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HomeMy WebLinkAboutMinutes CC - 08/18/2014 - MINS 08 18 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, August 18,2014 at 6:00 pm Page I of 16 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 August 18,2014 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Mohrig, Councilmember Lusk, and Councilmember Hewitt. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 14-227) Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss land acquisition. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT Christine Langlands, 500 Greenview Terrace, Milton, Georgia 30004 I am speaking to you tonight regarding Advanced Disposal's application for expansion to handle municipal waste. Our community is concerned that this will result in lower property values, difficulty in selling our homes, decreased quality of life, and environmental issues from vermin, pollution, and waste Regular Meeting of the Milton City Council Monday, August 18,2014 at 6:00 pm Page 2 of 16 water runoff. Milton citizens do not want waste transferred to a location that borders Milton properties and is a half mile from large Milton subdivisions. I urge you to spend the time to research the past behavior and applications of Advanced Disposal to see their intentions. I encourage you to enlist the support of Fulton County and the state of Georgia to protect our community. I have heard from thousands of individuals from all of our neighboring cities and not one person is in favor of Advanced Disposal's request. I will be disappointed if we look back one day and wish we had put more effort into stopping this request. We need to research the laws and ordinances that are currently in place to protect our city. I recently met a lady, Carolyn, who fought very hard several years ago to stop a waste dump from being located at the site where Crooked Creek Subdivision exists today. She was instrumental in getting the Georgia Solid Waste Management Act passed which protects counties on both sides of the border. Please refer to Article 2, Chapter 8, Title 12 of the Official Code of Georgia which is the Solid Waste Management Act. I am urging you to fight for Milton and do whatever is necessary to keep this waste dump from being located right next to our wonderful city. David Langlands, 500 Greenview Terrace, Milton, Georgia 30004 I would like to bring to your attention two properties that are located at 5670 and 5680 Shirley Industrial Way. These are parcels located in Forsyth County that directly abuts Milton. The nearest intersections are State Highway 9 and Francis Road and since early 2012 these properties have operated as a recycling/collection facility. In October 2013, the owner, Slade Holdings applied for a new conditional use permit from Forsyth County that represents a major change in the nature and scope of the processing that would be performed on the property. Mayor Lockwood, I would like to thank you and approximately 200 other concerned Milton and Forsyth County citizens, for attending the meeting that was held by Forsyth County Commissioner, Todd Levant, Thursday night. In that meeting, we learned the facility has applied to become a materials recovery facility otherwise known as MURF. They want to store, process, and separate solid waste. This is a completely different use from the original permitted use of this property. In addition, they want to expand the facility from 35,000 square feet to 75,000 square feet. Also, the property already has a 20% variance in the reduction of the required setback between it and Milton. It also has a variance that is a 67% reduction of the buffer between the property and Milton. It is located approximately 150 feet from the nearest Milton residential lot and is adjacent to an active farm and garden for a local restaurant. Forsyth County has previously rejected the attempt to process solid waste at this location three times. On the documents provided by Forsyth County regarding this issue, there is a place for the City of Milton to comment. As of today, Milton has not made an official comment regarding this situation. I urge you to take action and let Forsyth County know that the City of Milton is in opposition of this issue. Natasha Turner, 13300 Morris Road, #123, Milton, Georgia 30004 I have lived in Milton for over 13 years. Milton's logo is "Home of the Best Quality of Life in Georgia". I started, "A Smelly Plan" because there is a lot of misinformation being circulated. I urge you to get the facts. I encourage you to research the situation and give Milton a strong voice. Thank you. Tony Rached, 13300 Morris Road, #166, Milton, Georgia 30004 I am a U.S. citizen and I own a successful business in Alpharetta. In 2005, I lived at the Fairview subdivision off of Morris Road before the city of Milton was established. In 2007, I moved to Alpharetta where I have lived for the past seven years. I recently moved back to the Fairview subdivision. While I lived in Alpharetta, I never noticed a regular police check point or reoccurring speed trap. I have only been back at the Fairview for two weeks and I have consistently seen several police officers outside my subdivision ticketing people. I do not tum a blind eye to injustice. I grew up Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6 :00 pm Page 3 of 16 in the Middle East and I know what a police state looks like first hand. I have four questions