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HomeMy WebLinkAboutMinutes CC - 04/24/2017 - MINS 04 24 17 REG (Migrated from Optiview)I I Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6 :00 pm Page I of27 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 April 24, 2017 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. ROLL CALL Councilmembers Present: Councilmember Thurman , Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria and Councilmember Mohrig. PLEDGE OF ALLEGIANCE (Led by Mayor Jo e Lockwo od) APPROVAL OF MEETING AGENDA (Agenda Item No. 17-095) Motion and Vote: Councilmember Thurman moved to approve the Meeting Agenda with the following changes: • Move Agenda Item Number 17-102 , "Nomination of a Board of Zoning Appeals Member" to after the Consent Agenda. • Move Agenda Item Numbers 17-092 , "Consideration of Revision to Plat Process , Chapter SO-Subdivisions" and 17-093, "Planning Commission Duties" under Unfinished Business to the first two items under the Zoning Agenda. I Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). Re g ular Meeting of th e Milton Ci ty Council Mond ay , April 24 , 2017 at 6 :00 pm Page 2 of 2 7 PUBLIC COMMENT Th e follo w in g indiv iduals submitted a public comment card: Tim Becker, 15625 Canterbury Chase , Milton, Georgia 30004 Tony Outeda, 325 Taylor Gl en Drive, Milton, Georgia 30004 CONSENT AGENDA 1. Approval of the Financial Statements for the Period Ending March 2 017. (A genda Ite m N o. 17-096) (B ern adett e Harv ill, Fin ance Director) Motion and Vote: Council member Lusk moved to approve the Consent A genda . Councilmember Mohrig seconded the motion . The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS (No ne) FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures , Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations , and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 17-097) (St acey In g li s, Ass istant City Man ager) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Item. Councilmember Thurman seconded the motion. The motion passed unanimous ly (7-0). PUBLIC HEARING (No ne) I I I I I I Regular Meeti ng of the Milton Ci ty Council Monday , April 24 , 2017 at 6:00 pm Page 3 of27 ZO N IN G AGENDA 1. Consideration of ZM1 7-0 1-14505 Batesville Road zoned AG-1 with Use Permit by LRF Milton, LLC (Little River Farms) To modify conditions 2 .a AND 3.b (U14-02) for relocation of parking lot and additional driveway to additional parking lot. ORDINANCE NO. 17-04-308 (Agenda Item No. 17-084) (Kathlee n Fi eld, Co mmunity Developm ent Direc tor) Kathle en F ie ld , Co mmuni ty Deve lopme nt Dire ctor The subject site is zoned AG-1 (Agricultural) and developed with a 10 ,500 square foot single family residence and other accessory structures built between 1910 and the present on 4 7. 7 acres. The Mayor and City Council approved a Use Permit for a Rural Event Facility on September 22 , 2014 pursuant to Ul4-02. There is also an existing 2 ,748 atrium (pavilion) that has served as the primary locat ion for events since the inception of the business . At the time of the approval of the event faci lity , the applicant, Staff and the surrounding neighborhoods proposed specific conditions regarding the days , times and amount of noise permitted for the facility. In addition , the Mayor and City Council approved a Use Permit for a 4 bedroom bed and breakfast on August 18 , 2014 pursuant to U 14-01. The bed and breakfast is utilized to accommodate guests using the event facility . The applicant is requesting to 1) the relocation of existing main parking as previously indicated on the Site Plan submitted August 19 , 2014 ; 2) an additional , smaller parking lot on the Property and ; 3) an additional driveway to a point of ingress and ingress to the Property site. The CZIM meeting was held on March 28 , 2017 . The applicant was present with their representative at the meeting . There were six neighbors who were also present. The majority of the neighbors live in Valmont Subdivision located on the south side of Taylor Road . They were concerned about the proposed new parking and conversion of a barn that has been prev iousl y utilized as a horse barn to an additional event space and the use of an existing driveway from Batesville to be utilized for the converted barn. In addition, the neighbors voiced concern over the existing noise from the event facility and if an additional event space is located even clo ser to the subdivision, its impact of noise and lights. The applicant responded that the U se Permit already contemplated all the buildings used as a rural event facility and it was not an is sue. The applicant stated that they were planning to close up the barn doors that face Taylor Road so that noise would not emit from that direction. In addition, they agreed to relocate the driveway in such a manner to so that the headlights from cars would not directly impact the homes adjacent to Taylor Road. Since the time of the meeting, the applicant has proposed more stringent hours of operation for the barn to be Friday through Saturday hours shall be 9 :00 a .m. to 10:00 p.m . with music ending no later than 10:00 p.m. Proposed M o dification to Conditions (U14-02) 1) To the owner's agreement to restrict the use of the subject property as follows: a) A rural event facility. Regular Meeting of the Milton City Council Monday, April 24, 2017 at 6 :00 pm P ag e 4 of 27 b) The number of attendees shall not exceed 250 people for any single event. c) The hours of operation shall be the following : i. Friday through Saturday, 9 :00 a .m. to 11 :00 p.m., music ends no later than 11 :00 pm , Maximum 45 dBA one hour prior to mus ic ending. Alcohol ceases service 15 minutes before music ending. Facility closes at midnight. ii. Sunday through Thursday : 9:00 a.m . to 10:00 p.m., music ends no later than 10:00 pm, Maximum 45 dBA one hour prior to music ending. Alcohol ceases service 15 minutes before music ending. Facility closes at 11 :00 pm. iii. Amplified sound of music shall be located within the enclosed portion of the atrium. iv. All deliveries shall enter off of Batesville Road. v. When portable toilets are used , the y shall not be viewed from Batesville Road and Taylor Road . 2) To the owner's agreement to abide by the foilowing: a) To the re vised site plan received by the Community Development Department on April 4 , 2017 August 19 , 2014. Said site"plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance , all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning caus e the approved si te plan to be substaritially different , the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless I otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of I the first Certificate of Occupancy. 3) To the owner's agreement to the following site development considerations : a) A 10 ,536 square foot structure , a 4 ,296 square foot atrium , and all other buildings shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on August 19 , 2014. b) The location and number of parking spaces shall be as depicted on the re v is ed site plan received on April 4 , 2017 August 19 , 2014 . All events with more than 75 attendees shall be required to have valet serv ice and provide a minimum of one off-duty police officer for such events . 