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HomeMy WebLinkAboutMinutes CC - 06/13/2016 - MINS 06 13 16 WS (Migrated from Optiview)Work Session of the Milton City Council Monday, June 13 , 2016 at 6:00 pm Page I of20 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 Work Session of the Mayor and Council of the City of Milton was held on June 13, 2016 at 6:00 PM. Councilmembers Present: Councilmember Karen Thurman, Councilmember Matt Kunz, Councilmember Bill Lusk and Councilmember Rick Mohrig. Councilmembers Absent: Councilmember Burt Hewitt, Councilmember Joe Longoria Mayor Joe Lockwood presided over the meeting. • Work Sessions are an informal setting to update Council on business items. • No votes will be taken during these sessions. • There are eight (8) items on our Agenda tonight. • Public comment is allowed that is germane to an Agenda Item. • If you wish to speak you are required to fill out a comment card and turn it into the City Clerk staff. • Public comment will be allowed for a total of 10 minutes per agenda item and no more than 2 minutes per person. • Public comment will be heard at the beginning of each Item. • Once the item is called, no other comment cards will be accepted . The following discussion led by Kathleen Field, Community Development Director, pertains to Agenda Item numbers 1-5 as follows : 1. Discussion ofRZlS-18 -To Amend the AG-1 (Agricultural) District, Chapter 64 , Article VI , Division 2. (Kathleen Fi eld, Community Developm ent Director) 2. Discussion ofRZlS-19 -To Amend the R-1 (Single Family Residential) District, Chapter 64 , Article VI, Division 3. (Kathlee n Fi eld, Community Developm ent Director) 3. Discussion of RZlS-20 -To Amend the R-2 (Single Family Residential) District, Chapter 64 , Article VI, Division 4. (Kathleen Fi eld, Community Dev elopm ent Director) Work Session of the Milton City Counc il Monday , June 13 , 2016 at 6 :00 pm Page 2 of20 4. Discussion of RZlS-21 -To Amend the R-2A (Single Family Residential ) District, Chapter 64, Article VI, Division 5. (Kathle en Field, Community Dev elopment Dir ector) 5. Discussion of RZlS-23 -To Amend the CUP (Community Unit Plan) District, Chapter 64 , Article VI , Division 23. (Kathleen Field, Com munity D evelopment Direc tor) Kathleen Field, Community Development Director The following summary pertains to the discussion of RZ15-18 through RZ15-23. We have made the same changes to each of the se zoning districts. The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 "Rural Design" which pertains to number 7 on the agenda toni ght. Staff notes that at the Planning Commission 's meeting on May 25 , 2016 , they recommended approval ofRZ15-18 , RZ15-19 , RZ15-20 , RZ15-21 , RZ15-23, and RZ15-24 as submitted in this packet. In addition , they recommended withdrawal of Chapter 50-162 "Rural Design" The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the C ity with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City . Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 "Rural Design" of the City Code) or the Milton Rural Overl ay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-l 8), R-1 (RZl 5- 19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that it is Staff's recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business , kennel , or veterinary hospital , as they are required to be developed a maximum of 30 feet from the road . This requirement is already within the Rural Milton Overlay. Work Session of the Milton City Council Monday, June 13 , 2016 at 6:00 pm Page 3 of20 SPECIFIC ISSUES ADDRESSED -WITH ACCOMPANYING ACTION ITEMS 1. Street Design -See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes , sidewalks, and trails have been addressed . 2. Entrances-See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design . In situations where there is signage, it shall be shingle style , mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. 3. Rural Viewshed -See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary setback if a primary variance is approved. In addition , a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore , the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary . It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not "formal " in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating "rural viewshed" on the fence will be required to be installed prior to any disturbance or construction. Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 4 of20 b. Creation of "Chain of Title Affidavit" -See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition , Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision 's home owners association 's documents. This requirement will be added to the Final Plat subdivision checklist. Lastly , the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. c. Changes to Other Documents Changes are proposed to the "Land Disturbance Permit", "Building Site Plan", and "Final Plat" so as to indicate the location of the rural viewshed on each of these documents. In addition , the location of any disturbances , add itional plantings , etc. will be reflected on the LDP and individual site plan. Additional language will be included on the "Building Permit" issued by the City , and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new de velopments currentl y require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle de velopment on the property to ensure that the plans are adhered to for the site. This meeting is alread y mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City's "Welcome Packet" Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners , information about individual septic systems , stream buffers , the rural viewshed and the City 's tree removal regulations . f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve the ir existing rural viewshed. Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 5 of20 g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed . It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required . Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in "Appeals", Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process , should Staff be given affirmative direction on this issue. 5. Pre-Development Notification and Public Informational Meeting-See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions -See Sec. 64-419 Within the proposed text amendment of the individual zoning districts , Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for "rural viewshed " which should provide clarification in understanding what a rural viewshed is . 7. Violations and Penalties -See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed , Staff proposes the following: "For any disturbance of the rural viewshed before the appropriate approvals are issued , the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist." Work Session of the Milton City Council Monday , June 13 , 2016 at 6:00 pm Page 6 of20 8. Proposed Changes to th e Tree Preservation Ordinance -Chapter 60 of the City Code Staff suggests that to further imp ro ve Milton's rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a n ew one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this ta sk will be underway in the next 30 days . Councilmember Longoria Do we have other viewsheds that we have defined within our ordinances? Is rural viewshed the only viewshed that we use in that context? Robyn MacDonald, Zoning Manager I don 't believe we have any others. Councilmember Longoria The reason I am asking the question is because we use the term rural like it has a very well-defined meaning. When we combine the word rural with the word viewshed, it makes us think that there are other viewsheds; not just rural. As if we are trying to enforce multiple viewsheds and I don 't think that is the case. Maybe, at some point, we will clean up the terminology but it seems to be confusing right now. Councilmember Lusk How do these property owners get notified of these changes? I would not want a property owner to find out about these changes for the first time when they go to sell their property. Councilmember Thurman Do we know how many property owners these changes will affect? Kathy Field No , GIS has not run that report yet. Councilmember Thurman I think we need to notify the affected property owners so we cannot be accused of doing something under the table. Mayor Lockwood I believe the intent is more for future development. Perhaps, putting in a new neighborhood or whatever. There are certain thi ngs that the community likes such as pastures, horses, etc. Councilmember Lusk Which brings up another point, how do you describe undisturbed buffer? Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 7 of20 Councilmember Mohrig Kathy, are there limitations on the number of acres a property owner owns? Does it apply to every parcel along the roadway? So , if I own one acre with my home, does that limit what I can do ? Am I automatically a part of the rural viewshed or is there a minimum acreage that this only applies to or does it only apply to new subdivisions? Are there limits or does it apply to everyone ? Kathy Field Robyn, correct me if I am wrong but my understanding is that it excludes minor subdivisions. Robyn MacDonald There are two ways of looking at it. It applies to everybody, but as far as individuals receiving a notification, we are trying to come up with a notification of developments , so that is where we differentiate between a minor plat and a regular subdivision. Three lots or less is a minor plat and anything above three lots would be a regular subdivision. So , everything would apply and I would concur with the Mayor and the City Attorney will agree. Right now, if you just own four acres , let 's say the Mayor owns his property and he has it in perpetuity, and he never improves his property any further , there is a rural viewshed but these changes really just apply to future development. So , if somebody buys one lot; a two acre lot to build one house, and they are getting ready for the building permit, we are going to look at is as a rural v iewshed. But, somebody w ho already has land, it is good for them to know this information if they ever sell their property or subdivide their property, they would have to adhere to these new rules. The rule is for all properties but as far as the notification and a public information meeting , that only applies to regular subdivisions; anything above three lots. Mayor Lockwood I think this needs to pertain more to a subdiv ision; more than three lots. Because, let 's say someone buys five acres and wants to build a house and a barn. lfwe make them plant all types of plantings along the roadway, that is the opposite of what our citizens want. Robyn MacDonald And, that is why we have a review by the Arborist. For instance , if you have a pasture and you want to build a barn in front and y our house sits way back, that is part of the rural viewshed. That is why we put in the design process . It is not that you have to put in a buffer. Whatever is there , if it is rural , we want to preserve it; whether it is a field or forest. Or, even a farmer who has a stable and wants to clear land for a pasture. That is why the Arborist if involved in the process to help create the pasture . It is not that you have to put up a screen. That is why we are changing the terminology because it became very confusing regarding an undisturbed buffer. It is not a buffer in the traditional sense. It is more of a setback. That is why we