENCE < z (TYP) W 5 a PROPOSED 10' WIDE PLANTED LANDSCAPE BUFFER ACRO55 Q FRONT FACADE d NATURAL 11- SCREENING THREE SIDES (TYP) EQUIPMENT MATERIAUGOLOR LI5T: TONER COLOR - NATURAL BARK FOREST BROWN TE ## 9c R MOUNT COLOR -PAINTED TO MATCH TRUNK d NEEDLES ;{ ANTENNA COLORW. -PAINTED TO MATCH NEEDLES opo: A-15 GABLE COLOR - PAINTED TO MATCH NEEDLES N 23000 WAWN: AJB NEEDLE COLOR - NATURAL NEEDLE FOREST GREEN P FESSI L !CLL CHECK(A. PWM BRANCH COLOR - NATURAL BRANCH FOREST BROWN FENCE COLOR - NATURAL GREEN TREATED HOOD FENCE JOB /: GGATLOOI PROPOSED 48kd1' COWOU3ID EXPANSION .,r N STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 AN ORDINANCE TO APPROVE A MODIFICATION TO AN EXISTING WIRELESS TELECOMMUNICATIONS TOWER LOCATED AT 330 BATESVILLE ROAD TO REMOVE AN EXISTING FACILITY (150 FEET) AND REPLACE WITH A MONO-PINE FACILITY(195 FEET) AND TO APPROVE TWO CONCURRENT VARIANCES AS PERMITTED IN SEC 54-7(a)(2) OF THE CITY OF MILTON CODE OF ORDINANCES. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 6, 2014 at 6:00 p.m. as follows: SECTION 1. That the modification to the existing wireless telecommunications tower located at 330 Batesville Road and two part concurrent variance 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 6th day of January, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 Recommended Conditions for T13-03/VC13-08 330 Batesville Road Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1 The maximum height of the facility shall be 195 feet. Said facility shall be “mono-pine” in appearance. 2 The total leased area shall be 5,000 square feet as shown on the survey submitted to the Community Development Department on November 19, 2013. 3 To provide tower setbacks from adjacent property lines on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, as shown on the site plan submitted to the Community Development Department on November 19, 2013. (Sec. 54-6(d)(2)) (VC13-08 – Part 1) 4 To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) (VC13-08 – Part 2) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 SITE PLAN SUBMITTED ON NOVEMBER 19, 2013 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 LEGAL DESCRIPTION SUBMITTED ON NOVEMBER 19, 2013 KE HOME OF' n+ _M t. L 1 ON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Appointing or Reappointing Members to the City of Milton Construction Board of Adjustments and Appeals for District 1 /Post1, District 2/Post 1, District 3/Post 1 and At Large. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES WNO CITY ATTORNEY REVIEW REQUIRED: {) YES kNO APPROVAL BY CITY ATTORNEY O APPROVED (} NOT APPROVED PLACED ON AGENDA FOR. REMARKS 0/ 22 t4 q4 10,* You(, PHONE: 678.242.2500 I FAX: 678.242.2499 Green - v y Ceffi$ed i info@cityofmiltonga.us i www.cityofrnlffonga.us Community � thus t 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ��` STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON CONSTRUCTION BOARD OF ADJUSTMENTS AND APEALS FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, DISTRICT 3/POST 1 AND AT LARGE. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 22, 2014 at 6:00 p.m. as follows: SECTION 1. That __________ (At Large) is hereby reappointed for a term commencing January 22, 2014 and ending on December 31, 2017 and, SECTION 2. That __________ (District 1/Post1), __________ (District 2/Post1) and __________ (District 3/Post1) are hereby appointed or reappointed for a term commencing January 6, 2014 and ending on December 31, 2017 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 22nd day of January 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ (Seal) Sudie AM Gordon, City Clerk 0 HOME OF ' 1vt ! '\j ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Contract between the City of Milton and Federal Signal Corporation for the Purchase and Installation of Outdoor Emergency Warning Sirens. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: ( 2 14 REMARKS () NOT APPROVED () NO () NO () NOT APPROVED Pj You * PHONE: 678.242.2500 FAX: 678.242.2499 MBEAWAIr "Green`~ = * Certified; 4�4 WINNER City �f Community m� Ethics f info@cityofmiltonga.us (www.cityofmiltonga.us y � ,0 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 i L[Rf1ilED BRONZE ',a<< To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal and Emergency Manager Date: Submitted on January 10, 2014 for the January 22, 2014 Regular Council Meeting Agenda Item: Consideration of a Contract between the City of Milton and Federal Signal Corporation for the Purchase and Installation of Outdoor Emergency Warning Sirens ____________________________________________________________________________ Department Recommendation: Approve the attached contract for the purchase and installation of an outdoor emergency warning siren system from Federal Signal Corporation. Executive Summary: Prior to Milton’s incorporation, the county placed no public emergency warning devices in our area (e.g. tornado sirens or other electronic/technology based warning system), but instead promoted the idea that the public should purchase weather radios. Hence, upon incorporation in 2006, Milton had no dedicated emergency warning systems to communicate with our citizens other than those provided by the traditional media outlets. All contiguous municipalities provide mass notification services to their residents. Several provide more than one service to increase notification percentages. Currently, Milton uses Code Red as their primary communication with its 33,000 citizens for large scale public emergencies. Most jurisdictions are also making use of the more basic siren systems which are very useful for people in outdoor areas such as parks, horse arenas, and in their cars, in addition to the internet-based “smart systems.” The proposed contract will provide that capability on a seamless basis with the surrounding municipalities and counties. During times of adverse weather, we often get questioned about the sirens in Alpharetta, Roswell, Forsyth, and Cherokee, which Milton citizens in the borderline regions (but not in the bulk of the City’s center) can hear when they are activated. This project is intended to address this piece of our emergency management infrastructure. It will be integrated into the Alpharetta system as a part of our E911 relationship. Page 2 of 2 Funding and Fiscal Impact: This project was budgeted in the FY 2014 Capital Projects Fund. The contract amount addressed in this agenda item is $216,329. The bid anticipates 5 years of routine maintenance, as well as consultation, purchase and installation of system components. Radios to provide system communications will be purchased on state contract, separately from this contract. There are currently no federal funds available for emergency warning, as these funds are usually allocated in the wake of a federal disaster declaration in the county of residence. Alternatives: The City can continue to rely on traditional media outlets and Code Red to provide notification of emergencies. Legal Review: Ken Jarrard – Jarrard & Davis This contract was prepared in consultation with the City Attorney’s office in January 2014. Concurrent Review: Chris Lagerbloom, City Manager Robert Edgar, Fire Chief Attachment(s): Contract Milton 2013-2014 Outdoor Warning Project Construction Agreement This Construction Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 2014, by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the “City”), and Federal Signal Corporation, with its principal place of business located at 2645 Federal Signal Drive, University Park, IL 60466 (hereinafter referred to as the “Contractor”) (collectively referred to herein as the “Parties”). W I T N E S S E T H: WHEREAS, the City issued a Request for Bids, dated October 29, 2013, for services generally described as Milton Outdoor Warning Siren System design and build; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s Bid in response to the Request for Bids for the City of Milton Outdoor Warning Systems (ITB 13-CM01a), the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the signatures below, agree as follows: Section 1. Contract Documents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other Bid related documents) attached hereto as Exhibit “A” (including the Project Specifications); C. Bid Documents from Contractor dated November 4, 2013 attached hereto as Exhibit “B”; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”; F. Final Affidavit, attached hereto as Exhibit “E”; G. Alien Employment affidavits attached hereto as Exhibits “F” and “G”; J. Key Personnel, attached hereto as Exhibit “H”; K. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description The Project is defined generally as follows: Contractor shall assist the City in identifying suitable locations for the placement of outdoor warning sirens in accordance with relevant state and federal guidelines, and upon approval from the City, shall deliver and install such equipment as outlined in the scope of the Invitation to Bid (“ITB”). Section 3. The Work The Work is specified and indicated in the Contract Documents (the “Work”). The Work includes and requires that the Contractor provide all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among and between the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City’s issuance of the Notice to Proceed. Section 4. Contract Time Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within ninety (90) days from the date of the City’s issuance of a written Notice to Proceed. Section 4.5 Preventive Maintenance The Contractor has agreed to provide, and the City has agreed to accept, a five (5) year preventive maintenance obligation from the Contractor wherein such preventive maintenance obligation will commence upon completion of the Project as anticipated in Section 4, and will run for a period of sixty months thereafter. The price for such preventive maintenance is $1,800 per twelve month period, for a total cost not to exceed $9,000. The City will tender $9,000 to the Contractor contemporaneous with entry into this Agreement which will fully fund the entire sixty month obligation. In the event of any deficiency in providing adequate preventive maintenance, the City shall have the right to cancel any remaining portion of the sixty month period and, upon such cancellation, shall be entitled to a pro rata reimbursement of any remainder of the $9,000. Section 5. Contractor’s Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in any event, exceed two hundred sixteen thousand three hundred twenty-nine dollars and 00/100 ($216,329.00), except as outlined in Section 6 below. The compensation for Work performed, to specifically include compliance with and completion of the items identified in the Project Specifications, shall be based upon the scope of work outlined in the ITB and the final approval given by the City pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will expend in performance of the Work. Unless otherwise agreed to in a writing signed by both Parties, the compensation payable by the City to the Contractor shall be confined to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the W ork performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges actually incurred. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. For reasonable cause and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined in the sole and reasonable discretion of the City based on its assessment of past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be released less any offsets or deductions authorized under the Contract Documents or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for th e City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6. Work Changes A. “Change Order” means a written modification of the Contract Documents, including the Project Specifications, signed by the City and the Contractor. B. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Contractor and City. Such Change Orders or construction change directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the unilateral right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a Change Order or construction change directive shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of Change Orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such Change Orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000.00, must be approved by the City of Milton Mayor and Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor 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 Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Project in accordance with the City’s requirements and procedures. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees to bear the full cost of correcting the Contractor’s negligent or improper Work, the negligent or improper work of its contractors and subcontractors, and any harm caused by such negligent Work. The Contractor’s duties shall not be diminished by any approval by the City of Work completed or produced; nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the Work, the Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor’s opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ____________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter collectively “Liabilities”), which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor 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 Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligat ion to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in an y way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor 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 Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor 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 Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) 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 therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (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 and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’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 or City Parties. (iv) Coverage shall state that the Contractor’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. (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 and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) 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) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor 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 certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor 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) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor 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, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit “C” and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. 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 “F” and “G” (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 “F”, 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 “G”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “G” 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 Agreement. 