for the City Council. Why is the speed limit on Morris Road in the four lane section 35 miles per hour? Why hasn't there been a traffic light installed at the intersection of Morris and Webb Road? The traffic this morning stretched beyond Bethany Bend. What percentage of all the citations given by the City of Milton occurred within a half a mile of the Morris Road/Webb Road intersection? How does that percentage compare with the rest of the city? I think it is probably disproportional. Is it the intention of the City of Milton to increase enforcement and the targeting of motorists in that area due to the racial and socioeconomic blend of people who live there; townhouses, apartment complexes, etc. Why aren't there signs that say, "Speed Limit Strictly Enforced"? Furthermore, who decided that policing in that area should be escalated? When were the traffic ordinances of the City of Milton last updated for that particular area? J. S. Wanita Rocca, 13770 Brittle Road, Milton, Georgia 30004 I wanted to protest what is probably a done deal. It is the commercial enterprise of the kennel that is being built at the comer of Cogburn and Hopewell Road. My friend has done a lot of research and you have answered her questions. I came to a meeting previously when it was on an agenda but it was pulled and not discussed and I have been looking since then and it has not been brought up but the building has already started and there are variances that have been approved but have not been adhered to. My complaint is that it is a commercial enterprise in the middle of a residential section of the city. My daughter was interested in purchasing a piece of property across the street from it but now she is afraid to because she knows the value of the properties around there will be reduced. There will be 50-80 dogs barking and there will be a lot of noise. I am also concerned about the waste that will be generated since all of the properties in the area are on septic . I know this has been approved but I don't think the decision was well thought out. Kennels are noisy and smelly. CONSENT AGENDA 1. Approval of the July 14, 2014 City Council Work Session Meeting Minutes. (Agenda Item No. 14-228) (Sudie Gordon, City Clerk) 2. Approval of the July 21, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-229) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending July, 2014. (Agenda Item No. 14-230) (Stacey Inglis, Assistant City Manager) 4 . Approval of a Contract Renewal between the City of Milton and AT&T for Switched Ethernet Services . (Agenda Item No. 14-231) (David Frizzell, IT Manager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda . Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page 4 of 16 REPORTS AND PRESENTATIONS 1. Presentation of a Flag Certificate to the City of Milton. (Presented by the Sons ofthe American Revolution, Piedmont Chapter) FIRST PRESENTATION (None) PUBLIC HEARING (None) Zoning is transcribed verbatim ZONING AGENDA (None) 1. Consideration ofU14-01NC14-02 -14505 Batesville Road, by LRF Milton, LLC -To Operate a bed and breakfast (Sec. 64-1802) with Four Guest Rooms within an Existing Home and a Concurrent Variance to Increase the Building Setback along Batesville Road from 20 Feet to 400 Feet [Sec. 64-1145(3)(a)]. (Agenda Item No. 14-223) ORDINANCE NO . 14-08-215 (First Presentation at August 4,2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Thank you, Mr. Mayor and members of the city council. The first slide shows the site outlined in red for the proposed bed and breakfast. City Attorney Jarrard Mr. Mayor, before the staff presentation continues I believe we may have a recusal. Councilmember Thurman Yes. City Attorney Jarrard And, what is the reason for that recusal? Councilmember Thurman Based on my conversation with our city attorney because I am an adjacent property owner, my family is an adjacent property owner, so I will need to recuse myself from this vote. Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page 5 of 16 City Attorney Jarrard Thank you. Just to add to what Councilmember Thunnan just said, typically in the context of land use decisions, if a member of the governing authority does in fact own property that is adjacent to the property that is being zoned or permitted for land use, case law indicates that that councilmember or board member is deemed to have a substantial interest in that matter for which can indicate both an upward increase or a decrease in property values. Recusal is appropriate. Councilmember Thurman And, in this case, the property is actually owned by a family LLC but I am the managing member of the LLC. City Attorney Jarrard Same analysis, thank you, Councilmember Thurman. Kathleen Field Thank you. So, the next slide shows the current zoning and it is zoned AG-l. The 2030 future land use map shows this area. The intention was for it to be agriculture, equestrian and estate residential. This is a copy of the site plan submitted on May 28 th to us and the structure is sort of in the center on the eastern side. I don't have my north hour right. It is almost in the center. The subject site is zoned AG-l, Agriculture, and developed with a 10,500 square foot single family residence and other accessory structures built between 1910 and the present on 80.12 acres. Based on the applicant's revised site plan submitted to the Community Development Department on May 28, 2014, Staff offers the following considerations: In the applicant's letter of intent received by the Community Development Department on May 28, 2014, it indicates that the applicant seeks a Use Permit for a Bed and Breakfast within the 10,500 square foot house to be in conjunction with a future wedding event facility. Staff notes that the request for the Rural Event Facility Use Permit will come before the Planning Commission on August 27, 2014 for review. Only this structure will be utilized as a bed and breakfast and not any of the other buildings on the approximate 80 acre farm. The site plan meets all of the required development standards for the bed and breakfast use permit. 