came up with a primary and secondary, the definitions , and what can be done within those areas . Councilmember Longoria Is the affidavit a commonly used tool ? Are we going to set off alarms now requiring this affidavit? Work Session of the Milton City Council Monday, June 13 , 2016 at 6:00 pm Page 8 of20 City Attorney Jarrard Yes, it is a tool that is commonly used. The reason we are requiring this now is because it will be put in the chain of title and I would rather it be in there if this is going to be our law versus not including it. Councilmember Longoria I am much more in favor of te ll ing people what we are doing to them versus them finding out accidently. I am completely in support of that. I am worried about the idea that an affidavit is all of a sudden some kind of a hindrance to somebody making a decision to buy a piece of property in Milton versus somewhere else. I don 't want our citizens to think we are getting in their business and possibly taking away their ability to do what they want with their property. City Attorney Jarrard I do not think this affidavit will prevent a closing. It may create a pause or reflection on a piece of property but will not ultimate ly prevent someone from selling their property. Mayor Lockwood I think this needs to be simplified. To me , this pertains to future subdivisions. I think we need to word it where it does not pertain to a minor subdivision, three lots or less, or a rural agricultural piece of property , it does not apply to . I think it needs to apply to new subdivisions; requiring a buffer so you don 't see the sub division from the road . So , instead of a required affidavit , it will be like our existing tree ordinance. If someone wants to clear cut, they have to go through the Arborist. With this new language, if a developer wants to build a new subdivision, he is made aware of the changes and know s on the front end and when people want to buy the new homes, they are aware that they can 't tak e the buffers out. This would be a better avenue to take rather than notifying all property owners and getting everyone upset about these changes. City Attorney Jarrard The affidavit is not legally requi red . All our citizens have to abide by the laws. We are just trying to ensure that the look and feel of Milton remains as the citizens want and expect it to. Councilmember Thurman I understand what we are trying to do but everyone needs to understand that historically, the Milton area was made up of old houses and farm structures that were built very close to the road. It was definitely more rural then than it is now. So, it is like we are trying to redefine what we want rural to be when it comes to a singl e family residence. Clearly, with subdivisions and all the clear cutting, we have to find a way to keep that from changing what we view now. Councilmember Lusk Ken , I am assuming you have been involved in similar instances like this where the setbacks have been increased. I am anticipating discussions regarding this in the future. What is the issue with taking of property? Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 9 of20 City Attorney Jarrard Yes , that is something the council should think about because the way this is structured right now , it anticipates that there will be no variance except a secondary setback and only the primary setback ifthere is a septic system failure indicated by Fulton County. So , your variance allowance is fairly thin. One of the main reasons for having a variance process is to look at it on a case by case basis . Kathy Field I have now finished reading the memo summary and would like to move on to the specific changes that apply to each one of these text amendments. U) All entrances off of a public right-of-way shall be rural , simple and rustic in design . These entrances shall be subject to the approval of the city architect. (1) Signage shall be one of the following designs: a. Shingle style b . Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision 's road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone , or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited . (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street 's right of way . (4) No water features are permitted. (k) Rural viewshed. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way , whichever is more restrictive , along the exterior streets for buildings , accessory structures , and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 40-foot primary setback , except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings , accessory structures, and swimming pools for lots adjacent to exterior streets ; a. Indi vidual septic systems may be installed in the secondary setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. Work Session of the Milton City Council Monday, June 13 , 2 016 at 6 :00 pm Page 10 of20 c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the des ign of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include : a. Evaluation of current state of vegetation; b. Screening .of the structures (Note: additional plantings of indigenous plantings and grasses ; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lo ts subject to a rural viewshed , architectural elevations shall be re viewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64- 1151; and (5 ) After issuance of the necessary permits to disturb the property but before the required pre- construction meeting , the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees , protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition , a sign shall be posted on the fence every 25 feet indicating "rural viewsh ed"; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks . (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed , every legal or benefic ial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affi davit stating the following : "At the time of the execution of this Affidavit , the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance , located in Chapter 64 of the Code of Ordinances of the City of Milton , Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed , which includes portions of prop erty adjacent to streets not located within a platted subdivision." In addition , a copy of the Affi davit must be provided to any transferee of a legal interest in the parcel no later than the final clo sing of the transfer. Sec. 64-417 -Fencing. (a) Fencing along exterior street s shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood , stone or masonryposts . (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white , black, or dark brown in color. (4) Opaque fences are prohibited . (5) Chain link fences are prohibited . (6 ) Fences shall be set back a minimum of three feet from a public right-of-way. Work Session of the Milton City Council Monday, June 13 , 2016 at 6:00 pm Page 11 of20 (7) If the side , side comer or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year . (b) Fencing along interior subdivision streets , including front, side comer, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. ( 4) If a front , side , side comer, or rear lot line borders an exterior street, subsection G) applies. ( c) Fencing along side, side comer, or rear of nonsubdivision lots : (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front , side , side comer or rear lot line borders an exterior street, see subsection G). ( d) Barbed wire is prohibited on any single-family residential lots , except when part of a legitimate agricultural use. Sec. 64-418 -Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non-residential uses , the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting . ( c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. ( d) The mailed notices shall contain the time , place , and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property . ( e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-419 -Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising , growing , harv esting, or storing of crops , including, but not limited to , soil preparation and crop production services such as plowing, fertilizing , seed bed preparation, planting, cultivating, and crop protecting services; feeding , breeding, or managing livestock, equine , or poultry ; producing or storing feed for use in the production of livestock, including, but not limited to , cattle , calves , swine , hogs , goats , sheep , equine , and rabbits , or for use in the Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 12 of20 production of poultry , including , but not limited to , chickens, hens , ratites, and turkeys; producing plants , trees , fowl , equine , or other animals; producing aquacultural, horticultural , viticultural , silvicultural , grass sod , dairy , livestock , poultry, egg , and apiarian products; processing poultry ; post -harvest services on crops with the intent of preparing them for market or further processing, including but not limited to cro p cleaning , drying , shelling , fumigating, curing, sorting , grading , packing , ginning , canning, pickling, and cooling; slaughtering poultry and other animals ; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings , dressage fi elds , and related activities to the equine industry . Agricultural operations does NOT include constructing , installing, altering , repairing, dismantling , or demolishing real property structures or fixtures , including , but not limited to , grain bins , irrigation equipment , and fencing. Construction means the process , act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. D evelopment means any manm ade change to improved or unimproved real estate including , but not limited to: ( 1) Buildings or other structures ; (2 ) Mining ; (3) Dredging , filling , clearing and grubbing ; ( 4) Grading and paving ; and (5) Any other installation of impervious cover , excavation or drilling operations or storage of equipment or materials . Developm ent area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including , but not limited to: (1 ) A mortgagee or vendee in possession ; (2) Receiver; (3) Executor ; ( 4) Trustee ; (5 ) Lessee ; or (6) Other person in control of th e site. Parcel means the basic lawful unit of land , identifiable by a single deed . A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot ," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility , but is not in final form for recording , pursuant to these regulations . The conceptual plan is the first stage in securing a land disturbance permit. Rural View shed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a forty ( 40) foot primary setback, that section located closest to the exterior street ; and , a twenty (20) foot secondary setback, located immediately contiguous to , the primary setback. Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 13 of20 Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed , or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-420 -Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued , the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. Sec. 64-421. -Other regulations. The following headings contain provisions applicable to the AG-1 district : (1) Development regulations: Article XVII of this zoning ordinance. (2) Exceptions: Article II , division 3 ofthis zoning ordinance. (3) Floodplain management: Article IV of this zoning ordinance. (4) Off-street parking and loading: Article VIII ofthis zoning ordinance. (5) Outside storage : Article II , division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: Article III of this zoning ordinance . (7 ) River protection: Metropolitan River Protection Act, O.C .G.A. § 12-5-440 et seq . (8) Signs: Article XVI. Those are the changes that we are requesting for RZ15-18 through RZ15-23 . 