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HomeMy WebLinkAboutMinutes CC - 05/21/2018Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 1 of 20 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 21, 2018 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Sarah LaDart CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Jamison, Councilmember Kunz, Councilmember Bentley, and Councilmember Mohrig. Councilmember Absent: Councilmember Longoria. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-151) Motion and Vote: Councilmember Bentley moved to approve the Meeting Agenda. Councilmember Mohrig seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. PUBLIC COMMENT (General) (None) Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 2 of 20 CONSENT AGENDA 1. Approval of the Financial Statements and Investment Report for the Period Ending April 2018. (Agenda Item No. 18-152) (Bernadette Harvill, Finance Director) 2. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. to Provide Geotechnical Design Services for the SR9 Court/Police and Fire Facilities. (Agenda Item No. 18-153) (Carter Lucas, Assistant City Manager) 3. Approval of an Intergovernmental Agreement for the Provision of Animal Control Services between Fulton County, Georgia and Milton, Georgia. (Agenda Item No. 18-154) (Ken Jarrard, City Attorney) 4. Approval of a Professional Services Agreement between the City of Milton, Georgia and The Board of Regents of the University System of Georgia by and on Behalf of the University of Georgia, a Georgia Land -Grant Institution of Higher Education, to Research and Provide Recommendations Towards the Implementation of a TDR Bank for the city of Milton. (Agenda Item No. 18-155) (Michele McIntosh -Ross, Principal Planner) 5. Approval of a Professional Services Agreement between the City of Milton, Georgia and CH2M Hill Engineers, Inc. to Provide Greenspace Bond Property Acquisition Services. (Agenda Item No. 18-156) (Carter Lucas, Assistant City Manager) 6. Approval of a Professional Services Agreement between the City of Milton, Georgia and Kimley-Horn and Associates, Inc. for Trail and Park Planning and Design Services. (Agenda Item No. 18-157) (Carter Lucas, Assistant City Manager) 7. Ratification and Approval of a Retirement Agreement between the City of Milton and the Director of Community Development. (Agenda Item No. 18-158) (Ken Jarrard, City Attorney) Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 3 of 20 8. Approval of Subdivision Plat and Revision A royal: Name of Development / Location Action Comments / Total Density # lots Acres 1. 15370 & 15376 Birmingham Highway LL 486 Minor Plat 2 Lots 2.63 .76 Lots / acre Birmingham Highway (Agenda Item No. 18-159) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda Items. Councilmember Kunz seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. REPORTS AND PRESENTATIONS Proclamation Recognizing Memorial Day 2018. (Mayor Joe Lockwood) 2. Presentation of Executive Fire Officer Designation to Deputy Fire Chief, Matt Marietta. (Robert Edgar, Fire Chief) FIRST PRESENTATION 1. Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages, Sections 4-52 and 4-533 of the Code of the City of Milton, Georgia. (Agenda Item No. 18-160) (Sarah LaDart, Economic Development Manager) 2. Consideration of an Ordinance of the City of Milton, Georgia to Amend Appendix A, Section 4-52 Related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. (Agenda Item No. 18-161) (Sarah LaDart, Economic Development Manager) 3. Consideration of an Ordinance to Revise the City's Animal Control Ordinance to Allow for the Application and Enforcement of the Fulton County Rabies and Animal Control Ordinances; to Provide for the Repeal of Conflicting Ordinances; to provide for an Effective Date; and for Other Lawful Purposes. (Agenda Item No. 18-162) (Ken Jarrard, City Attorney) Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 4 of 20 Motion and Vote: Councilmember Kunz moved to approve the First Presentation Items. Councilmember Jamison seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. PUBLIC HEARING (None) ZONING AGENDA 1. 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). ORDINANCE NO. 18-05-353 (Agenda Item No. 18-136) (First Presentation at May 7, 2018 Regular City Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Request for a Use Permit for Alternative Senior Housing 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 request for a concurrent variance to reduce the 60 foot primary setback to 50 feet where the house encroaches. However, since the application was submitted, the applicant has requested a withdrawal of the concurrent variance (VC 18-05). The zoning for this site is T-2. We received a revised site plan on April 16, 2018. The existing house is in the front and the proposed addition would be constructed in the back with parking in-between. The subject site contains 1.472 acres on the east side of Cogburn Road and is developed with a single family residence and currently zoned T-2 within the Deerfield Form Based Code. The applicant is requesting a Use Permit for an