HomeMy WebLinkAboutMinutes CC - 04/13/2015 - MINS 04 13 15 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, April13, 2015 at 6 :00pm
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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 April13, 2015 at
6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Remco Brommet, Chaplain for the City of Milton Police and Fire.
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLLCALL
Councilmembers Present: Councilmember Karen Thurman (arrived at 6:19p.m.), Councilmember
Matt Kunz, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria and
Councilmember Rick Mohrig.
Mayor Joe Lockwood called the meeting to order.
PLEDGE OF ALLEGIANCE (Led by Mayor J oe Lockw oo d)
APPROVAL OF MEETING AGENDA
(Agenda Item No. 15-082)
Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following
changes:
• Administratively Defer Agenda Item Numbers 15-104 and 15-105 which are consideration of
alcohol beverage licenses for The Blue Den and Wilbur & Rudy 's Farmtable, LLC. The signage
was printed in error with the incorrect dates and a two week posting must be legally met. Defer
these two items to the April 27th, 2015 regular city council meeting.
• Add as # 1 under Reports and Presentations, "Recognition of Board Members presented by
Councilmember Matt Kunz."
• Add as #1 under New Business, "A Resolution Appointing a Member to the City of Milton Parks
and Recreation Advisory Board for District 2/Post 2."
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Re g ular Meeting of the Milton City Council
Monday, April 13 , 2015 at 6 :00 pm
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Councilmember Longoria seconded the motion.
Councilmember Thurman was absent for the vote.
PUBLIC COMMENT
CONSENT AGENDA
The motion passed unanimously ( 6-0).
1. Approval ofthe March 2, 2015 City Council Regular Minutes.
(Agenda Item No. 15-083)
(Sudie Gordon, City Clerk)
2. Approval of the March 9, 2015 City Council Work Session Minutes.
(Agenda Item No. 15-084)
(Sudie Gordon, City Clerk)
3. Approval ofthe March 16 ,2015 City Council Regular Minutes.
(Agenda Item No. 15-085)
(Sudie Gordon, City Clerk)
4. Approval of the Financial Statements for the Period Ending February, 2015.
(Agenda Item No. 15-086)
(Stacey In g lis, Assistant City Manager)
5. Approval of a Professional Services Agreement between the City of Milton and Aecom
Technical Services , Inc. for Little River Dam 30 -GeoDamBREACH Analysis.
(Agenda Item No.15-087)
(Ca rter Lucas, Assistant City Manager)
6. Approval of a Lease Agreement between the City of Milton and Georgia Power for the Street
Lights on Mayfield Road and Charlotte Road .
(Agenda Item No. 15-088)
(Carte r Lucas, Assistant City Manager)
7. Approval of a Right of Way Swap on Thomtree Run within the Tullamore Subdivision.
(Agenda Item No. 15-089)
(Ca rter Lucas, Ass istant City Manager)
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember
Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Thurman was
absent for the vote.
REPORTS AND PRESENTATIONS
The following Item #1, "Recognition of Board Members" was added by Motion and Vote under
Approval of Agenda.
1. Recognition of Board Members .
(P resented by Co un cilmember Matt Kun z)
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Regular Meeting of the Milton City Council
Monday, April 13 ,2015 at 6 :00pm
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2. Proclamation Recognizing April Autism Awareness Month.
(Pr esented by Mayor Jo e Lo ckwoo d)
Councilmember Thurman arrived at the meeting.
3. Proclamation Recognizing 2014 Officer ofthe Year.
(Pr esented by Mayor Jo e Lockwood)
4. Proclamation Recognizing Arbor Day.
(Presented by Mayor Jo e Lockwood)
FIRST PRESENTATION
1. Consideration ofRZ14-15NC14-04 -3501 Bethany Bend, by Bajun American Properties, L.P.
-To Rezone from AG-1 (Agricultural) and TR (Townhouse) to TR (Townhouse) to Develop 77
Townhomes on 10.17 Acres. A Six Part Concurrent Variance to: 1) Reduce the perimeter side
[Sec. 64-669(h)(2)(a)]; 2) Reduce the perimeter rear setbacks [Sec . 64-669(h)(3)]; 3) Reduce
the landscape strip along Bethany Bend [Sec. 64-1090(a)]; 4) Reduce the 75 foot buffer and 10
foot improvement setback [Sec. 64-1091(b)]; 5) Allow alleys with only one row oftownhomes
[Sec. 64-1 095(h)]; and 6) Reduce the amount of open space required [Sec. 64-669(j)(1 )].
(Agenda Item No. 15-090)
(Kathleen Field, Community Developm ent Director)
2. Consideration ofU15-0lfU15-02NC15-01-Hopewell Road, 10.142 Acres on the East Side of
Hopewell Road with Frontage of Approximately 1,130 Feet Within the 2nd District, 2nd Section,
Land Lot 692 , by GA Cumberland Association of Seventh Day Adventist-To develop a 37,500
square foot church ( 64-1804) within four buildings with a maximum number of 600 seats and a
13 ,000 square foot private school ( 64-1831) for Pre-k through 8th grade with a maximum of 90
students. A concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot
improvement setback to a 25 foot undisturbed buffer and 1 0 foot improvement setback along the
east and north property lines as shown on the site plan (64-1143(a)(3)b.).
(Agenda Item No. 15-091)
(Kathle en Fi eld, Community Developm ent Director)
3. Consideration of RZlS-01-To Adopt the Corrected City of Milton Zoning Map as Indicated
on the Geographical Information System (GIS) including all Zoning Actions Prior to January 1,
2015 as Shown on "Current Zoning Map Dated January 2015 ".
(Agenda Item No. 15-092)
(Kathle en Fi eld, Community Developm en t Director)
4. Consideration of RZlS-02-Chapter 64 , Article XX, Deerfield Form Based Code, to Amend
the Standards and Increase the Geographical Area to Include Areas Within the Highway 9 North
Visioning Study.
(Agenda Item No. 15-093)
(Kathle en Fi eld, Co mmunity Developm ent Director)
Regular Meeting of the Milton City Council
Monday, April13 , 2015 at 6:00pm
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5. Consideration of RZlS-04-Chapter 64 , Article VII , Division 5, State Route 9 Overlay
District, to Amend the State Route 9 Overlay District Map.
(Agenda Item No. 15-094)
(Kathleen Fi eld, Community Development Director)
6. Consideration of RZlS-03-Chapter 64 , Article XIX , Crabapple Form Based Code, to Amend
and Add Standards Within the Code.
(Agenda Item No. 15-095)
(Kathleen Fi eld, Co mmunity Developm ent Director)
7 . Consideration of RZlS-05-Chapter 64 , Article XVII Development Standards , to Create
Standards and Penalties for the Request of Demolition Permits within the City of Milton.
(Agenda Item No. 15-096)
(Kathleen Fi eld, Co mmunity Developm ent Direct or)
8. Consideration of RZlS-06-Chapter 64-1609 , Swimming Pool , Private to Amend
Standards for Neighborhood Swimming Pools.
(Agenda Item No. 15-097)
(Kathleen Fi eld, Community Developm ent Director)
9. Consideration of RZlS-07-Chapter 64 , Article VI , Division 2 , AG-1 District to Amend the
Permitted Uses to Include Equine Garment Fabrication.
(Agenda Item No. 15-098)
(Kathleen Fi eld, Co mmunity Development Director)
10. Consideration of RZlS-08-Section 64-1811 , To Delete the "Equine Garment Fabrication"
Use Permit.
(Agenda Item No. 15-099)
(Kathleen Fi eld, Co mmunity Developm ent Dir ector)
11. Consideration of RZlS-09-Section 64-1, Definitions. To Create a Definition for
"Equine Garment Fabrication."