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 proposed use and development is in conformance with the requirements of the Northwest Fulton Overlay with the exception of the building setback discussed below. We are using the Northwest Fulton Overlay because at the time this application came in; the Northwest Fulton Overlay was still in existence. The applicant is requesting the following concurrent variance. VC14-02 -To increase the building setback along Batesville Road from 20 feet to 400 feet (Sec 64­ 1145(3)(a)) Based on the date of application, the proposed Use Permit for a bed and breakfast is required to follow the Northwest Fulton Overlay as it was written prior to the amendments approved by the Mayor and City Council on June 16,2014. The bed and breakfast is proposed to be within the existing 10,500 square foot home located approximately 400 feet from Batesville Road. The Northwest Fulton Overlay District requires non­ residential buildings to be located 20 feet from the edge of the required landscape strip or easement. It is Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page 6 of 16 Staffs 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 based on the location of the structure prior to the adoption of the Overlay. 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 VC 14-02. City Arborist comments: The proposed Use Permit will not impact any specimen trees based on the fact that there will be minimal improvements to the site. Fire Marshal comments: The bed and breakfast 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. Public Works Department comments: Stopping sight distance profile is provided and traffic memo states intersection sight distance is adequate. Driveway width and radius returns within the right of way do not meet standards. A Community Zoning Information Meeting was held on June 24, 2014 at Milton City Hall and the applicant was present. There was no one else in attendance at the meeting. City of Milton Design Review Board Meeting Courtesy Review was held on July 8, 2014. The following comments were made at the meeting: This is a good use of the property. The proposal fits the rural character of Milton. The applicant submitted the Public Participation Report on June 23, 2014. The public participation meeting was held on June 17,2014 at the proposed site. There were no members of the community to attend the meeting. The Planning Commission recommendation at their June 23 rd meeting was approval/conditional of U14-01 as well as VC14-02 with a vote of 6-0. 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 the AG-l (Agricultural) district which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policies are consistent with the proposed use: • We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs. • 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. The subject site is adjacent to the Little River which is the border between the City of Milton and Cherokee County. To the north and east there are single family residential subdivisions with minimum one acre lots. To the south is the Atlanta National Golf Club. It is Staffs opinion that the bed and breakfast is compatible with adjacent and nearby properties if it is approved with the Recommended Conditions. The proposed use is in violation of one requirement of the Northwest Fulton Overlay District. The applicant is requesting a concurrent variance to come into compliance with the requirement. 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 typically not during the week. The applicant has not indicated hours of operation. Staff makes the assumption that the house will be accessible twenty-four hours a day to serve their guests. The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. If approved with the Recommended Conditions, the proposed bed and breakfast is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U14-01 be APPROVED CONDITIONAL. Regarding the Concurrent Variance, Staff recommends APPROVAL CONDITIONAL of VC 14-02. If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Bed and Breakfast CONDITIONAL subject to the owner's agreement to the following enumerated conditions: The existing accessory buildings shall not be expanded in size as depicted on the site plan received by the Community Development Department on May 28, 2014. Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page 7 of 16 The number of guest rooms shall not exceed four (4) within the 10 ,536 square foot house depicted on the site plan received by the Community Development Department on May 28 , 2014 . To the owner ' s agreement to abide by the following: To the site plan received by the Community Development Department on May 28,2014. 