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 Agreement, 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 “F” and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. __________ 500 or more employees __________ 100 or more employees __________ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee number category that is applicable to the subcontractor. 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. N. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in ac cordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. Key Personnel All of the individuals identified in Exhibit “H” are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team, as listed in Exhibit “H”, without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City’s Representative Matt Marietta shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at an y time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. B. Termination for Cause. i. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. ii. The City shall then make alternative arrangements for completion o f the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement,, the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor 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 Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’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 Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions. Should any part of this Agreement for any rea son be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder 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, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: ________________________________________ G. 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. H. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. CONTRACTOR: ______________________________ By: ____________________________________ (signature) ____________________________________ (print) Attest: ____________________________________ XXXXXXXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ____________________________ [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Approved as to form: _______________________________ City Attorney CITY OF MILTON ____________________________________ [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 1 | P a g e CITY OF MILTON INVINTATION TO BID (THIS IS NOT AN ORDER) Bid Number: 13-CM01a Project Name: City of Milton Outdoor Warning Siren System Due Date and Time: October 29th, 2013 Local Time: 2:00pm Number of Pages: 46 ISSUING DEPARTMENT INFORMATION Issue Date: September 23rd, 2013 City of Milton Fire Rescue Department 13000 Deerfield Pkwy, Suite 107 Milton, Ga. 30004 Phone: 678-242-2570 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO PROPOSERS Return Submittal to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA. 30004 Mark Face of Envelope/Package: Bid Number: 13-CM01a Name of Company or Firm Special Instructions: Deadline for Written Questions October 18th, 2013 Email questions to Rick Pearce at rick.pearce@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS PROPOSERS MUST COMPLETE THE FOLLOWING Proposer Name/Address: Authorized Proposer Signatory: (Please print name and sign in ink) Proposer Phone Number: Proposer FAX Number: Proposer Federal I.D. Number: Proposer E-mail Address: PROPOSERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 2 | P a g e Table of Contents Topic Page Invitation for Bid 3 Bid Instructions 4 Evaluation Criteria 4 Insurance Requirements 5 Bonding Requirements 7 Bid Submittal Form 8 Reference Submittal 9 Addenda Acknowledgement 10 Bid Bond 11 Qualifications Signature and Certification 14 List of Subcontractors 15 Disclosure Form 16 Contractor Affidavit & Agreement (eVerify) 17 Project Specifications 18 Schedule of Events 20 Sample Construction Agreement 21 3 | P a g e CITY OF MILTON Purchasing Division Invitation to Bid Number: 13-CM01a CITY OF MILTON OUTDOOR WARNING SIREN SYSTEM The City of Milton is accepting sealed bids from qualified firms for an Outdoor Warning Siren System. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed Bids will be received no later than 2:00 PM Local Time on October 29th, 2013. Sealed Bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Parkway, Suite 107G, Milton, Ga. 30004. At approximately 2:05 PM Local Time on October 29th, 2013 Bids will be publicly opened and the bidder’s name and price will be read aloud at: City of Milton Courthouse, 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004. Bids received after the above time or in any other location will not be accepted. Bids shall be presented in a sealed envelope with the Bid number (13-CM01a) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD SHOULD BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Rick Pearce at rick.pearce@cityofmiltonga.us. Deadline for questions is October 18, 2013 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about October 22nd, 2013. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the proposer’s responsibility to check the websites for potential updates. Please refer to Bid (13-CM01a) and Bid name CITY OF MILTON OUTDOOR WARNING SIREN SYSTEM when requesting information. The City of Milton reserves the right to cancel or reject any or all Bids, to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is ninety (90) calendar days from the date of the “Notice to Proceed.” If weather or other adverse conditions affect the required completion schedule, which determination shall be made by the City in its sole discretion, the City and selected contractor will negotiate a new completion. 4 | P a g e BID INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page 1 Filled out and Signed Invitation for Bid Form 1 2 Bid Submittal Form/References 8/9 3 Applicable Addenda Acknowledgement 10 4 City Bid Bond 11 5 Qualification Signature and Certification 14 6 List of Subcontractors 15 7 Disclosure Form 16 8 Contractor Affidavit and Agreement (eVerify) 17 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a fixed price contract with one firm to be the primary contractor for CITY OF MILTON OUTDOOR WARNING SIREN SYSTEM (13- CM01a). No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The Bidder is responsible for obtaining any and all necessary permits for the work outlined in the Scope of this Invitation to Bid. The City will work with the awarded bidder on permits for portions of the project under the purview of the City. The City reserves the right to cancel the contract for convenience at any time by providing written notice thereof to Contractor. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, responsive, bidder whose Bid is determined to be the most advantageous to the City. Responsible bidders will be considered those persons, partnerships, corporations or firms with a proven record of competent service in outdoor emergency warning system design and deployment who can demonstrate with the reference submittal a current capability to properly, and in a timely manner, perform the Work. If a Bid price is found to be 5 | P a g e excessive or inadequate as measured by criteria stated in the ITB, the bid will be considered nonresponsive and will not be considered further. At the City’s discretion, presentations may be requested as part of the evaluation process . INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. (1) Requirements: The Contractor 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 Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. Thes e requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) 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 therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (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 and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing 6 | P a g e insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’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 or City Parties. (iv) Coverage shall state that the Contractor’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. (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 and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) 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) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor 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 certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor 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) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. 7 | P a g e (8) Claims-Made Policies: Contractor 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, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. BONDING REQUIREMENTS Each Bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the maximum Contract Price as provided herein (not including the Bid alternate), payable to the City of Milton. Said bid bond guarantees the proposer will enter into a contract to perform the project strictly within the terms and conditions stated in this Bid and in the Bid and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish a PAYMENT BOND to secure payment of all claims for materials furnished and/or labor performed in performance of the project and a PERFORMANCE BOND to ensure performance by the Contractor of its obligations under the Contract, both in amounts equal to one hundred percent (100%) of the maximum Contract Price. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. All bonds must be approved prior to execution of the Contract. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful proposer shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the Bid as requested by the City are entirely the responsibility of the Bidder. The City is not liable for any expense incurred by the proposer in the preparation and presentation of its Bid. All materials submitted in response to this ITB become the property of the City of Milton. 8 | P a g e BID SUBMITTAL FORM MUST BE RETURNED WITH BID City of Milton Outdoor Warning Siren System The undersigned, as bidder, declares and represents that it has examined and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Fixed Price (Lump Sum) $**__________________________ Print Dollar Amount**_______________________________________ ** Include a detailed breakdown of your fixed cost on a separate sheet of paper. Please include all specifications of all products represented in the” Total Fixed Price” as well as proof of compliance with current FEMA, ANSI, and OSHA technical guidelines for outdoor warning systems for each of the proposed components. Please provide you rate per hour if additional work is requested. (Not part of the evaluation) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ 9 | P a g e REFERNCES MUST BE RETURNED WITH BID (Use you own forms) 10 | P a g e ADDENDA ACKNOWLEDGEMENT [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] Proposer acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ Proposer further declares that the full name and resident address of Proposer’s Principal is as follows: Proposer Mailing Address: _______________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Signed, sealed, and dated this _______________ day of _____________________________ Proposer _______________________ (Seal) Company Name By: __________________ Title: ______________ 11 | P a g e BID BOND CITY OF MILTON, GEORGIA [PROPOSERS MUST RETURN THIS SHEET WITH BID RESPONSE] Attached hereto is an executed Bid Bond _________________________________________ _______________in the amount of three thousand seven hundred fifty Dollars ($ 3,750) (Five Percent of maximum Contract Price). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. PROPOSER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City”) (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: __________________________ PROJECT (Brief Description Including Location): BOND BOND NUMBER: _________________________________ DATE (Not later than Bid due date): ____________________ PENAL SUM: ______________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Proposer, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. PROPOSER SURETY (Seal) (Seal) Proposer’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ 12 | P a g e Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Proposer, Surety, the City or any other party shall be considered plural where applicable. 1. Proposer and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Proposer the penal sum set forth on the face of this Bond. 2. Default of Proposer shall occur upon the failure of Proposer to deliver within the time required by the Bid Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bid Documents and any Performance and Payment Bonds required by the Bid Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Proposer’s Bid and Proposer delivers within the time required by the Bid Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bid Documents and any Performance and Payment Bonds required by the Bid Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Proposer within the time specified in the Bid Documents (or any extension of that time agreed to in writing by Proposer and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Proposer within 30 calendar days after receipt by Proposer and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Proposer, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Proposer and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Proposer and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt 13 | P a g e requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern, and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or Bid, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 14 | P a g e QUALIFICATIONS SIGNATURE AND CERTIFICATION [PROPOSERS MUST RETURN THIS SHEET WITH BID RESPONSE] I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Bid and certify that I am authorized to sign this Bid for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20, et. seq., have not been violated and will not be violated in any respect. Authorized Signature______________________________Date__________________2013 Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Bid; that _______________________________________, who signed said Bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said Bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; and that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 2013 ______________________________________ (Seal) (Signature) 15 | P a g e LIST OF SUBCONTRACTORS [PROPOSERS MUST RETURN THIS SHEET WITH BID RESPONSE] I do _________/do not _______ (check one) propose to subcontract some of the Work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ 16 | P a g e DISCLOSURE FORM PROPOSERS MUST RETURN THIS SHEET WITH BID RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your Bid package