4) To the owner 's agreement to abide by the following requirements, dedication and improvements : a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License , Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes fir st). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances , or be reconstructed to meet such criteria as required by the Department of Public Works . At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engmeer ii. Dri veway(s) shall be improved within the right of way. I I I I Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6:00 pm Page 5 of27 Analysis and Recommendation is as follows: The proposed revised site plan to show the location of existing parking for the primary meeting area by the house and pavilion is supported by the Staff, as it shows the actual location of parking versus the site plan submitted in 2014 which is inaccurate. The applicant is proposing a new parking area and associated hardscape/landscape improvements and utilization of an existing driveway on Batesville Road near the intersection of Batesville and Taylor Roads to serve the barn which has been utilized in the past as a horse barn. Although the conditions of Ul4-02 include all of the buildings (but the foot print of the structures shall not be expanded) within the legal description of the site, the barn to be converted into an event space was not contemplated or discussed at the time of the Planning Commission Meeting or City Council Meeting held in 2014. It is Staffs opinion that based on the location of the barn , which is approximately 375 feet from the centerline of Taylor Road and 615 feet to the nearest home in Valmont and the change of the use of the barn from a horse barn to an event venue , the proposed request to revise the site plan associated with Conditions 2.a. and 3.b . to reflect the additional driveway and parking should be denied. Staff is in support of the request to revise the site plan associated with Conditions 2.a. and 3. b . to reflect only the relocated parking lot that is utilized by the pavilion and main house within the northern portion of the site. Staff notes that the applicant requested a modification to 4.a. regarding the driveway. It has been determined that this modification is not needed even if the Mayor and City Council choose to approve the additional use of the driveway to the barn. It is Staffs opinion that the proposed site plan modifications will negatively impact the adjoining properties and modifies a structure that was not contemplated to utilize as an event space. Therefore, the proposed request to revise the site plan associated with Conditions 2.a. and 3.b. to reflect the additional driveway and additional parking should be DENIED. Staff does support the site plan modification to relocate the primary parking lot associated with the pavilion and house that contains the bed and breakfast. Therefore, Staff recommends APPROVAL CONDITIONAL ofZM17-01 as reflected in the Recommended Conditions below. Recommended Conditions are as follows: Should the Mayor and City Council approve this petition, the recommended conditions (U14-02) should be revised to read as follows: 1) To the owner 's agreement to restrict the use of the subject property as follows: a) A rural event facility. b) The number of attendees shall not exceed 250 people for any single event. c) The hours of operation shall be the following: i. Friday through Saturday, 9:00 a .m. to 11 :00 p .m., music ends no later than 11 :00 pm , Maximum 45 dBA one hour prior to music ending. Alcohol ceases service 15 minutes before music ending. Facility closes at midnight. ii. Sunday through Thursday: 9:00 a.m. to 10:00 p.m., music ends no later than 10 :00 pm , Maximum 45 dBA one hour prior to music ending . Alcohol ceases service 15 minutes before music ending. Facility closes at 11 :00 pm. Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6 :00 pm Page 6 of27 iii. Amplified sound of music shall be located within the enclosed portion of the atrium. iv. All deliveries shall enter off of Batesville Road. v. When portable toilets are used , they shall not be viewed from Batesville Road and Taylor Road. 2) To the owner's.agreement to abide by the following: a) To the revised site plan received by the Community Development Department on April 4, 2017 to only modify the location of parking to the northwest portion of the site near the pavilion and house used as a bed and breakfast August 19, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance , all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy . 3) To the owner's agreement to the following site .development considerations: a) A 10 ,536 square foot str{icture , a 4 ,296 square. foot atrium, and all other buildings shall not be expanded in size as depicte:d on the revised site plan received by the Community Development Department on August 19,,201'4 . I h) The location and number of parking spaces shall be as depicted on tlie revised site plan received I on April 4, 2017 to only modify the location of parking to the northwest portion of the site near the pavilion and house used as a bed and breakfast August 19 , 2014. All events with more than 75 attendees shall be required ' to have valet service and provide a minimum of one off-duty police officer for such events. · ' 4) To the owner's agreement to abide by the following requirements , dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Sub di vision Plat or · Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: iii . Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer iv. Driveway(s) shall be improved within the right of way . Councilmember Longoria Kathy , when we originally discussed this during the fall of 2014, did we specifically carve out the use of the barn as a facility or did we just not discuss it? Kathy Field We did not discuss it. It was not included in the submission. We only talked about the pavilion and converting the house into a bed· and breakfast. Those were the only two items up for discussion. I I I I Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6:00 pm Page 7 of27 Councilmember Longoira The language that we put in the use permit ; that doesn 't specifically exclude anything on the property it just talks about the use of those specific buildings . Kathy Field I believe so. Robyn , can you , from a legal point of view, I believe that is what the applicant is saymg. Robyn MacDonald, Zoning Manager All the square footage of all the buildings within the use permit are included so that is why they did not have to come in for a new use permit because the square footage was included but all the discussions of exactly what would happen only pertained, as Kathy point out, to the pavilion. So , it was never contemplated at that point in time that the barn would be used for entertainment or to be rented out. It was just part of the property. Councilmember Longoria But, we included the square footage in the use permit. Robyn MacDonald We did. Councilmember Longoria By including the square footage in the use permit, we are essentially saying that square footage was contemplated for use. Robyn MacDonald Staff was being very conservative in the sense that was never discussed because that would have had a different impact if there was actually activity occurring in the barn other than housing horses. That is why we brought it to you to make that decision. Councilmember Longoria I am just trying to make sure we are being fair. Obviously , we always try to be