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. Provide a 400 foot building setback for the house utilized as the bed and breakfast along Batesville Road. Access to the site shall be subject to the approval of City of Milton Public Works Department. Any questions? Councilmember Longoria You said that this other matter would be coming before us in October but in your slide it said August. I just wanted to make sure we have the right date. Kathleen Field That was for the Planning Commission. I ' m sorry. So , it is August. That is correct. Thank you for that correction. Councilmember Lusk Kathy, on the last point here 4(a) access to the site shall be subject to the approval of Public Works. I drove that access today and it is quite narrow and curvy. What actually has been proposed by Public Works? Carter Lucas, Public Works Director Well, typically, at this point what we would look for are any improvements at the entrance itself once they get back onto the site the access road will be as they see fit. As long as we can get safe entry and exit from the public right of way, that is where we are going to be primarily looking. At this point, I have not seen any proposal on it but typically it would not come forward until we get to the development stage. Councilmember Lusk What about from the Fire Marshal ' s standpoint of accessibility of equipment. With it being 400 feet off the road , I am concerned about us being able to service the facility if there was an emergency. Carter Lucas I ' m sure the Fire Marshall will have some comments as they move through the process just to make sure they can get access to the property. Councilmember Hewitt This application is separate from the one that is coming forward to us? Kathleen Field That is correct. This is solely for the bed and breakfast. The one coming forward will be a use permit for a rural event facility. Councilmember Kunz I guess the rules they have to abide by the bed and breakfast, they have to live in there , is that correct? Regular Meeting of the Milton City Council Monday, August 18 , 2014 at 6 :00 pm Page 8 of 16 Kathleen Field Yes. That is correct. Councilmember Kunz How do you monitor that? Kathleen Field They will have a business license and they will have to come in every year and so we certainly have the ability to send code enforcement out to check to make sure that the conditions are being adhered to and then we can withhold the business license. Councilmember Kunz I was just curious because some of the neighbors were concerned about that not being self-controlled. Councilmember Mohrig And as I understand it, access is going to be on Batesville Road not Taylor Road. So, we are not changing the access to the house. It is still the existing drive that Bill talked about? Kathleen Field Yes, that is my understanding. Yes. Councilmember Mohrig And, then limited to just four rooms; guest rooms. Kathleen Field That is right and I am sure the applicant can speak to this but it is our understanding that they will be related to the event facility should that indeed get its use permit event eventually. Councilmember Mohrig But, tonight we are only voting on the bed and breakfast portion? Kathleen Field That is correct. Rich Kaye, Taylor English Duma, LLP, 1600 Parkwood Circle, Atlanta, Georgia 30339 Good evening, Mayor Lockwood and members of the council. My name is Rich Kaye. I am an attorney with the law firm of Taylor English Duma. I am here today with my clients who are the owners of the property. They are the trustees of the Julie Mitchellivey trust. Sam Ivey and Joe Ivey are here with me as well. Several years ago I had the pleasure of meeting Mr. George Ivey who had been living at the house for approximately 60 years. I walked the property with him several times during meetings and one of the things that he desired after he passed was that the house and the farm remain in tack. And, the trustees would tum the property into a bed and breakfast; into an events facility, a place for a wedding, restaurant, something where the community could come and visit the site and enjoy it just like he had enjoyed it for so many years. We have applied for a bed and breakfast as you know. The setback is an interesting point. Prior to the death of Mrs. Ivey, there was a terrible water leak in the property which destroyed much of the downstairs. The bathtub was left on for about 20 hours and water just went everywhere. As part of our permitting to do the residential renovation, we consulted with Matt Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page 9 of 16 Marietta of the Fire Department and discussed with him and our builder, Al Ingram who is here as well, our future plans to develop this site and the house as a bed and breakfast. And, if we are going to go ahead and renovate the house anyway, what will we need to do to do that? We went round and round on various aspects of what the fire code required. But, to address several of the comments about the 400 foot setback, there really are no fire hydrants. So, whether it is 400 feet or 75 feet, it really doesn't come into play like it would in the normal commercial ordinance where you want a new commercial business to be within 75 feet so that we can have access. So, there are no fire hydrants with direct access but what we have done is put together a very expensive well based sprinkler system so we have plenty of water in a separate well that will provide the type of sprinkler system that was required if we went forward with the bed and