(Agenda Item No. 15-100)
(Kathleen Fi eld, Co mmunity Development Director)
12. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other
Charges, Chapter 34 , Section 24 ofthe Milton City Code.
(Agenda Item No. 15-102)
(Ji m Cregge, Director of Parks & Recr ea tion)
Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items .
Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of th e Milton Ci ty Council
Monday, April13 , 2015 at6:00 pm
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PUBLIC HEARING
1. Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 120
Days to Bar the Acceptance of Applications for Land Disturbance Permits for Residential
Development on Property in the R-1 , R-2 , R-2A , R-3 , R-3A , R-4 , R-4A , T-2 and AG-1 Zoning
Districts.
(Agenda Item No. 15-103)
(Ken Jarrard, C ity A ttorn ey)
Ken Jarrard, City Attorney
This resolution would extend a moratorium with respect to land disturbance permits (LDPs) that is
already in effect. We imposed a 30 day moratorium on March 16 ,2015. Please let the record note that
the version of the document that you have in front of you is modified very slightly from the version that
was published. The document in front of you tonight should have a few red-lined comments. The
words , "conceptual plan approval " at the bottom of the document should be in red. There is a pending
conservation ordinance that is presently being constructed and the plan, as of now, is to bring that
ordinance to you in mid-June. The concern was in March that the reason for a moratorium was to
prevent any securing of a LPD while the conservation ordinance was being considered, discussed , and
ultimately adopted. Moratoriums are put into effect to preserve the status quo , whether to discontinue
zoning or development, as in this case. This moratorium has been advertised consistent with the zoning
procedures law. This moratorium was advertised for a public hearing. If approved , it would have the
effect of preventing LPDs on the zoned properties R-1 , R-2 , R-2A , R-3 , R-3A , R-4 , R-4A, T-2 and AG-
1 Zoning Districts for a maximum of 120 days. It could end earlier than that with the adoption of a
conservation ordinance , on its own terms, or if you simply make a motion at a future meeting for it to
end. With respect to the changes that were made to the modified version in front of you tonight , we
added that it would also prevent the acceptance of conceptual plan approvals. That is not a procedure
that is used very often in Milton, but nonetheless out of an abundance of caution, we added that
language. We also wanted to make sure that LPDs on land less than an acre would not be affected by
this moratorium. You previously approved a moratorium for 30 days. This moratorium would extend it
by about four months.
Mayor Lockwood
Ken, please discuss if this moratorium is approved , any avenues for development that are already in the
works to be submitted, if the council is interested in stating a time period to accept these can they state
that in their motion .
City Attorney Jarrard
The question is that if the moratorium is continued in the form that has been presented, there will be no
interruption in it. The previous moratorium has not expired so it would continue and the Planning and
Zoning Department of Community Development would not have the power to accept any LDPs. If,
however , there was a lapse for a certain time period, then there would be a brief period that LDPs could
be accepted again. That time period would be up to the council to decide.
Mayor Lockwood
The intent of the moratorium, while we are working on the conservation subdivision ordinance, is so that
people would not rush to submit LDPs before the conservation subdivision ordinance is approved. We
Regular Meeting of the Milton City Council
Monday, Aprill3 , 2015 at 6:00pm
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have heard from some folks who are at 80%-90% completion phase leading up to submitting an LDP
and have already spent a lot of money and hired engineers , etc.
Councilmember Thurman
The purpose of this moratorium is to get the conservation subdivision ordinance in place. It is my
understanding that the ordinance does not affect all of the zoning designations that are listed in the
moratorium. If it is not going to affect all of these zoning areas , why are we including all of them in the
moratorium?
Robyn MacDonald, Zoning Manager
When we made the list it was with an abundance of caution. There are some areas of the city that have
the potential for sewer that a person could possibly build a conservation subdivision.
Councilmember Thurman
My fear is that the moratorium is so broad that it will not be legally binding if the whole reason for the
moratorium is for the conservation subdivision ordinance to be put in place.
City Attorney Jarrard
The moratorium should be as narrowly tailored and focused as it can be and not adversely affect zoning
designations that are not going to be directly impacted by the conservation subdivision ordinance . In
response to Robyn 's comments , if at the time we adopted the moratorium we weren 't sure what it was
going to look like , we would rather have an abundance of caution. If the council adopts this moratorium
tonight , as the conservation subdivision ordinance gets more narrowly focused and we know without a
doubt that some of these zoning designations will not be affected , then the council can take action at any
meeting and adjust it.
PUBLIC COMMENT
Laura Rencher, 1060 Birmingham Road, Milton, Georgia 30004
I am a citizen of Milton. I am a voter, taxpayer and stakeholder in the future of land development in the
city. Over the past year , I have watched and listened as the city has talked about conservation
initiati ves , the conservation toolbox , the conservation consultant, the conservation plan, the conservation
expert, the conservation subdivision consultant , the conservation subdivision ordinance and the transfer
of developmental rights program . I have also listened , repeatedly , to claims and proclamations that the
city , the Mayor, and the Council are committed to conservation. However, despite all this talk and the
initiatives and the plans , over 400 acres of land were developed last year for residential housing. Over
175 acres were developed in the first quarter of this year alone. No land was preserved last year and
hasn 't been. There appears to continue to be no operationalization of a plan and indeed , I discovered
last week through an Open Records Request that the city does not even keep up-to-date records of the
land that is left undeveloped. At the present time , we have a moratorium for the first time in almost 18
months that actually does something to slow the development down in the city . Ahead of us , we have a
debate about a conservation subdivision ordinance that could actually preserve land. And , the Mayor
and the Council have the opportunity to actually make a decision that will begin to rebalance the
lopsided power of developers over the 35 ,000 citizens that live in the community. After all these
months , I implore each of you to take a courageous stand and stand up for our community and the most
important stakeholders in this debate and that is our 35 ,000 residents . Thank you.
Regular Meeting of the Milton City Council
Monday, April13 , 2015 at 6:00pm
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Jack Lindon, 14810 East Bluff Road, Milton, Georgia 30004
I am speaking tonight on behalf of the Milton Grows Green Board . The board has voted unanimously to
support the idea of continuing the moratorium to give you time and the rest of us who are working on
various aspects of the conservation subdivision ordinance to craft a really effective ordinance. This is
not going to be an easy process. We have already begun our discussions on the committee. I would
hope that you approve this moratorium to give you the necessary time to properly vet the issues that are
going to be coming up regarding this issue. Thank you .
Joan Borzilleri, 540 Kings County Court, Milton, Georgia 30004
I am representing Preserve Rural Milton as the designated board member to bring forward Preserve
Rural Milton's opinion on an extension of the current land disturbance moratorium for the city . We
applaud the City Council for taking the initiative to determine that a moratorium is in the best interest of
the City of Milton for the next several months. Protecting the rural quality of life that we have in Milton
is of the utmost importance to Preserve Rural Milton. We believe the majority of residents feel the same
way. The City , by charter, has the right to regulate development within the city limits. By extending
this moratorium , City Council and staff can commit immediate time and energy to implementing the
conservation plan that was presented in the fall of 2014 . A plan , such as this , developed by expert
consultants need not sit idyll on the shelf and not be carried out. Part of this conservation plan involved
a mechanism for conserving land through the development of conservation subdivisions. City staff has
been working on a conservation subdivision ordinance for over a year. It is now coming forward for
serious consideration by the Planning Commission, Council , and community. This additional 120 days
will give the ordinance process the time it needs to be formalized and change the way in which
residential development occurs . Additionally , AG-1 zoning was intended in the Milton Code of
Ordinances to encompass land devoted to a wide range of uses not just to the development of
subdivisions. Preserving the agricultural use of the land is imperative to the rural view sheds , scenic
beauty and quality of life issues that residents have come to Milton to enjoy. There is nothing wrong
with slowing down the development process to take the necessary time to put these conservation
measures in place before the land disappears . The Mayor and City Council while the developers in
Milton are certainly stakeholders of the city , very few are actually residents and tax paying citizens .
