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HomeMy WebLinkAboutAgenda CC - 06/02/2014 - Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, June 2, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jeff Kane, C3 Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-142) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the May 12, 2014 City Council Work Session Meeting Minutes. (Agenda Item No. 14-143) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 2 , 2014 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of a Contract between the City of Milton and T & T Uniforms, Inc. for the Purchase of Fire Department Uniforms. (Agenda Item No. 14-144) (Bob Edgar, Fire Chief) 3. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Young Men’s Christian Association of Metropolitan Atlanta, Inc. (Agenda Item No. 14-145) (Jim Cregge, Parks & Recreation Director) 4. Approval of the Following Subdivision Plats: Name of Development Action Comments Kingsley Estates Phase 1 – Unit 2D Final Subdivision Plat Phase 1- Unit 2D – addition of 19 lots 54-63 and 67-75 Valmont Subdivision Final Subdivision Plat Revision Revision of access easement for lots 31, 32, 33 Arcaro at Triple Crown Final Subdivision Plat Revision Delete road reservation of 44’ of right of way and add to lot 10 and 11 Triple Crown Phase 5 Final Subdivision Plat Addition of lots 1-9 (Agenda Item No. 14-146) (Kathleen Field, Community Development Director) 5. Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for the Thompson Road/Cedar Park Stormwater Improvement Project. (Agenda Item No. 14-147) (Carter Lucas, Public Works Director) 6. Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at City Hall. (Agenda Item No. 14-148) (Carter Lucas, Public Works Director) 7. Approval of Revisions to the Personnel Policy Handbook to Clarify the Sick Leave Usage Policy. (Agenda Item No. 14-149) (Sam Trager, Human Resources Director) 8. Approval of an Intergovernmental Agreement Concerning the Georgia Crime Information Center (GCIC) Criminal Justice Information System Service Agreement between the City of Alpharetta, Georgia and the City of Milton, Georgia. (Agenda Item No. 14-150) (Deb Harrell, Police Chief) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 2 , 2014 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9. Approval of an Agreement between the City of Milton and North Fulton Express, LLC for Fleet Vehicle Maintenance and Repairs. (Agenda Item No. 14-151) (Matt Marietta, Fire Marshal) 10. Approval of a Professional Services Agreement between the City of Milton and Dorfman Consulting, LLC for Transfer of Development Rights (TDR) Evaluation Services. (Agenda Item No. 14-152) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum. (Agenda Item No. 14-153) (Sam Trager, Human Resources Director) 2. Consideration of RZ13-18 – Birmingham Highway (West Side) with a frontage of approximately 373 feet by Piedmont Atlantic Capital to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 13 single family residences on 19.5 acres. (Agenda Item No. 14-154) (Kathleen Field, Community Development Director) 3. Consideration of ZM14-03 – Southeast Corner of Birmingham Highway and Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural) to Modify Conditions 1.c., 1.d., 2.a., and 3.b. (RZ04-0116) by Capkey Birmingham Partners, LLC. (Agenda Item No. 14-155) (Kathleen Field, Community Development Director) 4. Consideration of ZM14-04 – 305 Crooked Stick Drive Zoned CUP (Community Unit Plan) to Modify Condition 1.e. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback from the Property Line of the C.U.P. to 50 Feet by C.D. Hays. (Agenda Item No. 14-156) (Kathleen Field, Community Development Director) 5. Consideration of ZM14-05 – 16720 Quayside Drive Zoned CUP (Community Unit Plan) to Modify Condition 3.a. (RZ06-70) to the following: To Reduce the Front Setback from 30 Feet to 28 Feet and 3 Inches by Jane A. Schwartz. (Agenda Item No. 14-157) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 2 , 2014 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6. Consideration of RZ13-22 – To Amend Chapter 64, Article VII, Division 6 Northwest Fulton Overlay District. (Agenda Item No. 14-158) (Kathleen Field, Community Development Director) 7. Consideration of RZ14-01 – To Amend Chapter 64, Article I, Section 64-1 Definitions. (Agenda Item No. 14-159) (Kathleen Field, Community Development Director) 8. Consideration of RZ14-02 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits. (Agenda Item No. 14-160) (Kathleen Field, Community Development Director) 9. Consideration of RZ14-03 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for a Rural or Agricultural Event Facility. (Agenda Item No. 14-161) (Kathleen Field, Community Development Director) 10. Consideration of RZ14-04 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for Artist Studio. (Agenda Item No. 14-162) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of the State Route 9 North Visioning Plan. (Agenda Item No. 14-163) (Discussed at May 12, 2014 Work Session) (Michele McIntosh-Ross, Principal Planner) 12) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 2 , 2014 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 13) STAFF REPORTS 1. Update on Outdoor Siren Warning Project. (Matt Marietta, Fire Marshal) 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-164) The minutes were provided electronically HOME OF ' MILTON*k ESTABLISH F[) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Approval of a Contract between the City of Milton and T & T Uniforms, Inc. for the Purchase of Fire Department Uniforms. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: 9 YES CITY ATTORNEY REVIEW REQUIRED: VYES APPROVAL BY CITYATTORNEY PLACED ON AGENDA FOR REMARKS APPROVED (j NOT APPROVED (jNO () NO (J NOT APPROVED © Your PHONE: 678.242.25001 FAX: 678.242.2499 -..Green A **Certified t 'op io infoOcifyoFmiltonga.us www.cityofmiltonga.us Communi#y Eche 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '` a To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on May 23, 2014 for the June 2, 2014 Regular Council Meeting Agenda Item: Approval of a Contract between the City of Milton and T & T Uniforms, Inc. for the Purchase of Fire Department Uniforms ____________________________________________________________________________ Department Recommendation: Approve the attached contract for the purpose of purchasing Fire Department uniforms from T & T Uniforms, Inc. Executive Summary: The National Fire Protection Association (NFPA) recommends that all firefighters wear Nomex uniforms, which provides an additional level of protection for firefighters. Fire Department uniforms are custom fit and embroidered with the employee’s name and fire department patch. To ensure quality and uniformity of appearance while displaying a professional image among our firefighters and with the public, it is useful to contract with a vendor who is able to provide a combination of customer service, price and consistency. This ensures that our firefighter’s uniforms are consistent from year to year and that we are not forced to constantly renegotiate the terms of service. A competitive bid process was conducted and T & T Uniforms Inc. was selected as the lowest bidder. . Funding and Fiscal Impact: The purchase of uniforms is a regular and necessary maintenance and operating line item for this expense and is included in the FY 2014 budget for the Fire Department. This contract would not obligate any further expense for the City of Milton, but instead ensures that the Department gets the best service, price and quality for the funding already earmarked for this purpose. The contract in question allows for a 2.5% inflation increase after the first year. This agreement will automatically renew on January 1, 2015 and on January 1 of each year thereafter. This agreement will terminate on December 31, 2018. Alternatives: The department may continue to purchase uniforms on an ad hoc basis from various suppliers. However, this is not an optimal arrangement because it would greatly increase the time administrative staff spends in the procurement process and may hinder achieving consistency of uniforms within the Fire Department. Legal Review: Ken Jarrard – Jarrard & Davis (May, 2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement 14-FD02 Page 1 CITY OF MILTON, GEORGIA UNIT PRICE CONTRACT THIS AGREEMENT made and entered into under seal this ____ day of ___________, 2014, by and between the CITY OF MILTON, GEORGIA (Party of the first part, hereinafter referred to as the “City”) and T & T Uniforms, Inc. (Party of the Second Part, hereinafter referred to as the “Contractor”); WITNESSETH: That said Contractor has agreed, and by these presents does agree with the City for the consideration mentioned in the Proposal hereto attached as Exhibit “A,” to furnish the goods described in the Proposal. JOB NAME: The Contractor agrees to supply the goods described in the Proposal for the prices described therein to the City in such quantities as the City requires. The Contractor agrees to be reimbursed on a price per unit basis per the respective prices listed in the Proposal with the understanding that the City guarantees no maximum or minimum purchase or work. Contractor agrees to provide material per the specification numbers on the price quotes included in Exhibit “A” for the term of this Agreement per each specific quote. The City reserves the right to purchase like goods and services from other vendors if it is in the best interest of the City. TERM OF CONTRACT: The term of this Agreement shall be from the date of execution until January 1st, 2015, unless terminated earlier as provided for herein. This Agreement shall automatically renew on January 1, 2015 and on January 1 of each year thereafter absent written notice of non -renewal provided by the City to the Contractor at least thirty (30) days prior to the termination of the then current renewal term, provided that this Agreement shall terminate absolutely and without further obligation on the part of the City on December 31 of each year. This Agreement shall terminate absolutely and without any further obligation on the part of the City or automatic renewal on December 31, 2018. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. 14-FD02 Page 2 INITIATION OF INDIVIDUAL PURCHASES: Each individual purchase of goods shall begin with a written order (“ORDER”) on a form provided by the City. The Contractor agrees to the following terms and conditions regarding each ORDER: 1. Acceptance of each ORDER shall occur upon Contractor’s acknowledgment of the ORDER, shipment of any goods, performance of any services, or commencement of any work on supplies or goods described by the ORDER. ORDERS shall be void unless signed by the Mayor or designee. 2. The Contractor guarantees that no article shipped pursuant to any ORDER will be produced in violation of any provision of the Fair Labor Standards Act, and further guarantees full compliance with all provisions from time to time applicable of any other federal and all state and local laws; and Contractor agrees to hold the City harmless from all liability resulting from failure of such compliance. 3. Compliance with Federal and State laws: The Contractor agrees to comply with applicable provisions of any Federal or State Law and all executive orders, rules and regulations issued thereunder, whether now or hereafter in force, and any provisions, representations or agreements required thereby to be included in the contract resulting from acceptance of any ORDER are hereby incorporated by reference, including but not limited to, Executive Order 11246, as amended, Chapter 80 of Title 41 of the Code of Federal Regulations, as amended, Obligations of Contractors and Subcontractors, and Chapter 1 of Title 48 of the Code of Federal Regulations, as amended Federal Acquisition Regulation. 4. In accepting any ORDER, the Contractor agrees to hold the City harmless against any liability, judgment, damages, loss or expense, including reasonable attorney fees, resulting from any claim or any suit against City charging infringement of a United States copyright or patent by any publication or product sold under any ORDER, or any element of such product. Contractor agrees to hold City harmless against any liability, judgment, damage, loss or expense, includi ng reasonable attorney fees, resulting from Contractor’s failure to meet the requirements of this Agreement. 5. No waiver by City of any breach of any ORDER or the granting of an extension for performance hereunder shall be deemed to be a waiver of any other or subsequent breach. Contractor agrees that it will not claim that City has waived any of Contractor’s performance requirements under any ORDER, and no such waiver shall be effective to relieve Contractor from complete and punctual performance of such requirements, unless such waiver is expressly stated in writing and signed by City’s representative (or his/her successor) who signed the ORDER. 6. Acceptance of each ORDER is expressly limited to the terms hereof. If the Contractor objects to any of the terms hereof, it shall notify City in writing within ten days of the date of the ORDER, and withhold shipment of the good(s) listed therein until the controversy is resolved. Any oral or written acknowledgment or confirmation of any ORDER, any shipment of the goods ordered hereby or the furnishing or any services pursuant to any ORDER shall, notwithstanding the terms of such acknowledgment or confirmation, constitute acceptance by the Contractor of each and all of the terms and conditions stated herein. The City will not be bound to any additional or different 14-FD02 Page 3 terms hereafter transmitted by Contractor except by a signed consent, and will in no event be bound by silence or acceptance of the goods listed herein to any terms and conditions other than these stated herein. This Agreement contains all the terms and conditions of the purchase agreement and shall constitute the complete and exclusive agreement between Contractor and City. No modification, rescission or waiver of any ORDER of this Agreement shall be effective unless in writing signed by the parties. All transactions under this Agreement (including remedies for breach and period within which such remedies must be brought) shall be governed in all respects by the laws of the State of Georgia, and venue for any action brought pursuant to any ORDER shall be in the Superior Court of Fulton County, Georgia. 7. If the goods purchased under any ORDER are “articles of wearing apparel” “fabrics” “interior furnishings”, or “related material”, covered by the Federal Flammable Fabrics Act, or similar State laws, then unless the goods are exempted from the provisions of said laws, Contractor guarantees that reasonable and representative tests made according to the procedures prescribed in Section 4 of the Flammable Fabrics Act, show that the goods are not under the provisions of such Act so highly flammable as to be dangerous. 8. City shall not be bound by any terms and conditions included in Contractor’s package, invoices, catalogs, brochures, technical data sheets, or other documents which attempt to impose any condition at variance with the terms and conditions contained herein. In the event any special terms and conditions attached to any ORDER by the City conflict with these standard terms and conditions, such special terms and conditions shall govern. 9. (a) Delivery must be in strict compliance with the instructions contained in any ORDER and shall be made by Contractor at such times and places and of such items and quantities as may from time to time be specified by City. If Contractor fails to meet its scheduled delivery dates and the City elects to call for expedited shipments, Contractor will pay the difference between the method of shipping specified and the actual expedited rate incurred. Contractor shall be responsible for any additional charges resulting from deviation from City's routing instructions. If Contractor fails to make delivery promptly and regularly, as required under any ORDER, City may, in addition to other remedies available at law, terminate any such ORDER by giving notice to Contractor. Notwithstanding Contractor’s delivery of any goods, Contractor shall bear risk of loss or damage to goods purchased hereunder from the time that City gives notice of rejection of goods pursuant to the inspection provisions of this Agreement. (b) Packaging and packing of items to be delivered by Contractor shall insure safe arrival at their destination, secure lowest transportation cost, conform with requirements of common carriers and, in any event, comply with City's minimum specifications. 10. Contractor warrants that any goods supplied to City under any ORDER are of merchantable quality, free from defect, conform to all specifications set out in any individual contract or any ORDER, and are fit for the purpose for which such goods are ordinarily employed and for the particular declared City purpose. 11. Contractor shall not assign any ORDER or any portion of any ORDER, nor shall Contractor subcontract for completed or substantially completed goods or services purchased hereunder, without the prior express written consent of City. No assignment or subcontract b y Contractor, including any assignment or subcontract to which City consents, shall in any way relieve 14-FD02 Page 4 Contractor from complete and punctual performance of each ORDER, including without limitation all of Contractor's obligations under the warranty provisions of this Agreement. 12. During the term of this Agreement, Contractor shall in effect insurance coverages as described in Exhibit “B,” attached hereto and incorporated herein by reference. ADDITIONAL INSTRUCTIONS TO CONTRACTOR REGARDING ORDERS: 1. Acceptance of each ORDER and any attachments constitutes a contract between Contractor and City, and these Instructions are made a part and a condition of the contract. 2. Contract number MUST appear on all invoices, packages and documents related to each ORDER. 3. Payment will be made by CONTRACTOR INVOICE ONLY showing Contract Number. Separate invoices must be submitted for each ORDER. Shipping memo showing ORDER number must accompany all deliveries. Only PREPAID INSIDE SHIPMENTS will be accepted. 4. Do not part ship against any ORDER without permission. 5. PLEASE ACKNOWLEDGE ORDERS PROMPTLY. 6. Deliveries must be made between 9:00 a.m. and 4:00 p.m., FOB to location listed on ORDER. 7. Deliveries will be received subject to examination and approval by City as to accuracy of order and compliance with specifications. Defective or inaccurate shipments will be returned at CONTRACTOR’S EXPENSE. 8. Where applicable, materials shall comply with: a) Federal Occupational Safety & Health Acts Standards; and b) DOT Hazardous Materials Regulations. STIPULATIONS: Upon each individual purchase, the City shall pay and the Contractor shall receive the prices stipulated in Exhibit “A” as full compensation for everything furnished by the Contractor, relative to the above named job, which prices shall be paid in the manner and terms specified by the City. MANNER AND TERMS OF PAYMENT: Payment shall be net 30 days. PROHIBITIONS: The Contractor shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title or interest therein to any person, firm or corporation without the previous consent of the City in writing. 14-FD02 Page 5 TERMINATION FOR CONVENIENCE: The City may at any time by written notice terminate all or any part of this Agreement for the City's convenience. If this Agreement is terminated, in whole or in part, for the City's convenience, the Contractor shall be paid for goods actually shipped to and accepted by the City. E-VERIFY It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E- Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10- 1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 14-FD02 Page 6 the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. NONDISCRIMINATION In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section F in every subcontract for services contemplated under this Agreement. 14-FD02 Page 7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first mentioned above. ATTEST: CITY OF MILTON, GEORGIA ______________________________ BY:_________________________ [SEAL] TITLE:_______________________ ATTEST: CONTRACTOR BY:_________________________ _____________, Secretary NAME/TITLE:______________________ [AFFIX CORPORATE SEAL] 14-FD02 Page 8 EXHIBIT A a - CITY OF MILTON Bid Number: Project Name: 14-FD02 FY14 Uniforms Fire Fighters Due Date and Time: April 24°`', 2014 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: April 2'', 2014 City of Milton Department of Public Safety Phone: 678-242-2511(Purchasing) 13000 Deerfield Pkwy, Suite 107 Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Sealed Submittal to: Mark Sealed Package: City of Milton FY14 Uniforms Fire Fighters Attn: Rick Pearce, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107G Special Instructions (questions): Milton, Ga. 30004 678.242.2511 Email questions to Rick Pearce to rick pecrreeCcityofniittotiga. us Deadline for questions April 15"', 2014 Answers to all questions will be emailed around _ Aril 18"', 2014 l.4-FD02 REQUEST FOR PROPOSAL CITY OF MILTON The City of Milton is accepting sealed proposals from qualified vendors for Fire Fighter uniforms. All bidders must comply with all general and special requirements of the proposal information and instructions enclosed herein. The goal is to have a multi-year contract with the winning submitter. Sealed proposals will be received no later than April 24th, 2014 at 2:00pm. Sealed Proposals shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Proposals shall be marked on the outside of the envelope: FY14 Uniforms Fire Fighters Name of Company or Firm The City of Milton reserves the right to reject any or all Proposals and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected Vendor must be able to deliver within ten (10) calendar days after award. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 Telephone Number: 678-242-2511 Fax Number: 678-242-2499 E-mail Address: rick.pearce@cityofiniltonga.us 14-FD02 Unit Prices Please return the attached spreadsheet filled out with the Submittal The Contractor agrees to be reimbursed on a price per unit basis with the understanding that the City guarantees no maximum or minimum purchase or work. Please fill-in the "price per unit" column on the spreadsheet. The prices listed must be valid for at least one year. A 2.5% inflation addition may be added after year one. i Unit Price Spreadsheet, xlsx REFERENCES/ EXPERIENCE Please supply two (2) references on your own form. Full consideration will be given to the reputation of the submitter, City of Milton experience, financial responsibility, and work of this type successfully completed. Regarding vendors who have performed services for the City previously, this evaluation will include consideration of the quality of the work previously provided by any such vendor. In conducting such evaluation, the City may also consider credible evidence provided to or obtained by the City from any source regarding any vendor's quality of performance on other projects for entities other than the City. E -Verify Please return the attached E -Verify forms completed with the submittal l E -Verify, docx Pursuant to Georgia law, City contractors engaging in the physical performance of services, wherein the labor or services exceed $2,499.99, must register and participate in the Federal work authorization program operated by the United States Department of Homeland Security, currently known as E -Verify, unless the contractor provides evidence that it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and that it is in good standing. Before a bid for any such contract is considered by the City, the bid must include a signed, notarized affidavit evidencing compliance with E -Verify, a form of which is attached above or evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. 14-FD02 Evaluation Criteria Cost 70% References/Experience/Service/Location 30% COST OF PREPARING A BID The City is Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the RFP as requested by the City are entirely the responsibility of the Submitter. The City is not liable for any expense in the preparation and presentation of the RFP. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and submitter resulting from this RFP process. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all Proposals and prior to the determination of the award, the City may initiate discussions with one or more submitter should clarification or negotiation is necessary. Submitters may also be required to make an oral presentation and/or product demonstration or to further define their offer. In either case, Submitters should be prepared to send qualified personnel to Milton, Georgia to discuss technical aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the Submitter's expense. 4 14-FD02 LIST OF SUBCONTRACTORS SUBMITTERS MUST RETURN THIS SHEET WITH BID RESPONSE I do , do not ,propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: 5 � 14-FD02 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City detern- Ines adequate funds are not available. 6 14-FD02 BID PRICE CERTIFICATION SUBMITTERS MUST RETURN THIS SHEET WITH BID RESPONSE In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted within ninety (90) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item. COMPANY ( ev-v S -J-& G ADDRESS 6�-X-1' l _ S 11�1 SIGNATURE PRINT / TYPE NAME 7 'br 14-FD02 C 0 LD k 1Jt- .sm y/tYq ` AUTHORIZED DISCLOSURE FORM CITY OF MILTON SUBMITTERS MUST RETURN THIS SHEET WITH BID RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your Bid package when it is submitted. Name of Bidder �'�(,1 m a or -1 Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. AmountNalue Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: 8 �__ 14-FD02 PLEASE ENTER PRICE PER UNIT IN YELLOW BOXES Operations Uniforms Style# l Quantity 1-20 Quantity 21-30 Quantity 31-50 Quantity 51-100 Quantity100+ Price Per Unit I Price Per Unit Price Per Unita (1-20) (21-30) (31-50) Price Per ,,it Price Per Unit (51.100) (100+) T.1.11,11 Nomex Pants Nomex Shirt (incl 402NX75 60 89 5340 patch/name/badge)-SS No— Shirt (incl 7MN%45 60 Moisture wicking - Spor[Tek 7473 RN 90836 90 5400 patch/name/badge) - LS 705Nx45 10 104 1040 120 9 1080 Ball Cap New Era Flex Fit 62% poly 38% wool Job Shirt no denim R Heroes Inc (orcomp) 261 14 1680 1326 Champion 100 % poly or comp 60 17 1020 5:11 Fleece Jacket 48111 - black. 48033-724 - blue 10 80 800 Propper LSI Practical Fleece Honor Guard Uniforms Pullover F5430 -ow 30 41 10 410 65 650 Dress Shirt - LS, Gold Buttons 100%Po1yester 10 Biauer Fleece Jacket Full Zip 4650 10 57 Dress Trouser, black, red stripe sewn in - Anchor 570 10 48 480 Red Shoulder cord 5:11 Tactical Resp. u er Jo cket Propper Defender Alpha Classic 48063, 48073 10 262 2fi20 Jacket F547575 26 121 30 3146 100 White Gloves 10 6 Bates 5' Sport Boot Black 2262 13 71 30 923 32 320 Black Belt - Gold Buckle 10 Bates 8' Sport Boot Black 2261 13 77 Dress Shoes 1001 10 83 830 Rescue Belt - Nylon 703306 201 25.5 510 Polo shirt ss. 5:11 utility polc blue 10 29 290 Dress Uniform - Class A 0 Double Breasted Coat - Anchor Brand. 2268L (or comp) 10 250 2500 Gold buttons for officers, silver for rest 30 0 Dress T—ser, black -Anchor 229 BL(or comp) 10 % 960 bell crown, gold banded. Midway Model 9113 (Midway) or comp 10 65 650 Dress Hat - FF black poly, bell crown style silver banded. Midway Model 9112 (Midway) or mmP 10 65 6f0 65% Dacron, 35% cotton poplin weave, Dress Shirt - LS, SS perms finish 1236 360 Clip on tie Black polyester 10 4 40 Dress Shoes Bates nigh Gloss- #942 10 83 830 Name Plate Reeves#500-gold or silver 60 10.5 630 !Leather belt Black 13/4"1611T 30 20 200 Exercise — 0 Sweat Pants/ s hirt(with miltnn logo) Champion 50/50 RN15763 20 1200 100/ Poly Tshirt (mil[on logo screen print) Moisture wicking - Spor[Tek 7473 RN 90836 300 16 4800 Blue Fleece beannie 120 9 1080 Ball Cap New Era Flex Fit 62% poly 38% wool 120 14 1680 Shorts Champion 100 % poly or comp 60 17 1020 0 Honor Guard Uniforms 0 Dress Ha[ -white leather bell crown, gold banded. #113 (Midway) or comp 10 65 650 Dress Shirt - LS, Gold Buttons 100%Po1yester 10 48 480 Dress Trouser, black, red stripe sewn in - Anchor 229 BL (or comp) 10 48 480 Red Shoulder cord 10 14 140 Red Ascott 10 30 100 White Gloves 10 6 60 Honor Guard Lapel Pins _ 30 32 320 Black Belt - Gold Buckle 10 32 320 Dress Shoes Bates High Gloss -9942 10 83 830 Total Year 1 Estimated Price Based on Estimated Quantity -) 44636 t}g03 to t- 490-73 9 24? 1 - EXHIBIT B CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: II tt q S r7 t "f eVerify Number IflJ L9 Date of Authorization Name of Contractor T *-`1' Name of Project F � 14 City of Milton Name of Public Employer U tr,c F'ctt,4e^-4 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on RQr• 1 ,a`4" 201'i in_,,�City), (state). Signature of AuthohzcA Officer or Agent zrte'do... Lac-1c,"kie Coo Printed Name and Title of Authorized Officer or Agent SUBS RIB D,A1hVD SWORN BEFORE ME ON TkIIS THE�� D Y OF }� 201 . N01f PU C [NOTARY SEAL] 17 if[r 14-FD02 Commissr�,.FxpirAS;—' EXHIBIT C SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows eVerify Number Date of Authorization Name of Subcontractor Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in _(city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE - DAY OF ,201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 1811)age 14-FD02 2279 South Cobb Dr Smyrna, Ga 30080 770-433-3211 Re: FYI Fire Fighters Uniforms References Department : Cobb County Sheriff Office ( 500 sworn officers) Years Provided: Since 1999 Contact : Darrell Deavers Phone : 770-643-8954 Location Services Provided: 2279 South Cobb Dr Smyrna Ga. 30080. Description of Services and Years Provided: Full service Uniform Provider, Class A Uniforms, Class B Uniforms, etc Leather goods and all related accessories, Embroidery and silk screen printing T shirts and sweats. Department : Cobb County Police Department ( 600 sworn officers) Years Provided: Since 2001 Contact: Nikki Brown Phone : 770-499-4124 Location Services Provided : 2279 South Cobb Dr Smyrna Ga. 30080. Description of Services and Years Provided: Full service Uniform Provider, Class A Uniforms, Class B Uniforms, etc Leather goods and all related accessories, Embroidery and silk screen printing T shirts and sweats. Department: Cherokee County Sheriff Office ( 337 sworn officers) Years Provided: Since 2001 Contact : Stacey Williams Phone : (678) 493-4134 Location Services Provided : 2279 South Cobb Dr Smyrna Ga. 30080. Description of Services and Years Provided: Full service Uniform Provider, Class A Uniforms, Class B Uniforms, etc Leather goods and all related accessories, Embroidery and silk screen printing T shirts and sweats. Department : College Park Fire Department ( 60(+/-) Firefighters/officers) Years Provided: Since 2006 Contact : Kevin Harris Phone : 404-766-8248 ex 2900 Location Services Provided : 2279 South Cobb Dr Smyrna Ga. 30080. Description of Services and Years Provided: Full service Uniform Provider, Class A Uniforms, Class B Uniforms, NOMEX and all related accessories, Embroidery and silk screen printing T shirts and sweats. Department : Cherokee Fire Department (300(+/-) Firefighters/officers) Years Provided: Since 2006 Contact : Danny Daniels Phone : 678-493-4015 Location Services Provided : 2279 South Cobb Dr Smyrna Ga. 30080. Description of Services and Years Provided: Full service Uniform Provider, Class A Uniforms, Class B Uniforms, NOMEX and all related accessories, Embroidery and silk screen printing T shirts and sweats. A HOME OF ' LTONIIN1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Young Men's Christian Association of Metropolitan Atlanta, Inc. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P4 APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: k YES () NO CITY ATTORNEY REVIEW REQUIRED: + YES O NO APPROVAL BY CITY ATTORNEY (APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: dt0214 REMARKS ® Your PHONE: 678.242.25001 FAX: 678.242.2499 Tian Green �4w ; c !-ie�a 4 pP lUV info@cityofmiltonga.us www.cityofmiltonga.us Community Voltk 13000 Deerfield Parkway, Suite 107 Milton GA 30004 a�, To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on May 20, 2014 for the June 2, 2014 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Young Men’s Christian Association of Metropolitan Atlanta, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Young Men’s Christian Association of Metropolitan Atlanta, Inc. Executive Summary: This is a renewal of an existing and successful program here in the City. Young Men’s Christian Association of Metropolitan Atlanta, Inc. provides a summer day camp that runs for seven weeks. This camp is very popular and has grown each year since it’s inception. Funding and Fiscal Impact: The class pricing will average $175 per week. This contract offers a 10% commission on registration to the City. Alternatives: If this contract is not approved, we will have to discontinue the summer camp. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis, March 5, 2013 (Contract Template) Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Young Men’s Christian Association of Metropolitan Atlanta, Inc. HOME OFIM In L N ' ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2014, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN ATLANTA, INC. hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Summer Day Camp at the following locations: Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department or his designee, hereinafter referred to as the "DEPARTMENT", will agree upon program schedules. PROVIDER agrees to submit a Program Request Form to the Coordinator for each program being proposed eight (8) weeks prior to the beginning of each session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharPe for non-residents shall be paid to the CITY. siyYOUQ r•*** PHONE: 678.242.25001 FAX: 678.242.2499 ` Green w ' *cettewa* � Info�cityofmiltonga.us Communi www.cityofmiltonga.us .� . , chyd �Eth;a� 13000 Deerfield Parkway, Suite 107 Milton GA 30004 '""' '" ' 'Q` Document 1.5 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.6 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.7 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.8 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited. sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.9 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business including workshops, clinics, seminars, camps, or any other activities that are outside the scope of service described in (Exhibit "A"). It is further understood that such action(s) may result in immediate termination of the Agreement and the forfeiture of all compensation due to the PROVIDER. 1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have rirst priority far use of CITY facilities, notwithstanding any other provisions of this A--reement 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey - all applicable policies, procedures, Rules and Regulations. Document 1. 13 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.14 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.15 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.16 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B") for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.17 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, Document PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of goal posts with the principal of the school located at the facility. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs. Fundraising activities conducted by the PROVIDER will not be permitted. The PROVIDER shall obtain the CITY's approval of any merchandise to be sold prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be canceled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. ARTICLE 3.0 Prosram Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the releases and indemnities contained herein and of the PROVIDER's services in connection with the programs and activities described herein, the CITY shall be entitled to 10% of the registration fees paid by all program participants to the PROVIDER, and the PROVIDER shall be entitled to 90% of such fees paid, exclusive of the 50% non-resident surcharge. The 50% non-resident surcharge is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to Document PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to collect all fees from participants, and the PROVIDER agrees to provide CITY with schedules of fees to be charged to participants in conformance with Exhibit "A". It is agreed that the PROVIDER's sole obligation shall be to collect the fees from the participants and to remit the 10% of the fees collected as well as all 50% non-resident surcharge amounts to the CITY with a pay -out report of all monies collected. Payment will be made to the CITY within fourteen (14) business days of the end of each month or session or program whichever occurs first. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDERs activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Document ARTICLE 6.0 Insurance 6.1 PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance.. The following limits must be maintained: Document A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption along with a written request for CITY to exempt PROVIDER, written on PROVIDER or subcontractor's letterhead. 6.6 PROVIDER shall also maintain Auto Liability and Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 6.7 The CITY and the Fulton County Board of Education shall each be named as an additional insured and loss payee on all policies required by this Agreement. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated and execution or termination of the contract will be determined by the DEPARTMENT. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect for a period of one (1) year from the date of execution of this Agreement by the CITY, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond the one (1) year term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 This Agreement may be terminated by the CITY for convenience upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein at the sole and exclusive discretion of the CITY. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. Document 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs, in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. ARTICLE 8.0 Indemnification 8.1 PROVIDER agrees to indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, their trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY, the FULTON COUNTY BOARD OF EDUCATION, or any third party arising out of, or by reason of, or resulting from the will full or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in fill force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans With Disabilities Act 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 PROVIDER in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Provider agrees that, during performance of this Agreement, Provider, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Provider agrees to comply with all applicable implementing Document regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. 10.2 This Agreement is non -transferable or assignable, and PROVIDER agrees not to transfer or assign the performance of services called for in the Agreement. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. Document IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: SUDIE GORDON, CITY CLERK WITNESS: -(7 �-, Y-�"e :-�d CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: BY: EDWARD MUNSTER, PRESIDENT [AFFIX CORPORATE SEAL] EXHIBIT `°A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: YMCA Summer Day Camp Participant Ages: 6 - 12 Day/s of the week program is offered: Monday — Friday (Summer) Time of Program: 7:30 am to 6:00 pm Program Dates: June 2 to July 25 Program Fee: $180.00 per Week (Resident) and $270 per Week (Non -Resident) Program Enrollment: Minimum 20 Maximum 60 Materials to be supplied by participants: None Materials to be supplied by PROVIDER. All Materials to be supplied by the City of MILTON: School location for camp & rental Additional Program Requirements: Must have indoor & outdoor space (including gym) PROVIDER (`s) Name: Ed Isakson Alpharetta YMCA Address: 3655 Preston Ridge Road City/State/Zip Code: Alpharetta GA 30005 Phone Number: (Day) 770-664-1220 (Evening) 770-664-1220 (E-mail): laurenw@ymcaatlanta.org (Fax) 770-664-0337 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: Control No. OX10153 STATE OF GEORGIA Secretary of State Corporations Division 315 Nest Tower 42 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1534 CERTIFICATE OF EXISTENCE L Karen C Handel, Secretary of State and the Corporations Commissioner of the state of Georgia, hereby certify under the seal of my office that YOUNG MEN'S CHRISTIAN .ASSOCIATION OF METROPOLITAN ,ATLANTA, INC. Domestic Non Profit Corporation was formed or was autho&ed to transact business on 05/28/1542 in Georgia. Said entity is is compliance with the applicable filing and annual registration provisions of Title 14 of the Official Code of Georgia Annotated and has not fled articles of dissolution, certificate of cancellation or any other similar document with the office of the Secretary of Stato. This certificate relates only to the legal existence of the above-named entity as of the date issued. It does not certify whether or not a notice of intent to dissolve, an application for withdrawal, a statement of ccmmenc a ment of winding up or any other similar document has been filed or is pending with the Secretary of State. This certificate is issued pursuantto Title 14 of the Official Code of Georgia Annotated and is prima-facie evidence that said entity is in existence or is authorized to transact business in this state. WITNESS my hand and official seal of the City of Atlanta and the State of Georgia on 15th day of May, 2009 Darren G Handel Secretary of State CerMcatiamNumbet:4306301-r Refexeme: Vd* this catifficate online at hftp:l/OMP.sos state.go us/cotp/Sowkbtvadfy asp YMCAO-1 OP in: Pic, CERTIFICATE OF LIABILITY INSURANCE DAT DIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 07108 07108 (13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomemant(s). PRODUCER 770.934-3248NAME Williams, Turner & Mathis Inc. 770-723-8081 P.O. Box 450289 Atlanta, GA 31145 Williams, Tumor & Mathis CT PRONE Arc No A:c N„ ADORess: INSURERS AFFORDING COVERAGE NAK:# LIMITS INSURER A: Great American INSURED YMCA Of Metro Atl Inc Attn: Mitch Mouchabeck INSURER a: Zenith Insurance Co. INSURER c 100 Edgewood Av #1100 INSURER 0: Atlanta, GA 30303 INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R TYPE OF INSURANCE POLICYNUMBER POLICY EFF MWDD P LIMITS GENERALLIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X PAC2131878 05107/13 05107114RP P�nlsesNca, renca g 1,000,00 CLAIMS -MADE O OCCUR MED EXP (Arty one Perm) S 15,00 PERSONAL&ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 3,000,00 GEMLAGGREGATELIMITAPPLIESPER; PRODUCTS -COMPIOP AGG S 3,000,00 POLICY JECT PRO- LOC $ AUTOMOBILE LIABILITY COMBINEDINGLE LIMIT g 11000,00 A X ANYAUTO CAP2131879 05/07/13 05107114 BOTEaDILYINJURY (Far Person) § ALL OWNED SCHEDULED BDDILY INJURY (Per ecc)dera) $ AUTOS AUTOS X HIRED AUTOS X AUTOS ED AUTOS GE PROPERTY ccidentl S S X UMBRELLALIAE X OCCUR EACH OCCURRENCE 5 1O,OD0,00 A ExcEssuAB CWMSMADE X UMB2131880.05 05/07/13 05/07114 AGGREGATE s 10,000,00 DEC) I x I RETENTIONS 10000 S WORKERS COMPENSATION WCSTATU- OTH- X AND EMPLOYERS' LIABILITY YIN ER B O�NYPitopRiErOERwARTNER cuTNE El NIA 069890306 07/01/13 07101/14 E.L. EACH ACCIDENT s 1,000,00 (Man. dedatsairy In NH) ffyDESCRIPTION EL DISEASE- EA EMPLOYE • $ 1,000,00 EL DISEASE -POLICY LIMIT 5 11000,00 OF OPERATIONS below DESCRIPTION OF OPERATIONS t LOCATIONS ]VEHICLES (Attach ACORD 1 DI, Additional Remarks Schedule, if more space is required) City of Milton and Fulton County Board of Education is additional insured with respect to general liability. Program: Ed Isakson YMCA activities Attn: John Rebar, Recreation and Parks Director MILTOCI City of Milton 1300 Deerfield Parkway,Ste 107 Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE rr ,aoa-LV IV H�avRu Lur%ru PI1 IVN- All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD :-. CERTIFICATE OF LIABILITY INSURANCE DATE(M,AIDDlYYYY) ........_ ..... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICp,TE HOLDER. tHiS' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollees} must be endorsed. It SUBROGATION IS WAIVED, subject to i the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorseme s)... PRODUCER 770-934-324T: 8: WIllams, Tumor S Mathis Inc. P. 0. Box 450289 770-723-8081 N� . _ _... _..._... -- �--- _ Atlanta, GA 31145 Williams, Turner & Mathis OENERALLUlB1U1'Y COMMERCIALGENER(gL,LwahxrY CLAtM6-MADE J�X ;.00CUR _= $ AFFORDING COVERAGENoe s f;:N &! SURER A: Great:American-_.._ E0 YMCA Of Metro A1I Inc- i Atte: Mitch Mouchabeck 100 Edgewood Av#1100 ..-------- --- ...., --- -INsuaw,a.Zenithlri.sUCaiTCQ,GQ,, -...__.... _:. _ iNstiaOricz.. - • _--::::: _--------.. . INSURER p ._................. __. ,..._ ....._. Atlanta, GA 30303 .PERSONAL.6 ADV INJURY.:;.S_____,,.