breakfast. When we were doing the renovation work, we made sure that we consulted with Matt to make sure that whatever we did would comply with this particular use . So, obviously, the sprinkler has not been approved for anything but a residential use but again, what we have tried to do is do those renovations in contemplation of what we were going to do in the future. This property, and I know that you were there recently so you have seen it and some others have come as well, it is 80 acres. It is a beautiful piece of property. We believe that this use is very consistent with the overall plan of the city to keep as many rural and pastoral view sheds as possible for the city. From an economic point of view, it is very difficult for a trust that has beneficiaries to maintain that piece of property without it at least paying for itself. We believe that through the types of special uses that we are seeking that it will be able to pay for itself as opposed to sub-dividing it to another group of subdivisions which is certainly an option. Again, it is not an option that we really want to do. We think that this use fits in very well. The other thing is, councilman you mentioned, how do you police the people living there; they will be living on the grounds. In fact, Mr. Ivey will get married shortly and their plans are to move there permanently . He lives there now and he and his wife will be living there as well. Again, it is our intent to preserve the nature, property, and showcase that property and we really appreciate your support for the special use permit. Ken Morton, 14732 Taylor Valley Way, Milton, Georgia 30004 My home is located within a few hundred yards of the north side of the Ivey property. I was very pleased to hear that the Ivey's wanted to keep the family farm in place and I support the approval of a bed and breakfast as proposed. This is a much better alternative than having another subdivision putting even more traffic on Batesville Road seven days a week. The morning traffic, as you know, coming in commuting from Cherokee County on Batesville Road backs up some mornings almost to Chicken Creek. If we have a landowner that chooses to keep a vast majority of their land in green space and the council places conditions that prevent further expansion of this bed and breakfast, then I am in complete support. My family has been in Milton since the 1860's and I, like most all Milton citizens, want to see as much preservation as possible. But, I also understand that property owners have legal rights to sell or develop their property within the zoning laws that are in place. This bed and breakfast would be a great use for this property. City Clerk, Sudie Gordon, read the following comments into the record: Candy Anderson, 110 Taylor Valley Court, Milton, Georgia 30004 My husband, Tim and I, live at 110 Taylor Valley Court in Taylor Glen and wanted to say we support the bed and breakfast only because we don't want to see the farm destroyed and have more houses go up. I love the farm and peaceful living out there and don't want to see any further development, really, that takes away from the rural living that we love so much. But, I really don't want to see another development go up on that beloved farm. Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page 10 of 16 Larry Boese, 14772 Taylor Valley Way, Milton, Georgia 30004 Mr. Mayor, City Council, and Milton citizens, my name is Larry Boese and I have lived in Milton and in the Taylor Glen neighborhood for over 10 years. As some of you may know, our neighborhood is in close proximity to Little River Fanns (LRF), the acreage requesting a rezoning. In my entire 10 years in Milton, LRF has been nothing short of a steward of land and an excellent neighbor. I would strongly support any rezoning requests for this operation and the owners who have been pillars of our community for years. Thank you for your attention to this matter and the time allowed me. Tim Anderson, 110 Taylor Valley Court, Milton, Georgia 30004 My wife, Candy, and I live at 110 Taylor Valley Court which is right next to the proposed bed and breakfast. I wanted to express our support of the bed and breakfast project. Cheers, Tim. Keith Crandall, 14700 Taylor Valley Way, Milton, Georgia 30004 My name is Keith Crandall. My wife, Lisa, and I live at 14700 Taylor Valley Way. Our property is adjacent to the Ivey's where they are proposing a bed and breakfast. I am out of town on work related travel but wanted to express my support of the project. Thank you. Mayor Lockwood I am fortunate enough to have had a few visits over to meet Mr. Ivey and look at the property. It is a beautiful piece of property and I commend the Ivey family for trying to fulfill his wishes and also share this beautiful piece with the community. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 14-223. Council member Longoria seconded the motion. The motion passed unanimously (6-0). Council member Thurman recused herself from the vote. 2. Consideration ofRZI4-12 -To Amend Article XIX -Crabapple Fonn Based Code. (Agenda Item No. 14-224) ORDINANCE NO . 