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HomeMy WebLinkAboutMinutes CC - 05/07/2018Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 1 of 13 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on May 7, 2018 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Elder David Seals, Crabapple First Baptist Church, Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Jamison, Councilmember Kunz, Councilmember Bentley, Councilmember Longoria, and Councilmember Mohrig. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-131) Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following change: • Add an Executive Session to discuss Land Acquisition. Councilmember Bentley seconded the motion. The motion passed (6-0). PUBLIC COMMENT (General) (Novae) Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 2 of 13 CONSENT AGENDA 1. Approval of the April 9, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-132) (Sudie Gordon, City Clerk) 2. Approval of the April 16, 2018 Special Called Regular City Council Meeting Minutes. (Agenda Item No. 18-133) (Sudie Gordon, City Clerk) 3. Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and New Found Life Youth Football League, Inc. Milton Steelers. (Agenda Item No. 18-134) (Jim Cregge, Parks and Recreation Director) 4. Approval of the First Amendment to an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Ten Year Agreement to use Northwestern Middle School for Recreational Purposes. (Agenda Item No. 18-135) (Jim Cregge, Parks and Recreation Director) Motion and Vote: Councilmember Jamison moved to approve the Consent Agenda Items. Councilmember Mohrig seconded the motion. The motion passed (6-0). REPORTS AND PRESENTATIONS Proclamation Recognizing Councilmember Burt Hewitt's Service to the City of Milton. (Mayor Joe Lockwood) FIRST PRESENTATION Consideration of U18-04NC18-05 —13665 Cogburn Road zoned T-2 by Daufy Adult Community Services for a Use Permit for Alternative Senior Housing (Sec 64-1844) within an existing single family residence with an expansion of 2,000 square foot with 4 bedrooms for a total of 8 residents and construct a new 1,500 square foot guest house and detached garage. A concurrent variance to reduce the 60 foot primary setback to 50 feet where the house encroaches (Chapter 64, Art 20 Table l Lf. 1). (Agenda Item No. 18-136) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 3 of 13 2. Consideration of U18-06 — Green Road zoned T-4 Open by Little Sunshine Daycare for a Use Permit for a 9,700 square foot day care facility (Sec. 64-1809). (Agenda Item No. 18-137) (Kathleen Field, Community Development Director) 3. Consideration of RZ18-04 — To amend Article XIX Crabapple Form Based Code to amend Table 8B Building Unit Function Exchange Rate as it relates to Lodging. (Agenda Item No. 18-138) (Kathleen Field, Community Development Director) 4. Consideration of RZ18-05 — To amend Article XX Deerfield Form Based Code to amend Table 9B Building Unit Function Exchange Rate as it relates to Lodging. (Agenda Item No. 18-139) (Kathleen Field, Community Development Director) 5. Consideration of RZ17-12 — Text Amendment to Article XIX — Crabapple Form Based Code. 1.6.4.b as it relates to lodging. (Agenda Item No. 18-140) (Kathleen Field, Community Development Director) 6. Consideration of RZ 17-13 — Text Amendment to Article XX — Deerfield Form Based Code, 1.6.4.b as it relates to lodging. (Agenda Item No. 18-141) (Kathleen Field, Community Development Director) 7. Consideration of RZ18-09 — To amend Article XIX Crabapple Form Based Code to amend Article 3.2 General Requirements to Prohibit Gates. (Agenda Item No. 18-142) (Kathleen Field, Community Development Director) Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 10 to Revise the City's Grant Management Policy Regarding the Approval of Grant Applications and Acceptance of Grant Awards. (Agenda Item No. 18-143) (Stacey Inglis, Assistant City Manager) Motion and Vote: Councilmember Longoria moved to approve the First Presentation Items. Councilmember Mohrig seconded the motion. The motion passed (6-0). Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 4 of 13 PUBLIC HEARING 1. Consideration of Possible Extension (until September 25, 2018) to Existing Moratorium Barring the Acceptance of Applications for Concept Plan Approval, Applications for Issuance of Land Disturbance Permits, and Applications for Primary Variances for Gasoline Stations and Service Stations in the C-1 (Community Business) Zoning District within the Rural Milton State Route 9, and Birmingham Crossroads Overlay Districts. (Agenda Item No. 18-144) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This would extend an existing moratorium that was imposed on April 8, 2018 to maintain the status quo with respect to applications for a concept plan approval, primary variances, and applications for land disturbance permits for gasoline stations and service stations within the C-1 zoning district within the rural Milton State Route 9 and Birmingham Crossroads Overlay Districts. The purpose of this moratorium is to allow staff to draft updates to the regulations controlling these applications so when the moratorium is lifted, the new applications will follow the new guidelines. This is a public hearing to hear public input regarding this moratorium. This moratorium will remain in place until September 25, 2018 or if the new rules are put in place before that date then it will automatically be lifted. ZONING AGENDA 1. Consideration of a Possible Rescission of Previous Council Approval of Use Permit Applications U18-02, U18-03 and VC 18-02 for Apartments (Sec. 64-1839) and Senior Housing (Sec. 64-1834) to Develop 42 Condominiums Requested by Strawberry Fields Milton, LLC Located at 12655 Birmingham Hwy. (Currently Zoned T-5 and T-4 Open Transect Zones within the Crabapple Form Based Code). ORDINANCE NO. 18-05-350 (Agenda Item No. 18-145) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This was two use permits that were approved on March 19, 2018. The conditions that were actually imposed indicated that the totality of the property, all of the 4.37 acres, must be senior living apartments which was not the intent of the council, applicant, or staff. So, this was a typographical error. Whenever a zoning decision is made, many times the only way to undo a zoning decision is within the context of a rescission. Motion and Vote: Councilmember Jamison moved to approve Agenda Item No. 18-145. Councilmember Kunz seconded the motion. The motion passed (6-0). Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 5 of 13 2. Consideration of an Ordinance to Approve Two Use Permits for Apartments (Sec. 64- 1839) and Senior Living (Sec. 64-1834) on 4.37 Acres Located at 12655 Birmingham Hwy. and a Variance to Delete the Requirement for a Minimum of 300 Cubic Feet of Separate Contiguous Storage Space for Each Unit. ORDINANCE NO. 18-05-351 (Agenda Item No. 18-146) (Ken Jarrard, City Attorney) Kathleen Field, Community Development Director Our use permit refers to them as apartments but the senior apartment use permit requires condominiums and that is what these will be. Staff provided to the Mayor and City Council on March 19, 2018 (First Presentation on March 7, 2018) a Staff Report and Recommended Conditions for U18-02, U18-03 and VC18-02 to develop 42 condominiums (Senior Housing for persons 55 and over) at 12655 Birmingham Hwy containing 4.37 acres. The conditions approved at the meeting inadvertently conditioned approval on limiting development of the entire 4.37 acres to Senior Housing and did not allow for the front portion of the property (2.03 acres zoned T-5) to be developed with the applicant's proposed mixed use development containing office, retail and residential within the parameters of the T-5 Transect Zone. In order for the appropriate conditions (correcting the prior conditions so as to reflect the intent of the Council at the prior meeting) to be approved, the Mayor and City Council will need to first vote for the Rescission and then approve the Use Permits with the attached, corrected set of conditions prepared by Staff. The rescission of the March 19, 2018 action by the Mayor and City Council and additional zoning action of the above mentioned cases will resolve this conflict between the existing conditions of zoning and the intended future development of the property. This petition is approved by the Mayor and City Council for a Use Permit for Senior Housing (Sec. 64-1834) and a Use Permit for Apartments (Sec. 64-1839) subject to the owner's agreement to the following enumerated conditions. 1) To the owner's agreement to restrict the use of the subject property as follows: a) The rear portion of the subject property that is located within the T-4 Open Transect Zone (2.34 +/- acres) only shall be used exclusively for Senior Condominiums (U18-02 — Senior Housing and U18-03 - Apartments) and allowed accessory uses. The front portion of the subject property that is located within the T-5 Transect Zone (2.03 +/- acres) shall not be subject to this use limitation, but shall be subject to the requirements and restrictions otherwise applicable pursuant to the Zoning Ordinance, including, but not limited to those uses permitted within the T- 5 Transect Zone within the Crabapple Form Based Code District. b) No more than 42 total Senior Housing Apartment dwelling units at a maximum density of 17.95 units per acre, whichever is less, based on the rear 2.34 acres of the property located within the T-4 Open Transect Zone that is limited to Senior Condominiums in Condition RegularMeeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 6 of 13 1(a). (The maximum approved unit totals are not guaranteed, and the developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all units within the approved development meet or exceed all the development standards of the City of Milton. The total 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) Substantial compliance with the Land Use Site Plan dated January 4, 2018 by Shields Engineering Group, received by the Community Development Department on January 5, 2018, and attached hereto as Exhibit "C", whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council's approval of the Use Permit. Notwithstanding the contents of the site plan, the project 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. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. 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 abide by the following requirements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a 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. b) Provide two driveways at locations coordinated with Northeast Crabapple Connector Roadway project and approved by Milton Public Works. 4) To the owner's agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to 'submission of land disturbance application. Councilmember Longoria In the original presentation, was the density described as 17.95 units per acre? Kathy Field It was not. Councilmember Longoria Do we have any other examples in the city where we have density at that level? Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pra Page 7 of 13 Robyn MacDonald In 2008, the city council approved a similar senior housing with the same use permit and they are at 19.5 units per acre on Bethany Bend on the western side across from Forsyth County. It has not been developed yet but it was approved. Councilmember Bentley I was unable to support this when we voted on March 19, 2018 for that reason; the density. I have concerns even more so with our existing infrastructure and the traffic in the area. It seems worse now. Those are my concerns. Mayor Lockwood This is the same plan that was voted on prior, correct? It is just the calculation that has changed. Kathy Field That is correct. Councilmember Kunz In the T-5 transect will there be office? -- Kathy Field There is 36,000 square feet of retail office and 12 units of residential. And, they will be utilizing the transfer of development rights. Councilmember Jamison I originally voted against it. I like the concept but it is just the density that is an issue for me. Councilmember Kunz So, we are looking at a total of 54 units residential? Kathy Field 42 senior housing plus 12 that does not have to be senior housing. Councilmember Longoria Ken, for my understanding, if we rescinded the action that we took before, then this is like a reboot. City Attorney Jarrard That is exactly what it is like. Councilmember Longoria So, we should have followed the process that we normally would have followed if we were hearing this for the first time. Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 8 of 13 City Attorney Jarrard No, I don't think we have to go back that far back. I think we are already being very cautious by the way we are doing this anyway. I would not recommend that we start at the beginning again. Particularly since nothing has changed and this was to correct what I would consider to be an administrative error. I do think that to make sure it complies with the zoning procedures law, we have to follow that law. Councilmember Kunz So, Kathy in your estimation we obviously have this before us from a zoning perspective but how closely do you think it represents the Form Based Code that we currently have in place for this area? Kathy Field I think that these are uses that were included in the Form Based Code. They are allowed through a use permit and as part of the village that we are creating. I think that it presents another housing type for our residents. I think that a village should have many different housing types. I think it is very consistent with the vision that we have established for this area. Councilmember Kunz And, so the reason that this was coming before us in the first place was because of the use permit? Kathy Field Yes. Councilmember Kunz And, that is specifically because of the senior aspect of it? Kathy Field The apartment use permit is the land use type. The senior use permit is the density. Apartments are allowed in Crabapple through a use permit, however, if you want a greater density than what is allowed by -right or with a TDR, an individual can apply for a use permit for senior housing. That allows up to 20 units per acre. So, you have the land use, which are the apartments which need a use permit, and then the senior housing is at a higher density which needs a use permit. Therefore, both of those use permits are a part of this ordinance. Mayor Lockwood The density is allowed under that description as well as if TDR's are purchased. Kathy Field It allows up to 20 units per acre and they are at 17 or so. Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 9 of 13 Mayor Lockwood And, just for clarification, if they purchase TDR's it allows for preserving land in other areas of the city. Kathy Field That is correct. Councilmember Longoria What is the number of TDR's required to get to this level of density? Kathy Field No TDR's are required for the T-4 Open area but for the T-5 they are allowed up to 14 units per acre. That is by -right plus the TDR. Councilmember Mohrig Kathy, the senior housing is age restricted, correct? Kathy Field Yes, over 55 years old. Councilmember Kunz So, the applicant essentially followed our own rules to get to this point, correct? Kathy Field That is correct. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 18-146. Councilmember Longoria seconded the motion. The motion passed (4-2). Councilmember Bentley and Councilmember Jamison were in opposition. UNFINISHED BUSINESS 1. Consideration of Possible Extension (until September 25, 2018) to Existing Moratorium Barring the Acceptance of Applications for Concept Plan Approval, Applications for Issuance of Land Disturbance Permits, and Applications for Primary Variances for Gasoline Stations and Service Stations in the C-1 (Community Business) Zoning District within the Rural Milton State Route 9, and Birmingham Crossroads Overlay Districts. RESOLUTION NO. 18-05-472 (Agenda Item No. 18-144) (Public Hearing Held at May 7, 2018 Regular City Council Meeting) (Ken Jarrard, City Attorney) Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 10 of 13 Ken Jarrard, City Attorney This is the moratorium that we discussed during the public hearing earlier this evening. It is ready for council consideration. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 18-144. Councilmember Longoria seconded the motion. The motion passed (6-0). 2. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. ORDINANCE NO. 18-05-352 (Agenda Item No. 18-129) (First Presentation at April 23, 2018 Council Meeting) (Jim Cregge, Parks & Recreation Director) Jim Cregge, Parks and Recreation Director This is an ordinance to amend Appendix A, Chapter 34. It is to establish a fee structure to charge individuals to swim at the former Milton Country Club pool. We are getting ready for the Milton Mustangs Swim Team and have established operating hours. We are asking for your approval of this fee structure so we can begin selling season passes. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 18-129. Councilmember Bentley seconded the motion. The motion passed (6-0). NEW BUSINESS Consideration of a Resolution Accepting the Resignation of Councilmember Burt Hewitt, District 1 / Post 2. RESOLUTION NO. 18-05-473 (Agenda Item No. 18-147) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney In your packet tonight is a letter from Burt Hewitt announcing his irrevocable resignation as councilmember effective immediately. There is also a resolution accepting his resignation. Once it has been approved, then the process moving forward will be to conduct an election through Fulton County in November 2018 at no cost to the city since other races will also be occurring at that time. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-147. Councilmember Mohrig seconded the motion. The motion passed (6-0). Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 11 of 13 2. Consideration of a Resolution of the City of Milton for a New TSPLOST Account with Georgia Fund 1 State Investment Pool Account. RESOLUTION NO. 18-05-474 (Agenda Item No. 18-148) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager This is a resolution that is required to create or change anything we have regarding a Georgia Fund 1 State Investment Pool Account. It is an account that municipalities can participate in and typically earn a higher interest rate. In the packet, a monthly yield was quoted but that is actually an annual yield. The yield is normally higher than a money market account. This is to create a new TSPLOST account so that any interest that we use on that can go back into our TSPLOST projects. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 18-148. Councilmember Jamison seconded the motion. The motion passed (6-0). 3. Consideration of a Resolution of the City of Milton to Revise the Authorized Signers and Contact Information for the City's Georgia Fund 1 State Investment Pool Account. RESOLUTION NO. 18-05-475 (Agenda Item No. 18-149) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager This is a resolution that will change the authorized signers on the Georgia Fund 1 State Investment Pool Account. This resolution will also update our new City Hall address on the account. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-149. Councilmember Longoria seconded the motion. The motion passed (6-0). MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Parks & Recreation Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pra Page 12 of l3 Sara Leaders, Transportation Engineer Our April TSPLOST revenues were $556,000. The county conducted an update to the projections in which the new projected total will be approximately 89% of all of the planning projections. Currently, our cumulative revenues compared to our projected revenues is 86%. The projects in concept are Hopewell at Bethany, Hamby and Thompson. Also, SR 140 at Green. The project in design is the NE Crabapple. Upcoming construction is Freemanville at Providence and Morris at Webb. The project in construction is GDOT Crabapple project. Bob Edgar, Fire Chief The department purchased an ATV which has a patient transport capability where we can get into the deep part of Birmingham Park. We have had a few situations where individuals have been injured riding horses in the park and it has been difficult to get them out of the park. The public safety fair at Fry's is May 18-19. We will be serving hot dogs. Our next CERT class will begin this summer. Our community paramedicine program now has 32 participants which has been a very successful program. Our firefighters have completed inspecting 2,582 fire hydrants throughout the city. Our fire responses are up 21%, our EMS responses are up 25% and our fire inspections and plan review are up 35%. We are getting a lot busier. Jim Cregge, Parks and Recreation Director We have done a lot of work on the Wall of Fame. The board has created a community based voting process that has been successful. We are also working on all the memorial requests we have been receiving. We are creating a process for this. We are analyzing our program partner's fee structure to create an incentive to utilize the fields. We had a terrific turnout for the Golden Games. We will be starting Camp Joyful Souls the beginning of June. We are now able to support 30 campers each week since we are now using the Milton High School facility. Two hundred children are registered for this camp which is a record high. The Milton Mustangs swim team has 70 members which is fantastic. Tomorrow we will begin selling season passes for the pool. Milton and Alpharetta residents will have the first opportunity to purchase a pass then we will open it to the public after Memorial Day weekend.. Motion and Vote: Councilmember Longoria moved to go into Executive Session to discuss land acquisition at 7:15 p.m. Councilmember Mohrig seconded the motion. The motion passed (6-0). Regular Meeting of the Milton City Council Monday, May 7, 2018 at 6:00 pm Page 13 of 13 RECONVENE Motion and Vote: Councilmember Kunz moved to reconvene the Regular Meeting at 8:30 p.m. Councilmember Mohrig seconded the motion. The motion passed (6-0). ADJOURNMENT (Agenda Item No. 18-150) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 8:31 p.m. Councilmember Longoria seconded the motion. The motion passed (6-0). Date Approved: June 4, 2018 � ? lL.�C Sudie AM Gordon, ty Clerk Joe Lockwood,: or No Text STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council Work Session of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At a regularly Scheduled Council Meeting held on May 7, 2018, at 6:00 PM the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] 1. X discussion or voting to authorize negotiations to purchase, dispose of, or lease property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate; entering into contract to purchase, to dispose of, or lease property subject to approval in a subsequent public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a subsequent public vote pursuant to O.C.G.A, 50-14-3(b)(1)(B-E); 2. discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C.G.A. 50-14-3(b)(2); 3. attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(1). 4. other (explanation): I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. SWORN TO AND SUBSCRIBED before me This 7th day of May, 2018. Notary Public My Commission MAYOR JOE OCKWOOD No Text