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HomeMy WebLinkAboutMinutes CC - 06/21/2017 - MIN 06.21.17 SC (Migrated from Optiview)Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6:00 pm Page 1 of 9 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. A Special Called Meeting of the Mayor and Council of the City of Milton was held on .Tune 21, 2017 at 6:00 PM, Mayor Pro Tem Thurman presiding. CALL TO ORDER Mayor Pro Tem Thurman called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Longoria. Councilmembers Absent: Mayor Lockwood, Councilmember Hewitt, and Councilmember Mohrig. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 17-160) Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (4-0). Mayor Lockwood, Councilmember Hewitt, and Councilmember Mohrig were absent from the meeting. PUBLIC COMMENT The following individuals submitted a public comment card: Roger Bauer, 2020 Knightsbridge Way, Alpharetta, Georgia 30004 Sally Hildebrant, 5115 Jonquilla Drive, Alpharetta, Georgia 30004 Tamar Faulhaber, 2040 Kinghtsbridge Way, Alpharetta, Georgia 30004 Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6:00 pm Page 2 of 9 NEW BUSINESS 1. Consideration of a Moratorium on Receipt of Applications for Land Disturbance Permits in Crabapple Form Based Code Deerfield Area. RESOLUTION NO. 17-06-433 (Agenda Item No. 17-161) (Ken Jarrard, City Attorney) Kathleen Field, Community Development Director We will address the following questions: 1. What are the potential parcels that would be affected? The parcels that are located along the external borders of the Crabapple Form Based Code District. 2. What is the history of development in Crabapple? 3. How does Form Based Code differ from a Zoning Overlay? 4. How does Milton develop within the Crabapple District? 5. How do other municipalities utilize Form Based Code and buffers? I want to begin the presentation with the parcel that generated this discussion. This is a parcel that is currently being reviewed by the Board of Zoning Appeals. The parcel is located on Broadwell Road. It is the last parcel in the city on the east side. It is located within our Form Based Code. It has a T4 zoning designation and the rear of the property has a T2 zoning designation. The two zoning designations essentially divide the parcel in half. The rear part of the property, the T2 designation, is comparable to an AG -1 zoning. There is also a stream that runs through the property so it is a very difficult area to develop. Immediately to the south are the homes that are in located in the City of Alpharetta. We went back to the original zoning on that subdivision and at the time that this area was rezoned, a 25 foot buffer was put in place. This buffer is fairly well intact except there is an area that we think has been cleared out but other than that, the 25 foot buffer is intact. What are the other potential Crabapple parcels that would be affected? Since we do not allow for buffers at all in the Form Based Code, as you get to the periphery, what are the other parcels that come up against residential zoning outside of the Form Based Code? We have identified three other parcels: • 12475 Arnold Mill Road 12595 Crabapple Road 0 875 Mayfield Road Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6:00 pm Page 3 of 9 12475 Arnold Mill Road This property backs up to a commercial shopping center which is the Kroger shopping center. You will notice that at the time of the rezoning of the shopping center, they put in place the buffer. Our site is just to the north and we feel that because it is already commercial there, it will have a minimal affect regardless of what type of development goes in there. 1259.5 Crabapple Road • This is a stone house that is just to the west of Cans Restaurant. Across the street is what we refer to as the "dirt pile." Next to the parcel there is residential as part of the City of Alpharetta and the City of Milton has residential nearby and commercial as well surrounding this parcel. Robyn MacDonald When it was rezoned in Fulton County, on the site plan it shows the 25 foot buffer but as you can see, that stone house has never been utilized since the zoning in 2004 so they did not create a buffer; the buffer is just listed on the site plan. When it was built, the buffer was not acknowledged. The house was an existing historic structure so it was already there. 875 Mayfield Road • This is a stone house, single family residence, right next to the Milton library; just to the east of the library. Just to the east of this parcel is the end of a cul-de-sac of a residential development and there are a couple of residential homes bordering the east of the perimeter of the parcel. Kathy Field What is the history of development in Crabapple? 2006 — Before incorporation, Fulton County adopted the Crabapple Crossroads Overlay District which did require a 25 foot buffer and an additional 25 foot improvement setback. 2006 to 2011 — During economic downturn, no new commercial/non-residential development was permitted. Therefore, the 25' buffer was never applied. (Note: There were projects like Crabapple Mercantile that were being built, but they'd already been permitted in Fulton County.) 2012 — After 2011 Crabapple visioning study, the City of Milton adopted the Crabapple Form -Based Code that does not provide for buffers. How does Form -Based Code differ from a Conventional zoning? Form -based code fosters predictable built results by using physical form rather than a separation of uses. Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6:00 pm Page 4 of 9 The Crabapple Form -Based Code, adopted by the City, implements the citizens' 2011 vision and desire for a walkable village. Form -based code does not provide for separation of uses through buffers. Utilizing buffers within the Crabapple form -based code creates vegetative walls and community islands, thus minimizing walkability and negating the "village" vision. Kathy Field The intent of the vision that was created in 2011 was certainly vetted through the community and then approved. The intent was to create an historical and walkable village with mixed uses. That is essentially what the Form Based Code attempted to do. Councilmember Thurman But, the T4 zoning office designation states that it should be predominantly residential, correct? Kathy Field It is a preferred use but if someone looks at the allowed uses under T4 in the code, it allows for a whole mix of uses, not just residential. Councilmember Thurman I am having problems with this because under the Form Based Code you first look at what the building looks like. And, if it is supposed to be primarily residential; we don't have many predominantly residential structures in Milton which would be the size of most of the commercial structures that are in the Crabapple area. So, I believe we have a conflict between what was really intended, which was for the buildings to look more like a residential structure in size and shape, when they are adjacent to single family, and what the uses allow. Kathy Field Maybe our city architect could weigh in on this discussion. When we approve a lot of these buildings, from a design perspective we review them so that they fit within the fabric of the codes we are creating. Even though they may be mixed-use, they have the scale and look of residential. Bob Buscemi, City Architect That is absolutely correct. So, if you look at, for example, Braeburn Village, they are commercial uses but they really simulate the look and feel of a residential development. Councilmember Thurman But, what size are those compared to the size building we are looking at? Bob Buscemi They would be comparable; the parcels we are looking at are not very large lots. They cannot sustain large scale developments like what you see on Crabapple Road. Those are larger and more intense uses. They are T5 so you get more density. The development pattern that is going to occur on Broadwell Road will ensure that those buildings will have the look and feel of residential character. Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6:00 pm Page 5 of 9 Councilmember Thurman So, what size buildings are they looking at for that area specifically? Bob Buscemi We are looking at footprints around 4,000-7,000 square feet and then you would have three residential units above. The one that faces Broadwell Road on the front would be 7,500 square feet. Councilmember Thurman We don't have many houses that are 7,500 square feet in the City of Milton. That is where I am having trouble with this. If you are saying it is supposed to look predominantly like the residential; it needs to look like what residential would look like for that area. And, that is not a 7,500 square foot footprint. Kathy Field I would also say that you could have three 2,500 square foot townhomes and it would have that same footprint. And, that is a residential use. Bob Buscemi -- We are confident that those buildings will have a low scale visual impact by the time they are completed. They will not look like large scale buildings. Councilmember Lusk Would you have horizontal breaks? Bob Buscemi Absolutely, that is the whole theory behind the Form Based Code; that we have that architectural control. How does Milton develop within the Crabapple District? • Crabapple Station (mixed-use) • Commercial/Residential • Milton City HallBraeburn subdivision How do other municipalities utilize Mixed -Use Development & buffers? • Alpharetta — Liberty Park Village • Alpharetta - Avalon Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6:00 pm Page 6 of 9 Steve Krokoff, City Manager I would like to make clear that these are the only three parcels that abut neighboring municipalities within the Crabapple Form Based Code. The moratorium that is before you tonight for approval will include the entire Crabapple Form Based Code area. The moratorium is addressing the entire Crabapple area; not just these three parcels. The reason we are discussing these three parcels tonight is because they are similar to the one that is in question. City Attorney Jarrard The bigger issue goes to what modifications do you want to impose. A moratorium is supposed to be reasonably narrowly tailored to accomplish the objectives of the government. It is intended to be sort of an emergency document to correct issues that are identified. But, we need to leave here with the understanding of what the vision of the council is regarding an application for the Crabapple District. So, are we just addressing parcels that abut to a neighboring municipality or are we addressing something more systemic in the entire Crabapple District? If I could get that guidance, then I would be more comfortable with how the moratorium has