-:,1,OD0;00 I _ _ - ---- . _ _.. ..._ G. Wnlaumor.M. - .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD--- ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS i CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, :j. EXCLUSIONSANDCONDiTiONSOFSUCHPOLICIES„LIMITSS110WN.MAXi.1.AVEBEENREDLFQED.BYP>}IC).C..LAIMS,._ - ..: -.'�. ' :, TYPE OF IN3yRANCB ' • !.... .P.OLlLX NU ER. ...... �'.: Fulton County Board of • . p �--- _ A.X,. OENERALLUlB1U1'Y COMMERCIALGENER(gL,LwahxrY CLAtM6-MADE J�X ;.00CUR - -- ; i I; PAC2131878 05107/13 06/07/14 ; EACHOCCURRENCE,. :.__ 3 1,000,001 BEM s_•.-_ 1,OOO,t20 MED EXP.(Any.0nagerm)•-:- 3:: .PERSONAL.6 ADV INJURY.:;.S_____,,.-:,1,OD0;00 _ _ - ---- .. GENERAL ACIGREGATE .' S OEMLAGGREGATE UMMAP.PLIESPER: fx Dgmt- - �PR0017C7Sr.00ASPtOPAGG; S. ... 3i0QO,0 i ”-_- S, ! 'A AUTOMOSILtliJANLIlY X..ANYAUTG _ _.. :ALLOWNED F SCHEDULED AUT -08 AUTOSBODILY 'X 'HIREDAU`OS EDNADP j .. CAP2131879 06107113 ! 08107/14 ':BtnLYINJURY(Perpmw). .. ._.s.......:1,00.0,00 s_.__i ., -`' ------- -�, tNJ�1RY (Par acddegl) S --` -^ RGI;.._ .... 4 A .....: B yi iUMSRELUi ilA9 :ExcEsstJA9 .X 1. ,OCCUR 'SMS -MADE '10.006.. _ NIA l MB213188005 069890305 16 05/07/13 07/01/13 08107114 071011`14 ...iE.LE4CNACCD ` __10,QOp, bi ' __ .. . AGGREGATE;... .i �_. .oEO X eREMITIONS WbRKERB COMPENSATION . AND EMPLOYERS' LUBi1(rY YJN OFFICEMEMBEREXC (&0Mae3asftd;RdnitsPoxPTryrIOitbnNaNHj m.. vrvE =11=08 Nslow '• ::: -. _..-- 5••- --.111 FMEM .$ ,,,O00g0Q000;,,000 _ELDISEASE -VA PLOYE.-E _ EL DISEASE. POLICYLUf Is0 .._ .. _ .. i ... I '. .. DE§CRIPTION OF OpERATIOtJBJLCICAT10tr9/yE`tfICLE6 (Attach AGORD t01, AddRlonal Ramarka 8cheduN,lrmore apau is ragWnd} Salton County Board of:'Education is additional insured for general liability. Period - Policy year Puroes - use of playing fields at agreed upon schools _... FULT009 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fulton County Board of THE EXPIRATION DATE 'THEREOF, NOTICE MLL BE DELIVERED IN ACCORDANCE Education WITH THE POLICY PROVISIONS. 6270 Northfield Boulevard - -- AUTHORkZEo REPRESENTATIVE I College Park, GA 30349 .. I w-1 VOD-4UTUAVUKUC:UKYURAT10N. Ali rights reserved_, ACORD 26 (2010/05) The ACORD name and logo are registered marks ofACORD + (� Department afthe Treasury I _A C1 Internal Revenue Service 001150 ATLANTA GA 39901-0001 YOUNG MENS CHRISTIAN ASSOCIATION OF METROPOLITAN ATLANTA INC 100 EDGEWOOD AVE NE STE 1100 ATLANTA GA 30303-3065 In reply refer to: 0752264594 Mar. 08, 2013 LTR 4168C 0 58-0566253 000000 00 00019968 BODC: TE Employer Identification Number: 58-0566253 Person to Contact: Customer Service Tall Free Telephone Number: 1-877-829-5500 Dear YOUNG MENS CHRISTIAN ;r, This is in response to your Feb. 27, 2013, request for information regarding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue -Code in a determination letter issued in December 1942. Our records also indicate that you are not a private foundation within the meaning of section 509(x) of the Code because you are described in section 509(a)(2). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(y) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file. We will publish a list of organizations -whose tax-exempt status was revoked under section 6033(i) of the Code on our website beginning in early 2011, i 0752264594 Mar. 08, 2013 LTR 41680 0 58-0566253 000000 00 00019969 YOUNG MENS CHRISTIAN ASSOCIATION OF METROPOLITAN ATLANTA INC 100 EDGEWOOD AVE NE STE 11.00 ATLANTA GA 30303-3065 If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, i 44-1 — —C-4" A6C— Stephen E. Paxton Operations Manager, AM Operations 3 i Form WM9 Request for Taxpayer Give Form to the (Rev. August 2073) Identification Number and Certlfication requester, Do not !nternat Revue setvlre cue send to the IRS. Narrieas shov3a ori . r Income tax re!u ---- ( you m)'--. ----- .. ._ ..._ _._.. .. __. Yolm ,Men's Christian Association of!tan Atlanta, Inc. BQsiiiess rcairie/disregardedenl8y riertie;llCiftereritfrcm m a Check appropriate box for federal tart dasffloation: Exemptions (see Instructions).o �o ❑ indNlduaVsole proprietor • ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trusitestete Unified liability ❑ illy company. Enter the tax classification (C=C corporation, 3=S corporation, PspartrwshlP) ► P- Exempt payee code (If any)S• 0 u __�Exemption from FATCA reporting n `" ❑ Other (see tnstructlomPo- tato (If array) .. Adiiress (ritirnber; "street; anis apL or Butte no :..: . Requester's name arid address (optional) 100 Ed ewood AVenue NE, Suite 1100 OKy,-state, and ZIP code .Atlanta, GA 30303-_ .... _. . Ust account rwmbar(s) here (optional) • xa a sit Ic#entificatiolt Enter youF nN 16111e apoibpnate box. The 11N provided must match the name given on the "Name" line Soclal;s7iirirrJty:number to avoid backup withholding. For individuals, this is your social security number (SSM. However, for a resident alien, sole proprietor, or disregarded entity, see the Fart 1 Instructions on page 3. For other -= ID U1 entities, it is your employer Identification number (EIN). if you do not have a number, see How to get a trot,,., .,�„a a _... _. _ ... Note. If the account is in more than one name, seethe chart on page 4 for guidelines on whose number to enter. Under penalties of perjury, l certify that: _ 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. tam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the internal Revenue Service (IRS) that t am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the 188 has notified me that I am no longer subject to backup withholding, and 3, 1 am a U.S_ citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest pail, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and 860—bra0-1lyrti�a tYfeiYCeiother than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the iiisfrtsptic5rts:cfn.rSe 3.. Signature of, �! U.S, person 11 - General General Instruction' s Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS,gov for information about Form W-9, atwww.h govAv9. Information about any future developments affecting Form W-9 (such as legiatation enacted after we release K) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer Identification number MN) to report, for exampia, income paid to you, payments made to you In settlement of payment card and third party network transacilons, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an iPA. Use Form W-9 only If you are a U.S. person (Including a resident amen), to provide your correct TIN to the parson requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issuad), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding N you are a U,S. exempt payee. If applicable, you are also certifying that as a U.S. person, your goo" share of any partrershtp Income from a U.S. trade or business is not subject to the Pate b. , (- i. w - withholding fax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(*) entered on this torn (of arty) Indicating that you are exempt from the FATCA reporting, Is correct. Note. 9 you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantlally similar to this Form W-9. Mfinhion of a U.S. person. For federal tax purposes, you are considered a U.S. parson if you are: • An Individual who is a U.S. citizen or U.S. resident amen, • company, or partnership, oorporaflon, compaor association created or organized In the tinned States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for PeftershIps, Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign psriners' share of effectively connected taxable income from such business. Further, In certain cases whore a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1 U withholding tax. Therefore, it you are a U.S. person that Is a partner In a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avokt section 1446 withholding on your share of partnership Income, cat. No. 10231X Form r r-9 (Rev. 0-2013) i i HOME OF ' d 3 f ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Approval of the Following Subdivision Plats: Name of Development Action Comments Kingsley Estates Phase 1 Final Subdivision Phase 1- Unit 2D addition of 19 lots 54-63 Unit 2D Plat and 67-75 Valmont Subdivision Final Subdivision Revision of access easement for lots 31, 32, Plat Revision 33 Arcaro at Triple Crown Final Subdivision Delete road reservation of 44' of right of Plat Revision way and add to lot 10 and 11 Triple Crown Phase 5 Final Subdivision Plat Addition of lots 1-9 MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES X NO CITY ATTORNEY REVIEW REQUIRED: () YES kNO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR. O 6 O ? REMARKS: ® Your PHONE: 678.242.25001 FAX: 678.242.2499 nK[wlw � Gik!n-. �" info@cifyofmilfonga.us www.cltyofmiitonga.us r�ru Community th,c5 f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on May 21 for the June 2, 2014 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, Final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Kingsley Estates Phase 1 – Unit 2D Final Subdivision Plat Phase 1- Unit 2D – addition of 19 lots 54-63 and 67-75 Valmont Subdivision Final Subdivision Plat Revision Revision of access easement for lots 31, 32, 33 Arcaro at Triple Crown Final Subdivision Plat Revision Delete road reservation of 44’ of right of way and add to lot 10 and 11 Triple Crown Phase 5 Final Subdivision Plat Addition of lots 1-9 Funding and Fiscal Impact: None Alternatives: Do not approve Plat Revision Staff Memo Page 2 of 2 Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None VJ HOME OF' 'TONr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for the Thompson Road/Cedar Park Stormwater Improvement Project. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: / ` YES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY PAPPROVED PLACED ON AGENDA FOR: Ot d Z i REMARKS O NOT APPROVED O NO () NO (j NOT APPROVED ® YOUM PHONE: 678.242.25001 FAX: 678.242.2499 ..p ' Greets Z� iniaftityofmiltonga.us I www.cityofmiitonga.us spa Community l; Com;, 3000 Deerfield Parkway, Suite 107 1 Milton GA 30004 b, L."` a City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on May 21, 2014 for the June 2, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for the Thompson Road/Cedar Park Stormwater Improvement Project ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to provide surveying, engineering and design services for a stormwater improvement project located on Thompson Road just south of the Cedar Park subdivision entrance. The existing storm drain system in that area has failed causing flooding to neighboring properties. The City has received numerous complaints about this flooding. In accordance with the city procurement procedures 5 bids were solicited to secure a qualified contractor to complete this project. Engineering303, LLC was determined to be the lowest reliable bidder. Staff is recommending approval of a Professional Services Agreement with Engineering303, LLC in the amount of $6,750. Table 1. Bid Summary Firm Bid Engineering303, LLC $ 6,750 Onsite Civil Group, LLC $12,000 EIS, Inc. $16,249 Brumbelow-Reese, Inc. No bid Wolverton Assoc. Inc. Blount No bid Funding and Fiscal Impact: Funding for this project is available in the Public Works stormwater budget. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 5/6/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT THOMPSON ROAD/CEDAR PARK STORMWATER IMPROVEMENT PROJECT This Agreement made and entered into this _____ day of _____________, in the year 2011, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Engineering303, LLC, (“Consultant”) having its principle place of business at 116 N. Main Street, Suite B, Cumming, GA 30040. WHEREAS, the City of Milton will require certain professional public works services beginning on May 19, 2014; and WHEREAS, the City’s Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit “A”, attached hereto and incorporated herein by reference. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $6,750 (the “Contract Price”) plus an additional $250 for any easement documents requested, for the following tasks without prior written approval from the City. Task 1- Survey Task 2- Engineering Design Services 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub- 3 consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub-consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or 4 borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. 5 (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub-consultants: Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from May 19, 2014 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014, provided that this Agreement, absent written notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2 014, shall automatically renew on January 1, 2015 to November 1, 2015. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 6 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: 7 NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Engineering303, LLC 116 N. Main Street, Suite B Cumming, GA 30040 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “A” and “B” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02. 8 In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “B”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all 9 applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 10 Engineering 303, LLC ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness (Corporate Secretary should attest) _______________________________________ Print Name _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ MILTON CITY COUNCIL: Joe Lockwood, Mayor ___________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ EXHIBIT “A” SCOPE OF WORK City of Milton Thompson Road/Cedar Park Stormwater Improvement Project General Scope of Work This project includes the survey and design of a stormwater improvement project in the City of Milton. It shall be the Consultant’s responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Specific Scope of Services The City of Milton (City), is seeking the services of a professional engineering consultant to prepare construction drawings and specifications for the construction of a stormwater improvement project located on Thompson Road approximately 350 feet southwest of the entrance to Cedar Park Subdivision in LL 604, City of Milton. Note: There is an existing cross- drain pipe in this location which has been buried and is no longer functional. This project scope will include the abandonment and replacement of this system. The consultant shall present any possible alternative plans (in preliminary sketch format) to the City for approval prior to completion of final drawings. The engineering/design items include but are not limited to the following: Task 1: Survey Provide a field run survey to facilitate the design of the project. The project limits will be considered to be from the edge of pavement on the opposite of the road to the edge of the right- of-way on the project side of the road, plus a minimum of 25 feet outside the right of way on the project of the road. Sufficient survey shall be obtained to cover all areas needed for easement or right of way acquisition as necessary to complete the project. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc…., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc…). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, f. Driveways, alleys or other means of access on or crossing the project or within twenty- five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals of the affected area. i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement, buildings, etc…, j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, l. The location of any specimen tree within 50 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24” dbh or greater, any other hardwood or pine 27”dbh or greater and any dogwood, redbud or sourwood 8” dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. Task 2: Engineering Design Services The design services shall include all construction drawings and specifications necessary for the construction of the project. The plans shall, at a minimum, include the following: a. grading and drainage plans, b. erosion and sediment (SWPPP plan) control plans, c. utility locations, d. staking and layout plans, e. tree protection plans (if required), f. construction details, g. easement and right of way exhibits as necessary. Easement and right of way exhibits may be priced on a per parcel basis and should include a legal description. The price submitted for this bid should include (separately) a per parcel price for preparation of these documents. The consultant shall present any possible alternative plans to the City for approval prior to completion of final drawings. The design specifications for this project should meet City of Milton standards. Consultant to provide an itemized construction cost estimate for each segment. Provide digital files of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. EXHIBIT “B” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its complia nce with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work autho rization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the infor mation required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization Engineering303, LLC Name of Contractor Thompson Road/Cedar Park Stormwater Improvement Project Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “C” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of service s under a contract with Engineer303, LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program com monly known as E-Verify, or any subsequent replacement program, in accordance with the app licable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will for ward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of autho rization are as follows: ________________________________ eVerify Number _________________________________ Date of Authorization Engineering303, LLC Name of Subcontractor Thompson Road/Cedar Park Stormwater Improvement Project Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:______________________ HOME OF ' FSTAtiLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 29, 2014 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for City Hall Renovations MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (j NO CITY ATTORNEY REVIEW REQUIRED: YES (j NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR pbOZ�� REMARKS ® YouQ PHONE: 678.242.2500 1 FAX: 678.242.2499:.. Green "� ;Certified * 1op 191 info@cityofmiltongo.us I www.cityofmilfonga.us Community Qh;,i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a< To: Honorable Mayor and City Council Members From: Carter Lucas, PE Date: Submitted on May 29, 2014 for the June 2, 2014 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at City Hall ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Currently the CID Division of the Police Department operates out of Fire Station 43. This renovation work will allow the Police Department to transfer all personnel to City Hall and operate out of one facility. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund for the City Hall Renovations. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 5/6/2014 . Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement between the City of Milton and Prime Contractors, Inc. HO VF 0F' MILT c) N'� �.rrneiisI an 10M CONSTRUCTION SERVICES AGREEMENT FOR City HaII Renovations This Agreement (the "Agreement") to provide sidewalk improvements is made and entered into this _ day of , 2014, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City") and, Prime Contractors, Inc., a Georgia corporation with its principal place of business located at 3406 Florence Circle, Powder Springs, Georgia 30127 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, O.C.G.A. 36-69A-4 allows cities to participate in cooperative purchasing agreements; and WHEREAS, the ezIQC process offers on-call facility repair and construction services under a statewide contract SWC908I8; and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local Iaws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section, 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Exhibit "A" [RESERVED]; C. Bid from Contractor dated March I, 2014 (14 Pages), attached hereto as Exhibit 64B17; OO , D. Exhibit "C" [RESERVED]; E. Exhibit "D" [RESERVED], F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E'; G. Subcontractor Affidavit, attached hereto as Exhibit "F' ; H. Plans and specifications, attached hereto collectively as Exhibit "G", I. Final Affidavit, attached hereto as Exhibit "H", J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of the remodeling of City Hall based on the drawing and Scope of Work provided in Exhibit G. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on Contractor agrees to complete the Project within 45 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 2 Section 5 Contractor's Compensation: Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $38,993.36 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-I4-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (I0%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D, Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shaII be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materialIy increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and 4 professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor wil l give written notice immediately to the City. E. Citv's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is Iimited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City wilI not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Branson Washington shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be Iimited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor 0 Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services wiII be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of aII such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to al low any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the Iimited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: 7 (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including Ioss of use resulting there from. (c) Professional Liability of $I,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability Iimits of $ I,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liabilitv Covera e. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the Iimits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross Iiability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shaII include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. 9 (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of aII required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is Iater. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on aII policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will 10 perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. if a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and ll delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees. 100 or more employees_ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. 12 {3} Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. 13 S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meet' The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section S Covenants of the City A. Right of Entry_ The City shall provide for right of entry for Contractor and al l necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Carter Lucas shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final 14 Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. if the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto 15 with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together steal l constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Prime Contractors, Inc., 3406 Florence Circle, Powder Springs, Georgia 30127 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with 16 respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headines. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 1. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] MM Prime tract rs, Inc. Signatu Jame Dunn Print Name President Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In th Bence of: /YMP24 Witness {Corpo to ecretary should attest} Nancy Dunn Print %arae SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor is [CITY SEAL] P 9soti ]Votary Publica9� -Itla �lz f Oj EXP'RES [NOTARY SEAL] GEORGIA My Commission Expires: �= DEC. 1. 205 IF ars'40 SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor is [CITY SEAL] z HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Approval of Revisions to the Personnel Policy Handbook to Clarify the Sick Leave Usage Policy. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES ONO CITY ATTORNEY REVIEW REQUIRED: 0,YES () NO APPROVAL BY CITY ATTORNEY VAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: 0&0 7-14 REMARKS ©Your*** *Cxrcifled't rop loo PHONE: 678.242.2500 I FAX: 678.242.2499i cr+or infoftityofmiltonga.us I www.cityofmiltonga.us Community Uht 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on 5/22/14 for the 6/2/14 Regular Council Meeting Agenda Item: Approval of Revisions to the Personnel Policy Handbook to Clarify the Sick Leave Usage Policy. ____________________________________________________________________________ Department Recommendation: Adopt the following revisions in Section 4: Sick Leave within the Personnel Policy Handbook which clarify sick leave usage and accruals. Executive Summary: The City has had a practice of allowing employees to carry a small negative balance of sick leave immediately following an illness, injury or surgery. Adding bullet 4 below will clarify the policy and discontinue this practice. From page 13 of the Compensation and Benefits Chapter. Section 4: Sick Leave (a) Eligibility It is the policy of the City to provide sick leave with pay for eligible employees. Sick leave is a privilege and may be used only when an employee or member of an employee’s family is incapacitated due to personal illness or injury or has a medical/dental appointment. 1. Regular full-time, police and fire shift employees, and regular part-time employees are deemed eligible employees for sick leave purposes; 2. Eligible employees while on authorized paid sick leave will continue to accrue vacation leave hours; 3. Eligible employees can take leave immediately once hours have been accrued and approved by department management; 4. No employee will be allowed to carry a negative sick leave balance. An employee, whose sick leave balance is insufficient to cover absences may utilize any other accrued leave before requesting leave without pay or take the time without pay. 5. Pay for sick leave shall be at the employee’s regular rate of pay in effect for the employee’s regular job on the pay date immediately proceeding the employee’s sick leave period. Funding and Fiscal Impact: None. Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis 5/22/2014. Concurrent Review: Chris Lagerbloom, City Manager HOME OF ' lip ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Approval of an Intergovernmental Agreement Concerning the Georgia Crime Information Center (GCIC) Criminal Justice Information System Service Agreement between the City of Alpharetta, Georgia and the City of Milton, Georgia. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. YAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 9 YES O NO CITY ATTORNEY REVIEW REQUIRED: fk YES {) NO APPROVAL BY CITY ATTORNEY XAPPROVED PLACED ON AGENDA FOR: REMARKS () NOT APPROVED ©VYouljm _.- PHONE: 678.242.25001 FAX: 678.242.2499 ►,�:„ JGCeen * Ceaified * TOp 100 infofcityofmiitonga.us I www.cltyofrnIffonga.us ""'� Community _ Ery 13000 Deerfield Parkway, Suite 107 Miltcn GA 30004 'tea` To: Honorable Mayor and City Council Members From: Deborah Harrell, Police Chief Date: Submitted on May 22, 2014 for the June 2, 2014 Regular Council Meeting Consent Agenda Agenda Item: Approval of an Intergovernmental Agreement Concerning the Georgia Crime Information Center (GCIC) Criminal Justice Information System Service Agreement Between The City of Alpharetta, Georgia and the City of Milton, Georgia ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This IGA was last executed in early 2010. During the agency's most recent audit by the GBI the auditor recommended we change the title of the IGA to "Service Agreement". Discussion This IGA was last executed in early 2010. At our most recent audit by GCIC the auditor recommended we change the title of the IGA to "Service Agreement". No other changes were recommended. Funding and Fiscal Impact: There will be no change in funding for this IGA as the Milton Police Department is already budgeted for the services outlined in the agreement. Alternatives: Not signing this MOU may jeopardize our ability to maintain use of the GCIC system. Legal Review: Paul Higbee – Jarrard & Davis (May 21, 2014) Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Intergovernmental Agreement Concerning the Georgia Crime Information Center (GCIC) Criminal Justice Information System Service Agreement Between The City of Alpharetta, Georgia and the City of Milton, Georgia Page 1 of 3 INTERGOVERNMENTAL AGREEMENT CONCERNING THE GEORGIA CRIME INFORMATION CENTER (GCIC) CRIMINAL JUSTICE INFORMATION SYSTEM SERVICE AGREEMENT BETWEEN THE CITY OF ALPHARETTA, GEORGIA AND THE CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT, by and between the City of Alpharetta, Georgia ("Alpharetta") and the City of Milton, Georgia ("Milton") entered into this _______ day of _______, 2014. Georgia Crime Information Center (GCIC) Crimin al Justice Information System Service Agreement This Agreement between the Milton Police Department and the Alpharetta Department of Public Safety formally establishes the requirements for requesting criminal history record information (CHRI) and other information available via Georgia's Criminal Justice Information System network (CJIS), the National Law Enforcement Telecommunications System (NLETS), or the National Crime Information System (NCIC). It establishes how record entries, modifications, supplemental record entries, record locates, clearances and cancellations will be accomplished. It also establishes individual agency responsibilities for confirming all requests for "HIT" confir mations and validating record entries. Requesting Criminal History Record Information In accordance with federal regulations, NCIC policy and the Alpharetta Department of Public Safety User's Agreement, all requests for CHRI are made using a criminal justice agency Originating Agency Identifier (ORI). When a criminal justice agency requests CHRI for the administration of criminal justice (PUR/ C), that agency shall provide a warrant number, case number, citation number, "EF" number, arrest/booking number, system record number, docket number or other significant number leading to the case file or investigation. Failure to provide such a required number shall result in denial of the request and notification to the GCIC Chief of Staff of a potential violation of O.C.G.A. §16-9-90. When a criminal justice agency requests CHRI for criminal justice employment (PUR/J) or other authorized purposes (PUR/E, M, N, W), that agency shall provide a copy of the fingerprint card or the signed consent form. Failure to provide either document shall result in the denial of the request and notification to the GCIC Chief of Staff of a potential violation of O.C.G.A. §16-9-90. Req uesting Vehicle Registration/Title, Driver History and Other Information via the CJIS Network, NLETS or NCIC All requests for information received over the law enforcement radio network(s) monitored by Alpha retta Department of Public Safety shall be honored and the requested information shall be provided as soon as possible. If the requesting officer, prior to the end of the shift on which it was requested, does not claim hard copies of the terminal printouts, the printouts shall be shredded. Telephonic requests shall be honored if the operator can identify the person making the request. If the operator is unsure of the requester, the operator shall ask the requester to provide their agency's ORI then telephone that agency to ensure the requester is authorized to receive said information. If the person is authorized to receive the information, the operator shall make the request using the ORI of the Milton Police Department. If the person is not authorized to receive the information, the operator will not request the information and will notify his or her supervisor. The supervisor shall be responsible for notifying the GCIC Chief of Staff of a potential security violation. Making Record Entries, Modifications and Supplemental Record Entries The ORI of the Milton Police Department shall be used to make all requested record entries when it receives a warrant or a complete incident report from the Milton Police Department. The only exception to this requirement is when the Milton Police Department requests the entry of a missing juvenile, a fleeing felon, fe lony vehicle or a missing Page 2 of 3 ALZHEIMER'S afflicted adult. Requests for these types of entries shall be accepted telephonically. Supporting documentation shall be faxed or delivered as soon as it is available. If the supporting documentation is not received within 48 hours, the record entry(s) shall be canceled. The Alpharetta Department of Public Safety shall use the warrant or complete incident report to code the GCIC/NCIC worksheet prior to entering the record. The Alpharetta Department of Public Safety for wanted and missing person record entries shall inquire against the GCIC and NCIC criminal history files (using the ORI of the Milton Police Department). The Milton Police Department shall indicate the limits of extradition and charge type on the face of the warrant. All additional personal descriptors shal l be added to the GCIC/NCIC worksheet and included in the record entry or added to the record entry using the Supplemental Record Entry format. When all available information has been added to the record entry, an inquiry shall be made against the record entry. Another person in the Alpharetta Depa rtment of P ublic Safety shall check the inquiry response for completeness and accuracy. The original terminal printouts shall be retained in the files of the Alpharetta Department of Public Safety. Requests for Modifying, Clearing and Canceling Record Entries When the Milton Police Department requests that a record entry be modified, cleared or canceled it must provide a supplemental report to the Alpharetta Department of Public Safety. The record will only be modified, cleared or canceled when the supplemental report has been received. The original terminal printouts shall be retained in the files of the Alpharetta Departm ent of Public Safety. Requesting H I T Confirmation When the Alpharetta Department of Public Safety receives a "HIT" on a record inquired upon as the result of a request from the Milton Police Department, a request for "HIT" confirmation message (YQ format) shall be sent. The Milton Police Department must inform the Alpharetta Department of Public Safety if the request is PRIORITY (10 minute response] or ROUTINE (one hour response). As soon as this information is received, the request for "HIT" confirmation shall be transmitted using the ORI of the Milton Police Department. As soon as the response to the request for "HIT" confirmation is received, it shall be transmitted to the officer. Responding to Requests for "HIT" Confirmation When the Alpharetta Department of Public Safety receives a request for "HIT" confirmation, the on-duty operator shall locate the active file and compare all data elements against the data in the YQ message. If all data elements match, the Alpharetta Department of Public Safety shall respond to the YQ message using a YR message entered using the ORI of the Milton Police Department and confirm that the record inquired on is a valid record entry based upon the records maintained by the Alpharetta Department of Public Safety. The Milton Police Department shall be notified that the Alpharetta Department of Public Safety has confirmed a "HIT" on one of its record entries. If a Locate Message is received, the Alpharetta Department of Public Safety shall place a detainer or clear the entry using the Milton Police Department’s ORI. If no Locate Message is received within one hour, the Alpharetta Department of Public Safety shall send a Failure to Locate Message to GCIC’s ICDC and the agency that fai led to “Locate” the record entry after it was confirmed. The Alpharetta Department of Public Safety using the Milton Police Department’s ORI shall “Clear” the record entry. The original terminal printouts shall be retained in the files of the Alpharetta Department of Public Safety. Validation of Record Entries All record entries are to be validated 90 days after entry; and, then every 12 months in accordance with the file retention schedu le established by NCIC. It is the excl usive responsibility of the Milton Police Department to validate all record entries made on its behalf by the Alph aretta Department of Public Safety, in accordance with the validation steps established by GCIC and NCIC. Compensation and Consideration Page 3 of 3 For requesting criminal history record information (CHRI) and other information available via Georgia's Criminal Justice Information System network (CJIS), the National Law Enforcement Telecommunications System (NLETS), or the National Crime Information System (NCIC) pursuant to this agreement, the City of Milton shall pay to the City of Alpharetta $1,521 per month, which equates to $18,252 annually, the sum shall be remitted to the City of Alpharetta on or before the 5th calendar day of each month of the term. This figure is based on the initial estimated use of two (2) operator hours per day. The Cities agree that the amount of compensation shall be reconciled annually based on the costs incurred by the City of Alpharetta during the prior fiscal year. The City of Alpharetta will be available pursuant to this Agreement to provide service to the City of Milton twenty four hours a day, seven days a week, three-hundred and sixty five days per year. Additionally, the City of Milton shall provide to the City of Alpharetta the equipment needed to access the CHRI system on its behalf and storage cabinets for all City of Milton records. This amount will be paid in full each month and represents the direct and indirect costs of all services provided by the Alpharetta Department of Public Safety for services described in this agreement. This agreement is effective upon signing by the agency chief executives. Signatures of other employees are not valid. This agreement can be terminated with 90 days notice by either the Alpharetta Department of Public Safety or the Milton Police Department. In t he event of cancellation, GCIC will be notified and all record entries shall be canceled. This agreement also includes the Rules of the GCIC Council, O.C.G.A. §16-9-90, the Georgia Computer Crime Protection Act, as amended, and the GCIC Policy and Operations Manuals. IN WITNESS WHEREOF, the parties have executed this agreement as of the date set forth below: Record Holding Agency Head Law Enforcement Agency Head _________________________________ ______________________________________ Signature/Title Signature/Title _________________________________ ______________________________________ Printed Name Printed Name _________________________________ ______________________________________ Date Date _________________________________ ______________________________________ Mayor – City of Alpharetta City Clerk – City of Alpharetta Approved As to From: _________________________________ ______________________________________ City Attorney – City of Alpharetta City Administrator – City of Alpharetta _________________________________ ______________________________________ Mayor – City of Milton City Clerk – City of Milton Approved As to From: _________________________________ ______________________________________ City Attorney – City of Milton City Administrator – City of Milton HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and North Fulton Express, LLC for Fleet Vehicle Maintenance and Repairs. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �L PPROVED CITY ATTORNEY APPROVAL REQUIRED. YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS (.APPROVED Qloo21 Ll () NOT APPROVED () NO () NO () NOT APPROVED ® f,h Your *** PHONE: 678.242.2500 j FAX: 678.242.2494 "Green V ; Cettif.d info@cityofmiltongo.us I www.cityofmiltonga.us ""a Community ,,v -r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 � Page 1 of 2 To: Honorable Mayor and City Council Members From: Matt Marietta Date: Submitted on May 22, 2014 for the June 2, 2014 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and North Fulton Express, LLC for Fleet Vehicle Maintenance and Repairs ____________________________________________________________________________ Department Recommendation: Approve the contract with North Fulton Express, LLC (D.B.A. Express Oil Change) for fleet maintenance for city-owned vehicles. Executive Summary: The City of Milton has no maintenance facilities for the fleet of police, fire, and general administrative vehicles. After a thorough Request for Proposal and vetting process (13-CM02), North Fulton Express, LLC (hereinafter “Express Oil Change”) were settled on as one of Milton’s providers, specifically for oil changes, routine maintenance, and other minor services. This contract establishes a contractual relationship with Express Oil Change that aligns with the calendar year and carries a three year renewal with the contracted terms. This contract will not involve fire apparatus which are serviced by a specialty vendor. Funding and Fiscal Impact: The funding for this project is anticipated in the City of Milton’s annual budget as the already established vehicle maintenance line item(s) in each departments’ portion of the budget. As such, this contract in and of itself represents no additional financial expense beyond what has already been budgeted. Alternatives: There are no reasonable alternatives for a city Milton’s size. Legal Review: Paul Higbee, Jarrard and Davis, LLC. Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Stacey Inglis, Assistant City Manager Rick Pearce, Purchasing Manager Attachment(s): Agreement for Vehicle Maintenance and Repairs .r1 AGREEMENT FOR VEHICLE MA�IVTENANCE AND REPAIRS THIS AGREEMENT is effective as of this !/day of t- 201 1 by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council of the City of Milton ("City"), and Express Oil Change, L.L.C. (Delazoare)("Contractor"), collectively referred to as the "Parties." WITNESSETH THAT: WHEREAS, the City desires to retain Contractor to provide certain services generally described as maintenance and repair of City of Milton vehicles (the 'Work"); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to per form the Work contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Contractor desires to per form the Y%Iork under the terms and conditions set forth in this Agreement, and WHEREAS, the public interest will be served by this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public: purposes, and tlhe acknowledgements and agreements contained herein, together With other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as f01107VS: I. SCOPE OF SERVICES AND TERMINATION DATE A. Proect Description This Agreement, which is non-exc hisive, is far the maintenance and repair of City of Milton Department vehicle.-. B. The Work The Work to be completed under this Agreement (the "Work") shall consist of the vehicle maintenance items listed on Exhibit "A," attached hereto and incorporated herein by reference. 1* Page 1 C. Schedule, Completion bate, and Terrn oAgreement Contractor warrants and represents that it will perform its services in a prompt and timely maturer, which shall not impose delays on the progress of the Work. This Agreement shall commence as of the date first written above, and the Work shall terminate without renewal three (3) years after the date of execution. Because the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January I of each subsequent calendar year absent the City's provision of written notice of cion -renewal to Contractor at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until frilly paid for by the City. II. WORK CHANGES A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting fiom the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specifij the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City and Express Oil Change shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. III. COMPENSATION AND METHOD OF PAYMENT Contractor shall be paid fees for services in accordance with the Vehicle Maintenance Price Schedule in Exhibit "A," provided that Contractor may increase such fees commensurate with increases in the cost actually incurred by Contractor for related goods supplied to the City upon the City and the Contractor mutually agreeing in writing to any such increase in price before charges are incurred. In addition to the services described in Exhibit "A," the City fi•om time to time may request that Contractor peiform services not described in Exhibit "A," and the compensation paid by the City to Contractor for such services shall be at the rate of $70.00 per hour, plus manufacturer's costs actually incurred by Contractor (including a ten percent uplift) for any goods provided to the City by Contractor in association with such services. City agrees to pay the Contractor for City approved services performed and costs incurred by Contractor upon cert cation by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. Compensation for services pet formed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth fit detail the services performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Any material deviations in tests or inspections pei formed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated Page 2 to the City before charges are incurred and shall be handle through change orders as described in Section II above. The City shall pay the Contractor within thirty (30) days after approval of the invoice by City staff. No payments Will be made for unauthorized znoik. Invoices should be submitted monthly to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval. Payment will be sent to the designated address by U. S. Mail only, payment will not be hand -delivered. IV. COVENANTS OF CONTRACTOR A. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. B. BudgetaM Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established Without disregarding sound principals of Contractor's profession and industry, Contractor will give Written notice immediately to the City. C. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's services peiformed under this Agreement. The Contractor acknowledges and agrees that the acceptance of designs, plans, and specifications by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for pea forming services under this Agreement in accordance with sound and accepted professional and industry principals. D. Contractor's Reliance of Subinissions by the City Contractor must have timely information and itiput from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. Page 3 E. Contractor's Representative Adam Fuller_ shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. F. Assig#onent of—Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate or subcontract any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely respon-sible for reimbursing thein and the City shall have no obligation to thein. G. Responsibilitijof Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it ort account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnihj and hold harmless the City, its officers, boards, coininissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense, (hereinafter "Liabilities") which may be the result of willfid, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for 7t7hose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the Cihy or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Cihf or City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workinen's compensation acts, disability benefit acts or other employee benefit acts. 71ris obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the elainis are based upon or arise out of actions that occurred during the performance of this Agreement. H. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to per form the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for- its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies andlor materials necessary to complete the services, hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other Page 4 regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. I. Insurance (1) Requirements: Tire Contractor shall have and maintain in fidl force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in waiting by the Cita Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liabilihj of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liabilityr and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as im cured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the i i i i Page 5 _ Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (z') Coverage shall be provided oil a "pay on behalf basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from Work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Page 6 Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorserrients for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Tine certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination orfinal payment under the Agreement, whichever is later. (9) Cita as Additional Insured and Loss Payee: The City shall be tanned as an additional insured and loss payee on all policies required by this Agreement. Einplojgnent of Unatctliorized Aliens Prohibited: E- Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical per forinance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalhj of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E-Verrfty") program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verifiy program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed; or Page 7 (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B" and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from ally subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Consultant is required to provide an a)Ijidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the CIhj, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Mere a Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Consultant's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Consultand shall be liable for all damages and delays occasioned by the City thereby. Consultant agrees that the employee -number category designated below is applicable to the Consultant. (Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or wore employees. _X 100 or more employees. Fewer than 100 employees. i t Page 8 Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection With this Agreement and inhere the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. K. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance With requirements prescribed by the City With respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts fi-om such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. L. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City ofMilton Ethics Ordinance. M. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Page 9 Contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. N. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perforin the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. O. Subcontractors Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. P. Authority to Contract The Contractor covenants and declares that it las obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Q. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, Work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to fir11 access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. Tire Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its 01011 expense. Any and all copyrightable subject matter in all materials is Hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. R. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects inn materials, equipment, or workmanship appearing within one year from the date of Work. S. Nondiscrimination Page 10 In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during pet formance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section TV(R) in every subcontract for services contemplated under this Agreement V. COVENANTS OF THE CITY A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment to the applicable City facilities, in order for Contractor to complete the Work. B. City's Representative Officer Scott Mulvey shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative VI. TERMINATION A. Either party may terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. B. Upon termination, City shall provide for payment to the Contractor for services rendered and expciises incurred prior to the termination date. C. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise, and (2) promptly deliver to the City all vehicles, data, drazoings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. D. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. NO PERSONAL LIABILITY No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under- the terms of this Agreement. Likewise, Contractor's pei forrnance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Page 11 VIII. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in uniting, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. IX. SUCCESSORS AND ASSIGNS Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. X. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. XI. CAPTIONS AND SEVERABILITY The captions or headiiotes on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed and the remainder of this Agreement shall remain in full force and effect to the extent possible. XII. NOTICES A. Cornmrinications Relating to Daili�Activities All communications relating to the day-to-day activities of the Work shall be exchanged between Officer Scott Mulvey for the City and _Chris Gray_ for the Contractor. B. Official Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnislied to the other Parties by written notice in accordance herewith: N07ICE TO THE CITY shad be sent to: p2ge 12 City of Milton 13000 Deerfield Parkway, Suite 1078 Milton, Georgia 30004 NOTICE TO THE CONTRACTOR shall be sent to: North Fulton Express, LLC 1418 Dresden Dr Suite 220 Atlanta, GA 30319 XIII. WAIVER OFAGREEMENT No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the Cihy at variance with the terms and condition -s of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. XIV. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. XV. FORCE MAJEURE Neither the City nor Contractor shall be liable for their- respective non -negligent or non -will failure to per form or shall be deemed in default with respect to the failure to per form (or cure a failure to per form) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control, (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the perforinance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor, (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the tune for performance shall be extended by an amount of tune equal to the period of delay caused by such acts and all other obligations shall remain intact. XVI. NO THIRD PARTY RIGHTS This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. [INSERT CONTRACTOR NAME]. %I t ' ; rage 13 _North Fulton Express, LLC By: [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of `\�►►11{II WitnX. q j4` 0\%8n gay No ryP P Z>8 3� (NOTARY SEAL) �;:�nr s��° ` ,'..Olss' Mi Corn n}'s_ ' n Ex i 'es: �'�d A 0\ My J �11i1►►�z SIGNED, SEALED, AND DELIVERED in the presence o W 9%14646(-71 i s4646(-71 Notary Public [NOTARY SEALI My Co nmissiora spires: \►►►► i i ijjj� PFq QG40 ��,�ssioNF�A' •� moo 0 o ♦��'ce'9Up y5y2�°°���, • R CITY OF MILTON By: OG lTjDo Its: Co04 P��ssiokF�A aoT s� Y �9H 0 .z ti -Page 14 Exhibit A 13-CM02a Police—City Vehicle W express oil. pdf Page 15 HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON, ESTABLISHED 2006 RFP Number: RFP Title: 13-CMO2a FY13 Police/City Vehicle Maintenance Services (re -issue) Due Date and Time: 13000 Deerfield Pkwy, Suite 107G June 20th, 2013 Number of Pages: 41 Local Time: 2:00pin Office ISSUING DEPARTMENT INFORMATION Issue Date: May 20th, 2013 City of Milton Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.citvofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: Authorized Offeror Signatory: (Please print name and sign in ink) RFP Number: 13-CM02a City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Special Instructions: Office Deadline for Written Questions 13000 Deerfield Pkwy June 6th, 2013 Suite 107G Email questions to Rick Pearce at Milton, Ga. 30004 rick.pearce(iz�cityofmiltong_a.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Business Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SBEET WITH RFP RESPONSE You • -Green_-� PHONE: 678.242.2500 FAX: 678.242.2499 ® *Cettified infoftityofmiltonga.us I www.cltyofmiltonga.us Community $ B,thi f 13000 Deerfield Parkway, Suite 107 (Milton GA 30004 CERTIFIED BRONZE - X7 2 1 RFP 13-CM02a TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 13-CM02a OFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the City's website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the City websiteat http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with offeror's Response 4 1 RFP 13-CM02a HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M I LTONI ESTABLISHED 2oo6 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this fonn and return as part of your RFP package when it is submitted. Name of offeror Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 13-CM02a HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON'k ESTABLISHED 2006 RFP# 13-CM02a PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - FYI Police/City Vehicle Maintenance Services (re -issue). It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date 6 1 RFP 13-CM02a SCHEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites RFP DUE City of Milton Rick Pearce 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 DATE May 20th, 2013 5 PM on June 6th, 2013 on or about June 11th, 2013 No Later than 2 PM on June 20th, 2013 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 7 1 RFP 13-CM02a SECTION l: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT **The City of Milton is re -issuing the Police/City Vehicle Maintenance Services RFP. If you submitted a proposal for the original RFP (13-CM02), you do not have to resubmit. The city will evaluate your original submittal as your offer. However, anyone meeting the requirements can respond to 13-CM02a. The only difference between 13-CM02 and 13- CM02a, excluding the schedule of events, is the following: "The awarded contractor must be located within four (4) Miles of City Hall located 13000 Deerfield Parkway, Milton GA 30004"** The City of Milton is accepting sealed Proposals from independent contractors with demonstrated professional competence and experience to provide for the fleet vehicle maintenance services as specified in the scope of services (Section 3). The awarded contractor must be located within four (4) Miles of City Hall located 13000 Deerfield Parkway, Milton GA 30004 and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. The City of Milton may and prefers to award multiple non-exclusive contracts. However; The City reserves the right to award the RFP to one Contractor if needed. The City desires a 3 year agreement which is renewed yearly. A list of existing city vehicles are attached herein as examples only. The number, make/model and composition may change without prior notice. The selection will be based on overall price, services, performance and reliability of the proposers. It is the intent to award this RFP to "Full Service Providers". The City reserves the right to award a specific service (i.e. Tires) to an offeror if it is in the best interest of the City. The City's needs are outlined in the following Request for Proposal ("RFP"). All offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rick.pearce@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 8 1 RFP 13-CM02a B. Form of Questions, Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on June 6th, 2013. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about June 1 lth, 2013. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING A PROPOSAL A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: 9 1 RFP 13-CM02a first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Pricing and Hours of operation (See Section 5) 5. References (Any form acceptable) 6. Subcontractors list(Any form acceptable) 7. Proof of certification for Mechanics (Any form acceptable) 8. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, June 20th, 2013. City of Milton Rick Pearce 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 Emailed or faxed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 DUs. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in 10 1 RFP 13-CM02a submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Properly. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost- effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the 11 1 RFP 13-CM02a proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discuss ion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. 12 1 RFP 13-CM02a After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror(s) who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 13 1 RFP 13-CM02a I . Cancel or terminate this RFP at any time, 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 14 1 RFP 13-CM02a SECTION 3: SCOPE OF PROJECT Vehicles to be serviced (Subject to Change): Year Make Model Police 2012 Ford Explorer 2007 Ford P71 Crown Victoria - Blue 2007 Ford P71 Crown Victoria - Silver 2007 Ford P71 Crown Victoria - Charcoal 2011 Ford Ford Fusion 2007 Ford 119 Expedition XLT 4x2 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2009 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Chevrolet Tahoe 2007 Ford P71 Crown Victoria - Black 2008 Ford Crown Victoria - Black 2010 Ford Explorer 2010 Ford Explorer 2010 Ford Police Interceptor 4DR 2010 Ford Police Interceptor 4DR 2011 Ford Crown Victoria - Black 2011 Ford Crown Victoria - Black 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 15 1 RFP 13-CM02a 2013 Ford Taurus SD Other 2007 Ford 119 Expedition XLT 4x2 2008 Ford Explorer 2012 Ford Expedition 2007 Ford F250 2010 Ford F150 2007 Ford Police Interceptor 4DR 2010 Ford F250 2010 Ford F250 2010 Ford Explorer 2008 Ford Ranger 2007 Ford Fusion 2007 Ford Ranger 2010 Ford Ranger 2007 Ford Police Interceptor Service requirements include but not limited to the following_ Regular Oil change Synthetic oil change Transmission flushes Coolant Flush Transmission replacement Tune Up (wires, plugs) Fuel rail Air filter Mass air flow sensor Abs Module Radiator Replacement Goodyear Eagle RS -A 245-55-R18 Firestone Pursuit 235-55-R17 Front Control Arm Shocks and Struts Battery Replacement Misc. Bulbs (headlights, taillights, blinkers) Windshield wipers Brakes Rotors Ac Fan motor Ac Flush 16 1 RFP 13-CM02a All -wheel drive System Alternator Coolant Fan 100,000 mile service Time requirements below are from arrival to departure (Priority Service) Oil changes 25 minutes or less. Tires installed, balanced and aliened 45 minutes or less. All lights checked on every service call (except light bar/emergency lights) and repaired. Transmission flush completed in 45 minutes or less. All other services "as soon as possible". 17 1 RFP 13-CM02a SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 18 1 RFP 13-CM02a SECTION 5: COST PROPOSAL AND HOURS OF OPERATION HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTONlilk ESTABLISHED 2006 MUST BE RETURNED WITH BID 13-CM02a The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder. The quantities listed below are estimates. The actual price will be the actual quantities multiplied by the "fixed cost per unit" listed below plus any hourly service requirements. Please fill out the "Fixed Cost Per unit" column below and return with proposal. (See attached Schedule) 19 1 RFP 13-CM02a In addition to the above services, Please fill out the following rate per hour schedule for services not covered above: Business hours rate $ After hours rate Service requirements Estimated Yearly Quantity Fixed Cost per unit Total Regular Oil change < 25 minutes 120 Synthetic oil change < 25 minutes 40 Transmission flushes 50 Coolant Flush 30 Transmission replacement 8 Tune Up (wires,plugs) 60 Fuel rail 15 Airfilter 50 Mass airflow sensor 12 Abs Module 12 Radiator Replacement 14 Goodyear Eagle RS -A 245-55-1118 <45 minutes per set 80 Firestone Pursuit 235-55-1117 <45 minutes per set 80 Front Control Arm 5 Shocks and Struts 10 Battery Replacement 20 Bulbs Headlight 25 Bulbs taillights 50 Bulbs blinkers 50 Windshield wipers 80 Brakes 50 Rotors 10 Ac Fan motor 10 Ac Flush 10 All wheel drive System 10 Alternator 10 Coolant Fan 10 100,000 mile service 35 Grand Total In addition to the above services, Please fill out the following rate per hour schedule for services not covered above: Business hours rate $ After hours rate 20 1 RFP 13-CM02a Please describe your hours of operation and how it meets our priority service requirements: Company Name Authorized Signature Print/Type Name Print/Type Title Date 21 1 RFP 13-CM02a SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the criteria listed below. Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Positive or negative City of Milton experiences are part of the evaluation. Lack of service experience with the City is not a detriment to the evaluation as long as positive references and experiences can be produced. The City reserves the right to test service at any vender shop for evaluation purposes. Location evaluation is determined by proximity to City Hall. The City may request short-listed proposers to meet with City Staff for evaluation purposes. Proposal Evaluation Criteria • Ability, Location, Hours of Operation, References, Services experience, Performance reliability, and City of Milton experience (if any) 50% • Price (Section 5.0) 50% 22 1 RFP 13-CM02a SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract Ianguage contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 23 1 RFP 13-CM02a 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. CITY OF MILTON REQUEST FOR PROPOSALS 4_._� (THIS IS' NOT AN ORDER) I2.1P Number;� RSP Titic:_._._.............._..-..,....�..._�..�..,m._......_...__...,...-_�..�..�...� 13-CM02 F'Y13 Police/Cite Vehicle Maintenance Services Due Date and Time: April 4th, 2013 Number of Pales: Jtl Local Time: 2:t30pm ISSUING DEPARTMENT 1T*IE'ORMATIONN Issue Date: March 4th, 2013 City of IN`lilton i Phone: 678-242-2500 13000 Deerfield PkNNv, Suite 107E Fax: 678-242-24" Milton. Ga. 3000€ ' Website t , , 1NS"1'iZt �C 1'lONS fO OIFER016 Return Proposal to: Mark, Face of EnvelopelPackage: RFP Number: 13-C14T02 City of Milton j Name of Company or Firm Attn: Click Pearce, Purchasing f Special Instructions: Ot icr 1 Deadline for Written Questions 13000 Deerfield Pkw-, March 18th, 2€313 Suite 1©7G Email questions to Rick Puree at Milton, Ga, 311004 � rick_pearcer&,cit4,ofmilton.H.us 1MPORT1NT: SEE STA DAITERMS AND CON 17i'1'1OT+;S i OZ'FERORS MC 51' COI"VI-'LETS TILE FOLL0-4,1'N', 3 Offeror Narver"fiusiness Address: t� f A uthorized Offeror Sic natory: lLY-ire- Uac: (Plz4aas Franin ne an s n in ink-) Offeror Phone Nu-iob r_: Offeror FAX Number: t 11'eror Federal I.D_ Number-, j C)fLror f --mail Address: s q YOH. * •� PHONE:,-.; 2d"t-7`�JC j f1tX:. wa K intra^cityofmiHonc�.usj�vww.c�iyafmiltgnga.vs 1°i j °:100,' c?erht.it? ParFVV43V, ail:ic "107 1 MRIOn CA ?viz 4 y1�84yy 18 1 R FP , v-C!vliv,_`. In addition to the above services, Please fill out the following rate per hour schedule for services not covered above: Business hours rate $ ID .— After hours rate $ :Z cL� c•-c_h� C� k_c.Ltikz� bac= c� c t�c�he C� Service requirements Estimated Yearly Quantity Fixed Cost per unit Total Regular Oil change <25 minutes 120 Is�(t Synthetic oil change <25 minutes 40 -1 Transmission flushes 50 p Coolant Flush 30 • Transmission replacement` 8Ago e ?� 00 fj� Tune Up (wires,plugs) 60 Fuel rail 15 4 Airfilter 50 Zj D'O() Mass air flow sensor L �' 12 + •2- (,14 Abs Module 12 4 �60b t Radiator Replacement 14 -• 2- I t+ Goodyear Eagle RS -A 245-55-R18 <45 minutes per set 80 Firestone Pursuit 235-55-1117 <45 minutes per set 80 ' - Front Control Arm r, v 'i ' _ 5 _0c`� 0,4 e �t Shocks and Struts c.10 ,V : kv Z -09M+ Battery Replacement 20 ), Bulbs Headlight 25 Zr Bulbs taillights 50 Bulbs blinkers 50 (p p Windshield wipers 80 Brakes 50 Rotors F 10 Ac Fan motor 10 — W c i -l-_ Ac Flush 10 4 All wheel drive System 10 - p Alternator �, , 10 - Coolant Fan L t 10 pct} 100,000 mile service 35 fit+ Grand Total r In addition to the above services, Please fill out the following rate per hour schedule for services not covered above: Business hours rate $ ID .— After hours rate $ :Z cL� c•-c_h� C� k_c.Ltikz� bac= c� c t�c�he C� *Tune Up: Plugs $42-$320 (prices vary by quantity and OE Plug required) Wires $85-$155 (prices vary by quantity and OE Wires required) Coils $76-$147 (prices vary quantity and OE Coils required) *Labor not included *ABS Module: $223-$1000 (prices vary by OE requirements) *Labor not included *Radiator: $250-625 (prices vary by OE requirements) *Labor not included *Front Control Arm: $209-$391 (prices vary by OE requirements) *Labor not included *Shocks and Struts: $70-$209 (prices vary by OE requirements) *Labor not included *Rotors: $78-$230 (prices vary by OE requirements) *Labor not included *AC Fan Motor: $78-$230 (prices vary by OE requirements) *Labor not included *Alternator: $360-$1290 (prices vary by OE requirements) *Labor not included *Transmission: $1000 and up (prices vary by OE requirements, new vs used, and warranty) *Labor not included "Labor guidelines from Mitchell on Demand 19 I [l,,! -P i.3-CA/111-12 Please describe your hours of operation and how it meets our priority service requirements: Sc, -4- 1 ..r- � t" 7•t �� 1 } � � (1...�('> (''��� -SCS• (•' \ i l � � 'L. ,2,,.,'M'��'1' ��4-T�('�il'Vy\s � 1.�1t�t rCu1,� _ � t a '\ C Company Name Authorized Signature. Print/Type Name Print/Type Title V O -U VV, Date References City of Alpharetta Police 2566 Old Milton Pkwy Alpharetta, GA 30004 Phone 678-297-6362 Arrow nest Control 600 N. Win 5t Alpharetta, GA 30004 Phone 770-569-5062 ARI Fleet Management 9000 Mis Atlantic Ur. PO Box 789 Mt. Laurel, NJ 08050 Phone 500-227-2273 AUTOMOTIVE EXCELLENCE -7 X -r - 'Wow WAYNE L THACKER MASTER AUTOMOBILE TECHHICiAN FW.'44 RillI -4",Al D*'VT "A N 4hM AZ "fit 14 At "Tt.al r 1-tiv 31 t:1 I -at 41, P, Al 41 r, National Instituta f -v AUTOMOTIVE SERVICE EXCELLENCE ww"ow WAYNE L THACKER f kI I J t'.M_ A fj'V A iq _.'Et LEVEL SPEC.TALI�lr Il Is .. 1. to It to I. Si .* 4. to .. to .. v. %I to 014t7t ldS 0— IF MCLfttf 2414 .-I ktt"V- 440c:011A STATE OF GEORGLk CITY OF MILTON EXHIBIT "B11 CONSULTANT AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: EEV % Basic Pilot Program User Identification Number ri S C BY: Authorized Officer or Age Date [Insert Compan Name] �/�/Uc � 7e, Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Picer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS HE - �` D Y 201y Notd y Public �', �i��gs'oroF •,9C� ®o My CoSion x ire Z;;,�� �,pTq,gy•� G •:.. 'O(/BL\G % Q �O�'egUARY 5 2�•• ®Q000 O "/.'(CO `; fN' — Page 16 STATE OF GEORGIA CM OF MILTON EXHIBIT "C" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Insert Subcontractor Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201_ Notary Public My Commission Expires: Page 17 HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 29, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Dorfman Consulting, LLC for Transfer of Development Rights (TDR) Evaluation Services MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: )� YES O NO CITY ATTORNEY REVIEW REQUIRED: KYES O NO APPROVAL BY CITY ATTORNEY KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: bbo2 ��- REMARKS YOUM *** PHONE: 678.242.25001 FAX: 678.242.2499 naF „G3V66n V; cen+eea ; lop;0) 1nfo@c1tyofm1ltonga.us I www.cityofmiitonga.us Community i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 e To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on May 29, 2014 for the June 2, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Dorfman Consulting, LLC for Transfer of Development Rights (TDR) Evaluation Services ____________________________________________________________________________ Department Recommendation: Approve. Executive Summary: In order to sell some of the TDR’s available to the City as a result of acquisition of property for Bell Park, the City Attorney has determined that an up-to-date determination of the value of these TDR’s be made. Dr. Jeffrey Dorfman, of Dorfman Consulting, LLC, who assisted with determining the original value of these credits as part of the creation of the TDR ordinances for both Crabapple and Deerfield, is able to provide this service. Key tasks to be completed under this contract include: review of undeveloped land values in the City; review of current listing prices for townhouses and condos in City; comparison of the above values to the ideal ration of TDR values; review of commercial land values; and, documentation of all results with supporting tables and guidance on the range of values under which the stated values for selling TDR’s will remain valid. Funding and Fiscal Impact: $4,000. Alternatives: None. Legal Review: Paul Higbee, Jarrard & Davis (May, 2014) Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement between the City of Milton and Dorfman Consulting, LLC PROFESSIONAL SERVICES AGREEMENT TDR Evaluation Services This Agreement made and entered into this 4th day of June, in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Dorfman Consulting, LLC (“Consultant”) having its principle place of business at 1131 Scotland Bend, Watkinsville, GA 300677. WHEREAS, the City of Milton will require certain TDR evaluation services beginning on June 4, 2014; and WHEREAS, the City’s Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit “A,” attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $4,000 (which includes all related travel expenses of Consultant) (the “Contract Price”) without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed b y the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub- consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This o bligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance coverage, at a minimum, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. 4.0 Term; Termination The term of this Agreement shall begin on Wednesday, June 4, 2014 and shall terminate absolutely and without further obligation on the part of the City upon Consultant’s completion of the services described herein, but no later than December 31, 2014. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 5.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 6.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 7.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 8.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 9.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 10.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 11.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 12.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 13.0 E-Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing th is Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Dorfman Consulting, LLC 1131 Scotland Bend Watkinsville, GA 30677 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. CONSULTANT Signature: _________________________________ Jeffrey Dorfman, Member/Manager SIGNED, SEALED, AND DELIVERED in the presence of: ___________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ______________________________________ EXHIBIT "A" TDR Disposition Valuation Scope of Work Dorfman Consulting, LLC 1131 Scotland Bend, Watkinsville GA 30677 706.255.1180 dorfmanconsulting@charter.net To ensure that the value for disposition of City -held TDRs is up the date, the following steps will be taken: 1. Review of undeveloped land values in City if Milton, particularly in the Deerfield and Crabapple areas, along with adjoining cities. 2. Review of current list and recent selling prices for townhouses and condos in the City of Milton. 3. Comparison of these values to the ideal ratio of TDR values to them, to wit: a. TDR cost is ideally around 5% of the value of a bonus residential unit (and definitely under 10%). b. TDR cost should be less than cost of similarly zoned land on a per buildable unit basis. 4. Review of commercial land values to verify the formula for bonus sf of commercial space (FAR). Ideally bonus buildable FAR (in sf) should require TDRs that cost roughly half of the additional land cost that would be incurred without a TDR. 5. All results presented with supporting tables and guidance on the range of values under which the stated values for selling TDRs will remain valid. In particular, past successful TDR programs will be referenced to support the guidance on ranges and percentages mentioned in the above tasks (3) and (4). 14 CERTIFICATE OF LIABILITY INSURANCE DATE(NMlDDM/YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: h the certificate livider is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WANED, subject to the forms and conditions Of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Eau of such endomement(s). PROO"c' Rhett SUtler Crane 2500 Lexington Rd"AX o a a Athens, GA 30605 o L. ti : acott.crane.r8 0 statefarm.corn INSURE 5 AFWRD COVERAGE NAIC Y MISURED J INSURER A:StarP F>rm AA K.-] e.w_�_c:._._ _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREI D SHOD ABOVE OR THE POLICY PERIOD N NUMBER: INDICATED. NOTWITHSTANDING ISSUED ANY REQUIREMENT, TER M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, R TYPE OF INSURANCE PO FF PO LIC P GENERAL UABItfIY POLICY NUM'SER M Ull COMMERCIAL GENERALUAITUTY EACH OCCURRENCE S CLAIMS -MADE F1 OCCUR PRPR A S MED EXP (Any w ) $ PERSONAL 8 AOV III TRY e I ". L AGGREGATE; LIMIT AppUl PER: POLICY P 7 IrQ LOC A AUTOMOBILE LIABILITY ANY AUTO X ALL ED SCHEDULED AUTOS AJT, AUT 8 X UuBRELLALIAR X OCCUR EXCF-Sa l.lA6 _....--- ANO ENIPLOYEft9• uAi j&Y ANY PROPRIETORIPARTNER/EXECUTM YIN OFFICFtWmBER EXCLUDED? ❑ N! VMeEd*«yin NMI 5609280-A21.11H 01/21t20i2 0712112012 "-136-B8fi1-01 /2/07/2011 + 12/07!2012 Personal Liability Umbrella I II DESCRIPTION OF OPERATIOrJB I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additionar Rill Sch tduk, K mon space Is nqulred) -�cn. aL,WtaKECiATE E PROOUCTS.CprdPIOPAGG f S o N IF ­khrZ s BODILY INJURY (Per prson) S 2$0,000 ODDLY INJURY (Per amdent) S R $00,000 �_ggddet) AIS S 100.000 s "EACH OCCUFBtCtipE I:$ 1GGREGATE Is 1.0on nnn E.L. EACH ACCIOEIIT I s E.L DISEASE-EA(;MPLOYE j SHOULD ANY OF THE ABOVE DESCRIED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROViS1ONS AUTHORIZED REPRESENTATIVE ACORD 25 (201 0105) ®1988-20?O ACORD CORPORATION. Afl ri ___ r Tito ACORD name and logo are registered marks of ACORD 9 eserVed. 1001486 132849.6 11-15-2010 EXHIBIT “C” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13 -10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “D” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contr act with ___________________ on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13 -10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ ___________________________ eVerify Number NOTARY PUBLIC _________________________________ [ NOTARY SEAL] Date of Authorization My Commission Expires:________________ City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. HOME OF ' F S TA I3 l IS I i F D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance Accepting the Remised Georgia Municipal Employees Benefit Sytem (GMEBS) Defined Benefit Retirement Plan and General Addendum MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P PPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES ONO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY kAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: a b 02 REMARKS ® Your** PHONE: 678.242.25001 FAX: 678.242.2499 Gi7de � t Certified ; TOp lOQ Infoftityofmiltonga.us I www.cityofmiltonga.us ' Community �h 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on May 28, 2014 for the June 2, 2014 and June 16, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum ____________________________________________________________________________ Department Recommendation: Adopt the attached ordinance and addendum accepting the changes made to the Defined Benefit Retirement Plan Document for City of Milton employees. Executive Summary: The attached ordinance amends our current plan on three key points: 1) Closes the plan to employees hired on or after July 1, 2014; 2) Clarifies the retirement age and service requirements for the City Manager; 3) Changes the actuarial table for retirement before the age of 65 from 5% per year to 3% per year. Funding and Fiscal Impact: Funding requirements for employees in the defined benefit plan will remain unchanged. Changing the actuarial tables is an additional expense of .86% of covered payroll or approximately $57,000 per year. Alternatives: Other council directed action. Legal Review: Megan Martin – Jarrard & Davis, LLP (May 28, 2014) Blake MacKay – Alston & Bird, LLP (May 28, 2014) Angela Nixon – Georgia Municipal Association (May 28, 2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s):  Georgia Municipal Employees Benefit System Defined Benefit Retirement Plans  General Addendum to the Georgia Municipal Employees Benefit System Defined Benefit Retirement Plan Adoption Agreement STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE AMENDING AND RESTATING THE CITY OF MILTON GEORGIA MUNICIPAL EMPLOYEE BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City of Milton and GMEBS, the foregoing shall constitute a Contract between the City of Milton and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a Regular called Council meeting on the 16th of June, 2014 at 6:00 p.m. as follows: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby amended as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement; Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City of Milton was terminated or who vacated his office with the City of Milton for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination; Section 3. The effective date of this Ordinance shall be July 1, 2014; and Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. ORDAINED the 16th day of June 2014. Approved: Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk r r: AN l Ili 1;�NE and ADOPTION AGREEMENT for Form Volume Submitter Adopti®n Agreement Amended and Restated as 4f January 1, 2007 (Wath Amendments Effective Through July 1, 2014) City of Milton (Amended Effective July 1, 2014) — i --- City of Milton (Amended Effective July 1, 2014) PAGE I. AN ORDINANCE .................................. I II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT..............2 1. ADMINISTRATOR................................................................................................2 2. ADOPTING EMPLOYER.......................................................................................2 3. GOVERNING AUTHORITY.................................................................................2 4. PLAN REPRESENTATIVE..............................................................•----..--.............2 5. PENSION COMMITTEE...........................................................•----.--.....................3 6. TYPE OF ADOPTION............................................................................................3 7. EFFECTIVE DATE.................................................................................................4 8. PLAN YEAR...........................................................................................................5 9. CLASSES OF ELIGIBLE EMPLOYEES...............................................................5 A. Eligible Regular Employees........................................................................5 B. Elected or Appointed Members of the Governing Authority ......................5 10. ELIGIBILITY CONDITIONS .... .................. ........................................................... 6 A. Hours Per Week (Regular Employees)........................................................6 B. Months Per Year (Regular Employees).......................................................6 11. WAITING PERIOD.................................................................... 7 1.2. ESTABLISHING PARTICIPATION IN THE PLAN............................................7 13. CREDITED SERVICE ................................................. 8 A. Credited ast Service with Adopting Employer..........................................8 B. Prior Military Service..................................................................................9 C. Prior Governmental Service.......................................................................10 D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave).....................................................................12 14. RE'T'IREMENT ELIGIBILITY................................................•.............................13 A. Early Retirement Qualifications................................................................13 B. Normal Retirement Qualifications.............................................................14 C. Alternative Normal Retirement Qualifications..........................................15 D. Disability Benefit Qualifications ...............................................................17 15. RETIREMENT BENEFIT COMPUTATION.......................................................17 A. Maximum Total Credited Service..............................................................17 B. Monthly Normal Retirement Benefit Amount...........................................17 C. Monthly Early Retirement Benefit Amount..............................................20 D. Monthly Late Retirement Benefit Amount (check one):...........................21 E. Monthly Disability Benefit Amount..........................................................21 F. Minimum/Maximum Benefit For Elected Officials..................................22 16. IN-SERVICE DISTRIBUTIONS; COLA.............................................................23 A. Distributions For Those Who Remain In Service After Normal Retirement.....................................................................................23 B. Cost Of Living Adjustment ..................... — i --- City of Milton (Amended Effective July 1, 2014) City of Milton (Amended Effective July 1, 2014) C. Re -Employment After Normal or Early Retirement (see Master Plan Section 6.06(h) Regarding Re -Employment After Disability Retirement)......................................................................24 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING., ........................... ......................................... ...................................... 26 A. Eligible Regular Employees......................................................................26 B. Elected or Appointed Members of the Governing Authority ....................26 18. PRE -RETIREMENT DEATH BENEFITS...........................................................27 A. In -Service Death Benefit............................................................................27 B. Terminated Vested Death Benefit..............................................................28 19. EMPLOYEE CONTRIBUTIONS.........................................................................29 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT.......................................................................................................3 0 21. TERMINATION OF THE ADOPTION AGREEMENT......................................30 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS...................................................................................................30 City of Milton (Amended Effective July 1, 2014) STA'T'E OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE AMENDING AND RESTATING THE CITY OF MILTON GEORGIA MUNICIPAL EMPLOYEE BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City of Milton and GMEBS, the foregoing shall constitute a Contract between the City of Milton and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a Regular called Council meeting on the 16th of .lune, 2014 at 6:00 p.m. as follows: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby amended as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement; Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City of Milton was terminated or who vacated his office with the City of Milton for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination; Section 3. The effective date of this Ordinance shall be July 1 20_14; and Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. ORDAINED the 16th day of June 2014, Approved: Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk 11. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 Name: City of Milton, Georgia Name: Mayor and Council Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 [To represent Governing Authority in all communications with GMEDS and Employees] (See Section 2.46 of Master Plan) Name: Director of Operations Address: 1.3000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (6713) 242-2499 -2— City of Milton (Amended Effective July 1, 2014) [Please designate members by position. If not, members of Pension Committee small be determined in accordance with Article XIV of ?Master Plan] Position: Position: Position: Position: Position: Position: Position: Pension Committee Secretary: Director of Human Resources Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-61.19 Phone: (678) 242-2500 Facsimile: (678) 242-2499 This Adoption Agreement is for the following purpose (check one): ❑ This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. ❑ This is an amendment and restatement of the Adopting Employer's preexisting non-GMEBS defined benefit plan. ® This is an amendment and restatement of the Adoption Agreement previously adopted by the Employer, as follows (check one or more as applicable): ❑ To update the Plan to comply with PPA, HEART, WRERA, and other applicable federal laws and guidance. ® To make the following amendments to the Adoption Agreement (must specify below revisions made in this Adoption Agreement): This is an amendment to: 1 disallow participation in the Plan bj Employees who are initially employed or reemployed by the Fan to er on or after July 1 201.4 see Adoption Agreement DD. 5 and 9 and General Addendum Sections 2 and 13.2 make a technical correction to clarify that the Normal .retirement Qualifications for -Eligible Regular Employees serving as the City Manager are the attainment of a e 65 with no minimum service requirement see Adoption Agreement, . 