Alternative Senior Housing facility within an expanded existing house with a total of 2,000 square feet. The primary house will also have a ten foot deep porch along the front fagade. In addition, the applicant proposes to build a 1,500 square foot guest house and a detached garage. Based on the applicant's site plan submitted on April 16, 2018, the Community Development Department offers the following considerations: DEVELOPMENT STANDARDS — T-2 — Deerfield Form Based Code Development Standards Proposed Development Lot Width — 100 foot minimum 199.8 feet Lot Coverage 20% maximum (12,825 s .ft.) 11,664 s .ft. Frontage Buildout — Not Applicable N/A Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 5 of 20 Front Setback — 60 ft. minimum 60 feet* Side Setback — 25 ft. min Exceeds the minimum on both sides Rear Setback — 50 ft. min Exceeds the minimum Building Height — Maximum 3 stories 1 story VC18-04 — Request to reduce the 60 foot primary setback to 50 feet where the house encroaches (Chapter 64, Art 20 Table l Lf.1). At the Design Review Board meeting, it was suggested that the applicant relocate the addition to the house to the north and not to expand to the west which would require the reduction in the front yard setback. In lieu of the addition along the front of the existing house, the applicant has proposed a 10 foot deep porch, which is permitted to encroach into the front yard setback.* The concurrent variance is no longer needed and therefore, Staff recommends WITHDRAWAL of VC18-04. DEVELOPMENT STANDARDS — Alternative Senior Housing Use Permit Based on the requirements pursuant to Sec. 64-1844, the site plan and the applicant's letter of intent indicate compliance with the development standards for the Use Permit. ENVIRONMENTAL SITE ANALYSIS In reference to the Environmental Impacts to the site, it satisfies the requirement of Section 64- 2126. The applicant has addressed the various issues outlined in the ESA report. The proposed site does contain a small area of wetlands in the easternmost portion of the property. There are no floodplains, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS Development will need to meet Tree Canopy Plan required per Sec. 60-28 of Tree Canopy Ordinance adopted 2/5/18. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no objection to the proposed site plan. All development plans and building plans will be reviewed by the Fire Marshal prior to any permits being issued. TRANSPORTATION ENGINEER * 22 Daily trips. Does not require turn lanes based on turn lane warrant thresholds. * Driveways do not appear to meet required vertical sight. * Sidewalk to be provided due to proximity to school. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 6 of 20 PUBLIC INVOLVEMENT On March 27, 2018 the applicant and engineer were present at the Community Zoning Information Meeting (CZIM) held at Community Place at City Hall. There were approximately 5 residents who were in attendance at the meeting. They voiced the following concern regarding the proposed alternative senior housing facility: The proposed development may "mission creep" and become larger and may include the property to the south in the future. PUBLIC PARTICIPATION REPORT The applicant held the participation meeting on Monday, April 9, 2018 at 5:00 p.m. at 401 S. Main Street, Suite A5 in Alpharetta. No one attended the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW — APRIL 10, 2018 Comments: • Be aware of requirements for accessibility in new house: door widths, grab bars, turning radius. • Possibly put residents in new house instead of the existing house. • Respect the frontage along Cogburn Road. Possibly limit addition or build to the side in order to stay out of front yard setback. • Area behind parking spaces requires 24 feet for pullout. 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 "T-2" land use category on the City of Milton Comprehensive Plan Update Map in the Deerfield Form Based Code. The proposed use permit for an "Alternative Senior Housing" is permitted within the T-2 Transect Zone. 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 compatible with the adjacent and nearby land uses and zoning which include a mix of institutional uses and single family residences. The property to the north and south is zoned Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 7 of 20 1-2 developed with single family residences. There is a Civic site located to the northeast and east, which is Cambridge High School. To the southeast, is T-2 developed with Stonecreek Church and to the south is a single family residence. On the west side of Cogburn Road is the City of Alpharetta, zoned Special Use with property permitted and constructed for a private school (Kings Ridge Christian Academy) and a soccer field for the school currently under consideration by the City of Alpharetta. In addition, there is a Use Permit for a church (not developed) and a single family residence zoned AG -1. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Based on the type of use and small scale of the proposed senior housing, there will be minimal impact on the traffic flow, vehicular and pedestrian, on Cogburn Road. 5. The location and number of off-street parking spaces; The off street parking is located behind the existing structure and in front of the guest house/and garage. Per the Zoning Ordinance parking shall be located to the side and rear of the principal structure, but outside minimum building setbacks or inside a garage. Below is a table indicating the required and provided number of parking spaces for the site. 6. The amount and location of open space: The T-2 transect zone allows a maximum of 20 percent lot coverage. The parcel has 1,164 sq. ft. or 18 percent of lot coverage which meets this requirement. In addition, the rear portion (eastern side) is heavily vegetated with hardwood trees. One (1) parking space per two (2) beds and one (1) parking space per two (2) employees including the owner/operator. (Sec 64-1844(2)(f.)) 8 beds 4 parking spaces 1 employee 1 parking space Total Required 5 spaces Total Provided 5 spaces (Of which 1 is handicapped) 6. The amount and location of open space: The T-2 transect zone allows a maximum of 20 percent lot coverage. The parcel has 1,164 sq. ft. or 18 percent of lot coverage which meets this requirement. In addition, the rear portion (eastern side) is heavily vegetated with hardwood trees. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 8 of 20 7. Protective screening: The type of use, alternative senior housing, does not require protective screening but Staff notes that there is a large stand of hardwood trees to the rear and some along the south and north property lines ranging in size from 15 to 32 inches in diameter at breast height. 8. Hours and manner of operation: Since the clients will reside in the house as well as the caretaker, the hours of operation will be 24 hours a day and 7 days a week. 9. Outdoor lighting: The applicant has not indicated the addition of lighting on the site. If lighting is proposed, it must comply with Section 4.12 of the Deerfield Form Based Code which requires light fixtures to have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees, as well as other regulations that limit light pollution. 10. Ingress and egress to the property. The applicant has two existing curb cuts onto Cogburn Road. The Traffic Engineer has stated that the location of the curb cuts do not meet required vertical site distance. The applicant has stated that he will increase the height of the driveway in order to meet the vertical sight distance. The entrances will be upgraded to commercial entrances as well as widening the existing drive way between the entrances. Staff notes that the applicant/owner has already received a right-of-way encroachment permit to improve the drainage along Cogburn Road. CONCLUSION The proposed development of the alternative senior housing use permit is consistent with the City of Milton Comprehensive Plan Update suggestion of T-2 and consistent with the Use Permit Considerations. This proposal also provides additional choices for housing for the over 55 population within the City. Therefore, Staff recommends APPROVAL CONDITIONAL of U18-04. In addition, Staff recommends WITHDRAWAL of VC18-05. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 9 of 20 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be for a Use Permit for an Alternative Senior Living Facility (Sec. 64-1844) 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) Restrict the use of the subject property to an Alternative Senior Living Facility b) Restrict the total square footage of the structures, including the primary existing residence and a single guest house, but excluding accessory structures permitted pursuant to the Zoning Ordinance, to a maximum total of 3.500 square feet. C) Restrict the maximum number of residents to be served within the Alternative Senior Living Facility to 8. 2) To the owner's agreement to abide by the following: a) Substantial compliance with the revised site plan received by the Community Development Department on April 16, 2018, 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. b) Comply with all regulations of the Georgia Department of Community Health. 3) To the owner's agreement to the following site development considerations: a) Access to the site and frontage improvements shall be subject to the approval of the 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) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. 