6. Discussion ofRZlS-24 -To Amend the Rural Milton Overlay for Single Family Type Uses (Sec. 64-1141 ). (Kathleen Fi eld, Community D ev elopm ent Direc tor) Kathleen Field, Community Development Director This agenda item essentially deals with the Rural Milton Overlay and we have made just a couple of changes. We have deleted the reference to the rural viewshed because we have now placed it in each of the individual zoning districts so it does not need to be in this section . In addition , we added more language dealing with stormwater facilities . We really want to move toward a more organic type of stormwater facility as opposed to the old wall type stormwater facilities . So , we have added language that now reads , "Stormwater better site designs and nonstructural stormwater management practices shall be required unless allowed by the director of public works . (a) Landscaping. (1 ) Clear cutting is prohibited , howe ver , land clearing, timber harvesting , tree farming and agricultural clearing may be allowed within the context of a development clearing permit. Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 14of20 (2) No removal of protected trees (chapter 60 , article II) is permitted on the site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. (b) Storm water management facilities . (1) All facilities shall be in compliance with the Stormwater Management Manual (chapter 20 , article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be required unless allowed by the director of public works. (4) All detention facilities shall have a minimum ten-foot-wide landscape strip planted to buffer standards with e v ergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. (c) Height. (1) There shall be a maximum height limit of two stories with the maximum height of28 feet from average finished grade to the bottom of the roof eave . ( d) Lot co v erage. (1) Lot coverage for each individual lot zoned AG-1 , R-1 , R-2 and CUP shall not exceed: a. 25 percent for lots that front on private streets ; and b . 20 percent for lots that front on public streets. (2) Lots that are both (a) located within the Birmingham Crossroads Overlay District and (b) not zoned AG-1 are exempt from the lot coverage requirements of subsection (d)(l ) above . (e) Prohibited building compon ents. (1) The following building components shall be prohibited: metal gates, burglar bars , chain link fence , metal roll down curtains. (f) Retaining walls . (1) Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only . If viewed from the street, walls shall provide a 360-degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. Councilmember Thurman I would like to add verbiage to the last sentence above to read , "Retaining walls above three feet high shall have a continuous planting of evergreens as appro ved by the Ci ty Arborist. Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 15 of20 7. Discussion Regarding Amending Chapter 50 , Subdivisions, and Creating Section 50-162 , Rural Design. (Kathleen Field, Community Dev elopm ent Director) Kathleen Field, Community Development Director We recommend that this be withdrawn because this was our first attempt to put this whole rural viewshed into the subdivision ordinance. And , as I previously mentioned , our City Attorney recommended that we take it out of the subdivision ordinance and put it into those individual zoning districts. Because we advertised it, it needs to be addressed and action taken. So , we recommend withdrawal since we are not using it as a vehicle for the rural viewshed changes anymore . 8. Discussion Regarding Chapter 48 , Streets , Sidewalks , and Other Public Places. (Carter Lucas , A s sistant City Manager) Carter Lucas, Assistant City Manager I would like to go through some proposed changes to Chapter 48. There are several administrative changes such as clerical and efficiency changes that we have made. I will skip those unless you have specific questions. We have updated tables and criteria to match current standards in the Georgia DOT driveway manual so you will see that many of the tables have been updated to reflect these changes. I would primarily like to talk about the four main issues: 1. Entrance requirements 2. Auxiliary turn lanes to include deceleration lane and left tum lane 3. Use of gravel roads 4. Sidewalks and trails Under the current ordinance , a typical subdivision is set up to provide a deceleration lane and sometimes a left turn lane , curb and gutter across the entire frontage into the interior of a subdivision. We want to promote a more rural type section. So , one of the things we have looked at is to add entrance details associated with a residential subdivision entrance. This includes a subdivision with internal curb and gutter as well as a subdivision that would like to have a more rural section within the subdivision and then tie into our roads. So , we have a section that details an internal road with no curb and gutter , a more rural section internal to the subdivision, onto a external road that has no curb and gutter. So , what we are trying to protect against is in some cases you can give some positive guidance around the radius. In this case , the positive guidance is a vertical curb and gutter and stops short of a through travel lane. In some cases , there is no positive guidance and the radius is not great. We do not have any problem in this case scenario and I can 't tell you why people don 't run off the road here and they do in