fair. But, I am a little concerned because we talked about so many different things . There were a lot of things that were brought up as part of that discussion. My memory is not iron clad but I do remember talking about the use of the grounds outside of the barn or outside of the residence. There was going to be quite a bit of activity. I am worried about the fact that because we did not bring it up and we did not ask the specific questions, it is sort of an error of omission on our side not necessarily the applicant's side. So , I just wanted to make sure that we did not have specific language that was detailed in the use permit that would have carved that out or would have stated; this is why we didn't talk about it because we specifically said that was not included but if all of the square footage is included in the use permit, it is sort of one of those things that we must have contemplated it so otherwise when we did our addition, we would not have included that square footage. Regular Meeting of the Milton Ci ty Council Monday, April 24 , 2017 at 6:00 pm Page 8 of27 Robyn MacDonald Typically , for a use permit we include all the square footage because those building existed and we did not want any building to be expanded in square footage so , for instance , if they wanted to expand something they would have to come back for a new use permit so it is kind of a grey area but I think that the staff's opinion was that there was never any discussion of any kind of activity occurring in the barn and so we wanted to give a fair opportunity for everybod y to give input and that is why it is only a zoning modification and not coming back for a use permit. Mayor Lockwood I don 't want to put you on the spot, Paul , but can you weigh in on whether it was specifically contemplated or talked about but the square footage of the barn was originally included. Paul Frickey, City Attorney I was trying to look at the packet material to see if there was a specific description to the extent it says that the property and the structures that are on it may be used pursuant to this use permit because generally any considerations that are unclear or vague are ·in favor of the free use 0 of propert y. If it is not clear that there was a restriction on the uses in any particular building then a lack of description would allow them to use all of the buildings. I am not seeing where it describes a particular use of the building. The one place I see is just a description of the structures on the property and that would not impact the uses if it is just describing where the y are located on the property an d the size of the st ructures. · Councilmember Kunz So , Paul , is it safe to say that when the use permit was brought before us , all of the square footage was evaluated and the use of all of that square footage would be applicable of the decision at that time. The applicant was using it in those areas in which he requested it but he could have had other things happening in those other buildings . Now, he is doing a zoning modification which would allow for the change of the structure of some of the square footage on the property. So , the use still exists but I just want to make sure we are clear . Paul Frickey I am just looking at the proposed modifications to the conditions . I am not looking at what the use permit actually says. To the extent that it describes certain structures in what would normally not be used in them , the restriction must be specially stated . From what I see in the conditions , it merely depicts the structure, size and location based on the site plan. It does not reflect a limitation on the uses so if the existing condition references a use of the property without restriction to certain structures then all of the structures would be available . Councilmember Mohrig So , I am hearing you say that the request is to add a parking facility near the barn structure. We are not necessarily discussing the use of the barn ; which is included in the use permit, but the addition of parking near the barn. Kathy Field That is correct. I I I I I I Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6 :00 pm Page 9 of27 PUBLIC COMMENT The following individuals submitted a public comment card: Richard Kaye , 1555 Peachtree Road, NE, Atlanta, Georgia 30309 Samuel Ivey, 310 Riversgate Drive, Atlanta, Georgia 30339 Joseph Ivey, 14505 Batesville Road, Milton, Georgia 30004 George Bumiller, 14708 Taylor Valley Way, Milton, Georgia 30004 Lori Konen, 120 Taylor Valley Court, Milton, Georgia 30004 Lisa Crandall , 14700 Taylor Valley Court, Milton, Georgia 30004 Councilmember Lusk Kathy, is there any provision for night lighting in here? Robyn MacDonald In the CZIM meeting, they indicated they were not going to add anymore additional lighting. They will have to adhere to the night sky ordinance if they did propose any type of li ghting. Councilmember Longoria I have a question for the applicant. First of all, obviously, there was an omission in terms of our original discussion . We did not discuss the use of all the buildings on the property for these purposes. That does not necessarily mean it wasn't allowed. The use permit gave you the opportunity to use the entire property as an event facility. Have you had events in this barn? Richard Kaye Not in the barn itself but what we have done is that most of the weddings, and Joe, you can speak to that, the actual wedding itself is outside in the orchard with music playing. People have access to the entire venue; it is however they want to use it. We can set up tents or whatever. Since we do not have a certificate of occupancy for the barn itself, we would not be able to put people in that barn. Councilmember Longoria So , the reason you have not been able to use the barn up until this point is because you do not have a certificate of occupancy for the barn itself? Richard Kaye Correct. But we have used the surrounding areas. Councilmember Longoria My interest was really if you have used the facility in the 150 different events you have hosted and you have not gotten any complaints from the noise point of view, there is some back up to the idea that this is not going to be a problem. Richard Ka ye We intend to have the barn fully enclosed. It will be a fully enclosed facility. As I mentioned , we are going to close the door permanently; that would be a wall that faces the Valmont subdivision. Regular Meeting of the Milton City Council Monday, Apri l 24 , 2017 at 6:00 pm Page 10 of27 So , the opening will be on the opposite side facing the large house. We have to add a fire sprinkler system and bring Fulton County water to it to get the certificate of occupancy for that. We have also agreed to lower the time of music by one hour. We need to have the ability to have more events on the property. The barn would give us the latitude from a financial point of view to operate the facility as a viable revenue. Councilmember Longoria Are there any other buildings other than the atrium and the barn that you are considering using that has not been used so far? Are you going to be back up here asking us again for another change in conditions? Richard Kaye '•: No , I do not foresee that in the future . Councilmember Thurman I believe if we want to preserve property like this and barns , then we have to think outside the box and we have to allow uses like this that are suitable