Therefore , we respect and fully request that , even though they may have the right to argue their opinion
on how Milton should be developed , the ultimate decision is ours , the citizens of Milton. We support
the resolution to enact an extension of moratorium on land disturbance permits for residential districts.
Thank you.
Brad and Jennifer Bailey, 2852 Stirling Ridge Court, Milton, GA 30004
I am in complete support of the extension of the moratorium on building in the city. Yes, a moratorium
is an extreme measure but it is legal. We , as citizens of the community are stakeholders in this
discussion. We far out-number the few developers who are fighting this moratorium , most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of green space
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights.
The Lemoine Family, 895 Onagh Court, Milton, GA 30004
I am in complete support of the extension of the moratorium on building in the city. Yes, a moratorium
is an extreme measure but it is legal. We , as citizens of the community are stakeholders in this
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Monday, April 13 ,2015 at 6:00pm
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discussion . We far out-number the few developers who are fighting this moratorium , most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of green space
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights.
Chloe Lewis, 2835 Mountain Road, Milton, GA 30004
I am unable to be present at the public meeting tonight , but I want to express my complete support for
the extension of the moratorium on building in the City of Milton. Our quality of life and property
values are in danger of being devastated by the loss of green space in the scrambling rush to develop
within the city. This moratorium is a critical step in starting to rebalance city policies that paradoxically
seem to favor developer interests over the community's rights. On a more personal note , we have lived
in Milton for eight years. We moved here to a small three acre plot that is not within a subdivision. We
moved here specifically for the rural , horse farm flavor of the landscape and to be able to grow a garden
and a tiny orchard. I used to proudly show visiting friends and family our little piece of natural beauty so
close to Atlanta, but so different from the big city and the sprawling, and sometimes ugly , subdivisions
of other Atlanta suburb towns. Now, as we ride thru the area, pop-up subdivisions are springing up
randomly and wholesale destruction of big trees , woods and the natural landscape abound. It is so
frighteningly disheartening and so exceedingly rapid . It seems very out-of-control. Don't get me
wrong , I don't "hate" developers and would support sustainably built , carefully planned and carefully
situated developments that are planned and built with our Milton rural character in mind. But if we
don't strike a balance soon, the current City of Milton will cease to exist. Delete all references to "rural"
when speaking/writing about Milton. Remove the horse from the Milton logo. That Milton will die.
Please don't let this happen. This moratorium will give us some breathing space to get back on our feet
and rebalance for the good of the City. Extend the moratorium.
Michelle & Joseph Casey, 316 Taylor Glen Drive, Milton, GA, 30004
I am in complete support ofthe extension of the moratorium on building in the city. Yes , a moratorium
is an extreme measure but it is legal. We , as citizens of the community are stakeholders in this
discussion. We far out-number the few developers who are fighting this moratorium, most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of green-space
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights. I have lived in Milton
since 2001 and am appalled at the level of development that has occurred , when we became a city we
were assured that the rural feel of Milton would be preserved, that has not happened at all, and I for one
am fed up with seeing acres and acres of trees cut down for more housing. Please accept this email as
my support for an extension to be granted to the moratorium on building in Milton.
Karen Bates, 115 Old Cedar Lane, Milton, GA 30004
I am writing you as ·a citizen of Milton to let you know I am in complete support of the extension of the
moratorium on building in the city. I realize a moratorium is an extreme measure but it is necessary. As
a citizen of the community I am a stakeholder in this discussion. The citizens in Milton far out-number
the few developers who are fighting this moratorium , most of which do not even live in Milton. Our
quality of life and property values are impacted by the loss of green space and rush to develop in the
city. We urgently ask our city to create a balance between development and community desire for rural
character. This moratorium is a critical step to starting to rebalance what is happening in the city which
Regular Meeting of the Milton City Council
Monday, April 13 , 2015 at 6:00 pm
Page 9 of 24
we chose to live in and love. It would be wrong to have policies that favor developer interests over the
community's rights. Please consider my writing as I will not be able to attend the meeting tonight due to
family obligations.
Kristin Search, 415 McKenzie Trail, Milton, GA 30004
As a Milton resident, I am writing to express my complete support of the extension of the moratorium
on building in the city of Milton as I am not able to attend tonight 's City Council meeting. My family
moved here in 2011 from Dublin, Ohio , and chose Milton because of its rural character and charm. We
looked at homes all over North Fulton and South Forsyth, but nothing compared to the uniqueness that
Milton has which is so hard to find anymore. It is disappointing and heartbreaking to see the developers
rolling in so quickly and cutting down so many trees and watching this uniqueness and charm quickly
fade away. Milton lost 550 acres last year to this development. While I understand change is inevitable,
do we not have the power as a city to control this change and development? We as residents have the
right to ask our city to create a balance between development and community desire for rural character.
I feel as if my property value is decreasing and our quality of life is negatively impacted by this loss of
green space and rush to develop the city. Traffic is already horrible especially during morning and
evening rush hours. While we cannot control the growth surrounding us in Cherokee and Forsyth
counties which clogs our roads daily , we can take control of the growth of our own city. Milton is a
special place. We love it here and I understand why so many people want to live here as well. Please
take control of the development that it is done in such a way to maintain our rural character. This
moratorium is a critical step to starting to rebalance city policies that favor developer interests over those
of the people of Milton. Please listen to those of us that live in this community and love this
community.
Karen P. Kerby, Pleasant Hill Farm, Milton, GA 30004
I support the extension of the building moratorium in Milton so that the information coming from the
environmental group can be read and evaluated. I want to keep the uniqueness of this area in tact
because I feel that it DOES keep the value of our properties growing. We still have an abundance of
wildlife in this area .... we still have clean, spring fed ponds on our properties ..... there is still a bit of
"country air" surrounding us. We can hear the sounds of nature, in the evenings, without traffic and
people noises .. .ln my book, this is true quality of living! It is a fact that some of my neighbors have
told me that the appeal of being in a more open land area, able to see horses grazing, etc. made them
excited to live in this area. That, together with the good schools around us and ease to good shopping
and health care facilities , makes this a perfect spot to be. Preserve the open and natural... THAT IS THE
KEY.
Ann and Mike McDonald, 820 Colonial Lane, Milton, GA 30004
I am in complete support ofthe extension of the moratorium on building in the city. Yes , a moratorium
is an extreme measure but it is LEGAL. We , as citizens ofthe community are STAKEHOLDERS in this
discussion. We far out-number the few developers who are fighting this moratorium, most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of green space
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights. Please take this into
grave consideration---we need some balance!
Regular Meeting of the Milton City Council
Monday, Aprill3 , 2015 at 6:00pm
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Brian and Rebecca Geisel, 2025 Drummond Pond Road, Milton, GA 30004
I am writing to let you know that my family and I are in complete support of the extension on the
moratorium on building in the city . Those of us who own property in Milton are stakeholders in this
discussion. We far outnumber the developers who are fighting the moratorium. Our quality of life and
property values are at stake here. Our infrastructure , especially roads are not equipped to handle the
growth at this time. Many of us moved here from Alpharetta and the east side of 400 for one reason: to
escape the constant development and high density. Where shall we go next if the building continues?
We are unable to attend the meeting this evening but want you to know our position.
Kelly Skinner, 500 Champions Hills Drive, Milton, GA 30004
I am in complete support of the extension of the moratorium on building in the city. Yes, a moratorium
is an extreme measure but it is legal. We , as citizens of the community are stakeholders in this
discussion. We far outnumber the few developers who are fighting this moratorium , most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of green space
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights.