when it is submitted. Name of Proposer __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 17 | P a g e EXHIBIT “E” CONTRACTOR AFFIDAVIT AND AGREEMENT [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON 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 engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13 -10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ____________________________ Name of Contractor Milton Outdoor Warning Siren System Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 18 | P a g e PROJECT SPECIFICATIONS The City of Milton seeks to add an outdoor warning siren system to its public warning capabilities. The project involves the “turn-key” installation of a projected ten outdoor tornado warning sirens that will be integrated into an already established Federal Signal system located in Alpharetta. The City has identified ten potential sites for placement of the outdoor warning system siren assembly. The preliminary sites are: 1) Fire Station #43 at 750 Hickory Flat Road, Milton, GA 30004 2) Bell Memorial Park at 15245 Bell Park Road Milton, GA 30004 3) The south east corner of the intersection of Hwy 372 (Birmingham Hwy) and Providence Rd. This will soon be reconfigured to contain a traffic circle and the city is acquiring land for that purpose. 4) Fire Station #41 at 12670 Arnold Mill Rd (GA 140) Milton, GA 30075 5) The Proposed Fire Headquarters at 13690 Hwy 9 Milton, GA 30004 6) The area of Hwy 140 and Chadwick Farm Blvd 7) The area of Birmingham Rd and Freemanville Rd 8) The area of Hopewell Rd and Longstreet Rd 9) The area of Redd Rd and Thompson Rd 10) The area of Providence Park on Providence Rd Final location and number of sites will be selected in consultation with the City following the design phase, prior to the “build” phase of the project and based on needs of the City. The winning bidder will provide finalization of these proposed sites in consultation with the City. The design will be based in scientific propagation studies using nationally recognized standards and guidelines. While it is understood that many of the proposed sites may be able to be utilized, the continued use of a site should be evaluated and deemed to be appropriate given the planned equipment and specifications, propagation data, etc. The winning bidder should be prepared to provide a full explanation of the sites chosen during the “design” phase of the project. The final location of the sites is anticipated to be a joint effort between the vendor and the City. The subsequent “build” phase of the project will then be based on the identified locations. The Milton sirens will be activated by the City of Alpharetta’s dispatch center using Federal Signal’s Federal Commander Software and the Alpharetta 800 MHz radio system (or any successor to this system). The City of Milton will provide the radios for each of the sirens. The City will be responsible for programming the radios and shipping them to the winning bidder for installation in the siren controllers. The proposed system must comply with all applicable government regulatory specifications, particularly FEMA Outdoor Warning System guidelines, as well as the relevant OSHA regulations, and ANSI standards referenced therein. Evidence of the proposed system compliance should be provided by the bidder with the bid submittal supplement (page 8). The submitted itemized bid price shall include annual preventive maintenance for a period of five (5) years, with an allowance of 2% cost increase annually. 19 | P a g e Additional service responsibilities include: Emergency repair/maintenance response to critical system failure must be less than 2 hours. In the case of critical system failure, repair must be conducted as diligently as practicable until the system is fully operational. A 24-hour emergency repair contact number shall be provided to the City for emergency purposes. All other non-emergency maintenance or warranty issues will be handled as second day response. Expenses for materials beyond the service contract shall be confirmed with the City’s designee prior to any additional work. Any preventative maintenance will be conducted in such a manner that takes full advantage of any product warranties on all components of the system. Warranty The seller must warrant the electromechanical siren equipment from the date of the installation for a period of not less than two (2) years for defects in electrical components, and mechanical components when adequately maintained in accordance with instructions. The seller shall warrant the entire siren head (unit on top of pole) for a period of 5 years from the date of installation. Installation Each siren shall be installed on a galvanized steel metal pole designed specifically for siren installation with all wires and cable run within the pole. The siren head shall be mounted at a height of 40-45’. Each pole shall be painted black. The bidder shall provide all installation and grounding hardware including a service disconnect. Upon completion of the installation, the siren system manufacturer or their representative shall perform both site and system optimization. SCHEMATICS Complete wiring diagrams, schematics, and technical reports (propagation studies, etc.) shall be included with the operational and installation instructions. 20 | P a g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Date: Release of ITB 9/23/2013 Deadline for Written Questions 10/18/2013 @ 5:00 PM *Submit via E-Mail to Rick Pearce of Purchasing Office at rick.pearce@cityofmiltonga.us City of Milton Addendum (on or about) 10/22/2013 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due 10/29/2013 @ 2:00PM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite-107G Milton, Ga. 30004 21 | P a g e Reference Only Subject to change SAMPLE CONSTRUCTION AGREEMENT This Construction Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 20____, by and between the City of Milton , a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the “City”), and XXXXXX, a _________________ with its principal place of business located at XXXXXXX (hereinafter referred to as the “Contractor”) (collectively referred to herein as the “Parties”). W I T N E S S E T H: WHEREAS, the City issued a Request for Bids, dated XXXXXXXXXXXX, for services generally described as Outdoor Warning Siren System design and build; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessa ry to perform the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s Bid in response to the Request for Bids for XXXXXXXXXXXXX, the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promise s, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Request for Bids (and other Bid related documents) attached hereto as Exhibit “A” (including the Project Specifications); C. Bid Documents from Contractor dated ________________ attached hereto as Exhibit “B”; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”; F. Final Affidavit, attached hereto as Exhibit “E”; G. Alien Employment affidavits attached hereto as Exhibits “F” and “G”; 22 | P a g e J. Key Personnel, attached hereto as Exhibit “H”; K. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description The Project is defined generally as follows: Contractor shall Work with the City to identify suitable locations for the placement of outdoor warning sirens in accordance with relevant state and federal guidelines, and upon approval from the city, shall deliver and install such equipment as outlined in the scope of th e ITB or any portion of the project as suits the current needs and resources of the City. Section 3. The Work The Work is specified and indicated in the Contract Documents (the “Work”). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications atta ched hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City’s issuance of the Notice to Proceed. Section 4. Contract Time Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within 90 days from the date of the City’s issuance of a written Notice to Proceed. Section 5. Contractor’s Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed ____________, except as outlined in Section 6 below. The compensation for Work performed shall be based upon the scope of work as outlined in the ITB and the final approval given by the City pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44 -14-366. For reasonable cause and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may r etain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests 23 | P a g e or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Exp ress delivery at the Contractor’s expense. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6. Work Changes A. “Change order” means a written modification of the Contract Documents, signed by the City and the Contractor. B. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Contractor and City. Such change orders or construction change directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determin e reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive shall be executed under all the applicable conditions of this Agreement. No cl aim for additional compensation or extension of time shall be recognized, unless contained in a written change order or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000.00, must be approved by the City of Milton Mayor and Council . Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor 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 Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Project in accordance with the City’s requirements and procedures. 24 | P a g e Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of th e Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Pro ject. Further, the Contractor agrees to bear the full cost of correcting the Contractor’s negligent or improper Work, the negligent or improper work of its contractors and subcontractors, and any harm caused by such negligent Work. The Contractor’s duties shall not be diminished by any approval by the City of Work completed or produced; nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relyin g upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the Work, the Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor’s opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative 25 | P a g e ____________shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees , servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter collectively “Liabilities”), which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor 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 Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify , defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, 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 Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do 26 | P a g e so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor 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 o f the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) 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 therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (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 and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’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 or City Parties. (iv) Coverage shall state that the Contractor’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. (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. 27 | P a g e (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) 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) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI .. (6) Verification of Coverage: Contractor 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 certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor 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) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor 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, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy . L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit “C” and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. 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 28 | P a g e hereto as Exhibits “F” and “G” (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 “F”, 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 “G”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “G” 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 Agreement. 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 Agreement, 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 “F” and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. __________ 500 or more employees __________ 100 or more employees __________ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee number category that is applicable to the subcontractor. 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 29 | P a g e 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 “H”, and submit ted 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). N. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it w ill protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives o r such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. 30 | P a g e Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50 -18-72(a)(34) related thereto. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licen ses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. S. Key Personnel All of the individuals identified in Exhibit “H” are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team, as listed in Exhibit “H”, without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written cons ent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. T. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. U. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor a grees to execute any additional documents that may be necessary to evidence such assignment. V. Meetings 31 | P a g e The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City’s Representative XXXXXX shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. B. Termination for Cause. i. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of comple ting the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement,, the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been g enerated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. 32 | P a g e Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor 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 Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’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 Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not a ffect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder 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, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: ________________________________________ 33 | P a g e G. 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. H. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyo nd their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. CONTRACTOR: ______________________________ By: ____________________________________ (signature) ____________________________________ (print) Attest: ____________________________________ XXXXXXXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ 34 | P a g e Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ____________________________ [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Approved as to form: _______________________________ City Attorney CITY OF MILTON ____________________________________ [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ 35 | P a g e Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 36 | P a g e EXHIBIT “A” [Insert Request for Bids] EXHIBIT “B” [Insert Bid Documents] 37 | P a g e EXHIBIT “C” PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT _____________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and ____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as __________________________ (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that 2. may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 3. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s 38 | P a g e Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in-fact, this day of , 20 . CONTRACTOR (“Principal”) ________________________________________ By:_____________________________________(signature) _____________________________________ (print) Title: __________________________________ Attest:_____________________(signature) [AFFIX CORPORATE SEAL] _____________________ (print) Title: _____________________ Date:______________________ [SIGNATURES CONTINUE ON FOLLOWING PAGE] 39 | P a g e CONTRACTOR’S SURETY: ___________________________________ By:_____ __________________________ (signature) ______________________________ (print) Title: _____________________________ (SEAL) Attest: _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 40 | P a g e PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT ________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as ____________________________, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reas onably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. 41 | P a g e IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20 . CONTRACTOR: ___________________________________ By:_________________________________ (signature) _________________________________ (printed) Title: ______________________________ (SEAL) Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ CONTRACTOR SURETY: ___________________________________ By:_________________________________ (signature) _________________________________ (printed) Title: _______________________________ (SEAL) Attest: _____________________ (signature) _____________________ (printed) Title: _________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 42 | P a g e EXHIBIT “D” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA City of Milton ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of XXXXXXXXXX (the “Proposer”) that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). ____________________________ Signature of Authorized Officer or Agent ____________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF _____________, 20___ ___________________________ Notary Public ________________________ (SEAL) My Commission Expires _______________ Date 43 | P a g e EXHIBIT “E” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXX. or any of its subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of XXXXXXXXX. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ 44 | P a g e EXHIBIT “F” STATE OF GEORGIA CITY OF MILTON 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 engaged in the physical performance of services on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of servi ces in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b), a form of which is attached hereto as Exhibit “G”. Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. ________________________________________ Federal Work Authorization User Identification Number ________________________________________ Date of Authorization _________________________________________ Name of Contractor _________________________________________ Name of Project _________________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _______________ ___________, 201___ in _____________ (city), ______________ (state). _________________________________________ Signature of Authorized Officer or Agent _________________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _______________, 201__. _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 45 | P a g e EXHIBIT “G” STATE OF GEORGIA CITY OF MILTON 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 ___________________ (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13 -10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________________ Federal Work Authorization User Identification Number ________________________________________ Date of Authorization _________________________________________ Name of Subcontractor _________________________________________ Name of Project _________________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _____________ ____, 201____ in _______________ (city), _____________ (state). _________________________________________ Signature of Authorized Officer or Agent _________________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _____________, 201____. _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 46 | P a g e EXHIBIT “H” KEY PERSONNEL [Insert Key Personnel] KEY PERSONNEL The following individuals are designated as Key Personnel under this Agreement and as such are necessary for the successful prosecution of the Work: Individual Position END SAMPLE CONTRACT HOME OF ' ' M I L I ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 19, 2014 FROM: City Manager AGENDA ITEM: Ratification of Second Amendment to the Intergovernmental Agreement (IGA) for the Extraterritorial Provision of Sewer Service by Fulton County for Property Located at 13175 Hopewell Road, Milton, Georgia. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:'') YES ONO CITY ATTORNEY REVIEW REQUIRED: (;j YES O NO APPROVAL BYCITYATTORNEY (APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: O 12 Z i4 REMARKS ;.A You PHONE: 678.242.25001 FAX: 678.242.2499 -Green — *Certified Community * * Ei2i info@cltyofmiltonga.us I www.cityofmiitonga.us �j, Echics� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTIFIED BRONZE �aEc AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FO R THE EXTRATERRITORIAL PROVISION OF SEWER SERVICE BY FULTON COUNTY TO CERTAIN PROPERTY LOCATED WITHIN THE CITY OF MILTON This AMENDED INTERGOVERNMENTAL AGREEMENT, by and between the CITY OF MILTON, GEORGIA, a political subdivision of the State of Georgia acting by and through its City Council ("CITY OF MILTON"), and FULTON COUNTY, GEORGIA, a political subdivision of the State of Georgia acting by and through its Board of Commissioners ("FULTON COUNTY"), with FULTON COUNTY and CITY OF MILTON hereinafter referred to as the "Patit-g-,graniI g��LTON COUNTY the authority to provide Sewer Service to certain parcels within the municipal c y limits of the CITY OF MILTON, is effective as of this Jf day of �, u S 1 , 2013 (the "Effective Date"). WITNESSETH: WHEREAS, on December 3, 2012, the Parties hereinto entered into an Intergovernmental Agreement for