for the area or else all the land in Milton is going to be developed in one acre subdivision lots and that is not what any of us want. I live next door to a country club and they have wedding there every Saturday night and I am a lot closer than 600 feet and it does not bother me one bit. I do not have a problem with this . I appreciate you I trying to do something different with the land and not just selling out to a developer. I haven't I been to an event at Little River Farms , but I have heard that it is a wonderful facility. Councilmember Mohrig The Certificate of Occupancy and adding sprinklers that you mentioned you have to do from a mandatory standpoint and ~lso enclose the one opening and making it into a wall. Are you looking at doing anything else to reduce noise coming from the barn? Richard Kaye No , I don't think we need anything else. It is going to be an insulated facility with air conditioning. We understand what is imposed on us through the code and the special use permit. We go out on a nightly basis with our decibel meter to make sure that it is restricted to the sound that is part of our special conditions. If we need noise dampening material after we have tested it then we will do .whatever we have to do to fit into those special conditions. Councilmember Hewitt Can staff confirm that they have not had any noise complaints? The first time around I was the only one who voted against this due to the hours of operation and noise. It appears that yo u have done a good job controlling the noise level. I can support this now. I I I I Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6:00 pm Page 11 of27 Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-084 with the following changes: • Section 1 ( c) ---add the following: VI. Barn facility location Friday through Saturday: 9:00 a.m. to 10:00 p.m. Music ends no later than 10:00 p.m. Maximum 45 dB(A) one hour prior to music ending Alcohol service ceases 15 minutes before music ends Facility closes at 11 :00 p .m. Amplified music shall be located within the barn • Section 2(a) ---the first sentence shall read as follows: To the revised site plan received by the Community Development Department on April 4 , 2017. • Section 3(b) ---the first sentence shall read as follows : The location and number of parking spaces shall be as depicted on the revised site plan received on April 4 , 2017. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). 2. Consideration of ZMl 7-02NC17-02 -980 Birmingham Road zoned C-1 and AG-1 by The Contineo Group To modify condition 2 .a. (20042-0043) to modify site plan for additional parking and move dumpster pad and a concurrent variance to allow parking past the building (Sec. 64-1323(a)). (Agenda Item No. 17-085) (Kathlee n Fi eld, Co mmunity Dev elopm ent Direc tor) Kathleen Field, Community Development Director Staff would like to recommend that this item be deferred for a month because we found out that there is a deficiency in the advertising for this and therefore it will need to be corrected. It was advertised so it would be appropriate to hear any public comment. Regular Meeting of the Milton City Council Monday, Apri l 24, 2017 at 6 :00 pm Page 12 of27 PUBLIC COMMENT The following individuals submitted a public comment card: Ron Crump , 3081 Holcomb Bridge Road , Norcross, Georgia 30004 Tim Becker, 15625 Canterbury Chase , Milton , Georgia 30004 Joe Whitley , 1250 Birmingham Road , Milton, Georgia 30004 Julie Zahner Bailey , 255 Hickory Flat Road , Milton , Georgia 30004 Councilmember Longoria Kathy , how many parking spaces are in that center now? Kathy Field We do not have the total number but I can get that information for you. Councilmember Longoria In the original design , a specific number of square feet was needed to be devoted to a greenspace area. What was that requi~~ment? ... Robyn MacDonald It states 13,000 square feet ;' it states that the Birmingham Crossroads Overlay within the northeast quadrant to be a minimum of 13 ,000 with the proposed changes the site plan provide I for 16 ,507 square feet , therefore , the site remains in compliance. So , they required 13 ,000 and I even with the reduction they are proposing it is at 16 ,507 which is above the 13 ,000. Councilmember Longoria So ~ for whatever reason , the y put more space in than they needed. They are taking back some of this space but we are not in violation of the original intent. I have a few questions for the applicant as well. I am goin g to break these questions into a couple of different pieces. You are asking to add a driveway, take away some parking spaces, add new parking spaces so a net plus of five parking spaces , you are going to move a dumpster pad , and you are rearranging your green space. What was the quantitative analysis that was done in order to come up with the determination that you needed five new parking spaces, beacause if you have 120 parking spaces in that area ; five new parking spaces seems like a very small trivial amount. Ron Crump It really does and I completely understand that and the concerns of all the citizens. The primary issue is the tenants located in that particular quadrant . There is a lot of parking in the Publix field but we don't see the shoppers parking at Publix and then walking over. Unfortunately, Americans are not big walkers and if they can drive their car to a place then fine but if it is too hard to get to they will decide to go back to that business on another day or never come back. And , so we are seeing a decline in the interest in that particular comer of the businesses and before it becomes a decline of the overall shopping center we are trying to figure out how to address the issue. I would love to stand here and say we can figure out how to add 20 or 50 more parking spaces. One of the things we want to take back is what exactly is promised to Publix as far as parking. Is there an opportunity for a net zero greenspace. We are going to look at that for sure . We understand that the city has just launched the greenspace initiative and we don't want to go against that but we feel I I I I Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6 :00 pm Page 13 of27 that the hardship on our end is that we want to give these tenants what they need to keep their business thriving. Mayor Lockwood We want you to be successful and an asset to our community. Maybe you could look at adding parking but also keeping the greenspace. Councilmember Kunz I was over in that area talking to some of the business owners. And , we want Milton to be live , work, and play. We have some areas that could be used to move greenspace. We want to our businesses to be successful. Councilmember Lusk I am familiar with that area and I understand your desire to put parking spaces behind the building. I understand the lack of accessibility to desirable parking spaces. Perhaps as previously suggested, maybe you could look at the possibility of compensating greenspace for parking space. Ron Crump There was a lot of discussion about the traffic and the driveway being too close . While missing that major tree; according to the arborist , there is a good root system that can allow that tree to survive. Motion and Vote: Councilmember Hewitt moved to DEFER Agenda Item o. 17-085 to the May 15 , 2017 Regular City Council Meeting. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). 