Travis Gummels, 445 South Burgess Trail, Milton, GA 30004
I fully support the extension of the building moratorium to give the city council time to review and
finalize a conservation subdivision ordinance that is mandatory for all future development. I can
appreciate a builders desire to maximize their revenue however there are plenty of other areas outside
and near Milton where they can continue their practice of maximum housing density in the name of
profit. We have an opportunity to keep Milton unique and desirable as compared to the neighboring
cities. The rural nature of the city is a major component of what draws people here, preserving just
makes sense. The branding for the city of Milton reflects the rural nature of the city as well , so if we
want to keep the branding the same for the future then we should protect that which it represents. I grew
up in Marietta, in the Walton HS district from age two through college (1974 to 1996). Beautiful
property like the Boomershine's farm which was between Johnsons Ferry and Woodlawn and the horse
farm across from it disappeared underneath high density neighborhoods and that has made a lasting
negative impression on me. I love living in Milton because Milton is what Marietta was when I was
growing up before all the open fields and forests were turned in to high density housing and commercial
strip malls. It would be very sad to see Milton tum in to the traffic congested no nature land that
Marietta is today.
Katharine & Sean Collins, 13275 Bethany Rd, Milton, Georgia 30004
I am in complete support of the extension of the moratorium on building in the city. We moved here in
2009 , and purchased a horne on 2+ acres and not in a sub for very specific reasons. Since moving here ,
we have seen our rural landscape distorted by subdivision after subdivision. If we wanted to live in this
"new" landscape we would have looked in John's Creek or other surrounding areas, However we did
not! Yes , a moratorium is an extreme measure but it is legal. We , as citizens of the community are
stakeholders in this discussion. We far out-number the few developers who are fighting this
moratorium , most of which do not even live in Milton. Our quality of life and property values are
impacted by the loss of green space and rush to develop in the city. We have the right to ask our city to
create a balance between development and community desire for rural character. This moratorium is a
critical step to starting to rebalance city policies that favor developer interests over the community's
rights.
Regular Meeting of the Milton City Council
Monday, April13 , 2015 at 6:00pm
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Laurie Moore, 450 Dorris Road, Milton, Georgia 30004
I am unable to attend tonight's meeting , so I am sending this message as an addition to any comments
that will be taken. I am in support of the extension of the moratorium on building/development until
more time and effort has been put towards implementing the conservation subdivision ordinance. We
moved from Alpharetta to Milton two years ago. After living in Alpharetta for 10 years , the constant
development and zoning changes drove us out. We moved to Milton for the "rural" atmosphere and
with a "skewed" understanding that the city had and would continue to put limits on development to
keep the "rural" feel. While Milton is still a beautiful place to live and the city does have some policies
to slow down development, I feel that more need to be put into place. On days where I am
(unfortunately) forced to drive down Rucker Road , I appreciate my move and really hope that Milton
will not let their city get to that point of construction chaos. Thank you.
Joe Lamp'l, 2330 Saddlesprings Dr., Milton, GA 30004
Dear Mr. Mayor and City Council Members , I request that you please vote to extend the moratorium on
land disturbance permits for an additional 120 days. As an active member of Milton Grows Green and
supporter of Preserve Rural Milton , I am in strong support of doing everything we possibly can to
maintain Milton's rural character. I firmly believe it is our greatest asset and will only become more
important and valuable in the days and years ahead. We are at such a critical juncture as to how our city
is shaped going forward. You are in a unique position to put laws in place that support and preserve
Milton's long term vision statement. Please give this your full consideration on behalf of protecting and
preserving our city for its greatest appeal while we still can. Thank you and Respectfully.
Gail D. Gill, 575 Hopewell Downs Drive, Milton, GA 30004
Please keep Milton rural. View sheds are important. Please extend the building moratorium another
120 days. The conservation subdivision ordinance should be mandatory.
Jordan Kohanim,
As a citizen of Milton , I completely support the extension of the moratorium on building in the city.
It is essential that we view this city as a long-term plan. Loss of green space is not something that you
can reverse without significant economic impact. The benefits of a rush to develop the city do not
outweigh the harms felt by the people of Milton with the loss of each tree. This community's culture is
shaped by its devotion to rural character, healthy citizens, and balanced development. Extending the
moratorium strengthens all of these aspects. We are not asking for builders to cease forever , simply to
extend the moratorium. This moratorium is critical step to appropriately weighing community interests
and inevitable development.
Shelley Garland, 980 Birmingham Highway, Milton, GA 30004
I am in complete support of the extension of the moratorium on building in the city. Yes, a moratorium
is an extreme measure but it is LEGAL. We , as citizens of the community are STAKEHOLDERS in this
discussion. We far out-number the few developers who are fighting this moratorium, most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of green space
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights .
Regular Meeting of the Milton City Council
Monday, April 13 , 2015 at 6:00 pm
Page 12 of24
Donna Mitiska-Johnson, 115 Canongate Kirk Circle, Milton, GA 30004
Dear Mayor Lockwood and Council Members: I am in complete support of the extension of the
moratorium on building in the city. Yes , a moratorium is an extreme measure but it is LEGAL. We, as
citizens of the community are STAKEHOLDERS in this discussion. We far outnumber the few
developers who are fighting this moratorium, most of which do not even live in Milton. Our quality of
life and property values are impacted by the loss of green space and rush to develop in the city. We have
the right to ask our city to create a balance between development and community desire for rural
character. This moratorium is a critical step to starting to rebalance city policies that favor developer
interests over the community's rights. The City of Milton only has ONE chance to get this right. Once
the damage is done , it is done and there will be no going back. We must move forward carefully in the
growth of our wonderful town. Most of us moved here and have stayed here for the special character and
beauty. We are at great risk in losing that and becoming any other suburb in any other state. Please do
the right thing for the citizens on Milton and not what the de velopers and builders want. Be strong and
be GREEN! Thank you.
Tamara Didjurgis, 1425 Birmingham Road, Milton, Georgia 30004
I am speaking for this conservation moratorium. The developers are saying they have put their life
savings into it but so have I and so have a lot of other people. I am a landowner. I am not in one of
these one acre lots. My husband and I spent about eight years looking for property. We looked all over
Georgia, spending every weekend for eight years. With luck , a foreclosure sale came up , it met the
requirements ofus wanting horse property , as well as a good school district. We have invested our life
savings , as well , into this property fixing it up. We were excited that we were moving to a community
that was supposed to be a rural community with a nice mixture of subdivisions , horse property and
gorgeous views. Within the last four years , I have watched trees tom down , subdivisions tom down , old
houses be tom down and I watch outside my door and there is a mile of traffic in both directions. All I
hear is traffic now. I see that the schools are getting fuller , the traffic is getting heavier, there are
accidents all the time and I would like to see more planning go into this . I would like to see more green
space. I would like to be able to preserve the rural character of the city because the city that we moved
into was a fabulous city. It had a really nice community feel and frankly everybody knew each other. I
know a lot of people would like to move here , but I think we need to approach this with caution because
as you all know, there is a lot of infrastructure expenses that comes in with every subdivision that is built
and as a resident and taxpayer now , I do not want to be paying for something that is just going to be an
annuity , that essentially we are going to have to continue to pay for without any real return like having
green space. Thank you.
Cindy Eade, 546 Burridge Trail, Johns Creek, Georgia
Dear Mayor and Council of the City of Milton, This comment is from Cindy Eade and I thank you for
listening to my comments. Even though I am not a resident of Milton, I continue to stay involved in the
environmental and conservation initiatives in your City by being a board member of Preserve Rural
Milton. I want to say that I support the resolution to enact a moratorium on residential building. It just
makes sense to work the conservation plan that the City funded in 2014 , and begin to plan the work
ahead. This moratorium will allow a window of opportunity to finalize an effective conservation
subdivision ordinance which would be one major step for conserving land and preserving the rural
quality of life that so many Milton residents (and outsiders) want. Thank you.