14 • and 3 adopt an alternative early retirement reduction _ table see Adoption Agreement, p. 21).„ -3— City of Milton (Amended Effective July 1, 2014) 7. EFFECTIVE DA'T'E NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit Retirement Plan. Plan provisions designed to comply with certain provisions of the Pension Protection Act of 2006 ("PPA"); the Heroes Earnings Assistance and .Relief Tax Act of 2008 ("HEART"); and the Worker, Retiree, and Employer Recover Act of 2008 ("WRERA"); and Plan provisions designed to comply with certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2012-76 (the 2012 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption Agreement and Master Plan Document. By adopting this Adoption Agreement, with its accompanying Master Plan Document, the Adopting Employer is adopting a plan document intended to comply with Internal Revenue Code Section 401(a), as updated by PPA, HEART, WRERA, and the 2012 Cumulative List with the applicable effective dates. (1) Complete this item (1) only if this is a neve defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is (insert effective date of this Adoption Agreement not earlier than January 1, 2013). (2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. LALePL as otUer wise specifically provided hn the Mast DOew ent or in this [Adoption Agreement, the effective date of this restatement shall be (insert effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan is intended to replace and serve as an amendment and restatement of the Employer's preexisting plan, which became effective on _ (insert original effective date of preexisting plan). (3) Complete this item (3) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption 2014 (insert effective Agreement, the effective date of this restatement shall be july 1 ,,._ date of this Adoption Agreement not earlier than January 1, 2013). This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS Adoption Agreement, which became effective on March 19, 2012 (insert effective date of most recent Adoption Agreement preceding this Adoption Agreement). The Employer's first Adoption Agreement became effective April 1, 2007 (insert effective date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan was originally effective April �1, 2007 (insert effective date of Employer's original GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the Employer's non-GMEBS Plan was originally effective (if applicable, insert effective date of Employer's original non-GMEBS Plan).) -4- City of Milton (Amended affective July 1, 2014) r Plan Year means (check one): ❑ Calendar Year ❑ Employer Fiscal Year commencing ® Other (must specify month and day commencing): January 1 — December 31. Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include non-governmental employees, independent contractors, leased employees, nonresident aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2). A. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ❑ ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. E ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify): 11 Employees who are initially employed. by the City on or after July 1 2014• and 2 Employees who are reemployed by the City on or after JulV 1 2014 see General Addendum Sections 2 and 13 for additional V.Lovisions concerning effect of reemployment on or after Jul 1 2014 . B. Elected or Annointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: (1) Elected or Al2pointed Members of the Governing Authority check one): ® ARE NOT eligible to participate in the Plan. ❑ ARE eligible to participate in the Plan. -5— City of Milton (Amended Effective July 1, 2014) Please specify any limitations on eligibility to participate here (e.g., service on or after certain date, or special waiting period provision): (2) Municipal Legal al Officers check one): ® ARE NOT eligible to participate in the flan. ❑ ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): Please specify any Iimitations on eligibility to participate here (e.g., service on or after certain date): 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Regular Em to ees The Adopting Employer may specify a minimum number of hours per week which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the .Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: ❑ No minimum ❑ 20 hours/week (regularly scheduled) ❑ 30 hours/week (regularly scheduled) ® Other: 35 fours_ /weep (must not exceed 40 hours/week regularly scheduled) Exceptions: if a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): Minimum hour requirement applicable to excepted Regular Employees: ❑ No minimum ❑ 20 hours/week (regularly scheduled) ❑ 30 hours/week (regularly scheduled) ❑ Other: (must not exceed 40 hours/week regularly scheduled) B. Mouths Per Year (Regular Eml2loyces) The Adopting Employer may specify a minimum number of months per year which are required to be scheduled and worked by Regular Employees in order for them to become and -6 City of Milton (Amended Effective July 1, 2014) remain "EIigible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: ❑ No minimum ® At least 6 months per year (regularly scheduled) ❑ Other: _ Exceptions: If different months per year requirements apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Regular Employees to whom exception applies (must specify): The months to year requirement for excepted class(es) are: ❑ No minimum ❑ At least months per year (regularly scheduled) ❑ Other: 11. WAITING PERIOD Unless otherwise specified by the Adopting Employer in an addendum to this Adoption Agreement, Regular Employees shall be required to complete one (1) year of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. Unless otherwise specified by the Adopting Employer in an. Addendum to this Adoption Agreement, elected or appointed members of the Governing Authority and Municipal Legal Officers, if eligible to participate in the Plan, shall not have a waiting period before participating in the Plan. HHE Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement, except as provided in Section 4.03(e) of the Master Plan. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including Regular Employees, elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible .Employee, then in order to become a Participant, he must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (check one): ® None (Participation is mandatory for all Eligible Employees except as provided in Section 4.03(e) of the Master Plan). -7-- City of Milton (Amended Effective July 1, 2014) ❑ Participation is optional for the following Eligible Employees (must specify; all individuals or classes specified must be Eligible Employees): In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: A. Credited Past Service with Adoptine Em to er Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (cheek one): ® All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). ❑ All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to (insert date). + ❑ All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except as follows (must specify other limitation): ❑ No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). (2) Previously Employed, Returning to Service after Original Effective Bate. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (cheek one): ❑ All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. ® All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in _g_ City of Milton (Amended Effective July 1, 2014) Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. ❑ No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). Other limitation(s) on Recognition of Credited Past Service (wast specify): Notwithstandin 4ny, provision herein to the--contrarV, if an Ern to ee who was not em to ed on the ori inal Effective Date of the Ci 's CMEBS Plana Aril 1 2007 first becomes reemployed by the City on or after July 1 2014 the Employee will not be eligible to participate in this Plan and his/her service with the Ci rior to the original Effective bate of the Plan will not be taken into account under this Plan for an ur ose. (3) Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. (4) Newly Eligible Classes of Employees. if a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer trust specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. B. l.rine- Milrt:ru Qervrre Note: This Section does not concern military service required to be credited under USERRA — See Section 3.02 of the Master Plan for rules on the crediting of USERRA Military Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under "Other Conditions" below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): ® Prior Military Service is not creditable under the Plan (if checked, skip to Section B.C. — Prior Governmental Service). ❑ Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): -9— City of Milton (Amended Effective July 1, 2014) ❑ Computing amount of benefits payable. ❑ Meeting minimum service requirements for vesting. ❑ Meeting minimum service requirements for benefit eligibility. (2) Maximum Credit for Prier Military Service. Credit for Prior Military Service shall be limited to a maximum of years (insert number). (3) Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the :following rate (check one): ❑ One month of military service credit for every month(s) (insert number) of Credited Service with the Adopting Employer. ❑ One year of military service credit for every year(s) (insert number) of Credited Service with the Adopting Employer. ❑ All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _ years (insert number) of Credited Service with the Employer. ❑ Other requirement (must specify): (4) Payment for Prior Military Service Credit(check one): ❑ Participants shall not be required to pay for military service credit. ❑ Participants shall be required to pay for military service credit as follows: ❑ The Participant must pay % of the actuarial cost of the service credit (as defined below). ❑ The Participant must pay an amount equal to (must specify): Other Conditions for Award of Prior Military Service Credit (must specify): (5) Limitations on Service Credit Purchases. Unless otherwise specified in an Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning prior governmental service credit, the term "actuarial cost of service credit" means the actuarial accrued liability relating to such prior service credit as determined by the GMEBS actuary and calculated using the actuarial assumptions and methods employed in performing GMEBS member plan valuations. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. C. Prior Governmental Service - 1.0— City of Milton (Amended Effective July I, 2014) Note: Prior service with other GMEBS employers shall be credited as provided under the Master Plan. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check orae): ® prior governmental service is not creditable under the Plan (if checked, skip to Section 13.D. — Unused SickNacation Leave). ❑ Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): ❑ Computing amount of benefits payable. ❑ Meeting minimum service requirements for vesting. ❑ Meeting minimum service requirements for benefit eligibility_ (2) Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify): Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of years (insert number). (4) Date of Accrual for Prior Governmental Service Credit. Credit for prior governmental service shall accrue at the following rate (check one): ❑ One month of prior governmental service credit for every month(s) (insert number) of Credited Service with the Adopting Employer. ❑ One year of prior governmental service credit for every year(s) (insert number) of Credited Service with the Adopting Employer. ❑ All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed __ years (insert number) of Credited Service with the Adopting Employer. City of Milton (Amended Effective hiy 1, 2014) ❑ Other requirement (trust specify): (S) Payment for Prior Governmental Service Credit. ❑ Participants shall not be required to pay for governmental service credit. ❑ Participants shall be required to pay for governmental service credit as follows: ❑ The Participant must pay --% of the actuarial cost of the service credit. El The Participant must pay an amount equal to (trust specify): Other Conditions for Award of Prior Governmental Service Credit (must specify): D. heave Conversion for Unused Paid Time Off (e.g- Sick Vacation or Personal Leave (1) Credit for Unused Paid Time Off. Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to treat accumulated days of unused paid time off for a terminated Participant as Credited Service. The only type of leave permitted to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation leave plan (which may include sick, vacation or personal leave) and which the Participant may take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual of a normal retirement benefit under the Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused paid time off that is creditable hereunder. Important Dote: Leave cannot be converted to Credited Service in lieu of receiving a cash payment. If the Employer elects treating unused paid time off as Credited Service, the conversion to Credited Service will be automatic, and the Participant cannot request a cash payment for the unused paid time off. The Employer elects the following treatment of unused paid time off - 0 Unused paid time off shall not be treated as Credited Service (if checked, skip to Section 14 — Retirement Eligibility). ❑ The following types of unused paid time off shall be treated as Credited Service under the Plan (check one or more as applicable): ❑ Unused sick leave ❑ Unused vacation leave ❑ Unused personal leave ❑ Other paid time off (must specify, subject to limitations in Section 3.01 of Faster Plan): 12 ....._ City of Milton (Amended Effective July 1, 2014) (2) Minimum Service Requirement. In order to receive credit for unused paid time off, a Participant must meet the following requirement at termination (check one): ❑ The Participant must be 100% vested in a normal retirement benefit. ❑ The Participant must have at least years (insert number) of Total Credited Service (not including leave otherwise creditable under this Section). ❑ Other (must specify, subject to limitations in Section 3.01 of Master Plan,): (3) Use of Unused Paid Time Off Credit. Unused paid time off shall count as Credited Service for the following proposes under the Plan (check one or more as applicable): ❑ Computing amount of benefits payable. ❑ Meeting minimum service requirements for vesting. ❑ Meeting minimum service requirements for benefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off shall be limited to a maximum of months (insert number). (5) Computation of Unused Paid Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. (G) Other Conditions (please specify, subject to limitations in Section 3.01 of Master Plan): 1.4. RETIREMENT ELIGIBILITY A. Early Retirement Qualifications Early retirement qualifications are (check one or more as applicable) - 0 Attainment of age 55 (insert number) ® Completion of I_0 years (insert number) of Total Credited Service Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify): Early retirement qualifications for excepted class(es) are (check one or more as applicable)- - 13 City pplicable): -13City of Milton (Amended Effective July 1, 201.4) ❑ Attainment of age (insert number) ❑ Completion of _ years (insert number) of Total Credited Service B. Q alifications Normal Retirement u Dote: Please complete this Section and also list "Alternative" Normal Retirement Qualifications, if any, in Section 14.C. (1) Reuular EmDloyees Normal retirement qualifications for Regular Employees are (check one or more as applicable): ® Attainment of age 65 (insert number) ® Completion of 7 years (insert number) of Total Credited Service Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): City 1Vlana sers ears to ed bv the City on or after April 1 2007 and nrior to July 1 2014 Ean to ees initially employed or reem to ed on or after July 1 2014 are not eligible to participate in the Plan — see Section 9 above and Sections 2 and 13 of General Addendum). Normal retirement qualifications for excepted class(es) are (check one or more as applicable): ® Attainment of age 65 (insert number) ❑ Completion of __ years (insert number) of Total Credited Service (2) Elected or Apo nte€i Members of Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): ❑ Attainment of age (insert number) ❑ Completion of years (insert number) of Total Credited Service Exceptions: If different normal retirement qualifications apply to particular elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify below to whom the different requirements apply and indicate below the requirements applicable to them. Particular elected or appointed members of the Governing Authority or Municipal Legal Officers to whom exception applies (must specify): -1.4-- City 1.4 -- City of Milton (Amended Effective .hely 1, 2014) Normal retirement qualifications for excepted elected or appointed members of the Governing Authority or Municipal Legal Officers are (check one or more as applicable): ❑ Attainment of age (insert number) ❑ Completion of years (insert number) of Total Credited Service C. .Alternative Normal Retirement Oualifications The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specif ed above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): (3) (t) ® Not applicable (the Adopting Employer does not offer alternative normal retirement benefits under the Plan). (2) ❑ Alternative Minimum Age & Service Qualifications (if checked, please complete one or more items below, as applicable): ❑ Attainment of age (insert number) ❑ Completion of years (insert number) of Total Credited Service This alternative normal retirement benefit is available to: ❑ All Participants who qualify. ❑ Only the following Participants (must specify): A Participant (check one): ❑ is required ❑ is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): ❑ Rule of (insert Number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one): ❑ must have attained at least age (insert number) ❑ must not satisfy any minimum age requirement. -15— City of Milton. (Amended Effective July 1, 2014) This alternative normal retirement benefit is available to: ❑ All Participants who qualify. ❑ Only the following Participants (must specify): A Participant (check one): ❑ is required the Employer at the time he satisfies alternative normal retirement benefit. ❑ is not required to be in the service of the Rule in order to qualify for this Other eligibility requirement (must specify): (4) ❑ Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least years (insert number) of Total Credited Service, regardless of the Participant's age. This alternative normal retirement benefit is available to: ❑ All Participants who qualify. ❑ Only the following Participants (must specify): A Participant (check one): ❑ is required ❑ is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): (5) ❑ Other Alternative Normal Retirement Benefit. Mast specify qualifications: This alternative normal retirement benefit is available to: ❑ All Participants who qualify. ❑ Only the following Participants (must specify): A Participant (check one): ❑ is required ❑ is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement bene Cit. Other eligibility requirement (.must specify): - 16 - City 6 -- City of .Milton (Amended Effective Judy 1, 201.4) D. Disability Benefit Qualifications Subject to the other terms and conditions of the Master Flan and except as otherwise provided in an Addendum to this Adoption Agreement, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Section 2.21 of the Master plan. The Disability Retirement benefit shall commence as of the Participant's Disability Retirement Date under Section 2.22 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service (check one): ❑ Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). ® No minimum. ❑ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): A. Maximum Total Credited Service The number of years of Total Credited Service which may be used to calculate a benefit is (check one or all that apply): E not limited. ❑ limited to years for all Participants. ❑ limited to years for the following classes of Eligible Regular Employees: ❑ All Eligible Regular Employees. ❑ Only the following Eligible Regular Employees: ❑ limited to years as an elected or appointed member of the Governing Authority. ❑ limited to years as a Municipal Legal Officer. ❑ Other (must specify): B. M. .onthly Normal Retirement Benefit Amount (1) Regular Employee Formula The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check and complete one or more as applicable): _ l7_ City of Milton (Amended Effective July 1, 2034) E (a) Flat Percentage Formula. 2.75% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: ® All Participants who are Regular Employees, ❑ Only the following Participants (must specify): ❑ (b) Alternative Flat Percentage Formula. % (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify): ❑ (c) Split Final Average Earnings Formula. % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus °10 (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: ❑ All Participants who are Regular Employees. ❑ Only the following Participants (must specify): ❑ (d) Alternative Split Final Average Earnings Formula. % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus % (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: ❑ All Participants. ❑ Only the following Participants (must specify): [repeat above subsections as necessary for each applicable benefit formula and. Participant class covered under the Plana - is— City of Milton (Amended Effective July 1, 2014) (2) Covered Compensation (complete only if Split Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): ❑ (a) A.f.M.E. Covered Compensation as defined in Section 2.16 of the Master Plan. This definition of Covered Compensation shall apply to (check one): ❑ All Participants who are Regular Employees. ❑ Only the following Participants (east specify): ❑ (b) Dynamic Break Point Covered Compensation as defined in Section 2.17 of the Master Plan. This definition of Covered Compensation shall apply to (check one): ❑ All Participants who are Regular Employees. ❑ Only the following Participants (must specify): ❑ (c) fable Break Poiret Covered Compensation as defined in Section 2.18 of the Master Plan. This'definition of Covered Compensation shall apply to (check one): ❑ All Participants who are Regular Employees. ❑ Only the following class(es) of Participants (must specify): ❑ (d) Covered Compensation shall mean a Participant's annual Earnings that do not exceed $ (specify amount). This definition shall apply to (check one): ❑ All Participants who are Regular Employees. ❑ Only the following Participants (must specify): (3) Final Average Earnings Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the annual average of Earnings paid to a Participant by the Adopting Employer for the five5 (insert number not to exceed 5) consecutive years (12 month periods) of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. This definition of Final Average Earnings applies to: 21 All Participants who are Regular Employees. ❑ Only the following Participants (must specify): [Repeat above subsection as necessary for each applicable definition and Participant class covered under- the Plana - 19— City of Milton (Amended Effective July t, 20 l4) (4) Formula for Elected or Appointed Members of the Governing Authori The monthly normal retirement benefit for members of this class shall be as follows (check one): ❑ Not applicable (elected or appointed members of the Governing Authority or Municipal Legal Officers are not permitted to participate in the Plan). ❑ $ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). This formula applies to: ❑ All elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate. ❑ Only the following elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate (must specify): [Repeat above subsection as necessary for each applicable formula for classes of elected or appointed members covered under the Plan.] C. Monthly Early Retirement Benefit Amount Check and complete one or more as applicable: ❑ (1) Standard Early retirement Reduction "fable. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Master Plan to account for early commencement of benefits. This provision shad apply to: ❑ All Participants. ❑ Only the following Participants (must specify): R (2) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Non -nal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: ❑ All Participants. ® Only the following Participants (must specify): Those who are emploved with the City as of Jape 30, 2014, provided then do not become reemployed by the City on or. after July 1, 2014. The standard early retirement reduction table in Master Plan Section 12.01 will apply to all other Participants. -20- City of Milton (Amended Effective July 1, 2014) Alternative_ Early Retirement Reduction Table Number of Fears Before Percentage of Agre 65 (Insert Normal Normal Retirement Benefit* Retirement Age) (complete as applicable) (check as applicable) ® 0 1.000 ® 1 0.97 ® 2 094 ® 3 0.91 E 4 0.88 ® 5 0.85 ® 6 0.82 ® 7 0.79 ® 8 0.76 ® 9 0.73 ® 10 0.70 ❑ 11 N/A ❑ 12 N/A ❑ 13 NIA ❑ 14 NIA ❑ 15 NIA *Interpolate for whole months D. y check one): 1Vlon�lal Late Retirement Benefit Aour�4 ® (1) The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. ❑ (2) The monthly Late Retirement benefit shall be the greater of. (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Section 12.05 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Section 12.06 of the Master Plan. E. Monthly ]Disability Benefit Amount The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. -21— City of Milton (Amended Effective July 1, 2014) Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): ❑ Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). ❑ No minimum is established. ® No less than (cheek one): El 20% ❑ 10% ❑ % (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding; any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) ❑ No less than. (check. one): ❑ 66 2/3 % ❑ % (if other than 66 2l3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability, less any monthly benefits paid from Workers Compensation (not including Worker's Compensation medical expense reimbursement benefits), federal Social Security benefits as a result of disability, any state compulsory disability pian, and any disability income plan paid by the Employer, as reported by the Employer in an attachment to the Participant's application for retirement. (Unless otherwise specified in an ; ddend'ura to the Adoption Agreement, no minim;... ;will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) Dote: The Adopting Employer is responsible for reporting to GMEBS any amounts to be used in an offset. F. Minimum/Maximum Benefit For Elected Officials In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (checks one): ® Not applicable (elected or appointed members of the Governing Authority do not participate in the Plan). ❑ No minimum or maximum applies. ❑ Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. ❑ Other minimum or maximum. (must specify): -22— City of Milton (Amended Effective July I, 2014) A. Distributions For Those Who Remain In Service .After Normal Retirement The Employer may elect to permit active Participants who have satisfied the Employer's qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their benefit even though they have not yet terminated employment with the Employer, subject to the terms of the Master Plan in Section 6.06(g). However, in accordance with IRS requirements, even if the Employer elects to permit in-service distributions and a Participant has otherwise satisfied the qualifications for Normal Retirement or Alternative Normal Retirement in Sections 14.B. or 14.C. above, the Participant. will not be permitted to tape an in-service distribution unless the Participant satisfies the qpplicable minimum age parameters set forth below. The Employer makes the following election in this regard (check one): ® (1) Distribution of retirement benefits is not permitted until the Participant has terminated employment and otherwise qualifies for receipt of benefits. ❑ (2) Participants who have satisfied the qualifications for Normal Retirement or Alternative Normal Retirement, or, if higher, the minimum age parameters set forth below, may begin drawing their Normal Retirement benefit even though they remain in the service of the Employer. This provision applies to (check orae): ❑ All Participants ❑ Only Participants in the following classes (in-service distributions not permitted for any others) (must specify): Mote: To be eligible for an in-service distribution, the Participant's age must meet the following minimum age parameters: For Participants who are not "public safety employees," the Participant must be at least age 62 or older. Based upon GMEBS' most recent actuarial experience study, this age is reasonably representative of the typical retirement age for the GMEBS' member municipalities/governmental entities (the "industry" in which members work). If the Employer selects a Normal Retirement Age or Alternative Normal Retirement Age in Section 14.B. or 14.C. that is at Ieast age 62, the Plan's normal retirement age will fall within the IRS pre -approved safe harbor. ® For Participants who are "public safety employees," the Participant must be at least age 50 or older. If the Employer selects a Normal Retirement Age or Alternative Normal Retirement Age in Section 14.13. or 14.C. that is at least age 50, the Plan's normal retirement age will fall within the IRS pre -approved safe harbor for public safety employees. Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision. -23-- City 23__City of Milton (Amended Effective Rily 1, 2014) B. Cost Of Living. Adjustment The Employer may elect to provide for an annual cost -of -living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following (check one): ® (1) No cost -of -living adjustment. ❑ (2) Variable Annual cost -of -living adjustment not to exceed % (insert percentage). ❑ (3) Fixed annual cost -of -living adjustment equal to _ % (insert percentage). The above cost -of -living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): ® All Participants (and their Beneficiaries). ❑ Participants (and their Beneficiaries) who terminate employment on or after (insert date). ❑ Other (must specify): C. Re -Employment After Normal or Early Retirement (see Master Plan Section 6.06(1) Regarding Re-Emt2121ment After Disabili#y Retirement) (1) Reemployment After Normal Retirement. In the event a Retired Participant is reemployed with the Employer as an Eligible Employee after his Normal Retirement Date, the following rule shall apply (check one): (a) ® The Participant's benefit shall be suspended in accordance with Section 6.06(a) of the Master Plan for as long as the Participant remains employed. (b) ❑ The Participant may continue to receive his retirement benefit in accordance with Section 6.06(e) of the Master Plan. This rule shall apply to (check one): ❑ all Retired Participants ❑ only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): (2) Reemployment After Early Retirement. In the event a Participant retires with an Early Retirement benefit and is reemployed with the Employer as an Eligible Employee -24-- City 24 --- City of Milton (Amended Effective July 1, 2014) before his Normal Retirement Date, the following rule shall apply (check one or more as applicable): (a) ® The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a) of the Master Plan for as long as the Participant remains employed. This rule shall apply to (check one): ® all Retired Participants; ❑ only the following classes of Retired Participants (must specify): (b) ❑ The Participant's eligibility to continue receiving Early Retirement benefits shall be subject to the following limitations (if this item is checked, check all of the following that apply): ❑ (i) The Participant's Early Retirement benefit, as applicable, shall be suspended.. however, the Participant may again begin receiving benefits after he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with. Section 6.06(d) of the Master Plan. This rule shall apply to (check one): ❑ all Retired Participants ❑ only the following classes of Retired Participants (mast specify): ❑ (ii) The Participant may continue receiving his Early Retirement benefit in accordance with Section 6.06(e) of the Master Plan, provided his initial retirement was in good faith and he does not return to employment with the Employer for a minimum of months (insert number no less than 6) following his effective Retirement date. If this requirement is not met, the Participant's benefit shall be suspended until he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Section 6.06(d) of the Master Plan. This rule shall apply to (check one): ❑ all Retired Participants ❑ only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(x) of the Master Plan if they return to work with the Employer): -25— City 25 -- City of Milton (Amended Effective July 1, 2014) 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING A. Eligible Regular Ear to ees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): ❑ No vesting schedule (immediate vesting). ® Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 7 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. ❑ Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert Percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % S % 6 % 7 % 8 % 9 % 10 % Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): City Manager. Vesting Schedule for excepted class (must specify): Immediate Vesting (no vesting requirement). B. LL_ Members of the Governing Authority Elected or Appointed 1VIebe , , ,. , ,.�_,. Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): -26— City of Milton (Amended Effective July 1, 2014) ® Not applicable (elected or appointed members of the Governing Authority are not permitted to participate in the Plan). ❑ No vesting schedule (immediate vesting). ❑ Other vesting schedule (must specify): A. In -Service Death Benefit Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) ® Auto A Death Benefit. A monthly benefit payable to the Participant's Pre -Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): ® The Participant must be vested in a normal retirement benefit. ❑ The Participant must have_ years (insert number) of Total Credited Service. ❑ The Participant must be eligible for Early or Normal Retirement. ❑ Other eligibility requirement (mast specify): (2) ❑ Actuarial Reserve death Benefit. A monthly benefit payable to the Participant's Pre -Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): ❑ The Participant shall be eligible immediately upon becoming a Participant. ❑ The Participant must have years (insert number) of Total Credited Service. ❑ Other eligibility requirement (must specify): Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): -27-- City of Milton (Amended Effective July 1, 2014). ❑ Total Credited Service accrued prior to the date of the Participant's death. ❑ Total Credited Service accrued prior to the date of the Participant's death, plus (check one): ❑ one-half (%) ❑ (insert other fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. (See Master Plan Section 8.02(17) regarding 10 -year cap on additional Credited Service.) Minimum In -Service Death Benefit for Vested Em to ees E ual to 1"ern7inated Vested Death Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is terminated by reason of the Participant's death prior to Retirement, and if as of the date of death the Participant is vested but he does not qualify for the in-service death benefit, then. the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below). (3) Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of 'Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 41.5): Participants to whom alternative death benefit applies (must specify): Eligibility conditions for alternative death benefit (must specify): B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): ® Auto A Beath Benefit. A monthly benefit payable to the Participant's Pre -Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. ❑ Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre -Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. -28-- City of Milton (Amended Effective July 1, 2014) (2) ExceUtiions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable re€luirements of Treasury Regulations Section 1.401-1(b)(1)(i) and sloes not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): Participants to whom alternative death benefit applies (must specify): Eligibility conditions for alternative death benefit (must specify): (1) Employee contributions (check one) - Are not required. ❑ Are required in the amount of % (insert percentage) of Earnings for all Participants. ® Are required in the amount of 330 % (insert percentage) of Earnings for Participants in the following classes (must specify): Eligible Re alar Employees em to ed on or after April l 2007,commencing with the first payroll period beeinnina on or after A ril 1 2007. (Repeat above subsection as necessary if more than one contribution rate applies.] (2) Pre -'Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post -tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not report picked up contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): ® To pick up Employee Contributions. By electing to pick up Employee Contributions, the Adopting Employer specifies that the contributions, although designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of -29— City of Milton (Amended Effective July 1, 20.14) this Adoption Agreement is duly authorized to take this action as required to pick up contributions. This pick-up of contributions applies prospectively, and it is evidenced by this contemporaneous written document. On and after the date of the pick-up of contributions, a Participant does not have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401(k) -1(a)(3)) with respect to the designated Employee Contributions, which includes not having the option of receiving the amounts directly instead of having them paid to the Plan. ❑ Not to pick up Employee Contributions. (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. ❑ Interest shall not be paid. ® Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. ❑ Other rate of interest (must specify rate, subject to the provisions of Section 13°06 of the Master Plan Document): #. MODIFICATION OF THE TERMS OF DiPi c, If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adopt an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other procedures required by the Plan have been implemented. The Administrator will timely inform the Adopting Employer of any amendments made by the Board to the Plan. f► =I X1:7► I10I'Y 11 it 0] [i��l�I_�IZi i ► ►� ► '� This Adoption Agreement (and any Addendum) may be terminated only in accordance with the Plan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this volume submitter program. EMPLOYER22. ADOPTION D AUTHORIZATION Fi; . AMENDMENTS Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any Addendum, which is attached hereto and made a part of this [ordinance/resolution]. The -3o- City of Milton (Amended Effective July 1, 2014) Adoption Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes certain elections under the Adoption Agreement or the Addendum. The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all shatters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in the Appendix to the Master Defined Benefit Plan Document) and any other applicable provisions of O.C.G.A. Title 47; (2) The Master Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under advisory letter dated , 20. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum.), or to operate and maintain the Plan and Trust in accordance with the terms of the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the IRS advisory letter should be directed to the Administrator. The Administrator is Georgia Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404) 688-0472. The primary person to contact is: GMEBS Legal Counsel. -31- City of Milton (Amended Effective July 1, 2014) Authorization for Amendments. Effective on and after February 17, 2005, the Adopting Employer hereby authorizes Ice Miller LLP, Legal Counsel, the volume submitter practitioner who sponsors the Plan on behalf of GMEBS, to prepare amendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure 2005-16, as superseded by Revenue Procedure 2011-49, and Announcement 2005-37. Employer notice and signature requirements were met for the Adopting Employer before the effective date of February 17, 2005. The Adopting Employer understands that the implementing amendment reads as follows: On and after February 17, 2005, the Board delegates to the Practitioner the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalf of all Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January 1, 2013, restatement of the Plan, for changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required good faith amendments (but only if their adoption will not cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employers before the effective date of February 17, 2005. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall be prepared on behalf of any Adopting Employer as of either: the date the Internal Revenue Service requires the Adopting Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a type of Plan not allowable in a volume submitter plan as described in Revenue Procedure 2011-49; or as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. If the Adopting Employer is required to obtain a determination letter for any reason in order to :maintain reliance on the advisory letter, the Practitioner's authority to amend the Plan on behalf of the Adopting Employer is conditioned on the Plan receiving a favorable determination letter. The Adopting Employer further understands that, if it does not give its authorization .hereunder or, in the alternative, adopt another pre -approved plan, its Plan will become an individually designed plan and will not be able to rely on the volume submitter advisory letter. -32— City of Milton (Amended Effective July 1, 2034) The terms of the foregoing Adoption. Agreement are approved by the Board of Trustees of Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this day of _ , 2414. (SEAL) Board of Trustees Georgia Municipal Employees Benefit System Secretary GENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Milton, as follows (complete one or more sections, as applicable): ***Item (1) of Pre –Approved Addendum – Not Applicable*** (2) Discontinuance of participation in the Plan by one or more Departments or classes of Employees (for amendment of Adoption Agreement only - see Section 9 of Adoption Agreement): (a) DB Plan Participation Closed to Employees Initially Employed or Reemployed on or after July 1, 2014 – Any Employee who is initially employed or reemployed by the City of Milton or after July 1, 2014 will not participate in the DB Plan (this Plan) with respect to his/her service and earnings on or after the date of such initial employment or reemployment. Eligible Regular Employees who are employed with the City as of June 30, 2014 will remain in the DB Plan (this Plan), subject to the eligibility requirements of this Plan, and except as otherwise provided in subsections 2(b) and Section 13 below concerning the effect of becoming reemployed. An Employee who is employed with the City as of June 30, 2014 but who does not satisfy the eligibility requirements (e.g., hour per week or month per year requirement) to participate in this Plan as of such date, and who, without terminating and becoming reemployed by the City, meets the eligibility requirements to participate in this Plan on or after July 1, 2014 shall become a Participant in this Plan upon satisfying such eligibility requirements, subject to subsection 2(b) and Section 13 below concerning the effect of becoming reemployed. (b) Employed as of June 30, 2014; Effect of Termination & Reemployment – If an Eligible Regular Employee who is employed with the City as of June 30, 2014 terminates employment and becomes reemployed by the City on or after July 1, 2014, said Employee will not be eligible to participate in the DB Plan (this Plan) with respect to his/her service and earnings with City of Milton (Amended Effective July 1, 2014) the City on or after said reemployment date. In addition, said Eligible Regular Employee’s vested status, the Eligible Regular Employee’s eligibility for retirement and pre-retirement death benefits, and the amount of any benefits payable to or on behalf of the Eligible Regular Employee under the DB Plan (this Plan), if any, with respect to the Eligible Regular Employee’s Service with the City prior to said reemployment date will be determined based upon the Eligible Regular Employee’s Credited Service and his/her Final Average Earnings as of the date of his or her termination of employment preceding the date he/she is first reemployed by the City on or after July 1, 2014. Notwithstanding the provision above concerning determination of vested status, portability service with other GMEBS Retirement Fund member employers will be taken into account as provided under subsection 2(d) below. Service and earnings on or after said reemployment date will not be taken into account for any purpose under the DB Plan (this Plan) (e.g., for purposes of becoming vested under the DB Plan, meeting benefit eligibility requirements, or computing the amount of benefits payable, if any, under the DB Plan). See also Section 13 of this Addendum regarding Frozen Plan Provisions. (c) Former Employees Not Employed on June 30, 2014 Who Become Reemployed or after July 1, 2014 – If a former Employee of the City who is not employed with the City as of June 30, 2014 becomes reemployed by the City on or after July 1, 2014, the Employee will not be eligible to participate in the DB Plan (this Plan) with respect to his or her service and earnings with the City on or after the date on which he or she is reemployed. The Employee’s vested status, the Employee’s eligibility for retirement and pre-retirement benefits, and the amount of any benefits payable under this Plan, if any, with respect to the Employee’s Service with the City prior to said reemployment date will be determined in accordance with the applicable terms of this Plan, if any, in effect as of the date of the Employee’s most recent termination from the City preceding the date on which he or she is first reemployed by the City on or after July 1, 2014, and the Employee’s Credited Service and Final Average Earnings with the City, if any, as of said termination date. Notwithstanding the provision above concerning determination of vested status, - 2 - City of Milton (Amended Effective July 1, 2014) portability service will be taken into account as provided under subsection 2(d) below. Service and earnings with the City on or after said reemployment date will not be taken into account for any purpose under this Plan (e.g., for purposes of becoming vested, meeting benefit eligibility requirements, or computing the amount of benefits payable under this Plan). See also Section 13 of this Addendum regarding Frozen Plan Provisions. (d) GMEBS Portability Service – Credited Service under the defined benefit retirement plans of other GMEBS Retirement Fund member employers (portability service) will continue to be taken into account under this Plan in accordance with the GMEBS Master Plan (solely for purposes of determining vested status and eligibility for retirement benefits under this Plan) with respect to: (1) Eligible Regular Employees who are employed with the City as of June 30, 2014; and (2) former Eligible Regular Employees of the City not employed with the City as of June 30, 2014 who previously participated in the DB Plan (this Plan), provided they do not become reemployed by the City on or after July 1, 2014. If an Employee or former Employee described in this subsection 2(d)(1) – (2) becomes reemployed with the City on or after July 1, 2014, then any portability service on or after said reemployment date will not be taken into account for any purpose under the DB Plan (this Plan), notwithstanding any provision of the Master Plan to the contrary. (3) Special Waiting Period Requirements - (see Section 11 of Adoption Agreement regarding Waiting Period) (check as applicable): (a) No Waiting Period; Immediate Participation. Except as otherwise provided below or where suspension of benefits is required as provided in Section 6.06 of the Master Plan, there will be no waiting period for participation under the Plan. This provision shall apply to (check one): All Regular Employees. The following class(es) (the normal 1-year waiting period for participation will apply to all other Regular Employees unless otherwise provided in an Alternative Waiting Period provision below) (must specify): City Manager; provided - 3 - City of Milton (Amended Effective July 1, 2014) however, that any City Manager who is initially employed or reemployed on or after July 1, 2014 is not eligible to participate in this Plan, and service and earnings with the City on or after such initial employment date or reemployment date (as applicable) will not be taken into account for any purpose under this Plan. (b) Alternative Waiting Period. Eligible Employees shall be required to complete (specify time period) of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. This alternative waiting period provision shall apply to (check as applicable): All Regular Employees. All Municipal Legal Officers. All elected or appointed members of the Governing Authority. The following class(es) (the normal 1-year waiting period or no waiting period as set forth in Section 11 of the Adoption Agreement will apply to all other Eligible Employees, as applicable, unless otherwise provided in this Section) (must specify): . (14) Frozen Plan Provisions (for amendment of Adoption Agreement only – see Section 9 of Adoption Agreement regarding Classes of Eligible Employees): (a) Plan Freeze - The Plan is "frozen" effective as of July 1, 2014 (specify date). The Plan shall be subject to all provisions of the Adoption Agreement and Master Plan, except as otherwise provided herein, and the Employer shall continue to maintain the Plan's qualified status. The Plan shall be frozen, as follows (check as applicable): - 4 - City of Milton (Amended Effective July 1, 2014) (i) The Plan shall be frozen with respect to the following class(es) of Eligible Employees (one or more as applicable): all Participants; all Eligible Regular Employees; elected or appointed members of the Governing Authority; Municipal Legal Officers; other (must specify): Employees initially employed or reemployed on or after July 1, 2014. (ii) Active Participants in the affected class(es) of Eligible Employees as of the freeze effective date shall be vested in their normal retirement benefits accrued as of the effective date of the freeze to the extent funded notwithstanding any provision of the Adoption Agreement to the contrary. (iii) Employees who are (check all that apply): employed by the Employer or in office as of _________ (specify date), first employed on or after July 1, 2014 (specify date), reemployed on or after July 1, 2014 (specify date), shall not be eligible to participate in the Plan on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date). (iv) With respect to Employees designated in paragraph (iii) above, earnings on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) shall not be taken into account for purposes of the Plan. (v) The Employees designated in paragraph (iii) above shall not be credited with service for the Employer on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) for purposes of (check all that apply): computing the amount of benefits payable; meeting minimum service requirements for participation and vesting; meeting minimum service requirements for benefit eligibility under the Plan. - 5 - City of Milton (Amended Effective July 1, 2014) (vi) The following additional provisions shall apply as a result of the freeze (must specify): See General Addendum Section 2 for additional provisions concerning Plan freeze. The terms of the foregoing Addendum to the Adoption Agreement are approved by the Mayor and Council of the City of Milton, Georgia this ________ day of _____________, 2014. Attest: CITY OF MILTON, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) Secretary - 6 - City of Milton (Amended Effective July 1, 2014) HOME OF ' MIL TON, r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ13-18 - Birmingham Highway (West Side) with a frontage of approximately 373 feet by Piedmont Atlantic Capital to rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 13 single family residences on 19.5 acres. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ilK! NO CITY ATTORNEY REVIEW REQUIRED: O YES (XNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: d&oz 14 REMARKS "' /iPi3t ► cam, r (&'o to tis r3 7- W 12-4role .asp �� * * R PHONE: 678.242.2500 1 FAX: 678.242.2499 Green *Ceirif;ed ; fop :��U info@cityofmlltonga.us I www.cityofmilfonga.us' ' Community _ C' C5 13000 Deerfield Parkway, Suite 107 Milton GA 30004 `EPI"'E -- Robyn Macdonald From: J. Craig Harper <jch@piedmontatlantic.com> Sent: Monday, May 19, 2014 2:38 PM To: Robyn Macdonald Cc: ethan@lipscombjohnson.com Subject: RE: Status of RZ13-18 Robyn, We would like to withdraw the application for rezoning. We are not able to overcome implications arising from the lawsuit against the property at this time. Thank you for all your help and I look forward to working with you in the future. J. Craig l larger I Alum goig Pvinc•ij)ui Piedmont Atlantic Capital, LLC 8920 Eves Road I No. 7671.27 Roswell, Georgia 30076 P 404.798.9820 F 77[]=02 1487 E jclir,.piedmentailaittic.com From: Robyn Macdonald [ma ilto: Robyn. Macdonald@cityofmiltonga. us] Sent: Monday, May 19, 2014 1:41 PM To: J. Craig Harper Uch@piedmontatlantic.com); `Craig Harper' Och@harperproperties.com) Subject: FW: Status of RZ13-18 Hi Craig, Can you give me a status report on the revised site plan/rezoning? I will need it by noon tomorrow, Tuesday to be able to write the Staff report. If you decide not to pursue the rezoning, please send me an e-mail to that fact. Thanks Robyn From: J. Craig Harper [mai Ito: jch4piedmontatlantic.com] Sent: Friday, May 09, 2014 5:30 PM To: Robyn Macdonald Subject: RE: Status of RZ13-18 Let me give this some thought and get back to you early next week. Can you advise me as to what the staff's position will be? Craig Harper From: Robyn Macdonald [mailto:Robyn.Macdonald(a)cityofmiltonga.us] Sent: Friday, May 09, 2014 4:53 PM HOME OF'HE PEST QUN.i_;T'r 0� j=- I JIMILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 29, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-03 — Southeast Corner of Birmingham Highway and Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural) to Modify Conditions 1.c., 1.d., 2.a., and 3.b. (RZ04-0116) by Capkey Birmingham Partners, LLC. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: {YES (j NO CITY ATTORNEY REVIEW REQUIRED: 0 YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® , Your *** PHONE: 678.242.2500 FAX: 678.242.2499 infoftltyofmiltonga.us I www.cityofmiMonga.us Community 1�Eth, / 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a Page 1 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) ZM14-03 PROPERTY INFORMATION ADDRESS SE Corner of Birmingham Hwy and Birmingham Road DISTRICT, LAND LOT 2/2, 379, 380, 413, 414 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING MIX (Mixed Use) and AG-1 (Agricultural) (RZ04-116) ACRES 22.3 EXISTING USE One story block building and single family residence with accessory structures OWNER Armstrong Birmingham Development, LLC One Armstrong Place Butler, PA 16001 APPLICANT Capkey Birmingham Partners, LLC 5 Concourse Parkway, Suite 2950 Atlanta, GA 30328 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 16, 2014 ZM14-03 – APPROVAL CONDITIONAL TO MODIFIY CONDITIONS 1.c., 1.d., 2.a., and 3.b. INTENT To modify conditions 1.c., 1.d., 2.a., and 3.b. (RZ04-116) Page 2 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) LOCATION MAP Page 3 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) CURRENT ZONING Page 4 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) REVISED SITE PLAN SUBMITTED MAY 7, 2014 Page 5 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) REVISED SITE PLAN SUBMITTED OCTOBER 28, 2004 (RZ04-116) Page 6 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) Existing Conditions to be Modified 1. To the owners agreement to restrict the use of the subject property as follows: c. No more than 33 townhouse dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional . 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution 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. 3. To the owner’s agreement to the following site development considerations for townhouse units: c. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. Proposed Modifications to Conditions 1. To the owners agreement to restrict the use of the subject property as follows: c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditi onal. d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a Page 7 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated May 7, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution 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. 3. To the owner’s agreement to the following site development considerations for townhouse units: c. To require conformance with the Georgia Department of Transportation (GDOT) requirements. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. History and Background The subject site was rezoned from C-1 (Community Business) and M-1 (Manufacturing) to MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Page 8 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) Since the time of the rezoning in 2004, the northeast and southwest quadrants have been developed as approved. The southeast quadrant has remained undeveloped other than the existing structures on the 22.3 acres. The applicant has submitted a site plan that proposes to reduce the approved density for the office, commercial retail, and eliminate the day care facility along Birmingham Road. They are proposing to replace some of the townhouse units previously developed with single family detached homes. In addition, the applicant has indicated that they will develop the property, but will seek a homebuilder to build the residential portion and market the non-residential portion for future development. Staff has included the original approved zoning conditions pursuant to RZ04-116 at the end of the report for reference and background. CZIM Meeting – May 27, 2014 The applicants were present at the meeting as well as nine members of the community. They voiced the following concerns and issues regarding the proposed development: 1. What will be the design of the homes on the site? There should be specific types of designs and elevations for the development and these should be included in the conditions of zoning. 2. Wanted to ensure that the higher-density residential and non-residential be conditioned to the approximate 6.6 acres and not “spill” into the AG-1 property to the south or east. 3. Suggested a more “rural” feel to the street pattern with granite curbing, gas lights, and an organic pattern to the landscaping. 4. Asked that an internal pedestrian path system be provided that connects with Birmingham Highway and Birmingham Road for subsequent connection to Birmingham Park to the northwest. Analysis and Recommendation Staff will review and make recommendations for each request individually. 1. To the owners agreement to restrict the use of the subject property as follows: c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. Staff is in support of the above request to include single family dwelling units in the development within the 6.63 acres. The MIX (Mixed Use) zoning district allows the applicant to dictate the development s tandards for the site. The proposed site plan indicates the single family detached lots are at a minimum of 40 feet wide. The applicant is also indicating that the side setbacks will be 5 feet for a total separation of 10 feet between homes. It is Staff’s opinion that a 30 foot wide home will not provide sufficient Page 9 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) width to build a house that is in character with the area. The site plan does indicate that all the residential units will be a rear loaded product with driveways accessed from the proposed alley ways and will be included in the Recommended Conditions. The applicant has not provided specific elevations associated with the lots to ensure that the overall character for Birmingham Crossroads will be achieved. Staff will include a condition that require that prior to the issuance of a building permit, the City Architect will review the elevations for 360 degree architecture and consistency with the Characteristics of Northwest Fulton Crossroads communities (soon to be called the Characteristics of Rural Milton Overlay). The existing condition, 1.f. requires a minimum heated floor area of 1,500 square feet per dwelling unit. Staff recommends the following development standards for the single family detached lots be included in the Recommended Conditions: Front Yard Setback: 10 feet Side Yard Setback: 5 feet Rear Yard Setback: 10 feet Minimum Lot Width for detached dwellings: 50 feet Minimum Lot Frontage: 35 feet Height: 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. Units shall be rear entry access via alley ways Staff recommends the following development standards for the proposed townhouses be included in the Recommended Conditions: Front Yard Setback: 10 feet Rear Yard Setback: 10 feet Height: 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. A minimum of 80% of common wall shall be contiguous with each adjoining unit. Units shall be rear entry access via alley ways Based on the above analysis, Staff recommends APPROVAL CONDITIONAL to modify Condition 1.c. with the above stated conditions. 1. To the owners agreement to restrict the use of the subjec t property as follows: d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional. Page 10 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) The applicant is requesting to delete the required 10,000 square foot day care facility as described above. The revised site plan indicates a 5,300 square foot commercial building which appears to be one story in height. In addition, Staff notes that although all the non- residential buildings indicate commercial, there is a note on the site plan received on May 7, 2014 stating “Commercial to be a mix of office, restaurant and retail, total square footage not to exceed the amount noted in zoning condition 1.a.” Staff is in support of this request based on the fact that the proposed day care facility did not appear to be developed with the required development standards including a lack of parking within the development. Therefore, Staff recommends APPROVAL to delete Condition 1.d. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated May 7, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution 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. The applicant is proposing to replace the 2004 site plan with the revised site plan submitted on May 7, 2014. After analyzing the approved site plan from 2004, it appears that there was not enough space to provide the required parking for the proposed density and mix of uses and it was unrealistic to see it developed as depicted. The intent of the rezoning in 2004 was to create a mixed use village that was consistent with the Birmingham Crossroads Plan and the Birmingham Crossroads Overlay District. Since that time, the northeast and southwest corners have been developed with non - residential uses. The subject site is zoned MIX (Mixed Use) with approximately 6.63 acres and the remainder is AG-1 (Agricultural). Within the 6.63 acres the applicant is proposing to allow single family detached homes in addition to the townhomes as well as decreasing the amount of non-residential. It is Staff’s opinion to insure that the overall intent of a village is realized, that the residential portion of the site be developed concurrently with the non-residential. Therefore, Staff is recommending that a condition be included stating the following: At the time of the eleventh (11) residential building permit located on the MIX (Mixed Use) portion of the development, building permits shall be issued for the four non-residential buildings depicted on the site plan submitted on May 7, 2014. At the time the 21st residential building permit is issued, Certificates of Occupancy shall be issued for the shells of the four non-residential buildings depicted on the site plan submitted on May 7, 2014. Page 11 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) The site plan submitted on May 7, 2014 identified as “open space area, future commercial” along Birmingham Road, is inconsistent with the original site plan and Plan Policy of the Birmingham Crossroads Plan that requires a village green in the southeast and northeast quadrants. The village green is recommended to be at least 50 feet wide and 13,000 square feet in area. Therefore, Staff will include a condition that this area remains a village green as described above. The Birmingham Crossroads Plan also stated that Birmingham Crossroads will be pedestrian oriented and encouraged for pedestrian and bicycle connections to the Birmingham Park. The site plan does not indicate internal paths that would ultimately provide accessibility to Birmingham Park via the frontage on the west side of Birmingham Hwy north of Hickory Flat Road. Therefore, Staff will include a condition to include an internal path within the entire development including the AG-1 portion. 3. To the owner’s agreement to the following site development considerations for townhouse units: c. To require conformance with the Georgia Department of Transportation (GDOT) requirements. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. The Public Works Department is in support of this request. Additional conditions are also included in the Recommended Conditions as they pertain to traffic improvements for the site. Therefore, Staff recommends APPROVAL CONDITIONAL to revise Condition 3.c. Page 12 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (RZ04-116) should be revised to read as follows: 1. To the owners agreement to restrict the use of the subject property as follows: (a.and b; extra d. through f. see Fulton County Conditions attached) c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated May 7, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution 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. see Fulton County Conditions attached) 3. To the owner’s agreement to the following site development considerations for townhouse units: (a. and b. see Fulton County Conditions attached) c. To require conformance with the Georgia Department of Transportation (GDOT) requirements. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. (d. and e. see Fulton County Conditions attached) f. Front Yard Setback: 10 feet g. Rear Yard Setback: 10 feet h. Height: 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. i. A minimum of 80% of common wall shall be contiguous with each adjoining unit. j. Units shall be rear entry access via alley ways Page 13 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 4. To the owner’s agreement to abide by the following requirements, dedication, and improvements: (a. through h. see Fulton County Conditions attached) i. Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 35 feet of right-of-way from the centerline of SR 372/Birmingham Hwy along the entire property frontage or as may be required by GDOT. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 372/Birmingham Hwy and Birmingham Rd according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. iii. Provide a 50 foot wide pedestrian easement free of any structures or above ground utilities for future pedestrian inter- parcel access on the east property line on land lot 413 as required and approved by the City of Milton Public Works Department. j. Access to the site and installation/modification of transportation infrastructure shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. At a minimum, provide: i. SB left turn lane on SR 372 at new access drive ii. WB left turn lane on Birmingham Road iii. EB deceleration lane on Birmingham Road iv. Entrance driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Birmingham Hwy and Birmingham Rd to the edge of any interior drive aisle or parking space. v. Entrance improvements on Birmingham Rd shall be directly across from Publix Shopping Center existing driveway. k. Cross parcel access to the adjacent commercial tract to the north should be provided through the commercial areas. Convert the public access right of way between the residential lots 17-30 to private alley. l. Eliminate the public right of way on all alleys. m. Provide adequate sight distance at all intersections, eliminate on street parking as necessary. n. All street improvements shall extend across the entire street frontage. Sufficient right of way shall be dedicated to ensure that all improvements are contained within the right of way. Page 14 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) o. Provide a minimum right of way of 1’ behind the proposed sidewalk throughout the development. p. Provide a minimum of 24” curb and gutter on the typical section. Ten foot lane width is measured from the edge of the gutter pan. 5. To the owner’s agreement to abide by the following: (a. through n. see Fulton County Conditions attached) o. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Side slopes for the stormwater management facility shall be no steeper than 4:1 unless otherwise approved by Public Works Director. p. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. 6. To the owner’s agreement to the following site development considerations: a. Single family detached lots shall provide: i. Front Yard Setback: 10 feet ii. Side Yard Setback: 5 feet iii. Rear Yard Setback: 10 feet iv. Minimum Lot Width: 50 feet v. Minimum Lot Frontage: 35 feet vi. Height: 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. vii. Units shall be rear entry access via alley ways b. At the time of the eleventh (11) residential building permit located on the MIX (Mixed Use) portion of the development, building permits shall be issued for the four non-residential buildings depicted on the site plan submitted on May 7, 2014. At the time the 21st residential building permit is issued, Certificates of Occupancy shall be issued for the shells of the four non-residential buildings depicted on the site plan submitted on May 7, 2014. Page 15 of 15 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) c. Provide a village green on the south side of Birmingham Road and west of the primary entrance off of Birmingham Road. It shall be a minimum of 50 feet in width and a minimum of 13,000 square feet in area. d. Provide internal pedestrian trails within the MIX and AG-1 districts to provide future connection with Birmingham Park. e. For residential structures, architectural elevations shall be reviewed and approved by the City Architect prior to the issuance of a building permit. These structures shall be consistent with consistent with the Characteristics of the Northwest Fulton Crossroads Community (Sec 64- 1150) (In the future will be referenced as the “Rural Milton Overlay”) and provide 360 degree architecture. INTEROFFICE MEMORANDUM TO: Mark Massey, Clerk to the Commission w •• FROM: Steven R. Cover, AICR, Director��(::� Environment and Community Development III T.. rl 1+ DATE: February 18, 2005 FULTON CDUNTY SUBJECT: Clarification of Zoning Condition 1.a. Petitions 2004Z -0116 NFC & 2004VC-01 78 NFC Birmingham Highway CONSENT AGENDA - March 2, 2005 FOR SPREADING ON THE MINUTES: ENVIRONMENT AND COMMUNITY DEVELOPMENT — Clarification of Zoning: Request approval of Clarification of Zoning condition pursuant to petitions 20042 -0116 NFC and 2004VC-0178 NFC. On November 3, 2004, the Board of Commissioners approved the above referenced petitions on 6.63 acres within the southeast quadrant of the Birmingham Node at a maximum density of 1,266.97 gross square feet per acro zoned for retail, service commercial uses and 5,671.2 square feet per acre for office uses. However, the ratified conditions included the wrong acreage and square footage. Condition 1 .a. should be changed to reflect the appropriate acreage and square footage approved by the Board of Commissioners within the southeast quadrant of the Birmingham Node. Therefore, pursuant to petition 20042-0116 NFC, condition 1.a. should read as follows: Condition'! a. To the owner's agreement to restrict the use of the subject property as follows: a. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,266,97 gross square feet per acre zoned for retail, service commercial uses and 5,671.2 square feet per acre for office uses or a total of 8,400 square feet of retail, service commercial and 37,600 square feet of office, whichever is less, but excluding, billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. cc:Board of Commissioners (7) Alice Wakefield, Deputy Direc Randy Beck, Planning Analysis Manager Abdul Akbar, Engineering Applicant: A.G. Armstrong Development, LLC Representative: Larry Dingle File: 2004Z-01 16 NFC 20042-0 116 f:1plannersleases\Clarifcations\CLAR04Z-1 16 *Economic Development Department* Emergency Communications Department* •Environment &Community Development•Fire Department • *Parks & Recreation *Police Department* Public Warks• Commission Chair Handel - "Okay. The motion to reconsider passes. I make a motion to rescind the previous action." Commissioner Edwards - "Second." Commission Chair Handel - "Okay. That passes and now we will consider this case. Can you sound the case, Mr. Clerk?" Commissioner Riley requested Public Works Assistant Director Tim Equels to be involved with the applicant and the community in regard to the analysis and to prepare the Board a report pertaining to the responsibilities and mitigation for this area. A motion was made by Commissioner Riley and seconded by Commissioner Edwards to defer for 30 days to review water management and stormwater drainage for this site and the adjoining property. The motion carried by a vote 6-0-0. Commission Chair Handel, Vice Chair Boxill, and Commissioners Riley, Lowe, Darnell, and Edwards voted yes. Commissioner Pitts was absent. 04-1189 PETITION 920042 0116 FCN, BIRMINGHAM ROAD - APPLICATION OF A. G. ARMSTRONG, SEEKS A REZONING FROM AG -1 (AGRICULTURAL), C-1 (COMMUNITY BUSINESS) AND M-1 (LIGHT INDUSTRIAL) TO MIX (MIXED USE) ZONING CLASSIFICATION (APPROVED) 04-1190 PETITION #2004VC 0178 - APPLICATION OF A. G. ARMSTRONG, SEEKS A REZONING FROM AG -1 (AGRICULTURAL), C-1 (COMMUNITY BUSINESS) AND M-1 (LIGHT INDUSTRIAL) TO MIX (MIXED USE) ZONING CLASSIFICATION (APPROVED) HEARD AND VOTED UPON WITH ITEMS O4-0966 AND 04-0967. A motion was made by Commissioner Riley and seconded by Commissioner Lowe to approve 20042 0043 based on the alternate conditions, approve 20042 0016 pursuant to the revised alternate conditions dated November 3, 2004, approve the concurrent variance along the east side adjacent to the electric power substation, and spread the support agreement on the minutes. The motion carried by a vote of 6-0-0. Commission Chair Handel, Vice Chair Boxill, and Commissioners Riley, Lowe, Darnell, and Edwards voted yes. Commissioner Pitts was absent. There being no objection, Petitions 20042 0116 and 2004VC 0178 were approved subject to the following Zoning Resolution and Recommended Conditions: RESOLUTION A RESOLUTION TO AMEND THE 1955 ZONING RESOLUTION REGULAR MEETING, NOVEMBER 3, 2004 85 OF FULTON COUNTY WHEREAS, proper notice of this amendment has been published once a week for two weeks in the newspaper in which the Sheriff's advertisements are published, which notice stated the nature of the proposed change and the date, hour and place at which the Board of Commissioners of Fulton County would hold a public hearing on said amendment, said notice having been published on the following dates: 09121104; WHEREAS, said proposed amendment was submitted to the Planning Commission, and said Planning Commission has held a public hearing thereon, and has made its recommendation to the Board of Commissioners of Fulton County; NOW, THEREFORE, BE IT RESOLVED that the 1955 Zoning Resolution adopted by the Board of Commissioners of Fulton County on March 11, 1955, and recorded in Minute Book W-1, pages 180 continuous of the Minutes of the Board of Commissioners of Fulton County, and heretofore amended, be and the same is hereby further amended as follows: CONDITIONS: PER PLANNING STAFF'S MEMORANDUM RECEIVED 10129/04: REVISED ALTERNATE CONDITIONS - 11/03/04 If this petition is approved by the Board of Commissioners, it should be approved MIX (Mixed Use) CONDITIONAL and AG -1 (Agricultural) 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 Intent, these conditions shall supersede unless specifically stipulated by the Board of Commissioners. 1. To the owner's agreement to restrict the use of the subject property as follows: a. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, on 8.5 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 988.24 gross square feet per acre zoned for retail, service commercial uses and 4,423.53 square feet per acre for office uses or a total of 8,400 square feet of retail, service commercial and 37,600 square feet of office, whichever is less, but excluding, billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. REGULAR MEETING, NOVEMBER 3, 2004 86 b. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, on 2.79 acres within the Southwest Quadrant of the Birmingham Neighborhood Node at a maximum density of 8,316.85 gross square feet per acre zoned or a total of 23,204 square feet, whichever is less, but excluding, billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. No more than 33 townhouse dwelling units on"6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 3-.W 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,440 square foot day care facility on &5. 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1, 176.4 1,508.3 gross square feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A community park, community septic system and residential development on one acre minimum lots on 13.587 acres outside the Birmingham Neighborhood Node within the southeast quadrant of the intersection of Birmingham Highway and Birmingham Road said acreage is to be zoned AG -1 (Agricultural) Conditional. e. To provide an executed copy of a Deed of Conservation Easement between the landowner and a third party which maintains the park in perpetuity prior to the issuance of the first Certificate of Occupancy for the development. Provide a minimum heated floor area of 1,500 square feet per dwelling unit. 2. To the owner's agreement to abide by the following: To the revised site plan dated October 28, 2004 (Petitions 2044Z-4116 NFC and 2004Z-0443 NFC combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution 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. Limit development to a maximum of 15,400 square feet of office uses and a maximum 15,000 square feet of retail uses until such time as a LDP (Land REGULAR MEETING, NOVEMBER 3, 2004 87 Disturbance Permit) is issued on property pursuant to zoning petition 20042-0043 NFC. 3. To the owner's agreement to the following site development considerations for townhouse units: a. No more than two (2) exit/entrances on the south side of Hickory Flat Road. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. b. No more than one (1) exit/entrance on the south side of Birmingham Road. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. C. No more than one (1) exit/entrance on the south west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. d. No residential lot shall be allowed direct access to Birmingham Road or Birmingham Highway. e. Reduce the 75 -foot buffer and 10 -foot improvement setback along the east property line of the southeast pod to a 10 -foot landscape strip planted to buffer standards. (2004VC-0178 NFC - Part 1 _) 4. To the owner's agreement to abide by the following requirements, dedication and improvements: a. Reserve for Fulton County along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers may straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 14 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation. 55 feet from centerline of Birmingham Highway (5R 372) or as may be required by the Georgia Department of Transportation; 45 feet from the centerline of Hickory Flat Road; and 45 feet from the centerline of Birmingham Road. REGULAR MEETING, NOVEMBER 3, 2044 88 b. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of- way from the hack of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved: 30 feet from centerline of Birmingham Highway (SR 372) or as may be required by the Georgia Department of Transportation. 30 feet from the centerline of Hickory Flat Road; and 30 feet from the centerline of Birmingham Road. C. Provide a deceleration lane for each project entrance or as may be required by the Fulton County Traffic Engineer. d. Provide a left turn lane for each project entrance or as may be required by the Fulton County Traffic Engineer. Provide signaiization at the intersection of Birmingham Highway and Hickory Flat Road/Birmingham Road as required by the Fulton County Traffic Engineer. Provide a traffic impact mitigation plan to reduce the number of vehicular trips generated by the development to the Fulton County Traffic Engineer at the concept review phase. g. Improve intersection of Birmingham Highway/Birmingham Road and Hickory Flat Road per Fulton County Traffic Engineer. h. Provide roundabouts on Birmingham Road at the project entrances to eliminate the requirement for additional turn lanes or as may be approved by the Fulton County Traffic Engineer. 5. To the owner's agreement to abide by the following: a. Prior to submitting the application for a {LDP} with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit. b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP. REGULAR MEETING, NOVEMBER 3, 2004 89 C. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals. Prior to submitting the application for an LDP, the developer and/or engineer shall submit to the SWMP, through the Development Review Division, a project Storm Water Concept Plan. This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water. The concept plan shall specifically address the existing downstream oft -site drainage conveyance system(s) that the proposed development surface runoff will impact, and the discharge path(s) from the outlet of the storm water management facilities to the off-site drainage system(s) and/or appropriate receiving waters. As part of the Storm Water Concept Plan submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site drainage system(s) points of constraint. The capacity analysis shall determine the capacity of all existing constraint points, such as pipes, culverts, etc. from the point of storm water discharge at the proposed development site boundary downstream to the confluence of the receiving drainage course at a point where the drainage area is at least ten times the proposed development site area and the next downstream drainage area having a drainage area of fifty acres or more. The critical capacity points shall be selected based upon the engineer's field observation, professional judgment and limited field survey data. The analysis shall identify the downstream properties pre and post -development 100 -year water surface elevations, and for any post -development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable offsite drainage easement to accommodate the 100 -year storm flow through impacted properties where Fulton County has completed a model of the basin, it shall be used by the developer in the analyses. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre -development sheet flow conditions. A description of the method proposed to achieve post -development sheet flow conditions shall be provided as part of the Storm Water Concept Plan. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse. REGULAR MEETING, NOVEMBER 3, 2004 90 A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan. g. The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed and cleaned, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended. h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit or Building Permit associated with the development. The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit. k. With the application for an LDP, provide documentation (such as channel cross- sections, centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post -development channel bank protection measures. REGULAR MEETING, NOVEMBER 3, 2004 91 The developer/engineer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre -development conditions for the 1 -year frequency storm event, up to and including the ten (10) -year frequency storm event. M. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development. The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other minimal incidental flows specifically approved by the Director of Public Works, bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement_ Final plans shall provide for collection, conveyance and treatment of all but approved incidental flows from developed lots or parcels, individual residences or building structures. n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment should be 48 hours. 04-1191 PETITION #2004U 0011 FCN, KING CIRCLE — APPLICATION OF GEORGIA MEDITATION CENTER, INC., BY SHU CHIH FAN, SEEKS A USE PERMIT FOR A MEDITATION CENTER IN AN AG -1 (AGRICULTURAL) ZONING CLASSIFICATION; ALSO SEEKS A TWO- PART CONCURRENT VARIANCE (PERMITTED WITHDRAWAL) 04-1192 PETITION #2004VC 0145 FCN, KING CIRCLE - APPLICATION OF GEORGIA MEDITATION CENTER, INC., BY SHU CHIH FAN, SEEKS A USE PERMIT FOR A MEDITATION CENTER IN AN AG -1 (AGRICULTURAL) ZONING CLASSIFICATION; ALSO SEEKS A TWO- PART CONCURRENT VARIANCE (PERMITTED WITHDRAWAL) Mark Massey, Clerk to the Commission - "Page 15. Two Related Cases. 04-1191. Case No. 2004U-0011. And 04-1192. Case No. 2004VC-0145. King Circle. Staff." Ms. Alice Wakefield, Deputy Director, Planning and Zoning Division - "This is a mod -- I'm sorry. This is a Use Permit for a medmeditation and worship center. The petitioner is also requesting a two-part concurrent variance. Although, the recommendation of the Community REGULAR MEETING, NOVEMBER 3, 2004 92 ORDINANCE NO. PETITION NO. ZM14-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ04-116 ON NOVEMBER 3, 2004, PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND BIRMINGHAM ROAD WITHIN LAND LOTS 379, 380, 413, 414, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 22.3 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 16, 2014 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition RZ04-116 that approved a zoning to MIX (Mixed Use) property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of a total of approximately 22.3 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereb y approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16h day of June, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (RZ04-116) should be revised to read as follows: 1. To the owners agreement to restrict the use of the subject property as follows: (a.and b; extra d. through f. see Fulton County Conditions attached) c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated May 7, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution 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. see Fulton County Conditions attached) 3. To the owner’s agreement to the following site development considerations for townhouse units: (a. and b. see Fulton County Conditions attached) c. To require conformance with the Georgia Department of Transportation (GDOT) requirements. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. (d. and e. see Fulton County Conditions attached) f. Front Yard Setback: 10 feet g. Rear Yard Setback: 10 feet h. Height: 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. i. A minimum of 80% of common wall shall be contiguous with each adjoining unit. j. Units shall be rear entry access via alley ways 4. To the owner’s agreement to abide by the following requirements, dedication, and improvements: (a. through h. see Fulton County Conditions attached) i. Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 35 feet of right-of-way from the centerline of SR 372/Birmingham Hwy along the entire property frontage or as may be required by GDOT. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 372/Birmingham Hwy and Birmingham Rd according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. iii. Provide a 50 foot wide pedestrian easement free of any structures or above ground utilities for future pedestrian inter- parcel access on the east property line on land lot 413 as required and approved by the City of Milton Public Works Department. j. Access to the site and installation/modification of transportation infrastructure shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. At a minimum, provide: i. SB left turn lane on SR 372 at new access drive ii. WB left turn lane on Birmingham Road iii. EB deceleration lane on Birmingham Road iv. Entrance driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Birmingham Hwy and Birmingham Rd to the edge of any interior drive aisle or parking space. v. Entrance improvements on Birmingham Rd shall be directly across from Publix Shopping Center existing driveway. k. Cross parcel access to the adjacent commercial tract to the north should be provided through the commercial areas. Convert the public access right of way between the residential lots 17-30 to private alley. l. Eliminate the public right of way on all alleys. m. Provide adequate sight distance at all intersections, eliminate on street parking as necessary. n. All street improvements shall extend across the entire street frontage. Sufficient right of way shall be dedicated to ensure that all improvements are contained within the right of way. o. Provide a minimum right of way of 1’ behind the proposed sidewalk throughout the development. p. Provide a minimum of 24” curb and gutter on the typical section. Ten foot lane width is measured from the edge of the gutter pan. 5. To the owner’s agreement to abide by the following: (a. through n. see Fulton County Conditions attached) o. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Side slopes for the stormwater management facility shall be no steeper than 4:1 unless otherwise approved by Public Works Director. p. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. 6. To the owner’s agreement to the following site development considerations: a. Single family detached lots shall provide: i. Front Yard Setback: 10 feet ii. Side Yard Setback: 5 feet iii. Rear Yard Setback: 10 feet iv. Minimum Lot Width: 50 feet v. Minimum Lot Frontage: 35 feet vi. Height: 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. vii. Units shall be rear entry access via alley ways b. At the time of the eleventh (11) residential building permit located on the MIX (Mixed Use) portion of the development, building permits shall be issued for the four non-residential buildings depicted on the site plan submitted on May 7, 2014. At the time the 21st residential building permit is issued, Certificates of Occupancy shall be issued for the shells of the four non-residential buildings depicted on the site plan submitted on May 7, 2014. c. Provide a village green on the south side of Birmingham Road and west of the primary entrance off of Birmingham Road. It shall be a minimum of 50 feet in width and a minimum of 13,000 square feet in area. d. Provide internal pedestrian trails within the MIX and AG-1 districts to provide future connection with Birmingham Park. e. For residential structures, architectural elevations shall be reviewed and approved by the City Architect prior to the issuance of a building permit. These structures shall be consistent with consistent with the Characteristics of the Northwest Fulton Crossroads Community (Sec 64-1150) (In the future will be referenced as the “Rural Milton Overlay”) and provide 360 degree architecture. REVISED SITE PLAN RECEIVED ON MAY 7, 2014 HOME OF ' E S TA IM S H ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-04 — 305 Crooked Stick Drive Zoned CUP (Community Unit Plan) to Modify Condition 1.e. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback from the Property Line of the C.U.P. to 50 Feet by C.D. Hays. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES YNO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY () APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: REMARKS ©* Your PHONE: 678,242.25001 FAX: 678.242.2499 Green 4P* Certified t fOp 1e6 infoOcityofmiltonga.us www.cltyofmifFonga.us Community ELh °� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a`` Page 1 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) ZM14-04 PROPERTY INFORMATION ADDRESS 305 Crooked Stick Drive (Lot 12) DISTRICT, LAND LOT 2/2, 807 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING CUP (Community Unit Plan) (RZ85-181 – Fulton County) ACRES 2.5 EXISTING USE Single Family Residence OWNER C.D. Hays 805 Honors Circle Milton, GA 30004 REPRESENTATIVE Jason Coleman Coleman Homes, Inc. 6175 Windward Parkway Alpharetta, GA 30005 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 16, 2014 ZM14-04 – APPROVAL CONDITIONAL INTENT To modify Condition 1.e. (RZ85-181) to the following: To reduce the 100 foot building setback from the property line of the C.U.P. to 50 feet. Page 2 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) LOCATION MAP Page 3 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) CURRENT ZONING Page 4 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) SITE PLAN SUBMITTED MAY 5, 2014 Page 5 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) Condition to be Modified 1. To the owners agreement to restrict the use of the subject property as follows: e. Provide at least a 100 foot building setback from the property line of the CUP (Community Unit Plan). Analysis and Recommendation The subject site is located within the Estates at Atlanta National which is zoned CUP (Community Unit Plan) pursuant to RZ85-181 and is developed with a single family residence. Within the conditions of zoning, a 100 foot setback from the property line of the CUP is required. Since the incorporation of the City, there have been five approved modification requests to reduce the 100 foot setback. The applicant is requesting to reduce the 100 foot setback to a 50 foot setback along the south property line. The purpose of the proposed reduction is to construct a hearth, gazebo, and arbor. Based on the topography, a pair of retaining walls parallel to each other for a length of approximately 130 feet creates a planter is proposed to be constructed as well. Staff notes that the adjacent property to the south is a portion of the Capital City Club and is undeveloped. There was no one in attendance at the Community Zoning Information Meeting on May 27, 2014. The proposed additions to the existing lot will not impact the entire width of the south property line, but approximately 130 feet and should only have a minimal impact to the property to the south. Therefore, Staff recommends APPROVAL CONDITIONAL to modify Condition 1.e. as requested. Page 6 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended condition (RZ85-181) should be revised to read as follows: 1. To the owners agreement to restrict the use of the subject property as follows: e. Provide at least a 100 foot building setback from the property line of the CUP (Community Unit Plan) except for lot #12 (305 Crooked Stick Drive) shall provide a 50 foot building setback along the south property line. Wd HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-05 — 16720 Quayside Drive Zoned CUP (Community Unit Plan) to Modify Condition 3.a. (RZ06-70) to the following, To Reduce the Front Setback from 30 Feet to 28 Feet and 3 Inches by Jane A. Schwartz. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND 1NFORMAiION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES XNO CITY ATTORNEY REVIEW REQUIRED: O YES KNO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® you *** Green = PHONE: 678.242.2500 1 FAX: 578.242.2499 �® *C"i �r info@cityofmiltonga.us j www.cityofm1Ronga.us [Ommunity ���� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) ZM14-05 PROPERTY INFORMATION ADDRESS 16720 Quayside Drive (Lot 48) DISTRICT, LAND LOT 2/2, 265, 266 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING CUP (Community Unit Plan) (RZ06-70 – Fulton County) ACRES 1.01 EXISTING USE Single Family Residence OWNER Jane A Schwartz 16720 Quayside Drive Milton, GA 30004 REPRESENTATIVE Tommy Fuqua Fuqua and Associates 700 Barberry Drive Alpharetta, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 16, 2014 ZM14-05 – APPROVAL CONDITIONAL INTENT To modify Condition 3.a. (RZ06-70) to the following: To reduce the front setback from 30 feet to 28 feet and 3 inches. Page 2 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) LOCATION MAP Page 3 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) CURRENT ZONING Page 4 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) SITE PLAN SUBMITTED MAY 5, 2014 Page 5 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) Condition to be Modified 3. To the owners agreement to the following site development considerations: a. The minimum design standards are: Minimum Front Yard Setback: 30 feet Analysis and Recommendation The subject site is located in Kingsley Estates which is zoned CUP (Community Unit Plan) pursuant to RZ06-70 and is developed with a single family residence. After an as built survey was completed, it was discovered that a small portion of the existing house encroached into the minimum front yard setback at 28 feet, 4 inches. Therefore, the applicant is requesting that Condition 3.a. be modified from 30 feet to 28 feet, 3 inches. There was no one in attendance at the Community Zoning Information Meeting on May 27, 2014. Based on the small encroachment that does not negatively impact the existing lot or nearby properties, Staff recommends APPROVAL CONDITIONAL to modify Condition 3.a. as requested. Page 6 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) CONDITIONS OF APPROVAL ZM14-05 16720 QUAYSIDE DRIVE (LOT 48) Should the Mayor and City Council approve this petition, the recommended condition (RZ06-70) should be revised to read as follows: 3. To the owners agreement to the following site development considerations: a. The minimum design standards are: Minimum Front Yard Setback: 30 feet except for 16720 Quayside Drive (Lot 48) – 28’ 3” HOME OF ' N-1-1-LTONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ13-22 — To Amend Chapter 64, Article VI1, Division 6 Northwest Fulton Overlay District MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. APPROVED CITY ATTORNEY APPROVAL REQUIRED: kYES CITY ATTORNEY REVIEW REQUIRED: K YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR.- REMARKS OR: REMARKS APPROVED Oboz t4 (J NOT APPROVED () NO () NO O NOT APPROVED ©W,You(m) PHONE: 678.242.25001 FAX: 678.242.2499 fir, Gie en 0"; C.en;aea + rop 16R intofcityofmiitonga.us 1 www.cifyofmilfonga.us ""'� Communi#y CityELhLCSof 13000 Deerfield Porkwoy, Suite 107 1 Milton GA 30004 ' To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted May 26, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ13-22 – To Amend Chapter 64, Article VII, Division 6 Northwest Fulton Overlay District Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: The Northwest Fulton Overlay District was adopted by the Fulton County Board of Commissioners in 1999 and amended in 2003. Since the incorporation of the City of Milton, there have been minor amendments but there has not been a major change to the overlay. After several petitions for Use Permits and practically applying the requirements, it was Staff’s opinion that it is time to make some major changes to the Overlay. Below are some highlights of those changes proposed by the Planning Staff: 1. Changed name to Rural Milton Overlay 2. Re-arranged the organization of the overlay: divided by type of use (Use Chart), not categories like landscaping, lighting, architecture made it easier to determine the requirements. 3. Suggested that demolition permits no longer go before the DRB as suggested by the DRB. However, the Planning Commission has requested that demolition permits remain for review by the DRB. 4. Added single-family residential under the purview of the Overlay with the following:  Requires a 60 foot view shed (40 feet undisturbed and 20 feet to allow grading but no structures).  Maximum percentage of lot coverage – 20%  Amended height requirement to 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. Page 2 of 2  Staff recommended that verbiage be included to encourage barrier free design (no step entrance, one bathroom door wide enough for wheel chair, etc.) Planning Commission recommended that this request be deleted to allow the market to provide the barrier free housing when demanded. 5. Provided more flexibility in design of accessory buildings within the institutional uses, i.e. not requiring windows for gymnasiums or storage buildings for schools. Planning Commission recommended that accessory buildings remain under the same development standards as primary structures. 6. Deleted section on towers and antennas. This is already controlled by Chapter 54 Telecommunications. 7. Amended the map to reflect the area, minus Crabapple Crossroads, now under the Form Based Code. 8. Worked with the City Arborist for verbiage to better clarify what is clear cutting and timber harvesting. In addition, the Planning Commission had discussions regarding the prohibition of clear cutting. 9. Improved and added requirements for stormwater management. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the Northwest Fulton Overlay District. Legal Review: Paul Frickey - Jarrard & Davis (March, 2014) Concurrent Review: City Arborist and Transportation/Stormwater Engineer Attachment(s): Text Amendment and Ordinance for RZ13-22 RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 1 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 DIVISION 6. NORTH WEST FULTONRURAL MILTON OVERLAY ZONING DISTRICT Subdivision I. - In General Sec. 64-1119. Purpose and intent. (a) The Northwest Fulton Rural Milton Overlay District including Birmingham Crossroads applies to all properties within the boundaries of the city as described in the attached map. The mayor and city council finds that historic rural areas and their scenic surroundings are important cultural, recreation and economic assets critical to the public's long-term interest and hereby declares it to be the purpose of this division to recognize and to establish a procedure to protect and plan for the county's city’s crossroads communities. The intent of this division is: (1) To develop guidelines for the preservation and perpetuation of a rural commercial crossroads communityies which includes Birmingham Crossroads, agricultural related uses, residential development and scattered existing commercial zoning districts within the Overlay District based on the description and analysis of their setting; (2) To preserve the integrity of the area, which developed during the late 19th century and early 20th century, through architectural design interpretation and application; (3) To preserve and protect the rural, agrarian and equestrian character of crossroads communities and their surrounding areas; (4) To preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting and informal landscaping especially along the rural viewsheds, including the implementation of the Milton Trail Plan; (5) To be aware and respectful of the environment's natural resources and visual qualities; (6) To preserve open space; (7) To preserve, encourage and promote, through the built environment, the sense of place, the sense of ownership, the sense of identity, the sense of evolution and the sense of community present in the area; (8) To ensure existing design characteristics of the crossroads and surrounding areas serve as a standard against which plans for new construction will be judged for harmony compatibility and appropriateness; (9) To encourage and ensure that development that is contemporary in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position and architectural qualities; RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 2 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 (10) To develop a commercial community setting that has individuality and is unique and does not imitate building types or styles unrelated to these crossroads communityies; (11) To provide for the construction of buildings and spaces that are human in scale, welcoming and approachable; (12) To encourage containment of existing commercial areas, to provide for transition between commercial areas and residential areas and discourage encroachment of the commercial areas into the residential areas; and (13) To promote sustainable development. (b) This division is adopted as part of a strategy designed for the purpose, among others, of preserving and protecting these areas and enhancing their important aesthetic appearance through regulatory measures, while advancing community development goals, promoting economic development and substantially protecting and promoting health, safety, order, prosperity and general welfare of the city's citizens. (c) Included within the scope are regulations governing the location of buildings on the site, the design and material of buildings and other structures, landscaping and screening provisions, signs, pedestrian circulation and other items. Whenever provisions in this division conflict with any other articles in this zoning ordinance, or other city ordinances, or regulations, the stricter of the twothe provisions of this division shall prevail. Sec. 64-1120. Design review board. (a) Composition. The City of Milton Design Review Board (DRB) shall consist of a seven-member board of residents, land owners, business owners, professional architects or land planners, who either maintain primary residences or businesses or own land in the city. (b) Appointment; term. Members of the city design review board shall be nominated by the mayor and district councilperson and approved by the city council. Members shall serve concurrently with the mayor and council's terms. (c) Elections; meetings. Members of the city design review board will elect a chairman and a vice- chairman. Meetings will be conducted in accordance with the latest edition of Robert's Rules of Order. (d) Review; recommendations. The city design review board shall review all plans for development in the city, except for single-family residential land uses and dwelling units, for compliance with the standards herein and shall make recommendations to the community development department prior to the approval of a building permit primary variance, rezoning, use permit and land disturbance permits RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 3 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 except for single family residential dwelling units . and for both residential and nonresidential structures for a demolition permit. (d) Review; recommendations. The city design review board shall review for compliance with the standards herein and shall make recommendations to the community development department prior to the approval for the following: i. building permits for commercial structures; ii. building permits for office structures ; iii. building permits for institutional structures; iv. building permits for multi-family residential dwelling units; v. building permits for townhouse, duplex, triplex, quadplex dwelling units; vi. building permits for accessory structures vii land disturbance permits except for single family residential; viii. primary variance requests; ix. rezoning requests; x. use permit requests; xi. all demolition permits. Comment [RM1]: Planning Commission did not support Staff’s recommendation to delete demolition permits from the review of the DRB based on the following: Suggested that Staff in the future provide “teeth” to assist in preserving certain structures; the need to allow the public to be aware of possible demolitions; Comment [RM2]: Please see reorganized (d) below. Comment [RM3]: Staff had recommended the removal of demolition permits to be reviewed by the DRB. See Comment 1 above. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 4 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 Sec. 64-1121 – Allowed Use Chart - The following chart identifies uses and their assigned categories. These uses are allowed by right (with asterisks) or required by use permit . It is the intent that some types of uses must comply with certain development standards outlined in the Rural Milton Overlay District. Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non Single Family Uses Single Family Uses Aircraft Landing Area Agricultural related activities Assisted living, personal care home Apartments Single Family homes* Amphitheatre Artist Studio Daycares related to church/school Country Inn Accessory structures to the SFR* Bed and Breakfast Barns or riding areas* Medical lodging, group residences Townhouses/Two family* Senior Housing (SFR) Driving Range Cemetery & Mausoleum Museums Senior Housing (MFR) Mobile homes, accessory dwelling (To be used as temporary dwelling while permanent structure is built.) Exotic or Wild Animals Composting Places of worship Group residence for 5-8 children Festivals or Events, outdoor/indoor Equine garment fabrication Schools, private/special Greenhouses – Hydroponic , larger than 5,000 square feet* Greenhouses* RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 5 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non Single Family Uses Single Family Uses Group residence for 9-15 children Lodge, retreat, or campground Kennel* Quarries & Surface Mining Landfill, inert waste disposal Roadside Stands* Landfill, solid waste Rural or Agricultural Event Facility Landscape Business Medical Related Lodging Race Track Recreational Fields Self Storage/multi Sky Walk Stadium (off-site) associated with private school Uses within the C-1, C-2, O-I Zoning Districts* Veterinary, Veterinary hospital* *Allowed by right within zoning district. Comment [RM4]: PC recommends that the Use Permit for Quarries & Surface Mining be deleted entirely. Comment [RM5]: PC recommended that the Use Permit for Race Track be deleted entirely. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 6 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 Secs. 64-11221—64-1139. Reserved. Subdivision II. Development Standards Sec. 64-1140. Established. This subdivision establishes standards for elements of the overall site and of the buildings which affect the character of the district such as: landscaping, fencing, lighting, building size, orientation, scale, setback, parking, building design, building material, building components, signs, and color. Sec. 64-1141 - Single Family Type Uses. (1) Landscaping. a. Rural Viewshed i. Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback for single family lots adjacent to exterior streets. Where sparsely vegetated, replant the undisturbed buffer in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed. ii. For structures located on lots adjacent to a rural viewshed, architectural elevations shall be reviewed 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 64-1155. iii. Clear cutting is discouraged. iiiiv. No clear cutting removal of vegetation is permitted on the site prior to the issuance of a land disturbance permit or building permit. (2) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV of the City Code). b. All facilities shall be designed to create a natural look. c. Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 7 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. (2) All detention ponds shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. (3) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater management Manual (chapter 20, article IV of the City Code). b. Facilities that are located above ground shall be located in the least conspicuous area of the site as engineering standards will allow. c. Above ground stormwater management shall be designated to create a natural look. f. The creation of shared stormwater management facilities are encouraged. (43) Height. a. 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. There shall be a maximum height of 25 feet from average finished grade. (54) Barrier Free Housing. a. Incorporate universal design elements whenever possible such as one zero-step entrance, main floor doorways of at least 32 inches of clear passage space, and a bathroom on the main floor in all new homes. (65) Lot Coverage. a. Lot coverage shall not exceed 20 percent for each individual lot. (76) Prohibited building components. a. The following building components shall be prohibited: steel metal gates, burglar bars, chain link fence, steel metal roll down curtains. Comment [RM6]: After staff review, increased the height from 25 to 28 feet. Comment [RM7]: Planning Commission recommended the removal of this requirement based on the opinion that the market will provide barrier free housing when there is a demand and not necessary to include it in the zoning ordinance. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 8 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 (7). Fencing and height. 1. In yards adjacent to an exterior street an equestrian fence is required. 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. 3. 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. 4. Opaque fences are prohibited in yards adjacent to an exterior street. Sec 64-1142 Requirements for Commercial and MultiNon Single-Family Type Uses (1) Landscaping. On property with commercial or non-single family type uses, thereon, Llandscaping should be compatible in form, style and design with the natural setting and informal landscaping present in the area and on the site before development. Landscaping should also be used as a buffer to screen a development from adjacent residential and agricultural uses. In addition, such property shall comply with the following: a. Streetscape and landscape strips. 1. All properties shall provide a minimum ten-foot-wide strip along all public streets. The ten-foot-wide strip shall be planted with a minimum 2½ inches to three inches caliper hardwood over-story. Additional over-story trees are encouraged. The ten-foot-wide strip may be developed either (see section 64-1142(2)b. for additional landscape and screening requirements): i. With hardscape elements such as plazas, planters, benches, fountains and tables in addition to the required hardwood trees; or ii. With landscape elements consisting of 60 percent coverage in trees and shrubs and 40 percent coverage in grass and ground cover pursuant to this zoning ordinance, and the city tree protection ordinance (chapter 60); or iii. With a combination of both landscape and hardscape elements. Comment [RM8]: Staff has created a new definition for fence, equestrian. Please see RZ14-01. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 9 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 2. Cluster planting is encouraged, however at a minimum, Ttrees shall be planted in the center of the landscape strip at a maximum distance of every 30 20 feet on average. Street trees are required to be planted at 1 per 30 feet. They may be planted in clusters per the City Arborist. 3. Specimen trees, as described in the chapter 60 (city tree protection ordinance(chapter 60), located within the minimum front yard shall be preserved. 4. A strip shall be planted with grass or sod between the back of curb or swale and the sidewalk or the Milton Trail per the applicable city code. b. Parking lot landscape islands. 1. There shall be a minimum ten-foot-wide landscape island at the end of each parking bay;. 2. There shall be a ten-foot-wide landscape island for every 72 feet of double row length or 90 feet of single row length of parking spaces;. 3. Landscape islands shall include one over-story shade tree per 180 square feet of landscape island area.; and 4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern and rectilinear layout. c. Landscape buffers 1. For sites on four acres or less, a 50-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 2. For sites on more than four acres, a 75-foot-wide undisturbed buffer or alternative screening design, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species shall be used. d. Property owners are encouraged to develop a green space for recreation and public enjoyment. e. No clear cutting removal of vegetation is permitted on the site prior to the issuance of a land disturbance permit or building permit. f. Clear cutting is discouraged. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 10 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 (2) Screening and fencing. Landscaping and fencing materials on property with commercial or non-single family usese thereon, should be used to minimize visual and noise impact of parking, loading areas, detention ponds, stormwater management areasfacilities, and accessory site features as set forth herein. a. All loading spaces shall be screened from view of any public street by either: 1. A 15-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs; or 2. Incorporated into the principal building. Shrubs shall be moderately growing, be a minimum height of 3½ to four feet at time of planting, and reach a height of six feet within two years of planting. b. All parking lots shall be screened from view of any public street by: 1. Aa 15-foot-wide landscape strip planted to buffer standards. Plants shall be a minimum height of 3½ to four feet at time of planting, and such plants shall reach a height of six feet within two years of planting (see section 64 -1141(1)a 1142 (1) a.) for additional landscape and screening requirements). c. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher than what is contained in the interior. The door enclosing the refuse area shall be made constructed out of an opaque non-combustible material and appearance must be consistent with the prevailing architecture . d. Accessory site features, as defined in each zoning district of this zoning ordinance, shall be placed in the least visible location from public streets, and shall be screened from view of any right -of- way or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by one of the following means: 1. Placement behind the principle building; or 2. Erection of a 100 percent opaque fencing, around the entire accessory structure which must be constructed of the same type of exterior material used for the building; or RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 11 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 3. By a vegetative screening,. Thewhich screening shall consist of evergreen shrubs, be 3½ to four feet at time of planting, and reach a height of six feet within two years or planting. e. Drive-throughs are prohibited. discouraged. However, if present, should be screened from view from the right-of-way and should be in scale and proportion to the building to which it is attached. (3) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV of the City Code). b. All facilities shall be designed to create a natural look. c. Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. f. If required, detention ponds shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. g. Stormwater management facilities 1. All facilities shall be in compliance with the Stormwater management Manual (chapter 20, article IV of the City Code). 2. Facilities that are located above ground shall be located in the least conspicuous area of the site as engineering standards will allow. 3. Above ground stormwater management shall be designated to create a natural look. 4f. The creation of shared stormwater management facilities is encouraged. h.(4) Fencing material andFencing and height. 1. In yards adjacent to an exterior street an equestrian fence is required. 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. Comment [RM9]: Staff has created a new definition for fence, equestrian. Please see RZ14-01. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 12 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 3. 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. 1. Allowed fencing material shall be three or four board wooden fencing with wood posts, in yards adjacent to a public street. 2. Fences in yards adjacent to a public street shall not exceed 55 inches from finished grade. 3. Retaining walls shall be constructed of stone and brick only. Retaining walls above three feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to a public street, except as set forth in subsections 2(d) and 2(e) of this section. (34) Pedestrian safety Construction of sidewalks and pedestrian amenities on property with commercial or non-single family uses thereon should encourage and promote walking to a development and within a development. The placement of sidewalks, pedestrian amenities, and the Milton Trail (See Chapter 48, Article VIII of the City Code) should contribute to the sense of place of the community. Sidewalks shall be constructed along public road frontages and at least a five-foot landscape strip shall be planted between the roadway or curb and the sidewalk or the Milton Trail, whichever applies. The sidewalk shall be set back from the back of curb the maximum distance allowable within the right-of-way. a. Mandatory requirements; pedestrian path design standards. 1. Proposed developments shall have a pedestrian network. 2. Paths shall comply with any applicable Americans with Disabilities Act standards for slope, width, texture, level differences, and ramps. 3. Paths shall be a minimum of five feet in width. 4. Paths shall be clearly identified through painting, signage and texture change. 5. In order to facilitate travel, paths shall not be obstructed by any object or structure. 6. Paths shall be designed to minimize direct auto-pedestrian interaction. 7. Paths shall be connected to signalized crosswalks, where applicable. Formatted: Indent: Left: 0", First line: 0" RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 13 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 8. Paths shall be a direct and convenient route between points of origin (i.e., bus stop) and destination (i.e., shop, bank, etc.) with the following exception: sidewalks and paths may meander to protect and maintain mature trees and other permitted landscape features. Meandering sidewalks are discouraged. 9. Internal walkways (paths) shall be constructed connecting the public sidewalk along the street to the main entrance of the principal use of the property. 10. Pedestrian paths shall be colored and/or textured walkways or sidewalks. b. Encouraged elements; pedestrian paths and public spaces. 1. To increase safety, grade separation is encouraged between pedestrian paths and motor vehicle access areas. 2. Paths are encouraged to be built alongside interesting and inviting features. Street furniture is encouraged to be located adjacent to any path. Street furniture includes, but is not limited to, benches, pedestrian scale lighting, trash receptacles, dog rubbish receptacles, and ganged mailboxes. 3. Community public spaces that promote gathering and have a park like design with streetscape and hardscape elements are encouraged. 4. Paths are allowed to perpendicularly cross landscape strips. 5. Granite curbing is preferred over other types of curbing. (45) Site lighting for parking lots, pedestrian paths and public entrances. Lighting on property with commercial or non-single family uses thereon should be compatible with the rural and historic setting of Milton. Lighting should be minimal while at the same time ample enough for safety and night viewing and be in compliance with the Night Sky Illumination (Chapter 64, Article II, Division 7). a. Parking lot lighting shall meet the following minimum standards: i. Light poles shall not exceed a height of 20 feet from finished grade. ii. Light poles shall not be allowed in tree islands. iii. Bases of light poles shall be compatible with the design of the primary building. iv. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 14 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 v. Allowable Light post pole arm styles shall be either Shepherd's Crook or Acorn. b. Pedestrian lighting shall meet the following minimum standards: i. Light postspoles shall not exceed a height of 15 feet from finished grade. ii. Light pole Allowable post styles are shall be either Shepard's Crook or Acorn. c. Light Postspoles shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. d. Prohibited styles: Shoe box and cobra styles are prohibited for light poles. e. Building-mounted lighting fixtures shall have a 45 degree light cutoff. f. All exterior lighting in publicly accessible locations shall be architecturally decorative with a historic style. g. Neon lighting is prohibited. h. Light housings and posts shall be a dark color/material and be nonreflective. i. Exterior lighting shall not exceed two-foot candles. (56) Building size, orientation, setback, height, scale and parking. The design and layout of a commercial or non-single family development should build upon and complement the design of crossroads communities as opposed to creating a new one. The size, orientation, setback and scale of buildings are integral elements of crossroads communities. A building's orientation and placement should complement and relate to adjacent buildings, structures and properties. The placement of buildings should create and informal grouping and relationship between them as opposed to being orderly and uniform. The location of a building should take into consideration its rural surrounding and take advantage of this by maintaining open views and spaces. Buildings should be in proportion, in scale and characteristic to their rural and natural setting. The building design and material should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be minimized by placing it to the rear and by screening. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building and are not required to meet the requirements except for height listed in Sec 64-1142 (5). All structures shall be subject to review by the City Architect prior to Design Review Board submittal. Such developments shall comply with the following. Comment [RM10]: Planning Commission recommends that this be deleted so as to meet the same standards as primary structures RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 15 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 a. Building Size. i. On a development of four acres or less, the maximum building size shall be 20,000 square feet. However, to encourage construction of multiple buildings, iIf two or more buildings are built, the total size of all buildings shall not exceedbe a maximum of 25,000 square feet, no single one of which shall exceed 15,000 square feet. ii. On developments larger than four acres, the maximum building size shall be 25,000 square feet. iii. A group of two or more buildings that share at least one contiguous wall will be considered as one building. b. Orientation. i. Buildings shall be oriented to a public street. An entrance to a building should be located on the side of the building facing a public street. ii. Accessory structures shall be located so as to be in the least visible from a public street position and shall conform to the setbacks for the district standards. iii. Driveways shall be perpendicular to the street. c. Setbacks. i. For all property and lots located adjacent to public rights-of-way and from zero to 400 feet or less from an intersection, buildings except for accessory structures shall be setback no more than 20 feet from the edge of the required landscape strip or easements. This 20-foot front yard area may be developed with a combination of landscape and hardscape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. Buildings shall have varying setbacks to create the informal crossroads community setting. ii. For all property and lots located adjacent to public rights-of-way and more than 400 feet or more beyond from an intersection, buildings except for accessory structures shall be set back no more than 30 feet from the edge of the required landscape strip or easements. This 30-foot front yard area may be developed with a combination of landscaping and hardscape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 16 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 iii. Buildings within a development shall have a minimum 20-foot separation between buildings. This area shall be developed as greenspace or with a combination of hardscape and landscaping. iv. In the case where If a building in a development cannot front a public street and meet the requirements of this article because other buildings are located there and no more space is available along the public street, then the building can front on an internal street in the development. The standards in this article that specifyregulating a building's position and relation to the street are also required for apply to a building fronting on an internal street. The internal streets will also have to meet the standards specified for the public right-of-way, including landscape and streetscape requirements. d. Height. i. There shall be a mMaximum building height limit of shall be two stories with the maximum height of 30 feet from average finished grade to the bottom of the roof eave. e. Scale. For every 80 feet of building length on a single face, there shall be variation in the exterior or as approved by the City Architect. This exterior variation shall be accomplished through the following means: i. For each 80 feet of building exterior wall, the building exterior and roof shall be offset by a minimum of ten feet. Overhangs and roof lines shall follow the building's location. ii. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. f. Parking. i. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in section 64 -1411. Additional reduction in the number of parking spaces is encouraged. ii. All parking spaces built, which exceed in excess of the minimum number required by the city zoning ordinance, shall be constructed of pervious material. iii. No on-site parking shall be located to the front of a building o r between a building and the public right-of-way (see section 64-11421(2)a.) regarding landscaping if parking is in view from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of- way. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 17 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 iv. If an internal street is developed for use by the general public, one row of parallel or diagonal parking is allowed between the street and the curb. (67) Building and other structure design. Construction of buildings in styles and types not found in Mi lton shall be avoided. Modern style using traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged. Exaggerated or excessively large or small architectural elements should be avoided. Elements should be in proportion with the overall building. In addition, buildings should reflect a specific style and not mix elements of different styles. The design and architectural elements of the buildings should be compatible to those of the area. In Milton, commercial buildings are built at the intersections of two major roads in a pattern of rural development called "crossroads communities." Residences are constructed at the edge of these crossroads communities. The overlay district seeks to replicate this pattern by having future nonresidential construction, built within 400 feet from the edge of the right -of- way of an intersection, include elements of the historic commercial buildings, and nonresidential buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements of the historic residential buildings. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building and are not required to meet the requirements listed in Sec 64-1142 (7). All structures shall be subject to review by the City Architect prior to Design Review Board submittal. With the foregoing purposes in mind, buildings and structures on property with a commercial or non-single family use thereon, shall comply with the following: a. Building design. i. All buildings constructed within 400 feet from the edge of right-of-way of an intersection of two public roads shall be designed in accordance with the predominant commercial building types (see section 64-11505). ii. All buildings constructed over 400 feet from the edge of right-of-way of an intersection of two public roads shall be designed in accordance with the predominant residential building types (see section 64-11505). b. Building material. i. Exterior wall materials shall consist predominately (a minimum of At least 80 percent of exterior walls shall consist) of one or a combination of the following materials: horizontal clapboard siding; brick; and stone or as approved by the City Architect. Vertical clapboard is Comment [RM11]: Planning Commission recommends that this be deleted so as to meet the same standards as primary structures RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 18 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to create the appearance of old brick. ii. Accent wall material (nNo more than 20 percent) of any exterior wall may consist of include glass, architecturally treated, precast stone. All shall have a natural appearance or a historic appearance or as approved by the City Architect. iii. Prohibited eExterior building walls shall not consist of materials are as follows: metal panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel. Exceptions are: mechanical penthouses and roof screens). c. Roof. i. Permissible rRoofs shall be types are gable, pyramidal, and or hip style. Shed roofs are permitted over porches, additions, and accessory structures. Roof pitches shall be between 8 over 12 and eight over 12 over 12, inclusive to 12 over 12 or as approved by the City Architect. ii. Roof material shall be made out of the following materials: asphalt shingle, wood shingle, wood shake, or standing seam metal. iii. Buildings with a minimum gross square footage of 15,000 square feet are allowed to may have a lower pitched roof if they meet all of the following standards: 1. A decorative parapet or cornice is constructed along all roof lines with a lower pitch than specified in subsection (3)a (c) i.. of this section. 