4) To the owner's agreement to abide by the following: Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 10 of 20 a) A stormwater management concept plan shall be submitted and approved by the Milton Public Works Department prior to submission of land disturbance application. PUBLIC COMMENT Tammy Urey, 180 Wind Flower Court, Alpharetta, GA 30005 We are petitioning for a use permit to zone 13665 Cogburn Road as Alternative Senior Housing. The agency that we are petitioning for is Daufy Adult Community Services which provides residential services for adults with intellectual developmental disabilities. We have been offering these services since 2006 in the Alpharetta area. Currently, we have host homes where individuals reside with less than two people in a home with a companion who allows them to have an opportunity to have a normal life. We also have a day program located on Main Street in Alpharetta where we provide social and development skills for these individuals to have a better quality of life. I manage the Daufy Adult Community Services. I have over 30 years of experience, a master's degree in Psychology, and I am certified. We would like to work with your seniors as they are aging to have a normal life as they age. Our goal is that adults with these type of disabilities can live, participate, and make choices in their community. We are regulated by the Georgia Department of Healthcare Facilities and we are accredited. Councilmember Bentley I have a question about the trips in the report. It was stated that there will be 22 trips per day. Does that assume that the residents will be driving? Please explain the number of trips per day. Tammy Urey Those are not trips for our residents. That was a study done by an engineer. The residents do not drive. The trips will be 2-3 trips per day. Carter Lucas Those trips are generally associated with caretakers, staff, people who live there, as well as transportation to get the residents to and from various places. That is actually a very small number. Councilmember Bentley Do you have plans for a van to transport the residents? Tammy Urey Part of the ADA requirements is that you have to have a handicap space. We do not plan to have a van but we made accommodations for the regulation. Councilmember Bentley In the zoning conditions, there is a limitation of square footage of 3500 feet. Is that limitation going to satisfy your long term goals for this property? Tammy Urey I believe it will because our goal is to provide individual life services. We are not into quantity but the quality of services. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 11 of 20 Councilmember Bentley Since you are located between two residences, while I support your mission, you are also going to be a neighbor to folks that live there. Would the coming and going of traffic be during regular hours? Do you anticipate late night drop offs? Tammy Urey It will be mostly morning activities. Most seniors do not like late night events and they are in bed usually before 10:00 p.m. Councilmember Bentley Did I read that the guesthouse would eventually be built for caregivers? Tammy Urey We have applied for the guesthouse now but we have not exactly defined who will live there. Maybe caregivers will live there or it would be a nicer facilities for individuals to reside in. Councilmember Bentley I would not support the guesthouse to be a place where additional families would stay because that would be a more intensive use than would be suitable for the property. Tammy Urey That is not the intention. Councilmember Bentley The report states that you do not anticipate having any outdoor lighting. Do you think you will have a need for outdoor lighting? Tammy Urey Just the normal outdoor lighting that any other home would have. No extravagant lights. We want to blend in with the community. We want to be a small quaint individualized care provider. Councilmember Bentley Do you anticipate having any signs? Tammy Urey No signage that would take away from the normal residences in the area. Councilmember Bentley Are you planning for the chain link fence to stay? Tammy Urey We do not have any plans to remove any fencing at this time. We plan to keep the area beautiful and maintain the look of the community. We will uphold all the rules and regulations of the city. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 12 of 20 Mayor Lockwood _ If you decide to remove the fence and upgrade to another type of fence it would have to comply with city code. Councilmember Bentley It looks like the egress and ingress needs to be changed. Engineer After further review, we realized the site distance did not meet the requirements so we are going to raise the elevation of the driveway to meet the site distance before we submit the final plans for permitting. Motion and Vote: Councilmember Jamison moved to approve Agenda Item No. 18-136 with Staff s Recommended Conditions. Councilmember Kunz seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. 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) (First Presentation at May 7, 2018 Regular City Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director The applicant would like to request a deferral. Bob Vance, 2015 Brookton Way, Cumming, Georgia I am with Kimley-Horne. I am here to represent the applicant who would like to have this deferred until June 18, 2018 due to personal conflicts. Councilmember Bentley I hope this is an extenuating circumstance. This process has been publicized, the public has adhered to it. It started in March so that puts this hearing in the middle of the summer and this item has been closely followed. Motion and Vote: Councilmember Mohrig moved to DEFER Agenda Item No. 18-137 to the June 18, 2018 Regular City Council Meeting. Councilmember