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Regular Meeting of the Milton City Council
Monday, April13 , 2015 at 6:00pm
Page 13 of24
Francia Lindon, 14810 East Bluff Road, Milton, GA 30004
Please add this comment to those in favor of extending the Moratorium for 120 Days to Bar the
Acceptance of Application for Land Disturbance Permits for Residential Development on Property
within the City of Milton. I've lived in Milton for 20 years. And have seen many changes the most
dramatic being related to land development. This rush to develop more of our rural landscape is
escalating along with a national trend. Land is being consumed for development at a faster pace than the
population is growing. While I realize that all development can 't be stopped, it is incumbent on our local
government that we use all the tools available to put in place some guidance that allows for "smart
growth." growth that retains Milton 's unique character, and growth that visually separates us from every
other "cookie-cutter" development. If we ever hope to save at least the appearance of our rural
character, we need to utilize every tool available to City Planners. An extension of the current 30 day
moratorium is a logical step giving city planners more time to thoroughly vet and develop the
Conservation Subdivision Ordinance, The C S 0 is our current best hope for an alternative to the AG 1
zoning 80% of Milton 's landscape comes under. A Conservation Subdivision Ordinance is a "No-Cost"
way for the City to finally conserve open space , thus protecting not just our natural resources but also or
rural character. I urge City Council members to take a long view. How do you want to see Milton in 10
years? Extending the 30 day moratorium to 120 days is tiny in the face a better vision for Milton 's
future. Thank you.
Dana S. Draughon,
I am in complete support of the extension of the moratorium on building in the city. Yes , a moratorium
is an extreme measure but it is LEGAL. We, as citizens ofthe community are STAKEHOLDERS in this
discussion. We far out-number the few developers who are fighting this moratorium, most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of green space
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights.
Brian Busche
I am in complete support of the extension of the moratorium on building in the city. While a moratorium
is an extreme measure , it is legal and necessary at this point due to the impact to our community. As a
resident and taxpayer of the community, I am a stakeholder in this decision. Residents and taxpayers far
out-number the few developers who are fighting this moratorium, most of which do not even live in
Milton. Our quality of life and property values are impacted by the loss of green space and rush to
develop in the city. As a landowner with both livestock and historical structures, I am seriously
concerned about the massive development and adverse impact to the community. I am respectfully
requesting the city to create a balance between development and community desire for rural character.
This moratorium is a critical step to starting to rebalance city policies that favor developer interests over
the resident's and taxpayer's rights . The conservation plan is designed for conservation subdivisions to
preserve 1000 acres ... of land. There are less than 1200 acres left to be preserved by the ordinance .
Therefore , it is absolutely critical at this point to continue the development moratorium and complete the
green space conservation ordinance for the Current Residents and Taxpayers of Milton.
Regular Meeting of the Milton City Council
Monday, April 13, 2015 at 6:00 pm
Page 14 of24
Michelle L. Allen
I am in complete support of the extension of the moratorium on building in the city. Yes , a moratorium
is an extreme measure but it is LEGAL. We , as citizens of the community are STAKEHOLDERS in this
discussion. We far out-number the few developers who are fighting this moratorium , most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of greenspace
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights.
I feel developers never consider the overall infrastructure or traffic as well. They are interested in
making money. We live here because of the rural atmosphere. If it keeps disappearing we will not gain
it back. Please support the extension of the moratorium on building. Thank you.
Susan Feddersen, 3137 Watsons Bend, Milton, Georgia 30004
I am in complete support of the extension of the moratorium on building in the city. Yes, a moratorium
is an extreme measure but it is LEGAL. We , as citizens ofthe community are STAKEHOLDERS in this
discussion. We far out-number the few developers who are fighting this moratorium, most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of greenspace
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights.
Thank you for your consideration.
Holly Siuda
I am in complete support ofthe extension ofthe moratorium on building in the city. Yes , a moratorium
is an extreme measure but it is LEGAL. We , as citizens of the community are STAKEHOLDERS in this
discussion. We far out-number the few developers who are fighting this moratorium , most of which do
not even live in Milton. Our quality of life and property values are impacted by the loss of greenspace
and rush to develop in the city. We have the right to ask our city to create a balance between
development and community desire for rural character. This moratorium is a critical step to starting to
rebalance city policies that favor developer interests over the community's rights. Thanks .
Marc and Sheree Arrington, 14535 Creek Club Drive, Milton, Georgia 30004
As citizens of the City of Milton, we support extending the moratorium on building for another 120
days to allow City Council , Staff and action committees to explore the pros , and likely cons , of
continuing unfeathered building and construction in our beloved City of Milton.
Corliss Hicks, 16335 Henderson Road, Milton, Georgia 30004
I want to start off by saying that I have nothing against horses. I have been up here my entire life since I
was 5 years old. My family has owned the property where Sable Point is, where all the houses on
Henderson Road are but a bigger issue is my mother passed away three years ago. Her estate is at 16320
Freemanville Road. It is funny that it is Autism Awareness because we have a mentally disabled
younger sister who we are trying to provide for , for the rest of her life. When I mom and dad worked for
that property and bought it and paid property tax on it all of these years , it was to provide for their
family. We were four days from finalizing a deal with a developer. A lot of the people in Milton
wouldn't be living in Milton if there had not been developers. That is how I found out about the
emergency moratorium; the developers let us know. So , my sister 's life is on hold, our lives are on hold ,
but I guess a bigger thing to me is that when you look at who owns the green space , it is people who
Regular Meeting of the Milton Ci ty Council
Monday, April 13 , 2015 at 6 :00pm
Page 15 of 24
have worked for this property and they have paid taxe s on it. They may want to retire and go to the
beach. They may want to go into an assisted li ving home. They certainly didn 't do that all these years
before the City of Milton even existed to be told that the city is going to use 60% of your land for green
space and you can build on the other 40%. Our developer 's site plan called for 24 homes on 40 acres.
With the conservation subdivision ordinance, he can put 40 homes on 40 acres ; he just has to conserve
60% of it. But, do you think he will pay the same amount? Do you think people will pay the same price
for a home built on 113 of an acre versus an acre. You are businessmen. You know how it works. You
don 't get paid per acre ; you get paid per buildable lot. And, so for the people who own the green space ,
they are in the vast minority, this may not mean anything to them right now, but when they get into a
position where they need to sell their property, it will become very real.
Scott Reese, 13685 HWY 9, Milton, Georgia 30004
I am here tonight as a business owner in the City of Milton and as a property owner. I feel like you all ,
I'm sure it was a complete ov ersight, handled a job that maybe a small hammer and we took a wrecking
ball to it. So I called Carter Lucas to get a definition of a land disturbance permit. In the City of Milton
a land disturbance permit is any disturbance of 5,000 sq . ft. or greater. In my business every remodeling
plan, every new construction of a single family residence , every minor subdivision plan, everything that
we do in the City of Milton is on hold for 30 day s. We are dead right now. We are now looking at
another 120 days . I have six employees. I made it through 2009 -2012 but my reserves are gone. We
will basically be put out of business by a moratorium if we do not change the language. I have attended
every conservation subdivision meeting that the city has had. I feel like I know Serenbe , as well as the
guy who originally developed it. It is a great plan for 2 ,000 acres . The conservation plan, I have no
earthly idea how it can work on less than 50 acres. I think it reall y needs to be on 100 acres or more. I
would ask that you modify the moratorium, if you go forward with it , to be 50 acres tracts or larger. At
the very least , make it for a major subdi v ision, the LDP , not minor subdivision or individual lots . I
haven 't heard any response as far as the legality of stopping someone from developing on one acre. Has
that been addressed ? I find it hard to believe that we hav e operated all this time with a minimum lot
size of one acre and now it can be made illegal basicall y to go forward . I am not against a conservation
subdivision. I think it fits in the scope and the toolbox as was earlier said. It was described earlier to us
as an option, but I do not know if it is an option then why a moratorium would come into effect. That
seems like it would not be an option it would be a mandatory process. Finally, I was amazed when I
heard the comment cards and how many people that spoke were living in one acre lot subdivisions .