3. Consideration of RZl 7-02-12800, 12830 and 12850 Hopewell Road by Fuqua & Associates-To Rezone from AG-1 (Agricultural) to R-4A (Single Family Dwelling) to Develop 17 Single Family Lots on 14 .6 Acres at a Density of 1.16 Units per Acre. (Agenda Item No. 17-086) (First Presentation at April I 0, 201 7 Regular City Co uncil Mee ting) (Kathl een Fi eld, Co mmunity Developm ent Director) Kathleen Field, Community Development Director The parcel in question is outlined in red ; with three parcels total. Current zoning for this parcel is AG-1. The 2035 future land use map shows the land use for this area as agricultural equestrian and estate residential. The site plan that was submitted on January 31 , 2017 and then a new site plan was submitted on March 3, 2017 with the revised setbacks. Lastly, on March 22 , 2017 the final revised site plan shows a cul-de-sac at the end of the road as opposed to a connecting road to the subdivision . Regular Meeting of the Milton C ity Council Monday, April 24 , 2017 at 6 :00 pm Page 14 of27 The subject site contains 14 .565 acres and with two single family dwellings and is located on the west side of Hopewell Road with Vaughn Drive to the east. The site is located within the Agricultural, Equestrian, Estate Residential (AEE) designation of the City of Milton 2035 Comprehensive Plan Map recently adopted on October 17, 2016. Staff also notes that this property is within the Rural Milton Overlay. The applicant is requesting a rezoning to R-4A (Residential) with minimum 15,000 square foot lots to develop 17 single family residences on at an overall density of 1.16 units per acre. Based on the applicant's revised site plan submitted to the Community Development Department on March 22, 2017, St,aff offers the following considerations: There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. *None indicated. Mi'nimum front yard-35 feet 35 feet Minimum side yard as follows: Adjacent to interior line: 7 feet Adjacent to street: 20 feet 7 feet 20 feet 25 feet between homes Minimum rear yard -25 feet 50 feet Minimum lot area -12,000 sq.ft . 15,000 sq. ft. and 1 acre adjacent to Hopewell Road Minimum lot width shall be 85 ft. 85 feet. Minimum lot frontage shall be 35 feet adjoining a street 35 feet. Minimum heated floor area shall be as follows: For less than two-story dwelling: 1,200 sq. ft. For two-story dwelling: 1,320 sq.ft. 3,000 sq. ft. -1 story 4 ,000 sq. ft. -2 story The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance , Sec. 64-237 (g) of the Zoning Ordinance which states "Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers". I I The original site plan indicated inter-parcel with Vickery Crest to the north , this connection is not required by either the Fire Marshal or the Transportation Engineer. Since that submittal, the applicant has provided a revised site plan on March 22, 2017 that sho ws the street as a cul-de-sac with no connection with Vickery Crest and the number of lots remain the same. In addition, the site plan does not indicate sidewalks along Hopewell Road and the interior of the subdivision. At the time of the Land Disturbance Permit, the developer shall be in conformance with Sec. 48-I 562, Streets, Sidewalks and Other Public Places. At the Planning Commission meeting, the applicant stated that they would include the required sidewalks. Staff wi ll condition the two one- I I I Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6:00 pm Page 15 of27 acre lots adjacent to Hopewell Road with the Rural Viewshed since R-4A zoning district is not required to provide a Rural Viewshed. The Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service with Fulton County and the associated map indicates that sewer service infrastructure was fully installed prior to the date of the agreement. This recognition shall not be construed as allowing new sewer connections within this area and new sewer service shall not be authorized within such areas. The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Sec. 64-2126. The applicant has stated the following: "The specimen trees have been identified and are shown on the site plan. There is no Zone A floodplain on this parcel per official FEMA flood map. There is a stream flowing through the southwestern portion of the property that has been located, and the City buffers have been incorporated into the proposed site plan. Wetlands located on the site are located within the 25 foot stream buffers No construction activities are proposed in any stream buffers. If constructed, the subdivision would have to gain approval of a 3-phase erosion control plan and best management practices Lo mitigate any downstream effects. Our field inspections discovered no vegetation or wildlife, including fish , listed on the environmental protection list. Our field observation revealed no archaeological or historical sites located on this property. " Arborist's Comments: Per this plan, 7 significant specimen trees are to be impacted or removed. Replacement for said trees will be 219 (4") caliper trees. There are additional specimen trees along Hopewell that shall remain undisturbed. Nice young hardwood growth at northern portion of the site . Much of site will be cleared with exception of state waters buffer area to the south. City of Milton Fire Marshal comments: The subdivision is allowed to have only one entrance based on the small number of houses (though the one to the north only has one entrance , the ordinance did not change until after that subdivision was platted and built). The preference would be that the connection be made. However, from a code perspective , it is not required. Transportation: A new entrance is proposed approximately 270' south of Glenhaven Drive (on east side of Hopewell Rd) and 970 ' south of Hopewell Place Dr. (existing entrance to Vickery Crest) per the site plan. These meet the driveway spacing criteria. Average Daily Traffic volumes for 2014 on Hopewell Rd is 9170 vehicles per day. Intersection sight distance looking both east and west at new proposed entrance is over 500 feet per the site plan. Tum lanes warrant for new entrance to be determined based on number of lots. The present value of Annual Net Fiscal Impacts is negative $63,627. On February 28, 2017 the applicant's representative was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were approximately 15 people in attendance at the meeting. They voiced their objections to the proposed development with the following comments: Regular Meet ing of the Milton City Council Monda y, April 24 , 2017 at 6:00 pm Page 16 of 27 1. It is against the 2035 Future Land Use Plan for minimum one acre lots that was just approved in October 2016. 2 . It will cause additional traffic within Vickery Crest and the area in general. 3. The residents are tired of additional homes being built that are not consistent with the approved Future Land Use Plan for AEE (one acre lots). 4. Want to be assured that the new homes with be as large as the existing homes in Vickery Crest and not connect with Vickery Crest. 5 . Residents of Brookshade (north of Vickery Crest) are concerned that if this property is rezoned to R-4A then the property south of Brookshade will also be rezoned to higher density. The applicant conducted the Public Participation Meeting on March 9, 2017 from 6:30 to 8:30 p.m. at the Brumbelow-Reese Office , 13685 Hwy 9 North. The applicant also met with the Vickery Crest HOA on February 24 , 2017. There were three people in attendance. The following issues and concerns were expressed: · 1) The density of the development. 