Jamison seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 13 of 20 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. ORDINANCE NO. 18-05-354 (Agenda Item No. 18-138) (First Presentation at May 7, 2018 Regular City Council Meeting) (Discussed at May 14, 2018 City Council Work Session) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director This is to increase the amount of hotel rooms per unit. Right now, we allow two hotel rooms per unit. We are proposing to increase the units in both the Crabapple and Deerfield areas. This item is for the Crabapple area, however, my comments will be the same for the next agenda item as well as agenda item number six which pertains to the Deerfield area. The City of Milton only has one hotel within its jurisdiction. Hotels produce a high amount of tax revenue through property taxes and the amount of public services required by the City is minimal. The hotel/motel tax also helps to fund our special events throughout the year in the City. Over the past few years, hotel developers have been interested in building hotels in Milton, especially in the Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres to keep the development costs down. The current density allocation for hotel rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within the T-6 transect zone at 12 units per acre, the maximum number of rooms would be 48 for the site. This is too low of a number of rooms to develop the site. Staff has provided the following analysis of nearby hotel locations with their acreage and number of rooms. Bolded indicates hotel in City of Milton. There are no hotels or lodging within the Crabapple Form Based Code but it is permitted by right. Hotel Acres # of Rooms Average rooms per acre Hyatt Place 3.2 128 40 5595 Windward Pkwy 2.8 Hampton Inn 103 37 16785 Old Morris Comfort Inn 1.2 64 53 5455 Windward Pkwy Springhill Suites 2.35 82 35 12730 Deerfield Pkwy Holiday Inn Express 2.38 135 57 12505 Innovation Way Hilton Gardens Inn 3.37 164 49 4025 Windward Plaza Double Tree by Hilton 1.7 79 46 Cotton House Hotel (Under 1.0 119 119 Development) Milton Ave (Alpharetta) Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 14 of 20 The national occupancy rate for commercial hotels, is shown below by days of the week. Commercial hotels service short-term, transient visitors. Business persons are the chief market of commercial houses. Conventioneers, engineers, salespersons, consultants and small business persons form the core of the customer base. These hotels locate close to their market, the business community. Hotels are usually in an urban area but are also located near arterial highways, research parks, and airports. Because of this type of use the higher average daily occupancy is during the beginning of the week and lower during the weekends. National Occupancy by days of the week Monday 100% Tuesday 100% Wednesday 90% Thursday 90% Friday 40% Saturday 20% Sunda 20% Average per 7 days 66% Source: "The Traditional Hotel Industry" Staff spoke to a local industry consultant that stated that the demand for hotels, specifically commercial hotels, is where the business centers are located. For the City of Milton, that is within proximity of the Windward Parkway/GA 400 area and therefore would not be in the Crabapple area where it is primarily residential uses and businesses supporting residential uses. Staff Recommendation for Deerfield Form Based Code With these facts in mind, an increase in the number of rooms per unit to 8, the following would result: A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to be competitive with nearby locations in Alpharetta. A site does not have to have this large number of rooms, but it allows the market to develop the number of rooms that will make the project viable. It should also be noted that the maximum height within the T-6 transect zone is 16 stories and within the T-5 transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per unit replace the existing 2 hotel rooms per unit to provide the incentive for future development of hotels within the Deerfield Form Based Code. Staff Recommendation for Crabapple Form Based Code A bed and breakfast model would be a better fit for the Crabapple area since the demand would not support a commercial hotel or even a boutique hotel since it is located far away from a business center. Staff notes that bed and breakfast is a "by right" use within the T-4, T-4 Open, and T-5 Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 15 of 20 transect zones. A use permit is required for the T-2 and T-3 transect zones and not permitted within the T4 -R transect zone. Within the Crabapple Form Based Code, the number of rooms could be increased to 4 rooms per unit to provide an incentive if the market demands it. Planning Commission Meeting on February 28 2018 Staff presented the information above regarding the need to revise the number of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based Codes. During the discussion, it was suggested that Staff conduct further research to determine the optimal density for the areas which is included in the above discussion. The four associated text amendments were deferred to the April 25, 2018 Planning Commission Meeting. Planning Commission Meeting on April 25 2018 Staff presented the updated information above regarding the further research at the Planning Commission Meeting. In addition, Staff recommended increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and 2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission agreed with Staff's recommendation of 8 rooms per unit in Deerfield but recommended 3 rooms per unit in Crabapple. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-138. Councilmember Mohrig seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. 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. ORDINANCE NO. 18-05-355 (Agenda Item No. 18-139) (First Presentation at May 7, 2018 Regular City Council Meeting) (Discussed at May 14, 2018 City Council Work Session) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Per my previous presentation, this is to increase the amount of hotel rooms per unit. Right now, we allow two hotel rooms per unit. We are proposing to increase the number of hotel rooms per unit to eight. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-139 to reflect an increase in the number of rooms per unit to eight (8). Councilmember Kunz seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 16 of 20 5. Consideration of RZ17-12 — Text Amendment to Article XIX — Crabapple Form Based Code. 1.6.4.b as it relates to lodging. ORDINANCE NO. 18-05-356 (Agenda Item No. 18-140) (First Presentation at May 7, 2018 Regular City Council Meeting) (Discussed at May 14, 2018 City Council Work Session) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director My comments are the same as the presentation I gave for consideration of RZ18-04. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-140 to reflect an increase in the number of rooms per unit to four (4). Councilmember Mohrig seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. 6. Consideration of RZ17-13 — Text Amendment to Article XX — Deerfield Form Based Code, 1.6.5.b as it relates to lodging. ORDINANCE NO. 18-05-357 (Agenda Item No. 18-141) (First Presentation at May 7, 2018 Regular City Council Meeting) (Discussed at May 14, 2018 City Council Work Session) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director My comments are the same as the presentation I gave for consideration of RZ 18-05. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 18-141. Councilmember Jamison seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. 7. Consideration of RZ18-09 — To Amend Article XIX Crabapple Form Based Code to Amend Article 3.2 General Requirements to Prohibit Gates. ORDINANCE NO. 18-05-358 (Agenda Item No. 18-142) (First Presentation at May 7, 2018 Regular City Council Meeting) (Discussed at May 14, 2018 City Council Work Session) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 17 of 20 Kathleen Field, Community Development Director The purpose of this text amendment is to prohibit gates, both vehicular and pedestrian, on public and private properties within the Crabapple Form Based Code area. It is the intent of the Crabapple Form Based Code to produce a cohesive and inter -connecting downtown village for access for all the citizens of the City and its visitors. This text amendment will assist in creating a mix of uses that will serve to promote a live, work, and play downtown village in Crabapple. The Planning Commission supported the proposed text amendment to prohibit gates within Crabapple. They suggested that the text exclude single family lots so that an individual owners could construct a gate for their use only. We have added language to section 3.2.8 which reads as follows: Except for access to or from single family residential lots, gates or barriers controlling vehicular or pedestrian ingress/egress to or from public or private right-of-ways, driveways, or common parking lots shall be prohibited. A warrant may be requested under the following circumstances: For residential subdivisions that do not contain inter -parcel access or future inter -parcel access to adjacent existing or future development. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-142 with the following amended language: 3.2.8 Except for access to or from single family residential lots, gates or barriers controlling vehicular or pedestrian ingress/egress to or from public or private right-of-ways, driveways, or common parking lots shall be prohibited. A warrant may be requested under the following circumstances: For residential subdivisions that do not contain inter -parcel access or future inter -parcel access to adjacent existing or future development. Councilmember Mohrig seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. 10) UNFINISHED BUSINESS 1. 