14-08 -216 (First Presentation at August 4, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Thank you, Mr. Mayor and members of the council; the proposed amendments to the Crabapple Fonn Based Code deals essentially with three issues. The first is to change essentially the citations delineating this area as an overlay into one district. This was from the request of the council to make that change . Secondly, in order to clarify the ability of the city to sell our Transfer of Development Rights to others, again from the advice of council; there was a request that we change the definition of Transfer of Development rights. You will see those changes on page 36. Lastly , this was staff generated; this last amendment is a request to delete the requirement of half-round gutters within the Crabapple Fonn Based Code. Our experience has been that over the past two years since the adoption of this ordinance, every builder has requested a warrant for variance for this requirement. We have made it still an option but not a requirement. In its place, staff proposes to allow ogee gutters which are the typical type of gutters Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page II of 16 installed on homes. We only make this change in the Crabapple Form Based Code. So, those are the three areas where we would propose amendments to the Crabapple code. Laura Rencher, 1060 Birmingham Road, Milton, Georgia 30004 I am speaking tonight because this is the only opportunity for the public to make a comment about the use of the city park land for this TDR ordinance the first transaction. So, since it is the only opportunity I am going to take it because I am opposed to the language being changed because I don't believe it is appropriate for park land to be used for this particular ordinance. So, the most important thing to understand about my concerns about using park land for the TDR is that the purpose of a TDR program is to save worthy land within a designated sending area that would otherwise become developed. It is particularly appropriate for landowners who don't want to sell their land and see it developed but have financial pressures to sell. Every review of literature regarding land conservation stresses the success of such a program is directly related to how it is implemented. Community education and support as well as political will are critical. Just as Dr. Tom Daniels stated, that he repeated over and over, seeing neighbors participating in the program is what will make it successful. Regarding the city's TDR program, the first public education meeting on TDR's was widely acknowledged as a failure. I attended the meeting and I believe that its failure was largely directly related to the lack of community education of by in as well as the speaker was technical and did not relate to the audience and as a result, many people clearly did not understand the program. It is safe to say that this meeting did not generate needed interest in the program. Now, this first transaction of TDR's is another and better opportunity for the community buy in education, however, staff has chosen to bastardize the program by using city park land for the transaction. TDR's are supposed to be to keep land conserved and out of the hands of developers and park land is already both of these things simply because of its ownership by the city. I suppose you could say that because it is AG-l land there is no legal reason to keep it from being developed, however, if that was a concern you would assume that you could actually go ahead and put a legal voluntary conservation easement and that would be much more appropriate. The misuse of this ordinance comes from the fact that the ordinance is designed for designated worthy land of conservation that is at risk. And, it is mainly designed to be used by private residents within the city. When I first heard about the city's plan in April, I contacted the community development staff responsible for TDR's and explained the need for community education. The importance of the first TDR transaction for publicity and the neighbors to see neighbors to complete a TDR transaction in order to trust the process. I offered my own property and sent a recent survey of the land to show that it has three TDR's available. I stated I would make the transaction as easy as possible to everyone because this opportunity was so important to educate the community. The money is not important to me. The staff person said she would let the director know that I called . I was never contacted about my offer despite my enthusiasm, knowledge or interest in promoting the program through participation. I also approached Laurel Florio assuming she was the next person I should talk to related to the city. And, as you know she is an attorney and conservation expert who had just been hired by the city. She agreed with all the points I mentioned and offered to look into the situation. Laurel followed up with me and said that while she agrees with me, the city administration had decided that due to the complexity of the transaction, the cost involved in evaluation, and the city's lack of experience with TDR's, they were going to conduct the transaction as planned with city park land. Thankfully, this TOR program had a budget of $75,000 so it is really hard for me to understand why staff would not already know every detail of implementation on this transaction. Now, my neighbor, Jim Bell, who owns 7-8 acres of lovely pasture between us, has told me that he plans to put his land up for sale. I asked him if funds from the TDR program would make a difference in that decision and he said, "Yes". He is representative of many other, many others, in this city that are in the same position. They don't want to sell