Please think through semantics. Semantics are very important if we do go forward with the moratorium.
I think what we are looking for is major subdiv isions not minor subdivisions, individual lots or anything
along that line. If we go forward with the moratorium I think we need to modify the language. Thank
you for your time.
Walter Rekuc, 615 Scarlet Oak Trail, Milton, Georgia 30004
Good evening, Council. I too like a conservation subdivision but I am not sure why there is an
emergency. This should not be a code section in the subdivision ordinance ; this should be a code
section in the zoning ordinance . This should be considered no different than a CUP or an SUP or any
other kind of zoning classification. This is an option or tool that someone can have to look at building a
conservation subdivision. This should not be something part of the subdivision ordinance. Also the way
it has been written with the word "may" it can 't necessarily be a mandatory requirement ; which then
again I don 't understand, if it is not a mandatory then why is there an emergency? This is not something
that has to occur; this is something that may occur. So if we are having something that may occur, then
why is it an emergency? In m y 35 years li v ing in the North Fulton area, I have only known of one
emergency that was a sewer moratorium where we had no sewer capacity with Fulton County so they
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Regular Meeting of the Milton City Council
Monday, Aprill3 , 2015 at6:00 pm
Page 16 of24
put a moratorium for any development. To make this an emergency, I am baffled and wonder why
something else could not have been worked out with the staff to keep things still moving that this would
not effect. If you went to any of these conservation meetings you heard about using a sewer system that
would have to get approved by the State and to get that State approval you have to have 10 ,000 gallons
of sewage. How many gallons does one house create? It is somewhere between 300 -500 gallons.
That means you are going to have to somewhere between 20 -30 homes to make that level. So again,
why are you restricting everyone from building , it does not make sense. Again , the restriction of 5,000
sq. ft. for anybody doing any work does not makes sense either. There are a lot of other problems with
the ordinance that I will work up on white paper and get to you all. I have built a conservation sub-
division; I have a national award for building that conservation subdivision. In that one, we only saved
30% property. That one also got an award from Gwinnett County for the Best Historic Preservation
Project. It got recognized by being a wildlife refuge by the National Wildlife Federation, who worked
with the naturalists to lay out the project and it also got recognized by the National Audubon Society as
a bird sanctuary. Things can work but not at 60% and not at these small lot sizes as well. For you to go
down to 60% does not make since . You talk to any lender and say we have an acre of land and we are
going to make 18 ,000 sq. ft. lots , can you appraise that at $200 ,000? That is what a going lot is typically
at in the Milton area and they are going to have a hard time justifying that price. Again , I say there are a
lot of issues that you have to get more in touch with some of the lenders , with developers and really
work through these issues. I would love to offer a trip out to Rivermore Park in Suwanee to show you a
conservation subdivision I built. It is on sewer, it is not on septic but it still won both local and national
awards for being a very unique development. Love to build one in Milton , but we just need to have the
right codes and right proposals to get it built. Thank you.
Howard Carson, 3082 East Shadowlawn Avenue, Atlanta, Georgia 30305
Thank you , Mr. Mayor and members of City Council. The conservation subdivision is a wonderful idea
as Mr. Reece said , but Mr. Reece only got it 90% correct. Conservation subdivisions work in unique
circumstances , they do not work in every circumstance. They work well in very large subdivisions
where you have a mass of rate paying sewer users that can afford a large company to maintain the
sewage system and all the people to incentivize a large company to come maintain these sewage
systems. With a 25 lot subdivision , you can find "Bubba 's Septic Tank Service" to come maintain that
sewage system but you remember that old political ad of who is going to answer the phone at 4:00
A.M.? In a 25 lot subdivision and someone has a problem and you have 25 people who cannot flush
their toilet and can 't find the maintenance sewer man because they have gone on spring break , who are
they going to call? They are going to call you. They are going to look at every one of you and say you
forced us into this community septic system, so you solve our problem. That bond that they put up with
the EPD , I will ask your council , does the name Jerry Wickliffe mean anything to you? These sewer
plants operators pop up like "whack-a-moles " and they come up with this new cool system to handle the
sewage , they build a couple of them and then they go bankrupt. Then you have no one left to maintain
these systems. I think Staff had it right when they made this an option not a mandate. It is right for the
Wolfe property up in the north part of the city. Great place to do that because it is environmentally
sensitive area. But to impose this mandate on every piece of land, if there is something near Crabapple
where you can do some smaller lots and walkable environment , that is a great idea, but on a piece of
land that is totally surrounded by other one acre lots , it is going to look kind of weird. You have all
these nicely manicured lots and most people have come to Milton to live with space, space between
houses , space for their kids to play ... not hear their neighbors start their car every morning. But to have
all of these developments where you have all of these cluster houses surrounded by one acre lots, is that
the look City of Milton wants? Yes , there are places for it and you should be commended for making
the effort but it does not fit every piece of land . With respect to me , I just bought 80 acres off between
Regular Meeting of the Milton City Council
Monday, Aprill3, 2015 at 6 :00pm
Page 17 of24
Thompson and Hamby Roads from a close friend of Councilmember Lusk. I have had many meetings
with staff, arborists , storm drainage experts , Jim Seeba, Jimmy Sanders, Mark Law, Ms. Fields, Rob ,
Bob ... we have had multiply discussions with Sara and Carter about traffic issues, we have met our pre-
application requirement and I am fully invested in this project. I own the land and spent nearly
$100,000 in due diligence based in part on reliance on staffs comment. I have done things the right
way .. .I reached out to staff early on asking what are my draining issues, what are my traffic issues, do I
need a left turning lane or not. If I had just submitted an incomplete application, I would not have been
affected by this moratorium, but I met with all the staff and we have been through the view shed concept
with Mark Law, and we have done a lot of work. To be affected by a moratorium when I have relied on
everything your staff has told me to do , is just simply unfair. I can submit my plans tomorrow morning
the minute your doors open. I am that ready to submit (45 set sheets of a set of plans). To stop me at
this point is just unnecessary , particularly, on something that should be optional not mandatory. The
sewer moratorium we were faced with back in the old Fulton county days, they did the right thing, when
you could prove to them that you had gone to substantive effort to meet with staff and had spent
substantive amounts of money towards developing plans based on the availability of that sewer, they let
you through the gate because they knew how vulnerable you were because of how much money you
spent and how much time you had spent on something. That was the right way to do it. I wish I had
submitted an incomplete set of plans so that I would not have been affected by this moratorium but that
is not me. I reached out to Staff and I talked to them a lot before I submitted a set of plans so that the
submittal process is easy. Don 't penalize us now for that , when we have done the right thing. Thank
you Kathy for your effort, you are doing the Lord's work. It is a great plan but keep it optional , it is the
way it should be. Mayor and Council , thank you for your time.
Councilmember Burt Hewitt
It was brought to our attention by Mr. Reece about the land disturbance permit definition of 5,000 sq. ft.
and then he mentioned major subdivision , do we have definition of what a major subdivision is?
Kathleen Field, Community Development Director
Major subdivision is more than five acres. Minor subdivision is less than five acres .
Councilmember Longoria
I had the same question as Burt, how did we come up with the one acre bottom mark in terms to what
land this was going to apply to?