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. ORDINANCE NO. 18-05-359 (Agenda Item No. 18-143) (First Presentation at May 7, 2018 City Council Meeting) (Stacey Inglis, Assistant City Manager) Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 18 of 20 Stacey Inglis, Assistant City Manager This is our grant management policy. The current policy reads that all grant applications will come before the council for approval. Sometimes this causes a timing issue based on when the grants are discovered and when the deadline occurs. In the past, we have had to have special called meetings to meet the deadline. So, we looked at how other cities handle their grant applications. We submitted a question regarding grant management to other cities through the GMA tool Listsery and we received several responses. In most cities, the city manager approves the application and then later, if the grant is awarded, it goes before the city council for approval. In some cities, the city manager can accept the grant award up to a certain threshold. So, that is what we are proposing tonight. We would like for our city manager to approve the grant application and if it is awarded, then he can accept the award up to $50,000. Anything over $50,000 will have to be approved by the city council. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 18-143. Councilmember Jamison seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. NEW BUSINESS Consideration of a Resolution/Ordinance Amending the Charter for the City of Milton, Georgia. (Agenda Item No. 18-163) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney By way of home rule, we can modify our charter under Georgia code. There is a resolution in front of you tonight that contains the proposed charter changes. We are required to place a legal ad which has to run for three consecutive weeks. The ad gives a synopsis of the charter changes. Then the resolution has to be approved twice by the city council. Motion and Vote: Councilmember Jamison moved to approve Agenda Item No. 18-163. Councilmember Kunz seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 19 of 20 2. Consideration of a Resolution Appointing Fulton County Department of Elections to Act as the Municipal Election Superintendent for a City of Milton Special Election to be Held to Fill the Vacated District 1/Post 2 City Council Seat; Authorizing Fulton County Department of Elections As Municipal Election Superintendent, To Call Said Special Election on Tuesday, November 6, 2018, Authorizing the City Clerk to Act as the Qualifying Officer to Provide Services in Regards to Qualifying Candidates for Election to Said Seat, and to Undertake any other Such Duties as are Necessary to Accomplish the Holding of Said Special Election, Setting the Date, Time and Fee for the Qualifying of Candidates; and for Other Purposes. RESOLUTION NO. 18-05-476 (Agenda Item No. 18-164) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This is to appoint the Fulton County Department of Elections to act as the Municipal Election Superintendent to hold a special election in November to fill the vacated city council position previously held by Burt Hewitt. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 18-164. Councilmember Mohrig seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Finance 2. Community Development 3. Police Bernadette Harvill, Finance Director We have implemented the FYI mid -year amendments that were approved. We have begun working on the FYI budget. Departments are preparing their requests. The city manager and I will be meeting with the directors in June and July to review their requests. The legal notification process for tax liens has begun. If a tax sale is needed it will be held in early November. We have not had to have a tax sale since the summer of 2012. With the help of Sarah LaDart, approximately 150 official warnings were sent via certified mail to business owners who have not renewed their occupational tax certificate. Code Enforcement will issue citations, if necessary, during the first week of June. Regular Meeting of the Milton City Council Monday, May 21, 2018 at 6:00 pm Page 20 of 20 Kathleen Field, Community Development Director We are reviewing a use permit for a performance facility in the northwest quadrant of Birmingham Crossroads. It will go before the Planning Commission on Wednesday night. It should come before you in June under the zoning agenda. In addition, in June you will also hear the agenda item that was deferred tonight regarding the Green Road Daycare. We continue to work on the Unified Development Code. Also, as part of the large lot incentive plan, we will be working with UGA through the contract you approved to help the city implement a TDR bank. Rich Austin, Police Chief Last week was National Police Week. We had several community events including Coffee with a Cop, Back the Blue Blood Drive, and Protect Your Privacy Shredding Event. We also held the first North Fulton Police Officers Memorial Service and our Annual Awards Ceremony. We are down 26% on Part I offenses. In addition, accidents are trending downward so that is a good sign. ADJOURNMENT (Agenda Item No. 18-165) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 7:30 p.m. Councilmember Kunz seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. Date Approved: June 18, 2018 Sudie AM Gordon, City Cl rk Joe Lockwood, yo