their land, they Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page 12 of 16 don't want it to be developed, they love their land, but financial reasons are forcing them to sell. Developers are the ones who are buying right now as evidenced by the current population of bulldozers exceeding that of deer in the city right now . I believe part of the rationalization by city staff is that the transaction is just three TDR's. Again, this demonstrates a lack of understanding of that that means for land conservation in the community. The money from those three TDR's could help landowners like Jim; avoid having to sell his land. It also could save three acres of land along the rural view shed of a large plat that would otherwise become part of a subdivision. Unfortunately, it appears the primary use of this particular transaction is to give the developer the needed density to build the structure that was approved by the council because the public will see no real land conservation to accompany it. The bottom line appears to be that there is a lack of understanding of (1) the urgency of the situation in the rural areas of the city; (2) the importance of community support and the success of Milton's plan conservation efforts; and (3) the role of the TDR program in the city's land conservation program. Thank you. City Clerk, Sudie Gordon, read the following comments into the record: Joan Borzilleri, 540 Kings County Court, Milton, Georgia 30004 I understand that these two items contain references to Transfer of Development Rights. TDR's are meant to be used by private citizens to retain undeveloped land in a rural area while allowing said development in a more high density part of the city. Park land owned by the city is already protected from development and should not be part of the equation. Councilmember Longoria I just wanted to ask our city attorney or maybe Chris, you could address this. The use of TDR's is something that isn't done without the council's approval. Is that correct? In other words, no TDR transaction can take place, certainly not from property that is owned by the city without the city council's approval? City Attorney Jarrard That is correct. Councilmember Longoria Even TDR's that are out in the wild that two developers might negotiate between themselves , I think that still has to come before the city council for approval. Is that correct? City Attorney Jarrard That is correct. Councilmember Kunz In regards to the points that were made in public comment, I know as a point of direction from staff sometimes we think that there is the chicken or the egg syndrome which comes first, the developers or those that are selling the TDR's and developers want to buy and people want to sell. I know we have had some in regards to park land. I think that was a good things in regards to meeting the use of that but the question was how do we determine the price of a TDR for citizens that are out there as well that may want to utilize that program, I would just like to encourage staff to try to collect information on interested parties with TDR's and potential pricing. It is a free market system and if someone wants to sell a TDR and wants to have a price out there then you can get the developer interested. We will be able to have a contact in that regard. Obviously, this is the first one. There are always some hiccups on Regular Meeting of the Milton City Council Monday, August 18 , 2014 at 6:00 pm Page 13 of 16 the first ones but I think as we go forward if we have a collection of knowledge of people who are willing to sell a TDR for a price, our role is in essence the broker to make sure that we get that to happen. So, the chicken or the egg syndrome, if there is a lot of supply of TDR 's that may encourage some development from the developer's side in our commercial zones. So , just direction. Councilmember Thurman I've got a question for the city attorney. Is it possible for the city to buy TDR rights from some of these people who are wanting to sell it. If our real goal is to try to preserve land, what better way to preserve it than for the city to actually buy up the rights and we may one of these days sell them to a developer who needs it. But, if there are those who want to sell it, then we want to preserve their land , why can't we buy it? City Attorney Jarrard I don't know if we can 't but, Council member Thurman, what I will ask of you is that I will look at that question and provide a formal response back to the council siting specifically to the code. That would be my request. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-224. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). 3. Consideration ofRZ14-13 -To Amend Article XX -Deerfield Form Based Code. (Agenda Item No. 14-225) ORDINANCE NO . 14-08-217 (First Pres entation at August 4, 2014 Regular City Council Meeting) (Kathl een Fie ld, Community Development Director) Kathleen Field, Community Development Director Thank you. Mr. Mayor the proposed amendments for the Deerfield Form Based Code are similar to those of Crabapple in that we would propose amending the citations that relate to calling this ordinance an overlay and change it instead to a district. And, then secondly, to amend the definition of Transfer of Development Rights. And , those would be the two proposed amendments for the Deerfield Form Based Code. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 14-225 . Councilmember Hewitt seconded the motion . The motion passed unanimously (7-0). End of verbatim transcription UNFINISHED BUSINESS (N one) Regular Meeting of the Milton City Council Monday, August 18,2014 at 6:00 pm Page 14 of 16 NEW BUSINESS 1. Consideration of a Change Order between the City of Milton and Astra Group, Inc. to Accept Bid Alternate #1 to Install a Second Synthetic Turf Field at Bell Memorial Park. (Agenda Item No . 14-232) (Carter Lucas, Public Works Director) City Clerk, Sudie Gordon, read the following comments into the record: Ken Morton, 14732 Taylor Valley Way, Milton, Georgia 30004 We desperately need more turf fields. Council, please approve this change order. Carter Lucas, Public Works Director Under the current plan for Bell Memorial Park, one of the rectangular fields is currently programmed to be a synthetic turf field and the second is scheduled to be a natural turf field. This change order is to convert the second natural turf field to an artificial turf field so that the park will have two rectangular artificial turf fields. Motion and Vote: Council member Longoria moved to approve Agenda Item No. 14-232. Council member Kunz seconded the motion. The motion passed unanimously (7-0). 2. Consideration of the Approval of Change Order #3 to the Professional Services Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. (Agenda Item No. 14-233) (Jim Cregge, Parks & Recreation Director) Jim Cregge, Parks and Recreation Director Thank you for the approval to build the second synthetic turf field. Concurrent with that change, we will now have to change some of the construction documents and our engineering and design team, Foresite Group, has asked us for an increase in the current contract of $3,900 to affect those changes and be able to get the revised plans to the Astro Group. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-233. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). ST ATE OF GEORGIA ) ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS ) CITY OF MILTON ) Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first du Iy sworn, certifies under oath and states to the best of his knowledge and belief the following: At a Regularly Scheduled City Council Meeting held on August 18,2014, 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] I. 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-l4-3(b)(l)(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-l4-3(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. \\\\1"",/SWORN TO AND SUBSCRIBED before me "\l GOR "" this 18th day of August, 2014 . "" ~\'1.:••5••,0•••••00',,,'".... ..·.,'5 "'.. 'A _ '" ~ CO •• ~,.. ~+.•• -y '" -. I()O ~•• L~ :: "l7:;.. ~oT~)-~.~ Q,. = _ ~~i:E ..-U>j(5~11:q __­ ~~ _=-cP. \ .oUBL\V ; cr::~~ •• vC'f,r_ '_----""--___~___-+-_____,-'!<.......L~ ~•• 0 ...' .~ /-. •• 'tv. ",r::.. l.ii ...Notary Pu bl IC ~ L •• •• '4RY Z6; •• •• 0 ~. ~.,C········'-t " My Commission Expires: -"'" OUN' ~"" 1111""",\ .­ .... .. Regular Meeting of the Milton City Council Monday, August 18, 2014 at 6:00 pm Page 15 of 16 3. Consideration ofa Resolution by the City of Milton Electing to Acquire Providence Park from Fulton County in Accord with O.e.G.A. 36-31-11.1. (Agenda Item No. 14-234) RESOLUTION NO. 14 -08-310 (Ken Jarrard, City Attorney) Laura Rencher, 1060 Birmingham Road, Milton, Georgia 30004 I am glad we are purchasing more park land so I am supportive of that, however, I would like the council and the staff to consider putting a conservation easement on this property after it is acquired so we don't run into the situation with the TOR's being misused again. We need to realize that we have legal ways to protect park land. There is not enough receiving area to meet the sending area acreage. So, there is no reason for us to be using park land for TDR's. We don't have enough space to receive all the acreage we need to save. So, this is wrong in about 25,000 ways. I hope you will consider putting a conservation easement on this land so we won't have to have this discussion again. City Attorney Jarrard Under O.C.G.A. 36-31-11.1 the city has the right to acquire park land that is owned by another jurisdiction which in this case is Fulton County. This land has been under environmental remediation for years and the remediation is now complete. This is a resolution stating that the city chooses to buy down this park land for the price of $100 per acre in accordance with this state law. We are making demand that this occur no later than October 1, 2014. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 14-234 no later than October I, 2014 or as of the time that monitoring equipment has been removed from the site. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS STAFF REPORTS EXECUTIVE SESSION Motion and Vote: Councilmember Lusk moved to adjourn into Executive Session at 7:50 p.m. to discuss land acquisition. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, August 18,2014 at 6:00 pm Page 160f16 RECONVENE Motion and Vote: Councilmember Mohrig moved to adjourn back into the Regular Meeting at 8:00 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). ADJOURNMENT (Agenda Item No. 14-235) Motion and Vote: Council member Mohrig moved to adjourn the Regular Meeting at 8:01 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). After no further discussion the Regular Council Meeting adjourned at 8:01 p .m . Date Approved: September 8,2014. / Joe LoCkw # r