other cases . It may have something to do with the number oflots and the volume of traffic coming into the subdivision. Typically, we see large vehicles and trailers running off the road and producing hazardous areas with drop offs along the edge. We have tried to provide some type of positive guidance around the radius to protect the edge. So , the other situation we were looking at is probably more typical of what we have seen here recently which is a subdivision that has curb and gutter internal to the development Work Session of the Milton City Council Monday , June 13 , 2016 at 6:00 pm Page 16 of20 but no curb and gutter external. We have added some detail, which comes from the Georgia DOT, regarding how an entrance would look when tied into a non-curb and gutter external street. So , we have recommended the following ve rbiage : Sec. 48-416 . -Auxiliary tum lanes. (a) When any auxiliary tum lane that extends beyond the applicant property frontage , the applicant will be responsible for acquiring the necessary rights-of-way and easements in order to accomplish the necessary frontage improvements. (b) Except where necessary to control traffic, drainage or where necessary for the construction of sidewalk and trails , the use of barrier curbs on external roadways should be avoided for safety, and simplicity. Sec . 48-417. -Minimum requirements for deceleration lanes. (a) The provisions of this section shall generally apply to auxiliary lanes installed on the approach to an intersection that provide for deceleration and storage of vehicles waiting to tum right or left. Such lanes are always beneficial and will be required in conjunction with driveway permits when projected traffic volumes exceed minimum levels as provided in the following sections. (b) Right tum deceleration lanes must be constructed at no cost to the city if right turning volumes (RTV), based on ITE Trip Generation (assuming a reasonable distribution of entry volumes as approved by the City Transportation Engineer) meet or exceed the values shown in Table 10. Passing lane sections fall under the criteria for two or more lanes. ADT Posted Speed < 6,000 >= 6 ,000 35 mph or less 200 RTV 100 RTV 40 mph-50mph 150 RTV 75 RTV Table 10 : Minimum Volumes Requ iring Deceleration Lanes. ( c) In the event the city traffic engineer feels that field conditions or other factors indicate that it would be in the city's best interest to waive the decel lane requirement, the city traffic engineer must document the recommendations. The recommendations shall be approved by the public works director and be attached to the permit. The city traffic engineer may also require the Work Session of the Milton City Council Monday, June 13 , 2016 at 6 :00 pm Page 17 of20 addition of a right turn lane , even when the conditions in Table 10 are not met, if roadway geometry or field conditions indicate that the safety of the traveling public would be improved. The recommendation must be documented and approved by the director of public works for inclusion with the permit. (d) The right-of-way for deceleration lanes must be dedicated in fee simple to the city for the city to maintain. A limited warranty deed is not acceptable when the right-of-way is donated to the city. When the construction of a deceleration lane is not required the right of way shall be dedicated to the city in sufficient width to allow for the future construction of the lane when condition warrant. ( e) The pavement specifications for deceleration lanes must be the Georgia DOT Standard Specifications for Construction of Roads and Bridges, except as approved by the public works director in cases where a lesser design may be acceptable or where a proposed project is expected to tie in. Sec. 48-418 . -Deceleration lane design. (a) This section provides the design guidelines that should be used to establish the lengths of turn lanes if the y are required. Turn lanes should provide a full-width lane that is long enough to allow for vehicles to decelerate from the operating speed to a full stop in addition to the length of full-width lane that is needed to store v ehicles waiting to tum. Table 11 contains guidelines for lengths of tapers and full-width turn lanes for deceleration right turn lanes . Speed (mph) 35 40 45 Table 11 : Minimum Deceleration Lane Lengths Full Width Storage (in feet) 100 150 175 Taper (in feet) 50 50 100 (b) When traffic studies are conducted, the length of full-width lane needed for storage should be determined. If the length of full-width storage is greater than the length of full-width storage shown in Table 11 , the longer length should be provided. ( c) At signalized intersections , the amount of storage for both right and left turns can be based on the number of vehicles arriving during 1.5 signal cycles. Work Session of the Milton Ci ty Council pm Monday, June 13 , 2016 at 6 :00 Page 18 of20 (d) For unsignalized inte rsections, a commonly used rule of thumb is that left turn storage should es arriving during a two-minute period. Minimal storage is required for ignalized intersections. accommodate vehicl right turn lanes at uns Sec. 48-419. -Minimum requirements for left turn lanes. (a) Left turn lanes must on ITE Trip Generati be constructed at no cost to the city if left turning volumes (LTV), based on (assuming a reasonable distribution of entry volumes as approved by on Engineer) meet or exceed the values shown in Table 12 .. Passing lane e criteria for two or more lanes. the City Transportati sections fall under th ADT Posted Speed < 6,000 >= 6,000 35 mph or less 300 LTV 200 LTV 40 mph-50mph 250 LTV 175 RTV Table 12: Minimum Volume s Requ iring Left Turn Lanes. (b) (c) In the event the city t raffic engineer feels that field conditions or other