2. Roof top equipment is screened from public view from all adjacent p ublic streets. iv. Mansard roofs are not permitted. d. Windows. i. Buildings shall have a ratio of openings (e.g., windows and doors) to solids which ranges from no less than 30 percent to no greater than 50 percent, inclusive of the building exterior or as approved by the City Architect. ii. For wall sections greater than ten feet wide: 1. No one window shall exceed 32 square feet. No grouping of window s shall exceed 100 square feet or as approved by the City Architect. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 19 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 2. Windows on the side of the building with the principal or main entrance shall have a maximum distance between windows not to exceed one window width or as approved by the City Architect. 3. Windows on the building’s side and rear may shall have a maximum distance between windows not to exceed window spacing up to two window widths apart. 4. Windowsills shall be placed a minimum of two feet above finished grade. iii. A minimum of 80 percent of windows on each exterior wall shall have a vertical orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to one (width) or as approved by the City Architect. iv. Window types shall include one or a combination of the following types: double -hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows or as approved by the City Architect. The upper sash of all windows shall have divided lights. Clip-ins are allowed. v. If located on a corner lot, all of the exterior building walls facing a public street shall continue the same window arrangements as the side with the principal entrance. vi. If windows are paired or grouped in larger numbers, windows shall have divided lights of 2/1 or more. e. Doors. i. Allowed dDoors used as entryways by the public includeare limited to the following types: 1. Wood or simulated solid wood door with raised panels. 2. Wood or simulated wood door with raised panels on the bottom half and glass on the top half. 3. Glass door with divided lights. ii. Flush panel doors are prohibited as exterior doors. f. Architectural features. Architectural details are encouraged to create variety, visual interest, and texture on new buildings. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 20 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 i. Articulated building entryways are typical of building types throughout the district. Therefore, mMain entrances shall have greater architectural details by includeing a minimum of two of the following elements: 1. Decorative columns or posts; 2. Pediments; 3. Arches; 4. Brackets; 5. Transoms over doorways; 6. Sidelights; 7. Porticos; or 8. Recesses/projections. ii. If used, shutters shall be operable and fit the size of the window. iii. If roof dormers are present and they have windows, then the windows shall be glazed. Dormers are not a common element and should be used minimally. g. Accessory structures. Outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building. g. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building. h. Prohibited building components. The following building components shall be prohibited: steel gates, burglar bars, chain link fence, steel roll down curtains. (78) Building colors. All aspects of a commercial or non-single family development should use colors common in the area and in nature. Earth-toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surroundings. a. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. b. Acceptable colors are listed in section 64-115449 RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 21 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 Sec 64-1143 Requirements for Institutional Type Uses (1) Landscaping. On property with institutional uses thereon, Llandscaping should be compatible in form, style and design with the natural setting and informal landscaping present in the area and on the site before development. Landscaping should also be used as a buffer to screen a development from adjacent residential and agricultural uses. In addition, such properties shall comply with the following: a. Streetscape and landscape strips. 1. All properties shall provide a minimum ten-foot-wide strip along all public streets. The ten-foot-wide strip shall be planted with a minimum 2½ inches to three inches caliper hardwood over-story. Additional over-story trees are encouraged. The ten-foot-wide strip may be developed either (see section 64-1142(2)b. for additional landscape and screening requirements): i. With hardscape elements such as plazas, planters, benches, fountains and tables in addition to the required hardwood trees; or ii. With landscape elements consisting of 60 percent coverage in trees and shrubs and 40 percent coverage in grass and ground cover pursuant to this zoning ordinance, and the city tree protection ordinance (chapter 60); or iii. With a combination of both landscape and hardscape elements . 2. Cluster planting is encouraged, however, at a minimum Ttrees shall be planted in the center of the landscape strip at a maximum distance of every 20 feet on average. Street trees are required to be planted at 1 per 2030 feet. They may be planted in clusters per the City Arborist. 3. Specimen trees, as described in the chapter 60 (city tree protection ordinance) (chapter 60), located within the minimum front yard shall be preserved. 4. A strip shall be planted with grass or sod between the back of curb or swale and the sidewalk or the Milton Trail per the applicable city code. b. Parking lot landscape islands. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 22 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 1. There shall be a minimum ten-foot-wide landscape island at the end of each parking bay;. 2. There shall be a ten-foot-wide landscape island for every 72 feet of double row length or 90 feet of single row length of parking spaces;. 3. Landscape islands shall include one over-story shade tree per 180 square feet of landscape island area.; and 4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern and rectilinear layout. c. Landscape buffers 1. For sites on four acres or less, a 50-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 2. For sites on more than four acres, a 75-foot-wide undisturbed buffer or alternative screening design, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species shall be used. d. Property owners are encouraged to develop a green space for recreation and public enjoyment. e. No clear cutting removal of vegetation is permitted on the site prior to the issuance of a land disturbance permit or building permit. f. Clear cutting is discouraged. (2) Screening and fencing. Landscaping and fencing materials on property with Institutional uses thereon, should be used to minimize visual and noise impact of parking, loading areas, detention ponds, stormwater management areas facilities, and accessory site features as set forth herein:. a. All loading spaces shall be screened from view of any public street by either: 1. A 15-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs; or 2. Incorporated into the principal building. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 23 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 Shrubs shall be moderately growing, be a minimum height of 3½ to four feet at time of planting, and reach a height of six feet within two years of planting. b. All parking lots shall be screened from view of any public street by: 1. Aa 15-foot-wide landscape strip planted to buffer standards. Plants shall be a minimum height of 3½ to four feet at time of planting, and such plants shall reach a height of six feet within two years of planting (see section 64 -1141(1)a. for additional landscape and screening requirements). c. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be constructed of the same exterior wall material used for the building. The enclosure s hall be a foot higher than what is contained in the interior. The door enclosing the refuse area shall be made out constructed of an opaque non-combustible material and appearance must be consistent with the prevailing architecture. d. Accessory site features, as defined in each zoning district of this zoning ordinance, shall be placed in the least visible location from public streets, and shall be screened from view of any right -of- way or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by one of the following means: 1. Placement behind the principle building; or 2. Erection of an 100 percent opaque fencing, around the entire accessory structure which must be constructed of the same type of exterior material used for the building; or 3. By a vegetative screening, . The screening which shall consist of evergreen shrubs, be 3½ to four feet at time of planting, and reach a height of six feet within two years or planting. e. Drive-throughs are prohibited discouraged. However, if present, a drive-through shall be considered to be an accessory structure to a building and shall be placed behind the principal building and should be screened from view from the right-of-way and should be in scale and proportion to the building to which it is attached. (3) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV of the City Code). b. All facilities shall be designed to create a natural look. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 24 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 c. Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. f. The creation of shared stormwater management facilities is encouraged. f. If required, detention ponds shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. g. Stormwater management facilities 1. All facilities shall be in compliance with the Stormwater management Manual (chapter 20, article IV of the City Code). 2. Facilities that are located above ground shall be located in the least conspicuous area of the site as engineering standards will allow. 3. Above ground stormwater management shall be designated to create a natural look. 4. The creation of shared stormwater management facilities is encouraged. h.(4) Fencing material and height. 1. Allowed In yards adjacent to an exterior street an equestrian fence is required. fencing material shall be three or four board wooden fencing with wood posts , in yards adjacent to a public street. 2. Fences in yards adjacent to a public street shall not exceed 5560 inches from finished grade. 3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco stone 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. 4. Opaque fences are prohibited in yards adjacent to a public street, except as set forth in subsections 2(d) and 2(e) of this section. Comment [RM12]: Staff has created a new definition for fence, equestrian. Please see RZ14-01. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 25 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 (35) Pedestrian safety Construction of sidewalks and pedestrian amenities on property with an Institutional use thereon should encourage and promote walking to a development and within a development. The placement of sidewalks, pedestrian amenities, and the Milton Trail (See Chapter 48, Article VIII of the City Code) should contribute to the sense of place of the community. Sidewalks shall be constructed along public road frontages and at least a five-foot landscape strip shall be planted between the roadway or curb and the sidewalk or the Milton Trail, whichever applies. The sidewalk shall be set back from the back of curb the maximum distance allowable within the right-of-way. a. Mandatory requirements; pedestrian path design standards. 1. Proposed developments shall have a pedestrian network. 2. Paths shall comply with any applicable Americans with Disabilities Act standards for slope, width, texture, level differences, and ramps. 3. Paths shall be a minimum of five feet in width. 4. Paths shall be clearly identified through painting, signage and texture change. 5. In order to facilitate travel, paths shall not be obstructed by any object or structure. 6. Paths shall be designed to minimize direct auto-pedestrian interaction. 7. Paths shall be connected to signalized crosswalks, where applicable. 8. Paths shall be a direct and convenient route between points of origin (i.e., bus stop) and destination (i.e., shop, bank, etc.) with the following exception: sidewalks and paths may meander to protect and maintain mature trees and other permitted landscape features. Meandering sidewalks are discouraged. 9. Internal walkways (paths) shall be constructed connecting the public sidewalk along the street to the main entrance of the principal use of the property. 10. Pedestrian paths shall be colored/ and or textured walkways or sidewalks. b. Encouraged elements; pedestrian paths and public spaces. 1. To increase safety, grade separation is encouraged between pedestrian paths and motor vehicle access areas. 2. Paths are encouraged to be built alongside interesting and inviting features. Street furniture is encouraged to be located adjacent to any path. Street furniture includes, but RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 26 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 is not limited to, benches, pedestrian scale lighting, trash receptacles, dog rubbish receptacles, and ganged mailboxes. 3. Community public spaces that promote gathering and have a park like design with streetscape and hardscape elements are encouraged. 4. Paths are allowed to perpendicularly cross landscape strips. 5. Granite curbing is preferred over other types of curbing. (4) Site lighting for parking lots, pedestrian paths and public entrances. Lighting on property with institutional uses thereon should be compatible with the rural and historic setting of Milton. Lighting should be minimal while at the same time ample enough for safety and night viewing and be in compliance with the Night Sky Illumination (Chapter 64, Article II, Division 7). a. Parking lot lighting shall meet the following minimum standards: i. Light poles shall not exceed a height of 20 feet from finished grade. ii. Light poles shall not be allowed in tree islands. iii. Bases of light poles shall be compatible with the design of the primary building. iv. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. v. Allowable postLight pole arm styles shall, shall either be Shepherd's Crook or Acorn. b. Pedestrian lighting shall meet the following minimum standards: i. Light postspoles shall not exceed a height of 15 feet from finished grade. ii. Allowable postLIght pole arm styles are shall be either Shepard's Crook or Acorn. c. Posts Light poles shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. d. Prohibited styles: Shoe box and cobra styles are prohibited for light poles. e. Building-mounted lighting fixtures shall have a 45 degree light cutoff. f. All exterior lighting in publicly accessible locations shall be architecturally decorative with a historic style. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 27 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 g. Neon lighting is prohibited. h. Light housings and posts shall be a dark color/material and be nonreflective. i. Exterior lighting shall not exceed two-foot candles. (5) Building size, orientation, setback, height, scale and parking. The design and layout of an institutional type development should build upon and complement the design of crossroads communities as opposed to creating a new one. The size, orientation, setback and scale of buildings are integral elements of crossroads communities. A building's orientation and placement should complement and relate to adjacent buildings, structures and properties. The placement of buildings should create and informal grouping and relationship between them as opposed to being orderly and uniform. The location of a building should take into consideration its rural surrounding and take advantage of this by maintaining open views and spaces. Buildings should be in proportion, in scale and characteristic to their rural and natural setting. The building design and material should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be minimized by placing it to the rear and by screening. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building and are not required to meet the requirements except for height listed in Sec 64-1142(5). All structures shall be subject to review by the City Architect prior to Design Review Board submittal. Such developments shall comply with the following: a. Building Size. i. On a development of four acres or less, the maximum building size shall be 20,000 square feet. However, to encourage construction of multiple buildings, iIf two or more buildings are built, the total size of all buildings shall be a maximum of not exceed 25,000 square feet, no single one of which shall exceed 15,000 square feet. ii. On developments larger than four acres, the maximum building size shall be 25,000 square feet. iii. A group of two or more buildings that share at least one contiguous wall will be considered as one building. b. Orientation. i. Buildings shall be oriented to a public street. An entrance to a building should be located on the side of the building facing a public street. ii. Accessory structures shall be located in theso as to be least visible from a public street position and shall conform to the setbacks for the district standards. Comment [RM13]: Planning Commission recommends that this be deleted so as to meet the same standards as primary structures RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 28 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 iii. Driveways shall be perpendicular to the street. dc. Height. i. There shall be a mMaximum building height limit of shall be two stories with the maximum height of 30 feet from average finished grade to the bottom of the roof eave except where allowed pursuant to Sec. 64-76. ed. Scale. For every 80 feet of building length on a single face, there shall be variation in the exterior or as approved by the City Architect. This exterior variation shall be accomplished through the following means: i. For each 80 feet of building exterior wall, the building exterior and roof shall be offset by a minimum of ten feet. Overhangs and roof lines shall follow the building's location. ii. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. fe. Parking. i. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in section 64 -1411. Additional reduction in the number of parking spaces is encouraged. ii. All parking spaces built, which exceed in excess theof the minimum number required by the city zoning ordinance, shall be constructed of pervious material. iii. No on-site parking shall be located to the front of a building or between a building and the public right-of-way (see section 64-1142(2) regarding landscaping if parking is in view from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-way. iv. If an internal street is developed for use by the general public, one row of parallel or diagonal parking is allowed between the street and the curb. (6) Building and other structure design. Construction of buildings in styles and types not found in Milton shall be avoided. Modern style using traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged. Exaggerated or excessively large or small architectural elements should be avoided. Elements should be in proportion with the overall building. In addition, buildings should reflect a specific style and not mix elements of different styles. The design and architectural elements of the buildings Comment [RM14]: This addresses church steeples and belfries. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 29 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 should be compatible to those of the area. In Milton, commercial buildings are built at the intersections of two major roads in a pattern of rural development called "crossroads communities." Residences are constructed at the edge of these crossroads communities. The overlay district seeks to replicate this pattern by having future nonresidential construction, built within 400 feet from the edge of the right -of- way of an intersection, include elements of the historic commercial buildings, and nonresidential buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements of the historic residential buildings. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building and are not required to meet the requirements listed in Sec 64-1142(6). All structures shall be subject to review by the City Architect prior to Design Review Board submittal. With the foregoing proposes in mind, buildings and structures on property with institutional uses thereon, shall comply with the following: a. Building design. i. All buildings constructed within 400 feet from the edge of right-of-way of an intersection of two public roads shall be designed in accordance with the predominant commercial building types (see section 64-11550). ii. All buildings constructed over 400 feet from the edge of right-of-way of an intersection of two public roads shall be designed in accordance with the predominant residential building types (see section 64-11550). b. Building material. i. Exterior wall materials shall consist predominately (a minimum ofAt least 80 percent ) of external walls shall consist of one or a combination of the following materials: horizontal clapboard siding; brick; and stone or as approved by the City Architect. Vertical clapboard is permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to create the appearance of old brick . ii. Accent wall material (nNo more than 20 percent) of any exterior wall may consist of may include glass, architecturally treated, precast stone. All shall have a natural appearance or a historic appearance. iii. Prohibited eExterior building materials are as followswalls shall not consist of: metal panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel. Exceptions are: Not withstanding the forgoing sentence, mechanical penthouses and roof screens) are allowed. Comment [RM15]: Planning Commission recommends that this be deleted so as to meet the same standards as primary structures RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 30 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 c. Roof. i. Permissible rRoofs shall be types are gable, pyramidal, and or hip style. Shed roofs are permitted over porches, additions, and accessory structures. Roof pitches shall be between eight 8 over 12 to and 12 over 12 inclusive or as approved by the City Architect. ii. Roof material shall be made out of the following materials: asphalt shingle, wood shingle, wood shake, or standing seam metal. iii. Buildings with a minimum gross square footage of 15,000 square feet are allowed tomay have a lower pitched roof if they meet all of the following standards: 1. A decorative parapet or cornice is constructed along all roof lines with a lower pitch than specified in subsection (3c)ai. of this section. 2. Roof top equipment is screened from public view from all adjacent public streets. iv. Mansard roofs are not permitted. d. Windows. i. Buildings shall have a ratio of openings (e.g., windows and doors) to solids which ranges from no less than 30 percent to no greater than 50, inclusive percent of the building exterior or as approved by the City Architect. ii. Accessory structures or structures used secondary to the primary use of the development are not required to meet the window requirements above. iii. For wall sections greater than ten feet wide: 1. No one window shall exceed 32 square feet. No grouping of window s shall exceed 100 square feet or as approved by the City Architect. 2. Windows on the side of the building with the principal or main entrance shall have a maximum distance between windows not to exceed one window width or as approved by the City Architect. 3. Windows on the building’s side and rear may shall have a minimum distance between windows not to exceed window spacing up to two window widths apart. 4. Windowsills shall be placed a minimum of two feet above finished grade. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 31 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 iv. A minimum of 80 percent of windows on each exterior wall shall have a vertical orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to one (width) or as approved by the City Architect. v. Window types shall include one or a combination of the following types: double -hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows or as approved by the City Architect. The upper sash of all windows shall have divided lights. Clip-ins are allowed prohibited. vi. If located on a corner lot, all of the exterior building walls facing a public street shall continue the same window arrangements as the side with the principal entrance. vii. If windows are paired or grouped in larger numbers, windows shall have divided lights of 2/1 or more. e. Doors. i. Allowed dDoors used as entryways by the public are limited to the following types:include: 1. Wood or simulated solid wood door with raised panels. 2. Wood or simulated wood door with raised panels on the bottom half and glass on the top half. 3. Glass door with divided lights. ii. Flush panel doors are prohibited as exterior doors. f. Architectural features. Architectural details are encouraged to create variety, visual interest, and texture on new buildings. i. Articulated building entryways are typical of building types throughout the district. Therefore, mMain entrances shall have greater architectural details by includeing a minimum of two of the following elements: 1. Decorative columns or posts; 2. Pediments; 3. Arches; 4. Brackets; RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 32 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 5. Transoms over doorways; 6. Sidelights; 7. Porticos; or 8. Recesses/projections. ii. If used, shutters shall be operable and fit the size of the window. iii. If roof dormers are present and they have windows, then the windows shall be glazed. Dormers are not a common element and should be used minimally. g. Accessory structures. Outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building. h. Prohibited building components. The following building components shall be prohibited: steel gates, burglar bars, chain link fence, steel roll down curtains. (7) Building colors. All aspects of an institutional development should use colors common in the area and in nature. Earth- toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surroundings. a. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. b. Acceptable colors are listed in section 64-115449. Sec. 64-1143. Requirements for Agricultural Type Uses (1) Height a. Comply with the zoning district’s height requirement. (2) Parking a.. All parking spaces built, which exceed the minimum number required by the city zoning ordinance, shall be constructed of pervious material. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 33 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 (3) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV of the City Code). b. All facilities shall be designed to create a natural look. c. Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. f. The creation of shared stormwater management facilities is encouraged. 1. All facilities shall be in compliance with the Stormwater management Manual (chapter 20, article IV of the City Code). 2. Facilities that are located above ground shall be located in the least conspicuous area of the site as engineering standards will allow. 3. Above ground stormwater management shall be designated to create a natural look. 4. The creation of shared stormwater management facilities is encouraged. (4) Fencing material and height. 1. Allowed In yards adjacent to an exterior street an equestrian fence is required. fencing material shall be three or four board wooden fencing with wood posts, in yards adjacent to an exterior street. 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. 3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer stone and brick 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. Comment [RM16]: Staff has created a new definition for fence, equestrian. Please see RZ14-01. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 34 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 4. Opaque fences are prohibited in yards adjacent to an exterior street. Sec. 64-11471144. Building colors. All aspects of a development should use colors common in the area and in nature. Earth-toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surrounding. (1) Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. (2) Acceptable colors are listed in section 64-1154 Sec. 64-1148. Sign structure colors. (a) All colors when applied to a neutral background using the pallet in section 64 -1154 will be acceptable. Colors used for corporate identity or graphics shall not exceed over 30 percent of the total signage area, thereby leaving 70 percent of the total sign area to remain in the neutral background color. (b) Acceptable colors are listed in section 64-1154 Sec. 64-11491145. Graffiti. Graffiti defacing the façade of any building, sign, path, accessory structure, wall, fence or other site element is prohibited. Sec. 64-1150. Towers and antennas. Antenna, tower and associated structures should blend in with their surrounding as much as possible. (1) Antennas and towers shall be as far away from the right-of-way as possible or be located next to established tree plantings. (2) Antennas, towers and accessory structures shall be a dark matt nonreflective color such as dark gray. (3) Antennas, towers and accessory structures shall have no lights other than those required by the Federal Aviation Administration. (4) The landscape buffer around the antennas, towers and accessory structure shall be natural and informal by having an irregular shape. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 35 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 (5) The plantings in the landscape buffer shall obscure any accessory structures within one year of planting. (6) In the landscape buffer, a mix of three species of trees acceptable to the city arborist should be planted. In the mix of trees, one should be evergreen, one deciduous and one seasonal or perennial. (7) Fence openings shall be out of view from the public right-of-way. (8) Where appropriate, towers should be camouflaged. Sec. 64-11511146. Severability. In the event that any section, subsection, sentence, clause or phrase of this division shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this division, which shall remain in full forc e and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Sec. 64-11521147. Appeals. Any persons aggrieved by a final decision of the design review boar d relating to this division may appeal from such final decision to the board of zoning appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per sections 64-1885 through 64-1947. Such appeal shall be filed within 30 days after the final decision of the design review board is rendered. Sec. 64-11531148. Effective date. Applications for building permits, land disturbance permits, and sign permits filed on or after the day of adoption of this division shall meet the standards of this overlay district. Sec. 64-11541149. Acceptable building material and sign color palette. (a) Scope. (1) Colors apply to building materials, architectural and decorative elements, and sign structure. (2) The numbers refer to Pantone Matching System, an international color matching system. The PMS Color Guide can be matched using a variety of methods: a. Modern digital scanning/color interpretation. b. Cross referencing paint manufacturers formulas. c. Visual comparison matching. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 36 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 (3) Colors have been chosen not only by what is found architecturally in the Northwest Fulton areaMilton area historically but also what is seen in nature and in the surrounding environment. These interpretations seek to avoid "primary" color values in favor of "muted" and "subtle" colors. (4) Any brand of paint can be used. The reference to certain paint brands is simply to illustrate the appropriate colors. (b) Whites. Acceptable "whites" are described as subtle shades or tints of white, including "neutral," "antique," "taupe," or "sandstone." (c) Quartertones. Quarter tones are one-quarter the strength of a full color. It provides a softer transition between colors. (d) Mid-tones. Mid-tones are colors half-way between light and dark. (e) Shadowtones. Dark colors are fully pigmented and offer rich colors for darker accenting without relying on basic browns, blacks, and grays. _____ (f) Color chart. Manufacturer: PMS, Porter Brand (P), Duron (D), Name: Color tile No. Reference Number Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s) RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 37 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 38 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 39 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 40 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 _____ Sec. 64-11551150. Characteristics of Northwest Fulton Rural Crossroads communitiesMilton Overlay. (a) The Northwest FultonRural Milton Overlay is based on the overall setting and characteristics of the rural crossroads communities in the city. In order to determine their qualities, a visual survey was conducted of Crabapple and Birmingham as well as commercial buildings in Hopewell and A rnold Mill, the main crossroads communities in the city. Commercial development in the city has been historically located in the crossroads communities that developed at the intersection of two or more roads. In these communities, commercial uses are close to the intersection, with institutional uses, such as churches and schools, next to them and residential uses extending along the roads. Large tracts of agricultural land, with rural vistas and views, border the residential areas. These crossroads communities maintain their historic integrity as well as their informal character, rural atmosphere and charm. Generally, the commercial buildings at the crossroads are oriented to the street, are close to the street and have varying setbacks (from zero to 20 feet). Buildings are grouped informally and asymmetrically to each other to form a village atmosphere. Parking is located to the side or to the rear. Landscapes and the space between the buildings are informal, asymmetrical, rural and picturesque. They avoid modern day styles that emphasize ordered plantings, over planting and often geometric placement. Informality of place provides for human scale, comfort and a welcoming atmosphere. The setting, the buildings' design and architectural details are elements that maintain the value of the communities and contribute to the sense of place in the city. More than being a place for commerce, they provide the sense of identity, RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 41 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 ownership, community and evolution. Many of the commercial buildings were built from the la te 1800's to the late 1930's in various types and style and have a rural and agrarian character. The buildings are generally small, one story with a square or rectangular footprint. Buildings are in scale and in proportion to each other. The principal building materials are brick and clapboard siding, however, stone is also used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles. Many of these also have a small recessed porch. Several window types are present including, double-hung sash, casement, fixed and fixed with an arch. In the double-hung sash windows, the sashes are divided into six lights over six, 4/4 and 2/2. The windows are in proportion to the building and most have a vertical orientation. The doors are usually wood paneled doors with glass in the upper half. The entryways and main façades are more articulated that the rest of the buildings. This is achieved by recessing the entrance or flanking the door with sidelights and transom lights. The buildings have limited stylistic elements. Some of the features that are present include: round and square columns, frieze board, exposed rafter ends, and triangle gable braces. (b) Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and endings. Commercial buildings transition into smaller residential buildings. Uses also transition down from commercial to office and then to residential. Many residential buildings that extend along the roads are now being used for retail and office. These residential areas also share similar characteristics: they are one-story, oriented to the street, often a walkway leads from the street to the front door or from the driveway to the front door, and the driveway is perpendicular to the street. Parking is to the side or the rear. The buildings are setback ten to 40 feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define the boundaries of the property. (c) The houses themselves also have similar characteristics. The principal building material is wood clapboard siding and some are made out of stone. The common roof forms are gable, cross gable and hip and are made out of standing seam metal or asphalt shingles. The houses are raised on a foundation. Most of these also have a front or wrap around porch. The majority of the windows are double -hung sash with the sashes divided into six lights over six, 3/1 9/9, 1/1 and 2/2. Some have sidelights and transom lights around the front door and fixed arched windows. (d) Several house types are present, including: hall parlor, double pen, central hallway, gable ell cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type refers to the height of the house as well as the general layout of the interior rooms. A description and layout of each is included in this section. (e) Many of these houses do not have a high style but rather have a vernacular interpretation of a style. Style refers to the external ornamentation and the overall form of the house. In ma ny cases, style elements are associated with a certain house type. For instance, craftsman elements are present in bungalow type houses. The architectural features present in these houses, by style, are listed below and are discussed in this section. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 42 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 (1) Greek Revival. Frieze board, round columns, Doric columns, flute columns, gable returns, corner pilasters, dentil molding, pedimented gable. (2) Queen Anne and Folk Victorian. Decorative cut shingles, verge board, turned posts, ionic columns, porch with turned balusters, frieze board. (3) Craftsman. Wood or brick battered columns on brick or stone piers, exposed rafter ends, overhanging eaves, gable braces, frieze board, gable returns. _____ RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 43 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 Field Code Changed RZ13-22 – Proposed Vegetative Clearing Requirements Page 1 of 4 Land Clearing, Timber harvesting, Tree Farming and Agriculture, shall be defined as follows: 1. Land-Clearing is the removal of trees, timber, or underbrush, from a tract of land so as to change the land from an agriculture or forestry use to development of any kind. 2. Timber Harvesting is the removal of all or part of merchantable standing timber as part of an ongoing timber producing operation or business which is not part of any development. 3. Clear Cut Harvesting is the removal of all trees from a parcel or plot of land. 4. Tree Farming is an active agricultural production land use which involves the harvesting of timber as a crop to be replenished and in which clear cutting is prohibited unless immediate reforestation is implemented in accordance with recognized practices for active tree farm management. This includes timber thinning and selective harvesting where reforestation may not be required or desirable. 5. Agricultural Clearing is the removal of trees from a parcel of land designated for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Exemptions (A) Normal forestry activities taking place on property which is taxed under the present-use value standard or conducted pursuant to a forestry management plan prepared or approve by a registered Georgia Forester. (B) Properties with a City-approved development plan, provided such plan has not expired and that any clearing or vegetation removal is done in strict accordance with the approved development plan. (C) The removals of vegetation by public or private agencies within the lines of any public street rights-of-way, utility easements or other City property, as may be necessary to ensure public safety, to obtain clear visibility at driveways or intersections, to perform authorized field survey work, or to preserve or enhance the symmetry and beauty of City property. (D) The City initiated or approved removal of any vegetation which is in an unsafe condition, constitutes a nuisance or noxious weed, or which by its n nature is injurious to sanitary sewers, electrical power lines, gas lines, water lines, stream or conveyance channels, or other public improvements, or vegetation which is infected with injurious fungus, insect or other pest. (E) The removal of vegetation on property located within an approved residential subdivision which is zoned for single family use, and provided such vegetation is not a portion of required streetscape, tree density unit requirement, or other landscaping requirements. RZ13-22 – Proposed Vegetative Clearing Requirements Page 2 of 4 Required Buffers and Vegetative Protection Areas Other than necessary to gain reasonable access to the property, clearing and/or removal of trees and other vegetation shall be prohibited in the areas listed below. In situations where one or more buffer zones or vegetation protection areas overlap on the same site, then the more restrictive requirement shall apply. (A) A perimeter rural view shed zone having a width of forty (40) feet as measured from all property boundaries which adjoin existing roadways. (B) A perimeter buffer zone having a width of fifty (50) feet as measured from all property lines which adjoin undeveloped property or vacant property without an approved development plan. (C) Any other areas necessary for the protection of existing vegetation as indicated within the city ordinance (e.g. State Waters Buffers). Development Clearing A Development Clearing Permit shall be required whenever a parcel of land is to be cleared of trees for a development of any kind. (A) General Requirements Any property owner, or assign, who has received permission to and has cleared subject property shall be ineligible for a zoning change to a more intense district for a period of three (3) years from the date of the issuance of the Development Clearing Permit. (B) Minimum requirements The following minimum requirements are mandatory. All buffers required shall be exclusive of all easements, servitudes and/or rights-of-ways within the property. 1. Rural View shed Buffering A Natural uncut buffer of forty (40) feet in width along improved roadways, unless otherwise approved by the Department of Community Development. For development clearing permits, only trees over six inches (6” DBH) diameter breast height must be preserved within the rural view shed buffer. 