Ken Jarrard, City Attorney
That is actually new and was added, since it was published , as a means of addressing one of the
gentlemen's comments. That was a request by staff and he is correct the 30 day moratorium did not
even allow that. What is in front of you now is the less than one acre land and I think that is Mr. Lucas's
direct response to me after having a discussion with the gentleman who spoke earlier, but obviously it
does not address everything.
Councilmember Thurman
A lot of these subdivisions that are under construction now are all one acre or slightly greater than one
acre lots (need to be a least an acre to be on septic), so none of these could get a land disturbance permit
for any of those lots?
Re g ular Meeting of the Milton City Council
Monday, April 13 ,2015 at 6 :00pm
Page 18 of 24
Robyn MacDonald, Community Development Zoning Manager
Typically a normal size house on one acre does not disturb more than 5 ,000 sq. ft. but there have been a
couple of situations where there has been more than 5,000 up to one acre and that is why that provision
is in there. But if you do take a typical subdivision lot you are not going to typically disturb more than
one acre on that lot. Any subdi vision under development this will not affect them because the y are not
getting a land disturbance permit they are getting a building permit. It does not come into play with all
these one acre lots.
Councilmember Lusk
Would this allow new subdivisions to be permitted so long each of those individual lots did not disturb
more than an acre?
Robyn MacDonald
If you had a minor plat (four lots or less with one being reserved for detention) you could develop it so
long as none of the disturbances were more than one acre .
Councilmember Thurman
That would include the streets and everything to put it in ?
Robyn MacDonald
Typically , a three lot subdivision is usuall y just subdividing a lot into three and you would have access
off let's say Birmingham Road or Freemanville Road. You wouldn 't create a street for three lots. It
would be a shared driveway .
The following Agenda Item Numbers 15-104 and 15-105 were deferred to Apri/27, 2015 Regular City
Council Meeting under Approval of Agenda.
ALCOHOL BEVERAGE LICENSE APPLICATIONS
2. Consideration ofthe Issuance of an Alcohol Beverage License to The Blue Den, Located at 980
Birmingham Road # 200 , Milton, GA 30004.
(Agenda Item No. 15-104)
(S tacey In g lis, Ass istant City Manage r)
3. Consideration of the Issuance of an Alcohol Beverage License to Wilbur & Rudy 's
Farmtable , LLC , Located at 850 Hickory Flat Road , Milton, GA 30004 .
(Agenda Item No. 15-105)
(S ta cey In glis, Assis tant City Ma nager)
ZONING AGENDA (No ne)
UNFINISHED BUSINESS (N one)
----------------------------------
Regular Meeting of the Milton City Council
Monday, April 13 , 2015 at 6:00pm
Page 19 of24
Councilmember Hewitt left the meeting.
NEW BUSINESS
The following Agenda Item #1 was added under Approval of Agenda.
1. A Resolution Appointing a Member to the City of Milton Parks and Recreation Advisory Board
for District 2/Post 2.
RESOLUTION NO. 15-04-332
Councilmember Kunz
I would like to recommend Joey Costanzo to be a member on the Parks and Recreation Advisory Board
for District 2/Post2 .
Motion and Vote: Councilmember Mohrig moved to approve the Appointment of Joey Costanzo as a
Member of the Parks and Recreation Advisory Board for District 2/Post 2. Councilmember Lusk
seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent for
the vote.
Councilmember Hewitt returned to the meeting.
1. Consideration of a Resolution of the City of Milton , Georgia Waiving City of Milton
Building Permit Fees for Friends of the Milton Library for the Purpose of Building a
Storage Facility to House Books for Book Sales Benefiting the Milton Public Library.
(Agenda Item No. 15-074)
RESOLUTION NO. 15-04-333
(A dministrativ ely Deferr ed at Mar ch 16, 2015 Regular C ity Co uncil Mee tin g)
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney
Mayor and members of the Council, thank you very much. This is a resolution that would wave a
building permit fee with respect to a certain improvement that the Friends of the Milton Library is
attempting to place . The improvement is to construct a storage facility dedicated to the storing of
donated books that will be sold with the sale proceeds to be used to benefit the library. The resolution,
which I drafted, goes into detail how the support and improvements , in respect to the library , is a power
that is vested in the City of Milton and this resolution of waiving a permit fees is just a means of the City
of Milton attempting to facilitate this valuable improvement. This is a project that the City of Milton
could otherwise do on its own pursuant to your Charter not attempting to establish precedent for this .
This is a one-time waiver based upon the particular area of this improvement but otherwise subject to
those qualifications , I am comfortable for the City Council to approve this.
Mayor Lockwood
For the record , I think we have three Councilmembers here that are on that board , would you
recommend they recuse themselves from the vote .
Regular Meeting of the Milton City Council
Monday, April 13 , 2015 at 6 :00pm
Page 20 of24
Councilmember Kunz
As the president of the Friends of the Milton Library , I would like to recuse myself from this vote.
Councilmember Lusk
I do so also.
Councilmember Thurman
I do so also as treasurer of Friends of the Milton Library.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 15-074.
Councilmember Mohrig seconded the motion. The motion passed unanimously ( 4-0). Councilmember
Thurman, Councilmember Kunz , and Councilmember Lusk recused themselves from the vote because
the y are on the Board of the Friends of the Milton Library .
2. Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 120
Days to Bar the Acceptance of Applications for Land Disturbance Permits for Residential
Development on Property in the R-1 , R-2 , R-2A , R-3 , R-3A , R-4 , R-4A , T-2 and AG-1 Zoning
Districts.
(Agenda Item No. 15-103)
RESOLUTION NO. 15-04-334
(Public Hearing Held at April 13 , 2015 Regular City Co un cil Meetin g)
(Ken Jarrard, C ity Attorn ey)
Ken Jarrard, City Attorney
This is simply the action item for the Public Hearing we have already had. Just for the record , I will re-
state that the moratorium in front of you is different than what was published. Mainly , the modification
that we talked about which is that the moratorium will apply to conceptual plan approval but would not
apply for land disturbance permits of less than one acre. I would like to read you paragraph three of the
moratorium as drafted. This has been in place for the entire time the moratorium has been in place. It
reads as follows:
The moratorium imposed herein does not limit the ability of property owners to continue developing
their R-1 , R-2 , R-2A , R-3 , R-3A , R-4 , R-4A , T-2 and AG-1 land where a land disturbance permit
has already issued , remains active and in effect, and does not lapse prior to completion of any
improvement authorized by the land disturbance permit. The moratorium also shall not prevent the
application for or issuance of land disturbance permits for any non-residential development on any
property .
Mayor Lockwood
The question was asked about the moratorium applying to less than one acre. Obviously , to
Councilmember Thurman 's point, if it is less than one acre it would probably not be happening in
Milton because the majority of our lots are one acre or more. We also discussed that a typical one acre
lot has about 5,000 square feet of disturbance. I want to clarity this. By having the moratorium state
less than one acre , is that clarifying it for a one acre lot or one acre of disturbed area per one lot
or. ... with this you could do a 10 acre ; 10 lots at 5,000 square feet and it would still be under our, say 9 ,
under an acre of actually disturbed area.
Regular Meeting of the Milton City Council
Monday, April 13 , 2015 at 6:00pm
Page 21 of24
City Attorney Jarrard
Well , that is a discussion that we need to have staffs input on regarding how they would interpret it but
literally, the language of the moratorium in front of you says , that it would not apply to land disturbance
permits for one acre or less of disturbance per residential development. It seems to me that it would be
based on exactly what the plan was and how much disbursed area within. So, if it was a one acre lot,
and you are disturbing 5,000 feet of that lot then it would not apply.