2) How close to the rear property lines could the houses be built. 3) Separation distance between houses. 4) Square footage of houses . 5) Price of new houses. 6) Street connection with Vickery Crest. I The applicant responded to the issues and concerns with the following: I 1) The dens ity of the surrounding properties and subdivisions match or exceed the density of the proposed development. 2) Revised site plan to increase setbacks and separation. 3) Clarified building square footage. City of Milton Design Review Board Courtesy Review -March 7, 2017 1) Can the entrance line up with Glenhaven entrance? 2) Questioned if the lots that include the stream buffer are large enough to accommodate a swimming pool without any v ariance s? 3) Can the large specimen trees be sav ed ? Planning Staff shall , with re spect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7 , below, as well as any other factors it may find relev ant. 1. Whether or not the proposal will permit a use that is suitable in view of the u se and development of adjacent and nearby Property? The proposed 17 lot subdivision consist of lots between 16 ,010 and 22 ,864 square feet in size. There are one acre lots that abut Hopewell Road. To the north is Vickery Crest subdivision which has developed lots between 15 ,000 and 20,000 square feet in size adjacent to the subject site . To the east, is Glenhaven Subdiv ision zoned T-3 (Transect Zone) developed with large I common areas along Hopewell Road and minimum 5,000 square foot lots within the development. Also , to the south east within the City of Alpharetta is Cottonwood Estates I I I Regular Meeting of the Milton City Council Monday , April 24 , 2017 at 6:00 pm Page 17 of27 Gracious Living Retirement Facility zoned C-2. Further to the south east is Orchards at Hopewell also within the City of Alpharetta zoned R-8. To the south of the subject site is undeveloped R-15 within the City of Alpharetta. To the west is Andover North subdivision within the City of Alpharetta zoned R-15. The proposed development is consistent with adjacent and nearby developments in the area. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staffs opinion that the proposed development may adversely affect the existing use or usability of adjacent or nearby property based on the fact the 2035 Future Land Use Plan Map recommends that the subject site be developed AEE (Agricultural, Equestrian and Estate Residential) which requires one unit per acre and one acre lots. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural ). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staffs opinion that the proposal may cause a burden on existing streets and schools if approved. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2035 Comprehensive Land Use Plan Map -Agricultural, Equestrian, and Estate Residential/ Inconsistent with the following Plan Policy: We will encourage development that is sensitive to the overall setting of the community and will contribute to our community's character and sense of place. Proposed use /density: Single Family Residential at 1.16 units per acre is inconsistent with the recommended density of one unit per acre for Agricultural, Equestrian, and Estate Residential. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with the Plan Map recommendation of Agricultural, Equestrian and Estate Residential which requires minimum one acre lots. The Plan Map was recently approved by the Mayor and City Council in October, 2016. Previous zonings and development adjacent to and surrounding the subject site were approved prior to the most recent Comprehensive Land Use Plan Map adoption. Based on these facts, it is grounds to recommend DENIAL of RZl 7-02. 6. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources , environment and citizens of the City of Milton? Regular Meeting of the Milton City Council Monday , Apr il 24 , 2017 at 6:00 pm Page 18 of27 Based on the number and size of specimen trees to be removed, it is Staffs opinion that the proposed use may be environmentally adverse to the natural resource s, environment and citizens of the City. In conclusion, the proposed 17 lot single family subdivision is inconsistent with the City of Milton's 2035 Comprehensive Land Use Plan Map for "Agricultural, Equestrian, and Estate Residential". Therefore, Staffrecommends DENIAL of RZl 7-02 to rezone from AG- l(Agricultural) to R-4A (Single Family Residential). A set of Recommended Conditions are included if the Mayor and City Council chooses to approve this petition. Recommended Conditions are as follows: If this petition is approved 'by the Mayor and City Council , the rezoning of property located on Hopewell Road it should be approved for R-4A (Single Family Residential) CONDITIONAL subject to the owner's agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Jntent, these conditions shall supersede 'l.mless specifically stipulated by the Mayo·r· and City Council. 1) To the owner's agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. I b) No more than 17 total dwelling units at a maximum density of 1.16 units per acre , whichever I · is less , based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards ofthe City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner 's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 22 , 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance , all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner's agreement to the following site development considerations: a) Minimum front yard -35 feet b) Minimum side yard as follows : i. Adjacent to interior line: 7 feet I I I I Regular Meeting of the Milton City Council Mond ay, April 24 , 2017 at 6:00 pm Page 19 of 27 ii. Adjacent to street: 20 feet iii. 25 feet between homes c) Minimum rear yard -50 feet d) Minimum lot area as follows: i. 15 ,000 sq . feet. ii. 1 acre adjacent to Hopewell Road e) Minimum lot width shall be 85 feet f) Minimum lot frontage shall be 35 feet adjoining a street. g) Minimum heated floor area shall be as follows: i . For one sto ry -3 ,000 square feet ii. For two story -4 ,000 square feet h) Lots 1 and 17 (adjacent to Hopewell Road) shall be incompliance with the Rural Viewshed pursuant to Sec . 64-416(k). 4) To the owner 's agreement to abide by the following requirements , dedication , and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works , prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets , Sidewalks and Other Public Places of the City of Milton Code of Ordinances , or be reconstructed to meet such criteria as required by the Department of Public Works. 5) To the owner's agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. Councilmember Mohrig Kathy, is the difference between R4A and AG-1; is there just one lot difference ? This is for 17 lots; would 16 lots bring it into compliance? Kathy Field 14 lots. Councilmember Thurman A good portion of the property is a pond . Kathy Field Of course , with AG-1 comes all the setback requirements as well. Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6:00 pm Pa ge 20 of27 PUBLIC COMMENT Th e following individuals submitted a public comment card: Scott Reece , 13685 Highway 9 , Milton, Georgia 30004 Tim Becker, 15625 Canterbury Chase , Milton, Georgia 30004 Jennifer Pino , 175 Oakhurs t Leaf Dri ve, Milton, Georgia 30004 Mike Peresie , 12892 Donegal Lane , Milton, Georgia 30004 Julie Zahne r Bailey , 255 Hickor y Flat Road , Milton , Georgia 30004 Laura Bentley, 2500 Bethany Church Road, Milton, Georgia 30004 Jeffrey Lutterman, 12922 Donegal Lane , Milton , Georgia 30004 Steve Fell , 410 Summerfield Drive , Alpharetta, Georgia 30022 Mayor Lockwood The real issue here is less density . Sometimes sewer is used for that but the reality is that if you built less density , whether it is sewer or septic, it doesn 't matter. Is there anyone on staff that can clarify sewered vs. non-sewered areas ? If you have an AG-1 development that does not have sewer but if there was sewer the health department will force you to tie to that sewer. Carter Lucas I I don 't know if the Fulton County Health Department can go against our sewer strategy with the I county and which properties are sewered or not. · I do not know the answer to that. Robyn MacDonald I ask Ken that specific question the other week; how do the Health Department rules conflict with our IGA with Fulton County and what Carter said is correct; the IGA trumps the Health Department. And , in this particular piece , even though we did not discuss it in the report , the IGA map indicates existing sewer but no additional taps into it. It even acknowledges there could be existing sewer on the property but the IGA states in this particular piece that there should not be additional taps put into the sewer even within the parcel. Councilmember Longoria I have a problem just outright denying something when the applicant is still trying to work out potential issues. My motion is to defer this until May to allow the applicant time to put something together that might be more favorable to the council. Councilmember Thurman In the past, it has been our procedure that if an applicant asks for a deferral , we grant them that deferral in hopes that they can work out the issues with the community. A deferral makes sense in this particular situation. Motion and Vote: Councilmember Longoria moved to DEFER Agenda Item No . 17-086 to the I May 15 , 2017 Regular City Council Meeting. Councilmember Thurman seconded the motion . The motion passed unanimously (7-0). I I I Regular Meetin g of the Milton City Council Monda y, April 24 , 2017 at 6:00 pm Page 2 1 of27 4. Consideration of RZ l 7-03 -To Amend Section 64-418 -Pre-development Notification and Public Informational Meeting and Section 64-419 . Definitions of the AG -1 (Agricultural) Zoning District. ORDINANCE NO. 17-04-309 (Agenda Item No. 17-087) (Fir st Present ati on at April 10, 2017 Regu lar C ity Co unc il Mee tin g) (Di scussed at April 17, 20 17 City Cou n cil Work Sess ion) (Kathleen Fi eld, Co mmu nity Developm ent Director) Kathl een F ie ld , Community D evelopm e nt Dire ctor This petition and the following three other agenda items are all related to the same thing. The purpose of this text amendment is to delete the required pre -development notification and public informational meeting that is currently required after a concept plan is submitted for a proposed development. With your vote tonight to change Chapter 50 for the Planning Commission, that function will now be taken up by the Planning Commission, therefore , this process has become mute and because it is embedded in each of the residential zoning districts we had to go in and modify each one. This applies to this agenda item and the following three agenda items. M otion and Vot e : Councilmember Kunz moved to approve Agenda Item No . 17-087. Councilmember Thurman seconded the motion . The motion passed unanimousl y (7-0 ). 5. Consideration of RZ l 7-0 4 -To Amend Section 64-141 -Pre -development Notification and Public Informational Meeting and Section 64-442. Definitions of the R-1 (Residential) Zoning District. ORDINANCE NO. 17-04-310 (Agenda Item No. 17-088) (Fir s t Pr esent ati on at April JO , 20 17 Reg ular City Co un cil Meeting) (Discussed at April 17, 20 17 City Co un cil Wo rk Sess ion) (Kathlee n Fi eld, Co mmunity Developm ent Director) M otion a nd Vo te: Councilmember Kunz moved to approve Agenda Item No . 17-088. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). 6 . Consideration of RZl 7-0 5 -To Amend Section 64-464 -Pre-development Notification and Public Informational Meeting and Section 64-465. Definitions of the R-2 (Residential) Zoning District. ORDINANCE NO. 17-04-311 (Agenda Item No . 17-089) (Fir st Present ati on at April 10, 20 17 Regu lar City Council Mee ting) (Discussed at April 17, 20 17 City Co un cil Wo rk Sess ion) (Kathleen Field, Co mm unity Develop ment Direct or) Reg ular Meeting of the Milton City Council Monday, April 24, 20 17 at 6 :00 pm Pa ge 22 of27 Motion and Vote: Councilmember Kunz moved to approve Agenda Item No . 17-089. Councilmember Lusk seconded the motion. The motion passed unanimously (7 -0). 7. Consideration of RZl 7-06 -To Amend Section 64-487 -Pre-development Notification and Public Informational Meeting and Section 64-488. Definitions of the R-2A (Residential) Zoning District. ORDINANCE NO. 17-04-312 (Agenda Item No. 17-090) (Fi rs t Pr esentation at April JO , 2017 Regular City Co un cil Meeting) (Ka thlee n Field, Co mmunity Development Director) Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-090. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). 8. Consideration ofRZ17-07 -To Amend Section 64-2453 -Creation of a Historic Preservation Commission (To Allow Compensation for Meetings). ORDINANCE NO. 17-04-313 (Agenda Item No. 17-091) (First Pr esentation at April JO , 2017 Regular C ity Council Meeting) (Discussed at April 17, 20 17 City Cou ncil Work Session) (Kat hleen Field, Co mmunity Developm ent Director) Kathleen Field, Community Development Director Currentl y, the Historic Preservation (HPC) ordinance states that the HPC cannot receive any compensation. The purpose of this text amendment is to allow the Historic Preservation Commission (HPC) to receive compensation for attendance at each of their meetings based on direction from the Mayor and City Council. This action is consistent w ith the council's previous action in terms of rewarding compensation for the other boards and commissions within the city. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No . 17-091. Councilmember Kunz seconded the motion. The motion passed unanimou s ly (7-0). I I I I I I Regular Meeting of the Milton Ci ty Council Monda y, April 24 , 2017 at 6:00 pm Pa ge 23 of 27 UNFINISHED BUSINESS The following Agenda Items No. 17-092 and 17-093 were moved by Motion and Vote to the first two items under the Zoning Agenda during Approval of Meeting Agenda. 