been drafted. Councilmember Longoria So, Kathy, the omission of a "required buffer" in the Form Based Code was by design? Kathy Field Yes, because of the type of development that we were trying to create in this area based on the 2011 vision that was approved by the community. Councilmember Longoria So, the Crabapple Form Based Code and the Deerfield Form Based Code and the Arnold Mill Overlay were all designed to be different from one another? Kathy Field Yes. Councilmember Thurman Maybe in your view they were designed to be completely different, but in my view it was never intended to have high density commercial use development directly next to a single family residential development without some kind of transition or buffer. And, that is why we originally had the buffer in there. That is why I thought it was so important that it said in the T4 that it is supposed to be primarily residential; this is not a primarily residential development that they are looking at. So, unless it is primarily residential, it should not qualify for the T4 designation. City Manager Krokoff I think Bob Buscemi could address what "primarily residential" means in the overall context of the T4 designation. Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6:00 pm Page 7 of 9 Bob Busee i The code tries to give a general intent overall. So, T4 overall in Crabapple would most likely be developed primarily residential. If we look at T4 in the overall context, they are being built out primarily residential. But, the code does not preclude; it actually encourages a little mixed use and some commercial as well. City Manager Krokoff So, it is not on a parcel by parcel basis. Bob Buseemi Correct, and if you look at the way it was developed, and some of it was under the old system, if you look at the townhouses and the single family homes are abutting against parking lots and commercial districts which is the overall intent of the Form Based Code in the Crabapple community. People want to be able to walk from their homes to the commercial areas. Adding buffers would disconnect the walkability of the area. So, if you look at how it is being developed throughout the different transects, we are staying consistent with the way it was initially developed under Fulton County. Councilmember Longoria When was the Crabapple Form Based Code approved? Kathy Field June 2012. Council ember Longoria During the many discussions that were held regarding the Crabapple Form Based Code approval process, were buffer requirement issues ever discussed? Kathy Field Not to my knowledge. Councilmember Thurman That may have been due to the primarily residential component that we thought would be in the T4 zone so it would not have been as much of an issue at that time. So, if you are going from single family to another residential use it is not an issue but going from single family to commercial becomes more of an issue. Council e ber Longoria Since 2012, how much development has occurred in Crabapple that has been guided by the Form Based Code? Kathy Field We have had several residential developments, two commercial buildings on Crabapple Road, the new City Hall, and a new office building in Braeburn. Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6:00 pm Page 8 of 9 Councilmember Longoria So, we have had a lot of activity in Crabapple since 2012 and we have not heard any complaints about buffers until now. Kathy Field The T5 is a much denser development designation and it is located mainly along Crabapple Road, Mayfield Road and a little on Birmingham Road. The purpose of the T5 designation is to create a mainstreet. As you can see with our two new Crabapple Mercantile Buildings, a mainstreet type of development is taking shape. The rest of Crabapple is some T2 but most of it is T4. The difference between a T4 and a T5 is in terms of the intensity of development. The per acre allowance in a T4 is five units to one acre which translates to one housing unit or 2,250 of office or commercial space. The T5 which consists of the mainstreet concept we are trying to create is nine units to one acre. There is also an additional unit allowance for both of those if you use transfer of development rights (TDR's). Motion and Vote: 1St Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 17-161 according to the document provided by the City Attorney. Councilmember Thurman seconded the motion. The motion died (2-2). Mayor Lockwood, Councilmember Hewitt, and Councilmember Mohrig were absent from the meeting. 2nd Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-161 with the following change: Change "located in the Crabapple Form Based Code" to "located within the Crabapple District that is adjacent to the boundaries of the Crabapple District." Councilmember Longoria seconded the motion. The motion passed unanimously (4-0). Mayor Lockwood, Councilmember Hewitt, and Councilmember Mohrig were absent from the meeting. Special Called Meeting of the Milton City Council Wednesday, June 21, 2017 at 6.00 pm Page 9 of 9 ADJOURNMENT (Agenda Item No. 17-162) Motion and Vote: Councilmember Lusk moved to adjourn the Special Called Meeting at 7:25 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (4-0). Mayor Lockwood, Councilmember Hewitt, and Councilmember Mohrig were absent from the meeting. Date Approved: July 10, 2017 Sudie AM Gordon, City C erk Joe Lockwood, May