Robyn MacDonald
If it was only 5,000 square feet of a disturbance , if it was approved, then yes , they could. I think this
was also put in there because there was a situation with a large lot that they were , for instance, putting in
a driveway on a five acre lot so then with the disturbance it was over an acre but it was only for one lot.
So , that was , I think , part of the reason why this was inserted , for that one acre disturbance. Because it
did not make sense not to allow them to be able to develop their estate lot with all the things they
needed.
Mayor Lockwood
So , to be specific , is it referring to one lot?
Robyn MacDonald
That is not what it says but I think that was the intent. If you had a minor subdivision that did not
exceed one acre then you could go ahead and develop that minor three lots that wouldn't equal one acre.
Mayor Lockwood
That was my question. Could you develop a nine lot subdivision if you only disturb 4,000 feet per lot?
City Attorney Jarrard
There is going to be an aggregate number of anticipated square feet in the land disturbance permit
application. It is simply a matter of figuring out what that number is. If it is over one acre then that will
prohibit the city from accepting it.
Robyn MacDonald
I would suspect that a nine lot subdivision would need a street and then you would be way over one acre
anyway. Three or four lots could possibly pass.
Councilmember Mohrig
When we put this in place, we were starting the conservation subdivision ordinance. In looking at this
language, it seems like we are much more r~strictive on things that don't even need to be included in a
conservation subdivision. Have we overreached the parameters?
Kathleen Field, Community Development Director
We put in all the residential zones so they were included so as we move forward developing the
subdivision ordinance that we did not miss any of them should they become applicable. Clearly , the
AG-1 is apparent. Some of the others which have smaller lots with sewer may also be eligible for a
conservation subdivision. Because we have not fully developed the ordinance and it is still under
review , to be prudent, we included all of the zoning districts. Ninety percent of them will be in the AG-
1 district but not necessarily all of them .
Regular Me eting of th e Milton City Council
Monday, April 13 , 2015 at 6:00pm
Page 22 of 24
Councilmember Mohrig
How many acres are we referring to when we talk about a conservation subdivision?
Kathleen Field
We have certainly talked about all sizes and have used the number of gallons of water used per day as
the threshold. The state EPD has a certain threshold of 10 ,000 gallons per day and that is probabl y
about 15-17 homes . Do you want to use that threshold ? Do you want to use everything that is not in a
minor subdivision which is about 2,000 gallons per day? We have talked about a whole slew of options
but nothing has been finalized. Economically, there should be at least 50 homes. There has been a lot
of discussion about where the threshold is to start a conservation subdivision.
Councilmember Longoria
I agree that we need to discuss in more detail the bar we are setting in terms of what this applies to and
what it does not apply to . I would hate to think that we are getting in the way of certain things that in
reality are not impacted by this moratorium at all. We originally thought that 120 day s would be enough
time to finalize a conservation ordinance ; however, we all know that typically projects are extended to
the allotted amount of time and not completed before that. So , I would like to suggest making the
moratorium 60 days as opposed to 120. Even though we can stop it any time we want , the idea of
putting a limit on oursel ves will inspire us to get the work done. In addition, it shows the people who
are on both sides of this argument that we are trying to get the work done as quickly as possible.
City Attorney Jarrard
As I mentioned earlier, we want to narrowly tailor the moratorium to only include the zoning areas that
will ultimatel y be affected by the conservation subdivision ordinance . I think that staff made a good
decision to make it fairly open-ended at first because we didn 't know where the ordinance would land.
In speaking with Kathy Field earlier, she indicated that the ordinance could potentially be ready by
about June 15th which is in line with your 60 day recommendation.
Councilmember Lusk
From everything that I have heard from staff and Kathy in particular, is that we were hoping for a
completion date around June 15th . We have already established the schedule with the different boards
and committees as well as having public information meetings. I do not see anything wrong with
keeping the 120 days in place. We are on track to resolve this issue in half that time but in keeping it at
120 days , we will not have adjust the time schedule every few weeks or so. There are a lot of moving
parts regarding this issue. If there are some people out there "waiting at the gate " who have spent a lot
of time and money on plans for submittal , I suggest that we "open the gate " at that time . As we proceed ,
it may become obvious which zoning classifications need to be removed from the moratorium.
Councilmember Thurman
If the purpose of the moratorium is to gi ve us time to create a conservation subdivision ordinance , then
are we putting something in place that is much broader than the purpose can support?
City Attorney Jarrard
In addition , one of the issues that was brought forth during public comment is whether creating a
conservation subdivision will be a mandatory or optional action.
Regular Meeting of the Milton City Council
Monday, April13 , 2015 at 6 :00pm
Page 23 of24
Councilmember Hewitt
Can we wait until after the Planning Commission meeting next week to make a decision regarding
which zoning districts will be applicable to the moratorium and then make a decision at our next
regularly scheduled meeting on April 2ih?
City Attorney Jarrard
This particular moratorium and the language that it entails has been legally advertised and a public
hearing has been held. If you modify the language , we will have to re-advertise and have another public
hearing.
Councilmember Lusk
I don 't think we have enough information at this time to start excluding one classification or another. I
don't know who will be impacted during the time we are working on the conservation subdivision
ordinance. I do not know how many applications we have outstanding.
Robyn MacDonald
There was a rezoning that was done a couple of years ago for an R-3 that is located on the lower part of
Hopewell Road. It has accessibility to sewer. There is nothing that I can think of, other than that parcel
on Hopewell Road , which is zoned for something other than AG-1 that has not been developed.
However , the whole area of Hopewell Road has the potential for accessibility to sewer. Staffs intent
was that , "There is a beautiful piece of property on the west side of Hopewell with a lake that could
benefit from a conservation subdivision as an R-3 or whatever." However, it is not zoned that yet , or
maybe it is an AG-1 and it stays AG-1 and becomes a conservation subdivision. We were proceeding
with an abundance of caution since there are limited areas that are sewer that you would need R-3 , R-4 ,
or R4-A but maybe you just keep it AG-1 and put sewer to it and create smaller lots with a conservation
subdivision. To answer your question , we are not holding anything up at this point.
Mayor Lockwood
I want everyone to know that the moratorium is not limiting development. It will just hold off
development until we can establish a conservation subdivision ordinance. A lot of things will depend on
whether or not the conservation subdivision ordinance is made mandatory or optional. I hope that there
are not unintended consequences to this moratorium. I also think we need to consider that some of the
developments that are already in the process have larger lot sizes and if they wait to build a conservation
subdivision , it may lead to more density .
Councilmember Mohrig
Kathy, how many people do you know of that are extremely close to submitting an LDP application?
Kathy Field
My understanding is that there are probably about two individuals that are very close to submitting an
LDP application. After speaking to Jimmy Sanders, who handles the LDP applications , he indicated that
an acceptable submission would be an application with an engineered plan.
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Regular Meeting of the Milton City Council
Monday, April 13 ,2015 at 6:00pm
Page 24 of24
Motion and Vote: Councilmember Hewitt made a motion to approve the red-lined version of Agenda
Item No. 15-103, "Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium
for 90 Days to Bar the Acceptance of Applications for Land Disturbance Permits for Residential
Development on Property in the R-1 , R-2 , R-2A , R-3 , R-3A , R-4 , R-4A , T-2 and AG-1 Zoning
Districts" to go into effect on Monday , April 20 , 2015 at close of business (5 :00pm) and for the council
to reserve the right to remove any restrictions at any open meeting. Councilmember Thurman seconded
the motion. The motion passed unanimously (7-0).
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) ADJOURNMENT
(Agenda Item No. 15-106)
Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 8:09 p.m.
Councilmember Lusk seconded the motion . The motion passed unanimously (7-0).
Date Approved: April27, 2015
Sudie AM Gordon, City Clerk