1. Consideration of Revisions to Plat Process , Chapter 50 -Subdivisions. ORDINANCE NO. 17-04-314 (Agenda Item No. 17-092) (Fir st Pr esentation at April I 0, 201 7 Regular City Co un cil Mee ting) (Discussed at April I 7, 20 17 City Co un cil Work Sess ion) (Kathl ee n Field, Co mmunity Developm ent Dir ector) Kathleen Field, Community Development Director This issue was addressed at our last work session . We discussed re vising the plat process for plats that are over three parcel s in size . The re view process for minor plats , which are three parcels or less , remains the same. For the preliminary plat, the first step is that the Community Development staff reviews the application for completeness. Once complete , the preliminary plat is forwarded to the Community Development Director. After ensuring that it is consistent with all our regulations and ordinances , then the plat is forwarded to the Planning Commission for consideration . The Planning Commission then holds a public hearing which is ad vertised and notices are mailed which is consistent with the same process that we use for rezoning items. The y make recommendations regarding the preliminary plat. Then it is returned to the Community Development Director and it is either approved or denied keeping in mind the considerations and recommendations of the Planning Commission. The final part of the process is the appeal process . If the preliminary plat is denied , the subdi vider may submit an application of appeal to the Board of Zoning Appeals. Carter Lucas, Assistant City Manager I wanted to bring up one issue regarding this change . While the recommendation from the Planning Commis sion is the foundation of the Community Development Director 's decision on the plat, I think any appeal of that decision should go back to the Mayor and City Council for re vie w . In the platting process , while you hear the final plat when it comes forward , the time for you to make a change will be during the preliminary plat stage. So , if the Planning Commission or the Community Development Director recommends denial , then there is probably a fundamental issue with the plat that needs further re view. So , I believe that the Mayor and Council rather than the Board of Zoning Appeals is the appropriate place to hear that review. Councilmember Thurman That makes more sense because by the time it gets to us we reall y do not have any say so at that point. We can just accept or den y it. If a plat came to us during the preliminary plat process , then we could make changes before it gets to the final plat stage. Regular Meeting of the Milton City Council Monday, April 24, 2017 at 6:00 pm Pa ge 24 of27 MQtion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 17-092 with the following changes: • Section 50-231 (a) Change the words "City Board of Zoning Appeals" to "Mayor and City Council " Councilmember Thurman seconded the motion . The motion passed unanimously (7-0). 2. Consideration to Amend Chapter 2, Article V, Division 3, Planning Commission, Section 2-206 -Duties. (Agenda Item No. 17-093) (First Pr esentati on at April 10, 2017 R egu lar City Cou nc il Meeting) (Discussed at April 17, 20 17 City Cou n cil Work S essio n) (Ka thlee n Field, Co mm unity Development Dir ector) Kathleen Field, Community Development Director Based on your prev ious vote, we do not need to modify this section of the ordinance since we are not changing the responsibilities of the Planning Commission. They are maintaining their status of only giving recommendations regarding preliminary plats . This 11genda item was to give the I Planning Commission the power to approve or deny preliminary plats which has now become mute I based on your vote on the previous agenda item. Motion and Vote: Councilmember Kunz moved to DENY Agenda Item No . 17 -09 3. Councilmember Hewitt seconded the motion . The motion passed unanimously (7-0). NEW BUSINESS 1. Consideration of a Memorandum of Understanding B y and Between the City of Alpharetta and the City of Milton for a Jointly Owned Passive Park. (Agenda Item No. 17-098) (Ken J arrard, City Attorn ey) Paul Frickey, Jarrard and Davis This is an MOU to jointly purchase a passive park with the City of Alpharetta. The details of the future obligations will be worked out in the forthcoming IGA. Th is is just the MOU to proceed with looking at the acquisition. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-098. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent for the vote. I I I I Re g ular Meetin g of the Milton C ity Council Monday, April 24 , 2017 at 6:00 pm Page 25 of27 2 . Consideration and Ratification of the Final Comprehensive Service Delivery Strategy with Fulton County and all Municipalities. RESOLUTION NO. 17-04-417 (Agenda Item No. 17-099) (Ken J arrard, City Att orn ey) Paul Frickey, Jarrard and Davis This has been an ongoing five year process to update the Service Delivery Strategies with Fulton County and a ll municipalities within the county. This is the approval of the final documentation of these servi ces. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 17-099 . Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Thurman was absent for the vote . 3 . Consideration of the following Subdivision Plat: Name of Development I Location Action Comments I Total Density #lots Acres 1. Tanglewood Pre serve -Phase Final Plat Create 14 Lots 25.32 .56 Lots I Acre Il -REVISION 1 Revision LL 465 & 466 Chenery Drive (Agenda Item No. 17-100) (Kathlee n Fi eld, Co mmun ity Developm ent Dir ector) Kathleen Field, Community Development Director This is essentially a simple revision to this subdivision plat. They are establishing a mitigation area which is a conservation area to be shown on the plat. Motion and Vote: Councilmember Hewitt moved to appro ve Agenda Item No. 17-100. Councilmember Thurman seconded the motion. The motion passed unanimousl y (7-0). Regular Meeting of the Milton City Council Monday, April 24 , 2017 at 6 :00 pm Page 26 of27 4. Consideration of a Professional Services Agreement between Barge, Waggoner, Sumner & Cannon , Inc. and the City of Milton for an Update to the City Wide Parks and Rec reation Master Plan and the Master Plan for Providence Park. (Agenda Item No. 17-101) (Jim Cregge, Parks & Recr eation Director) Jim Cregge, Parks and Recreation Director This is a contract with Barge , Waggoner, Sumner, and Cannon to help us update the Parks and Recreation Master Plan. The last update to this plan was in 2011 and adopted in 2012 . A lot has changed in the city since the adoption of that plan and it is now time to update it. Within this project, we are incorporating a master plan for Providence Park. The city established an RFQ in December 2016 and responses were due in January 2017. A committee was formed to grade the seven proposals received. Three proposals were selected for further evaluation. Staff selected Barge Waggoner, Sumner and Cannon. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-101. Councilmember Lusk seconded the motion . The motion passed unanimously (7-0). The following Agenda Item No. 17-102 was moved to after the Consent Agenda by Motion and Vote under Approval of Meeting Agenda. 5. Consideration of A Resolution Appointing A Member to the City of M ilton Board of Zoning Appeals for District 2/Post 2. RESOLUTION NO. 17-04-418 (Agenda Item No. 17-102) (Mayor J oe Lo ckw oo d) Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 17-102 with the appointment of Brenda Hamstead as the District 2/Post 2 member of the Board of Zoning Appeals. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). I I I I I I Regular Meeting of the Milton City Counc il Monday , April 24 , 2017 at 6:00 pm Page 27 of27 MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION (if needed) ADJOURNMENT (Agenda Item No. 17-103) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 8 :56 p.m. Counci lm ember Hewitt seconded the motion. The motion passed unanimously (7-0). Date Approved: May 15 , 2017 Sudie AM Gordon , City Clerk