Extraterritorial Provision of Sewer Service to Certain Property Located Within the City of Milton; and WHEREAS, attached to said Intergovernmental Agreement as Exhibit A was a sewer service map setting forth the boundaries of where sewer service existed or could be expanded; and WHEREAS, it is the intent of this amendment to ratify and otherwise reaffirm the Intergovernmental Agreement in all particulars, except that Exhibit A (the sewer service map) from the December 3, 2012 shall stand stricken and shall be replaced with the attached Exhibit A which seeks to add a single parcel to the sewer service map as an additional parcel for which Fulton County may provide sewer service; and WHEREAS, it is the intent of the Parties that the City Council for the City of Milton shall be permitted under this Intergovernmental Agreement to unilaterally authorize additional parcels that may be lawfully sewered by Fulton County without a requirement that the Fulton County Board of Commissioners ratify such additional parcels for sewer service. NOW THEREFORE, in consideration of the mutual promises of the Parties and the mutual benefits flowing from each Party to the other, and other good and valuable consideration exchanged, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: (1) The sewer service map attached to the December 3, 2012 Intergovernmental Agreement as Exhibit A is hereby stricken in its entirety and replaced herewith with the attached sewer service map attached hereto as Exhibit A; (2) The Milton City Council shall have the right by way of formal council action to unilaterally authorize Fulton County to provide sewer service to additional parcels over and above those reflected in Exhibit A. In doing so, the following stipulations shall apply: a. A resolution and revised sewer service map authorizing such additional parcels shall be prepared by Milton and forwarded to the Fulton County Department of Public Works and the Fulton County Manager; b. A new sewer service map so tendered shall become the official sewer service map under this Agreement without further action by either Party; c. No authorization by the City of Milton shall place upon Fulton County an obligation to extend sewer or sewer infrastructure. The decision as to whether to provide sewer service to any particular parcel within the City of Milton, even if authorized by this Agreement or any future, unilateral modification of the sewer service map, shall remain vested with Fulton County. (3) The December 3, 2012 Intergovernmental Agreement is otherwise hereby fully ratified and reaffirmed. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. ATTESTED Sudie Gordon, City Clerk ATTESTED FULTON COUNTY, GEORGIA Clerk to the Commission John H. Eaves, Ph.D., Chairman Fulton County Board of Commissioners APPROVED AS TO FORM Office of the Fulton County Attorney Page is too large to OCR. HOME OF' 1F BFST QUALITY OF I IFF IN GFORC I, ' MILTO.N" ESTA13LISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Unilaterally Modifying the Sewer Service Map between the City of Milton and Fulton County Pursuant to the Amended Fulton/Milton Sewer Intergovernmental Agreement. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4 YES () NO CITY ATTORNEY REVIEW REQUIRED: 0 YES () NO APPROVAL BY CITY ATTORNEY O APPROVED () NOT APPROVED PLACED ON AGENDA FOR. v Z Z Li REMARKS Youln PHONE: 678.242.25001 FAX: 678.242.2499 naive -Green certifiedOf E info@cityofmiltonga.us I www.cityofmiltonga.us Community i thics � ,� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFIED °"°"t`'a`� To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on January 19, 2014 for the January 22, 2014 Regular Council Meeting Agenda Item: Consideration of a Resolution Unilaterally Modifying the Sewer Service Map between the city of Milton and Fulton county Pursuant to the Amended Fulton/Milton Sewer Intergovernmental Agreement. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On December 22, 2013, the Mayor and City Council re-zoned several parcels at the northeast corner of Bethany Road and Cogburn Road from AG-1 to NUP pursuant to RZ13-16/VC13-06. The re-zoning of this parcel in such a manner requires the extension of sanitary sewer to it. Because of Milton’s intergovernmental agreement with Fulton County, the County is the water and sewer provider to Milton. Milton directs which parcels can and which parcels cannot receive these services; specifically where sewer service is provided and where it isn’t. If this Resolution is adopted, the parcels which were re-zoned in December 2013 will become eligible for sewer service. Funding and Fiscal Impact: There are no local funding impacts with this Resolution. Alternatives: Do not approve the Resolution. Legal Review: Ken Jarrard, City Attorney - January 18, 2014 Attachment(s): Resolution Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION UNILATERALLY MODIFYING THE SEWER SERVICE MAP BETWEEN THE CITY OF MILTON AND FULTON COUNTY PURSUANT TO THE AMENDED FULTON/MILTON SEWER INTERGOVERNMENTAL AGREEMENT WHEREAS, on January 22, 2014 the Milton City Council ratified the Second Amendment to Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service By Fulton County to Certain Property Located within the City of Milton ("Second Amendment to Sewer IGA"); WHEREAS, this act of ratification thereby made binding and operational the Second Amendment to Sewer IGA; WHEREAS, in the Second Amendment to Sewer IGA, Fulton County and the City of Milton agreed that the City of Milton shall have the right to unilaterally modify the sewer service map with Fulton County; WHEREAS, this amendment allowed the City to unilaterally modify the sewer delivery boundary and corresponding sewer map without any corresponding approval by Fulton County, and the boundary so authorized would become the new boundary for which Fulton County was authorized to provide sewer service within the municipal limits of Milton; WHEREAS, the Milton City Council desires to utilize this authority and authorize an amendment to the existing sewer service map. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MILTON, GEORGIA, 1. That pursuant to the Second Amendment to Sewer IGA, the City Council does hereby authorize a modification to the sewer service map; 2. The City Council hereby reaffirms the sewer service map that was attached as Exhibit A to the Second Amendment to Sewer IGA; 3. The City Council hereby authorizes Fulton County to also provide sewer service to parcel(s): The land on the northeast corner of Bethany Road and Cogburn Road which was rezoned pursuant to RZ13-16 on December 16, 2013 and which is depicted on the attached map The map is labeled “page 4 of 33” from the original re-zoning staff analysis. 4. City staff are authorized and directed to prepare a new sewer service map comprised of the sewer service map that was attached as Exhibit A to the Second Amendment to Sewer IGA, plus the parcel(s) identified in paragraph 3, above; 5. The parcel so added shall be color code blue with black hatch marks; 6. A sewer service map so modified, along with this Resolution, shall then be promptly delivered by City staff to the Fulton county Department of Public Works and the Page 2 of 2 Fulton County Manager, and the map so delivered shall be the official sewer service map between Fulton County and the City of Milton RESOLVED this _____ day of ____________, 2014. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 4 of 33 RZ13-16 VC13-06 CURRENT ZONING MAP