factors indicate that it nterest of the city to waive the left turn lane requirement, the city traffic ument the recommendations. The recommendations shall be approved by ector and be attached to the permit. The city traffic engineer may also of a left turn lane, even when the conditions in Table 12 are not met, if field conditions indicate that the safety of the traveling public would be would be in the best i engineer must doc the public works dir require the addition roadway geometry or improved. The reco mmendation must be documented and approved by the public works with the permit. director for inclusion The right-of-way for left turn lanes must be dedicated in fee simple to the city for the city to warrant y deed is not acceptable when the right-of-way is donated to the truction of a deceleration lane is not required the right of way shall be in sufficient width to allow for the future construction of the lane when maintain. A limited city. When the cons dedicated to the city condition warrant. Work Session of the Milton City Council Monday , June 13 , 2016 at 6 :00 pm Page 19 of20 Regarding gravel roads, we have recommended the following: Proposed private unpaved (gravel) roads shall be exceptional and residential in nature. Private gravel roads may be permitted under the following conditions: a. When the projected ADT is less than 400 VPD ; and, b. The proposed gravel road does not connect to more than one higher classification road; c. The typical section is constructed in accordance with standards developed by the Public Works Department. Proposed public unpaved (gravel) roads shall not be allowed. Moving on to Fixed Object Mailboxes . These are a hazard in the right-of-way . When they get hit ; we are not allowing them to be rebuilt. We propose the following change to our ordinance: • Fixed object mailboxes (i.e., brick, stone, concrete , stucco, anything other than a standard mailbox) are not allowed within the right-of-way . Installations of such mailboxes shall also be subject to other requirements of this chapter and the AASHTO Roadside Design Guide , current edition. Regarding sidewalks and trails. There was a lot of discussion about the location of sidewalks and our sidewalks to nowhere. And , so we are recommending limiting the installation of sidewalks, this does not include trails as shown on the trail masterplan, to include the typical sidewalk that is located in front of any residential subdivision to within an area of a half mile of a school or an active public park. In addition, the Planning Commission recommended that we activate a sidewalk bank ; in other words , if you are required to install a sidewalk but did not want to do it or the city did not want you to do it, you could contribute those funds to the sidewalk bank. So, when we had a sidewalk that needed to be constructed, we could use those funds to install the sidewalk . Regarding the construction of trails , essentially what we have done is gutted the section to basically indicate that if you have a required trail by the masterplan, you will be paying for it under your development impact fees and the city will install it at some future date. Easements and right-of- ways will have to be provided in order to do this. The Planning Commission recommended that we establish the limits of the right-of-way and the necessary easements to build the trail and start counting the viewsheds from that point. EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to go into Executive Session to discuss Personnel and Pending Litigation at 8:15 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). Work Session of the Milton City Council Monday , June 13 , 2016 at 6 :00 pm Page 20 of20 RECONVENE Motion and Vote: Councilmember Longoria moved to reconvene the Work Session at 8:45 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (7 -0). Date Approved: September 7, 2016 Clerk Joe Lockwood , Mayor STA TE OF GEORGIA COUNTY OF FULTON CITY OF MILTON ) ) ) ) ) AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS Personally appeared before the undersigned officer , duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD , who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MIL TON , and after being first duly sworn , certifies under oath and states to the best of his knowledge and belief the following : At a Regularly Scheduled City Council Work Session Meeting held on June 13 , 2016 , at 6 :00 PM the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] 1. __ discussion or voting to authorize negotiations to purchase , dispose of, or lease property ; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate ; entering into contract to purchase , to dispose of, or lease property subject to approval in a subsequent public vote ; or entering into an option to purchase , dispose of, or lease real estate subject to approval in a subsequent public vote pursuant to O.C.G.A , 50-14-3(b)(l)(B-E); 2 . X discussing or deliberating upon the appointment , employment , compensation, hiring , disciplinary action or dismissal , or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C .G .A. 50-14-3(b)(2); 3 . X attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims , administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agenc y or any officer or employee may be directly involved , pursuant to O .C .G.A. 50-14-2(1). 4. other (explanation): I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy , with the exceptions provided by law as set forth above. SWORN TO AND SUBSCRIBED b~~l1111 this 13 11t day of June , 2016. ,,,~ ~ ••••••• '!D(/'"-. $ r •• ::;,ss•ON ~·· '1' ', ... '3 ··~--+-~·· # ... •O ~·. L' : "1 l~CJ ~OTA/1J-\\ -: = o.~ -·-i <.!>: --· ·er--o#<I ~ A . ,CJ • • • •. ·u _, : ._ Notary Public My Commission Expires :