2. State Waters Buffers 3. Side and rear buffering For development clearing permits, the minimum required side and rear buffers shall be…. RZ13-22 – Proposed Vegetative Clearing Requirements Page 3 of 4 (C) Replanting No later than six (6) months from the expiration date of the development clearing permit, a building permit or preliminary subdivision approval must be granted for the same site. Should, however, this building permit or subdivision authorization expire without the intended development activity being realized, a replanting program will immediately become necessary as follows: The landowner shall be required to implement a replanting schedule of all cleared areas as approved by the Department of Community Development within thirty (30) days of expiration of the building permit or subdivision authorization time period. This replanting schedule shall include a time frame for implementation and shall be site specific for the location of both hardwood and softwood species including a variation in heights so as to achieve a re-vegetation of the cleared area. Agricultural Clearing Permit (A) General An Agricultural Clearing Permit shall be required for all agricultural uses as defined. Any property owner, or assign, who has received permission to and has cleared subject property shall be ineligible for a zoning change to a more intense zoning district for a period of three (3) years from the date of the issuance of the Development Clearing Permit. b. General Farming and Pasture Requirements A minimum uncut buffer (Rural View Shed) of forty (40’) feet along all roadways shall be required. If at least seventy five (75%) percent of the cleared land is not maintained in active agricultural uses, then the cleared areas shall be reforested according to a reforestation schedule to be submitted and approved by the department of Community Development. The reforestation plan shall be implemented no later than six (6) months from the expiration date of the land clearing permit. c. Timber Harvest Requirements reserved RZ13-22 – Proposed Vegetative Clearing Requirements Page 4 of 4 Robyn Macdonald From: Julie zahner Bailey <baileyfarmandgardens@rnindspring.com> Sent: Monday, April 21, 2014 9:54 PM To: Robyn Macdonald Cc: Kathleen Field; Chris Lagerbloom Subject: Input for Consideration prior to the Planning Commission meeting, April 24th re: the Northwest Fulton Overlay & related documents Attachments: Northwest Fulton Overlay (Rural Milton Overlay) 4212014.doc Dear Robyn, I hope you had a blessed and wonderful Easter. In anticipation of the upcoming Planning Commission meeting scheduled for April 241h regarding changes to the Northwest Fulton Overlay and related documents, I submit the attached information for review and consideration by Staff and the Planning Commission. Please forward the attached document to the members of the Planning Commission so they have the benefit of this input in advance of the meeting - 1 appreciate so much all the hard work that has, and continues to go into carefully refining this very important policy on behalf of the citizens of Milton. As always, please let me know if you have any questions. All my best, Julie lit& Zahtreic 33a&# a" J3iff J3ai& bailevfarmandoardensO.mindsprinq.com 770-664-5529 (home) 404-310-6344 (Julie's cell) 770-364-9239 (Sill's cell) [Hil- This email is free from viruses and malware because avast! Antivirus protection is active. Input regarding proposed char es to Chapter 64 Article VII Northwest Fulton Overlay (i.e. Rural Milton Overlay, Chapter 64, Article I, Section 64 1 Definitions, and Chapter 64, Artilce IX Administrative Permits and Use Permits. Dear Planning Commission members, Thank you for your individual and collective input and consideration regarding these important documents and policies. They matter to the whole of the Milton community, and are critical to the long term preservation of our unique agricultural areas that help to distinguish Milton from the whole of the Atlanta region. Your time and commitment are very appreciated. Below are comments for your review and consideration as you evaluate these three documents: 1. Chapter 64, Article VII, Northwest Fulton Overlay (RZ13.22 Earlier comments provided to you are noted below. The majority of these were discussed and addressed, but should there be more discussion on these points, here is a recap of those points made into the record: ■ Page 1. Purpose and Intent. Add value statement/language about no clear cutting. • Page 3, Design Review Board, continue to have review of demolition permits for purposes of public awareness. Increase the fines, or "teeth" available to the DRB, and engage the historic Preservation Committee in helping to ensure this is strengthened. City architect should be a part of this process. ■ Page 3. Rural view sheds to be added to the language and the DRB review process. A standard should be in place. And, a rural view shed at the road frontage, does not compromise buffers elsewhere. • Page 4. Allowed Use chart. Serious concerns with allowing otherwise non permitted uses into the rural, AG l areas of Milton. Specifically, there is concern with: a Mausoleum (size/scale are factors) a Equine garment fabrication; this could be an industrial facility under the guise of "equestrian". Textile manufacturing is not appropriate in AG 1 areas of Milton. a Quarries/Surface Miniing. Not appropriate. This is an industrial zoning. o Rural or Agricultural Event Facility; under separate section how this is defined and administered requires additional stiplulations to ensure unintended consequences are not put in motion. • Page f. No clear cutting should be allowed. • Page 8. Retaining walls. They should be of natural material. And, they should have a 360 degree view. In other words, concrete should not be viewable regardless of the angle. • Page 9. Specimen trees. Ensure more specimen trees are preserved, and that this is captured as a value statement of the city. Specimen trees should be protected and preserved other than just in the minimum front yard. This should be stated in each section of this overlay. • Page 12. Pedestrian safety section. Ensure the trail plan is incorporated and referenced herein. Specifically, not all sidewalks should be of concrete. Instead, pervious surfaces should be referenced as options. (reference in all sections). ■ Page 13. All lighting needs to be sensitive to the night sky regardless of zoning category. But, in the AG 1 areas, there should be particular attention given to the protection of the night sky as this is a value added asset that further distinguishes Milton. Page 15. Accessory structures need to be covered by the Rural Milton Overlay. Their potential size and scope require it. Page 19. Clip in window sills should be prohibited. Page 20. Add back Accessory structures for reasons noted above. This portion of the document picks up where you left off at the last Planning Commission meeting. I believe the review you were conducting stopped on page 21, so that is where this picks back up. Page 21, Specimen trees. Please consider language to preserve specimen trees other than just in the minimum front yard. An opportunity exists now to strengthen the language to preserve more specimen trees. Page 34, Retaining walls. These should be faced with natural stone, and should have a 360 degree view, so exposed concrete is not visible from any angle. Page 40, Characteristics of Rural Milton Overlay. o Ensure completeness. o Value statements worth noting: ■ Rural viewsheds critical ■ No clear cutting ■ Protection of steep slopes (staff noted this needed to he added, and that a next step incorporated as an additional policy) ■ Low density 1.1. Article 1. Section 64 1. Definitions (RZ 14 01 ■ Page 3. Artist Studio. Definition needs to reference size parameters and intensity of use to ensure appropriateness with AG 1 areas. This also shows up in the RZ14 04 item. Planning Commissioners noted in earlier meetings that caution needed to be given simply to ensure an industrial like situation is not allowable under this new definition and text amendment. ■ Page 6. Clear cutting. Should not be allowed. May still need to be defined so everyone is clear as to what is not allowable. • Page 30. Rural or Agricultural Event Facility. Caution needs to be provided to insure unintended uses do not evolve. This also is under RZ14 03. Any specifics added under use permits may need to be incorporated here in the definition section. ■ Page 35. Accessory Structures. Based on earlier changes made by the Planning Commission adding these structures hack under the Overlay, this definition needs to be reviewed. It is unclear why the Director of Community Development would be defining whether a structure was accessory or not. This makes it seem subjective. • Page 36. Timber Harvesting. This needs to reconcile with no clear cutting, III. Administrative Permits and Use Permits (RZ14 N)- • Page 13. Recreational courts. ■ is a 75 ft. buffer with a 10 ft. improvement setback sufficient? Especially given the number of users and lights? Should the buffer be enlarged and be a natural buffer where they exist? • Page 19. Swimming pool, public. Same buffer requirements and questions as above Recreational Courts. ■ Page 40. Composting. Is there a risk this could be more industrial or commercial in nature? ■ Page 42. Equine garment fabrication. See earlier comments. • Page 43. Festivals or events, outdoor/indoor. Are more specifics needed? ■ Page 45. Landfill, inert waste disposal. Should this be an industrial zoning category? ■ Page 49. Quarries and surface mining sites. This should be an industrial zoning category. ■ Page 51. Race track. This should be an industrial zoning category. ■ Page 56. Transfer station, solid waste. This should be an industrial zoning category. N. RZ14 03. Text Amendments. Administrative Permits Use Permits for a Rural Event or Agricultural Event Facility. ■ Parking. Pervious surfaces needed, not concrete. ■ Natural buffers. There is not mention of rural viewsheds, protecting the buffers, ensuring neighboring properties are protected from noise, lights, intensity of use, etc. ■ Maximum number of attendees. As written, this seems too subjective and nebulous. ■ Tents. The way it is currently written, you could have tents erected all the time. Not the intent, therefore, needs to be rewritten. ■ Items that are not mentioned, but that require attention and details I order to avoid unintended consequences: o Accessory structures. a Lighting. o Rural viewshed. o Intensity of use. Could easily become commercial or industrial like all under the guise of "agricultural use". o Size parameters? Size of structures? o Duration of event? STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ13-22 AN ORDINANCE TO AMEND ARTICLE VII, DIVISION 6, NORTHWEST FULTON OVERLAY DISTRICT OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article VII, Division 6, Northwest Fulton Overlay District of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) Page 44 of 44 Items highlighted in gray are from the City Attorney. 5/29/20145/28/20145/27/2014 NORTHWEST FULTONRURAL MILTON OVERLAY DISTRICT MAP _____ Secs. 64-11561151—64-1174. Reserved. HOME O ' M - ILTON% FSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-01 — To Amend Chapter 64, Article I, Section 64- 1 Definitions MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED 'K CITY ATTORNEY APPROVAL REQUIRED: K YES () NO CITY ATTORNEY REVIEW REQUIRED: 9 YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR. - REMARKS ® YouQn PHONE: 678.242.25001 FAX: 678.242.2499. Green infoftiltyofmiitongo.us f www.cityofmilfonga.us M1B Community F h;°F .# 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 m 049 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted May 26, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ14-01 – To Amend Chapter 64, Article I, Section 64-1 Definitions Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: This text amendment is part of five text amendments being reviewed concurrently with the Northwest Fulton Overlay District being the main focus. As Staff is making changes there is a need to propose new definitions and amend existing definitions to better clarify the intent of the Overlay District and Use Permits. Listed below are the new definitions included in the amendment: All weather surface Alternative screening design Artist studio Barrier free housing Detention facility Drive through Fence Fence, equestrian Impervious cover Lot coverage Mausoleum Nonstructural stormwater management practice Rural or Agricultural Event Facility Stormwater better site design Stormwater management Stormwater management facility Timber harvesting Page 2 of 2 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the definitions. Legal Review: Paul Frickey - Jarrard & Davis (May, 2014) Concurrent Review: City Arborist and Transportation/Stormwater Engineer Attachment(s): Text Amendment and Ordinance for RZ14-01 - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 1 of 39 ARTICLE I. IN GENERAL Sec. 64-1. Definitions. Sec. 64-2. Purpose and title. Secs. 64-3—64-21. Reserved. Sec. 64-1. Definitions. (a) Scope. Words not defined herein shall be construed to have the meaning given by Merriam - Webster's Collegiate Dictionary, eleventh edition. (b) Use and interpretation. The following shall apply to the use of all words in this zoning ordinance: (1) Words used in the present tense shall include the future tense. (2) Words used in the singular shall include the plural and vice versa. (3) The word "shall" is mandatory. (4) The word "may" is permissive. (5) The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning districts established by this zoning ordinance. (6) The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for." (c) Terms. Accessory site feature means mechanical, electrical and ancillary equipment, cooling towers, mechanical penthouses, heating and air conditioning units and p ads, exterior ladders, storage tanks, processing equipment, service yards, storage yards, exterior work areas, loading docks, maintenance areas, dumpsters, recycling bins, and any other equipment, structure or storage area located on a roof, ground or building. Addition to an existing building means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent per imeter loadbearing walls, is new construction. Adjoin means to have a common border with. The term "adjoin" also means coterminous, contiguous, abutting and adjacent. Administrative minor variance. See "Variance." Administrative modification means a change to an approved condition of zoning that constitutes only a technical change and does not involve significant public interest as determined by the director of community development. Administrative variance. See "Variance." - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 2 of 39 Adult bookstore means an establishment or facility licensed to do business in the city having a minimum of 25 percent of its stock in trade, for any form of consideration, any one or more of the following materials: (1) Books, magazines, periodicals, or other printed matter, or phot ographs, films, motion pictures, videocassettes, CDs, DVDs or other video reproductions, or slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," as defined herein; or (2) Instruments, devices, novelties, toys or other paraphernalia that are designed for use in connection with "specified sexual activities" as defined herein or otherwise emulate, simulate, or represent "specified anatomical areas" as d efined herein. Adult entertainment means permitting, performing, or engaging in live acts: (1) Of touching, caressing, or fondling of the breasts, buttocks, and anus, vulva, or genitals; (2) Of displaying of any portion of the areola of the female breas t, or any portion of his or her pubic hair, cleft of the buttocks, anus, vulva or genitals; (3) Of displaying of pubic hair, anus, vulva, or genitals; or (4) Which simulate sexual intercourse (homosexual or heterosexual), masturbation, sodomy, bestiality, oral copulation, flagellation. None of these definitions shall be construed to permit any act which is in violation of any county or state law. Adult entertainment establishment. (1) The term "adult entertainment establishment" means any establishment or facility licensed to do business in the city where adult entertainment is regularly sponsored, allowed, encouraged, condoned, presented, sold, or offered to the public. (2) The term "adult entertainment establishment" does not include traditional or mainstream theater which means a theater, movie theater, concert hall, museum, educational institution or similar establishment or facility which regularly features live or other performanc es or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of "specified anatomical areas" or "specified sexual activities" in that the depiction, display, description or featuring is incidental to the primary purpose of any performance. Performances and showings are regularly featured when they comprise 90 percent of all performances or showings. All weather surface means any surface treatment, including gravel, which is applied to and maintained so as to prevent erosion, and to prevent vehicle wheels from making direct contact with soil, sod or mud; and which effectively prevents the depositing of soil, sod or mud onto streets from areas required to be so treated. Alternative antenna support structure means clock towers, campaniles, freestanding steeples, light structures and other alternative designed support structures that camouflage or conceal antennas as an architectural or natural feature. Alternative screening design means a vegetative screening as approved by the City Arborist. Amateur radio antenna means radio communication facility that is an accessory structure to a single - family residential dwelling operated for noncommercial purposes by a Federal Communication - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 3 of 39 Commission licensed amateur radio operator. The term "antenna" includes both the electronic system and any structures it is affixed to for primary support. Antenna means any exterior apparatus designed for telephone, radio, or television communications through the sending or receiving of electromagnetic waves. Apartment means a building which contains three or more dwelling units either attached to the side, above or below another unit. The term "apartment" also refers to a dwelling unit attached to a nonresidential building. (See "Dwelling, multifamily.") Appeal means a request for relief from a decision made by: (1) The director of community development; (2) Other department directors; (3) The board of zoning appeals; and (4) The city council. Applicable wall area means the wall on which a wall sign is attached, including all walls and windows that have the same street or pedestrian orientation. All open air spaces shall be excluded from the applicable wall area. Applicant means a property owner or his or her authorized representative who has petitioned the city for approval of a zoning change, development permit, building permit, variance, special exception or appeal, or any other authorization for the use or development of their property under the requirements of this zoning ordinance, or a person submitting a post -development stormwater management application and plan for approval. Application means a petition for approval of a zoning change, development permit, building permit, variance, special exception or appeal, or any other authorization for the use or development of a property under the requirements of this zoning ordinance. Art gallery means a room or building devoted to the exhibition of works of art. Artist studio means an establishment where articles or goods are produced, assembled, processed or manufactured on a custom or individual basis by an artist, craftsman or similar trained or skilled operator and may include the sale of such goods, including but not limited to the operations of a painter, potter, metalworker, custom dressmaker, photographer, jewelry maker, woodworker, cabinet maker, and sculptor. Assembly hall means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment. Attic means an unheated storage area located immediately below the roof. Automobile and light truck sales/leasing means a facility used primarily for the retail sales and leasing of new or used cars, and trucks. Automotive garage means a use primarily for the repair, replacement, modification, adjustment, or servicing of the power plant or drive -train or major components of automobiles and motorized vehicles. (1) The term "automotive garage" does not include the repair of heavy trucks, equipment and automobile body work. (2) The outside storage of unlicensed and unregistered vehicle is prohibited as part of this use (see "Automotive specialty shop and service station"). - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 4 of 39 Automotive parking lots. See "Parking lot." Automotive specialty shop. (1) The term "automotive specialty shop" means a use which provides one or more specialized repair sales and maintenance functions such as the sale, replacement, installation or repair of tires, mufflers, batteries, brakes and master cylinders, shock absorbers, instr uments (such as speedometers and tachometers), radios and sound systems or upholstery for passenger cars, vans, and light trucks only. (2) The term "automotive specialty shop" does not include: a. Any private or commercial activity which involves auto/tru ck leasing, painting, repair or alteration of the auto body; or b. Any repair, replacement, modification, adjustment, or servicing of the power plant or drive - train or cooling system be permitted, except that minor tune -ups involving the changing of spark plugs, points or condenser, including engine block oil changes, are permitted (see "Repair garage (automotive, truck and heavy equipment) and service station"). Babysitting means a service in which shelter, care, and supervision are provided for four or fewer children below the age of 12 years on an irregular basis. Bail bondsmen means all persons who hold themselves out as signers or sureties of bail bonds for compensation, and who are licensed as provided in article V, professional bondsmen, of the Milton City Code. Banner. (1) The term "banner" means any sign of lightweight f abric or similar material that is either with or without frame and hung or mounted to a pole, building or other background by one or more edges. (2) The term "banner" does not include flags. Barn means a structure housing livestock. Barrier free housing means structures designed to accommodate people of all ages, genders and physical abilities which includes wheelchair and walker accessibility. The idea is to incorporate universal design elements whenever possible – such as one zero-step entrance, main floor doorways of at least 32 inches of clear passage space, and a bathroom on the main floor in all new homes. These provisions of universal design allow people, of various physical abilities or who become disabled, to live at home and visit other homes. Basement means the lower level of a building having a floor -to-ceiling height of at least 6½ feet and a portion of its floor subgrade (below ground level) on at least one side. See also "Cellar." Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also any light with one or more beams that rotate or move. Bed and breakfast inn means a residence in which the frequency and volume of visitors are incidental to the primary use as a private residence and where guestrooms are made available for visitors Comment [RM1]: It was the Planning Commission’s opinion that the implementation of this type of modification to a structure should come from the housing industry and demand from the public and therefore a need for the encouragement and a new definition is not required. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 5 of 39 for fewer than 30 consecutive days. Breakfast is the only meal served and is included in the charge for the room. Use is allowed in nonresidential districts and permitted in AG-1 and TR with a use permit. Berm means a planted earthen mound. Billboard means a sign which advertises services, merchandise, entertainment or information which is not available at the property on which the sign is located. Boardinghouse means a residential use other than a hotel or motel in which lodging may be provided to nonhousehold members and which includes the provision of meals. Body art or piercing establishment. See "Tattoo and body art or piercing establishment". Brewpub means an accessory use to a permitted restaurant where distilled spirits, malt beverages or wines are licensed to be sold and where beer or malt beverages are manufactured or brewed for consumption on the premises and solely in draft form. Buffer, state water, means an area along the course of any state waters to be maintained in an undisturbed and natural condition. Buffer, tributary, means a protection area adjoining the tributaries of the Chattahoochee River. Tributary buffer specifications are contained in Part D of each prospective land use section of the tree ordinance (chapter 60). Buffer, zoning, means a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between t he use on the lot and adjacent lots and uses. A buffer is achieved with natural vegetation and must be replanted subject to the approval of the director of community development or his or her designated agent when sparsely vegetated. Clearing of undergrowth from a buffer is prohibited except when accomplished under the supervision of the director of community development or his or her designated agent. Buildable area means the portion of a parcel of land where a building may be located and which shall contain enough square footage to meet the minimum required by the zoning district. The term "buildable area" means that portion of a parcel of land which is not located in the: (1) Minimum setbacks; (2) Utility corridors; (3) Driveways; (4) Slopes to build streets; (5) Tree save areas; (6) Landscape strips; (7) Specimen tree areas; (8) State water buffers; (9) Tributary buffers; (10) Zoning buffers; (11) Wetlands; (12) Stormwater; and (13) Sanitary sewer easements. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 6 of 39 Building means any structure with a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. Building code means the technical codes approved for enforcement or otherwise adopted or adopted as amended by the city under the Georgia Uniform Codes Act, which regulate the construction of buildings and structures. Building line means one which is no closer to a property line than the minimum yard (setback) requirements. Building permit means a written permit that allows construction issued by the building official. Business. (1) The term "business" means a use involving retailing, wholesaling, warehousing, outside storage, manufacturing or the delivery of services regardless of whether payment is involved. (2) The term "business" does not include uses which are customarily incidental (accessory) to another use. Canopy means a rooflike cover, excluding carports, that either projects from the wall of a building or is freestanding. Car wash, accessory, means a customarily incidental use of an attached or detached bay for cleaning vehicles. Car wash, principal, means a primary or main use which provides space for cleaning vehicles. Catering, carryout or delivery of prepared foods means to provide prepared foods and/or service off- site of the preparation facility whether by paid delivery or self -service collection. This does not include the delivery of packaged foods for individual sale. Cellar means the lower level of a building with more than one-half of its floor-to-ceiling height below the average finished grade of the adjoining ground on all sides, or with a floor -to-ceiling height of less than 6½ feet. See also "Basement." Cemetery, human, means the use of property as a burial place for hu man remains. Such a property may contain a mausoleum. Cemetery, pet, means the use of property as a burial place for the remains of pets. Such a property may contain a mausoleum. Check cashing establishment means any establishment licensed by the state pursuant to O.C.G.A. § 7-1-700 et seq. Church, temple or place of worship means a facility in which persons regularly assemble for religious ceremonies. The term "church", "temple" or "place of worship" includes, on the same lot, accessory structures and uses such as minister's and caretaker's residences, and others uses identified under the provisions for administrative and use permits. City means the City of Milton, Georgia. Clear cutting means the removal of all vegetation from a property, whether by cutting or other means, excluding stream buffer requirements. Clear cutting shall follow the same requirements as timber harvesting. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 7 of 39 Clinic means a use where medical examination and treatment is administered to persons on an outpatient basis. No patient shall be lodged on an overnight basis. Club means a nonprofit social, educational or recreational use normally involving: (1) Community centers; (2) Public swimming pools or courts; (3) Civic clubhouses; (4) Lodge halls; (5) Fraternal organizations; (6) Country clubs; and (7) Similar facilities. Club, neighborhood, means any club operated for recreation and social purposes solely by the residents of a specific neighborhood or community. Commercial amusement/indoor means a use where recreational activity such as movie theaters, arcades, billiards, game rooms, bowling, skating rinks, sporting activities and other recreational amusements are conducted within a building. Commercial amusement/outdoor means a use where recreational activity such as skating rinks, batting cages, miniature golf, drive -in theaters, skating rinks, and other recreational activities or amusements that are conducted outside a building. Commercial equipment means any equipment or machinery used in a business trade or industry, including but not limited to: earth-moving equipment, trenching or pipe-laying equipment, landscaping equipment, mortar and concrete mixers, port able or mobile pumps, portable or mobile generators, portable or mobile air compressors, pipes, pool cleaning equipment and supplies, and any other equipment or machinery similar in design or function. However, equipment and machinery for business use kept within enclosed vehicles are not included. Commercial vehicle means any vehicle used in a business, trade, industry or motorized equipment that has two (2) or more of the following characteristics: (1) Exceeds a gross vehicle weight rating (GVWR) of 11,000 pounds; (2) Is regularly used in the conduct of a business, commerce, profession, or trade; (3) Exceeds seven feet in height from the base of the vehicle to the top; (4) Exceeds 20 feet in length; (5) Has more than two axles; (6) Has more than four tires in contact with the ground; (7) Used, designed and built to carry more than eight passengers; (8) Designed to sell food or merchandise directly from the vehicle or trailer itself; (9) Bears signs, logos or markings identifying the owner or registrant, a trade, business, service or commodity. Composting. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 8 of 39 (1) The term "composting" means a processing operation for the treatment of vegetative matter into humuslike material that can be recycled as a soil fertilizer amendment, such as: a. Trees; b. Leaves; and c. Plant material. (2) The term "composting" does not include: a. Organic animal waste; b. Food; c. Municipal sludge; d. Solid waste; and e. Other nonfarm or vegetative type wastes. Concurrent variance. See "Variance." Condominium means a form of ownership distinguished by the absence of individual lots or lot lines and utilizing instead a system of ownership whereby the dwelling or other units are individually owned but where land outside of the building walls is held in common an d maintained by a condominium association in accordance with O.C.G.A. § 44 -3-70, known and cited as the "Georgia Condominium Act." Construction material means building materials and rubble resulting from the construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. The term "construction material" includes, but is not limited to, asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill mat erial, and other nonputrescible wastes which have a low potential for groundwater contamination. Convalescent center/nursing home/hospice. (1) The term "convalescent center/nursing home/hospice" means a state -licensed use in which domiciliary care is provided to convalescing chronically or terminally ill persons who are provided with food, shelter and care and not meeting the test of family. (2) The term "convalescent center/nursing home/hospice" does not include hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Convenience store. (1) The term "convenience store" means a use offering a limited variety of groceries, household goods, and personal care items, always in association with the dispensing of motor fuels as an accessory use. (2) The term "convenience store" does not include vehicle service, maintenance and repair. Convenient location and time means suitable time and easily accessible place for applicants to meet with interested parties to discuss rezoning and use permit petitions. Council means the City of Milton, Georgia, mayor and city council. Country inn means a facility, with the owner or innkeepers residing on the premises, where guestrooms are made available for visitors for fewer than 30 consecutive days. The term "country inn" is distinguished from the term "bed and breakfast inn" in that it serves both breakfast and lunch or dinner. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 9 of 39 Courtyard means an open air area, other than a yard, that is bounded by the walls of a building. (1) Used primarily for supplying pedestrian access, light, and air to the abutting buildings. (2) Site furniture, lighting and landscaping are appropriate. (3) Vehicular access allowed for unloading and loading only. (4) No vehicular parking or vehicular storage is allowed. Crematorium means a facility for the reduction of remains to ashes by incineration. Cul-de-sac means a street having only one connection to another street, and is terminated by a vehicular turnaround. Curb cut means a connection between a roadway and a property for vehicular access. Curb cut applies to access regardless of the existence of curbing. Cutoff means a luminaire light distribution where the emission does not exceed 2.5 percent of the lamp lumens at an angle of 90 degrees above nadir and does not exceed ten percent at a vertical angle of 80 degrees above nadir. Cutoff fixture means a luminaire light distribution where the candela per 1,000 lamp lumens does not numerically exceed 25 (2.5 percent) at or above a verti cal angle of 90 degrees above nadir, and 100 (ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire. Day care facility means a use in which shelter, care, and supervision as provided f or seven or more persons on a regular basis away from their residence for less than 24 hours a day. A day care facility may provide basic educational instruction. The term "day care facility" includes: (1) Nursery school; (2) Kindergarten; (3) Early learning center; (4) Play school; (5) Preschool; and (6) Group day care home. Day care home, family. See "Family day care home." Day-night average sound level (DNL) means the 24-hour average sound level, in decibels, obtained from the accumulation of all events with the addition of ten decibels to sound levels in the night from 10:00 p.m. to 7:00 a.m. The weighing of nighttime events accounts for the usual increased interfering effects of noise during the night, when ambient levels are lower and people are trying to sleep. DNL is a weighted average measured in decibels (db). Deck means a structure abutting a dwelling with no roof or walls except for visual partitions and railings not to exceed 42 inches above finished floor which is constructed on piers or a foundation above grade for use as an outdoor living area. Delicatessen means a store where ready to eat food products, typically meats and salads, are sold. Department means the department of community development. Department director or director means the community development director. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 10 of 39 Design professional of record means the licensed professional whose seal appears on plats or plans subject to these regulations. Detention facility means a detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates. Development, duplex, means a development of duplexes. Development, multifamily means a development of multifamily dwelling units on a single lot of record. Development of regional impact (DRI) study means a review by the Atlanta Regional Commission and the Georgia Regional Transportation Authority of large -scale projects that are of sufficient size that they are likely to create impacts beyond the jurisdiction in which each p roject will be located. Development permit standards means requirements established for each administrative and use permit such as setbacks, access, landscape and buffer areas, hours of operation, etc. Development, single-family, means a development of single-family dwelling units, with each dwelling unit including accessory structures, on a separate lot of record. Development standards means dimensional measurements as specified in zoning districts relating to such standards as yard setbacks, lot area, lot frontage, lot width, height and floor area. Development, townhouse, means a development of townhouse dwelling units. Distribution line means a pipeline other than a gathering or transmission line. District, nonresidential, means a term used to identify all districts except single-family dwelling districts, all apartment districts, R-6, TR, MHP and residential portions of a CUP, includes AG -1. District, residential, means a term which applies to all single-family dwelling districts, all apartment districts, R-6, TR, MHP and residential portions of a CUP, excludes AG-1. Drainage facility means a facility which provides for the collection, removal and detention of surface water or groundwater from land by drains, watercourse or other means. Drive-in/up restaurant means a restaurant designed for customers to park and place and receive food orders while remaining in their motor vehicles. Drive through means a feature of an establishment which encourages or permits customers to receive services or obtain goods while remaining in or on a motor vehicle. Drive-in theater means an establishment laid out such that patrons may enter and park to view a motion picture while remaining in their vehicle. Driveway means a vehicular access way. Dwelling means any building or portion thereof which is designed for or used for residential purposes for periods of more than 30 consecutive days. Dwelling, duplex, means a structure that contains two dwelling units. Dwelling, multifamily. (1) The term "multifamily dwelling" means a structure containing three or more dwelling units. (2) The term "multifamily dwelling" does not include: - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 11 of 39 a. Townhouses; b. Triplexes; or c. Quadruplexes. Dwelling, quadruplex, means four attached dwellings in one building in which each unit shares one or two walls with an adjoining unit. Dwelling, triplex, means a building containing three dwelling units, each of which has direct access to the outside or to a common hall. Dwelling unit means one or more rooms constructed with cooking, sleeping and sanitary facilities designed for and limited to use as living quarters for one family. Dwelling unit, single-family, means one dwelling unit that is not attached to any other dwelling unit by any means. Dwelling unit, rowhouse. See "Dwelling unit, townhouse." Dwelling unit, townhouse, means a single-family dwelling that shares a party wall with another of the same type and occupies the full frontage l ine. The term dwelling unit, townhouse and dwelling unit, rowhouse are synonymous. Engineer means a registered, practicing engineer, licensed by the state. Environmentally adverse means any use or activity which poses a potential or immediate threat to the environment and is physically harmful or destructive to living beings as described in the Executive Order 12898 regarding environmental justice. Environmentally stressed community means a community exposed to a minimum of two environmentally adverse conditions resulting from: (1) Public and private municipal uses: a. Solid waste and wastewater treatment facilities; b. Utilities; c. Airports; and d. Railroads; and (2) Industrial uses: a. Landfills; b. Quarries; and c. Manufacturing facilities. Escort and dating services means any business that arranges a meeting between an escort and a client for entertainment or companionship for a fee. Exotic animal means any animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include, but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids wi th domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified: (1) Nonhuman primates and prosimians (monkeys, chimpanzees, baboons). - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 12 of 39 (2) Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars). (3) Canidae (wolves, coyotes, foxes, jackals). (4) Ursidae (all bears). (5) Reptilia (all venomous snakes, all constricting snakes). (6) Crocodilia (alligators, crocodiles). (7) Proboscidae (elephants). (8) Hyanenidae (hyenas). (9) Artiodatyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats). (10) Procyonidae (raccoons, coatis). (11) Marsupialia (kangaroos, oppossums). (12) Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules). (13) Edentara (anteaters, sloths, armadillos). (14) Viverridae (mongooses, civets, and genets). Exterior street means a street, either public or private that is not located within a subdivisio n or final plat. Family. (1) The term "family" means one or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, or up to four unrelated persons, occupying a dwelling unit and living as a single housekeeping unit. (2) The term "family" does not include persons occupying a roominghouse, boardinghouse, lodginghouse, or a hotel. Family day care home means a home occupation in which shelter, care, and supervision are provided for six or fewer persons on a regular basis. A family day care home may provide basic educational instruction. Farm means: (1) A parcel of land which is used for the raising of animals (including fish) on a commercial basis, such as: a. Ranching; b. Dairy farming; c. Piggeries; d. Poultry farming; and e. Fish farming. (2) A facility for the business of boarding or renting horses to the public; or (3) A site used for the raising or harvesting of agricultural crops such as wheat, field forage and other plant crops intended for food or fiber. Fast food restaurant. See "Restaurant, fast food." - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 13 of 39 Fence means an enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth. Fence, Equestrian means fences made from treated and/or painted wooden boards nailed or screwed to posts, split rails with rounded ends that slide into holes in posts, PVC plastic boards, and wooden boards coated with vinyl with 1” x 6” or 2” x 6” boards and minimum 4”x4” for posts. The height shall be a minimum of 60 inches from average grade and may include a 3 or 4 board configuration with a parallel or cross design. Colors shall be black, dark brown, or white. Columns constructed of brick or masonry is also acceptable and shall not exceed 66 inches in height from average grade. Financial establishment means an establishment for the custody, loan, exchange, or issue of money, for the extensions of credit, and for facilitating the transmission of funds. Flag lot means a lot where frontage to a public street is provided via a narrow strip of land forming a pole or stem to the buildable portion of the lot. Flea market and second hand surplus retailers means an establishment selling secondhand articles, antiques, curios and cut-rate merchandise, typically outdoors and in individually rented stalls. Flood lamp means a form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Floodlight means a form of lighting designed to direct its output in a diffuse, more or less specifi c direction, with reflecting or refracting elements located external to the lamp. Floodplain management terms. The following definitions apply to sections of the zoning ordinance on floodplain management: (1) As-built drawings means plans which show the actual locations, elevations, and dimensions of the improvements as certified by a professional engineer or a licensed surveyor in the state. (2) Base flood means the flood having a one -percent chance of being equaled or exceeded in any given year the 100-year flood. (3) Base flood elevation (BFE) means the highest water surface elevation anticipated at any given point during the base flood. (4) Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, such as mining, dredging, filling, grading, paving, excavation or drilling operations. (5) Federal Emergency Management Agency (FEMA) means the federal agency which administers the National Flood Insurance Program. This agency p repares, revises and distributes the maps and studies adopted under sections 64-258 through 64-315 (6) Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source. (7) Flood elevation study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations. (8) Flood boundary and floodway map means an official map of Fulton County on which FEMA has delineated the various flood boundaries, the floodway fringe, and the floodways. Comment [RM2]: Created new definition for equestrian fence to better define what is considered equestrian fencing. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 14 of 39 (9) Flood fringe means that area contained by the flood boundaries exclusive of the regulatory floodway. (10) Flood insurance rate map (FIRM) means the official map of Fulton County on which FEMA has delineated the risk premium zones. (11) Flood insurance study (FIS) means a compilation of flood-related data obtained from the flood studies for the unincorporated areas of Fulton County, Georgia, prepared by FEMA. (12) Floodplain means lands subject to flooding, which have a one percent probability of flooding occurrence in any calendar year; the 100 -year floodplain is shown on the Flood Boundary and Floodway Map. The term "floodplain" is also referred to as area of moderate flood hazard. (13) Floodprone area means areas shown on the flood insurance rate map as "Zone B" (zone where the contributing drainage area is less than one square mile) and which are determined by the public works department to be a hazard to adjacent properties or development in the event of the base flood. (14) Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (15) Floodway. See "Regulatory floodway." (16) Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. (17) Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. (18) Intermediate regional flood (IRF) elevation. See "Base flood elevation." (19) Lowest floor means the lowest minimum floor including basement and attached garage. (20) Map means the flood boundary and floodway map or the flood insurance rate map. (21) Mean sea level means, for purposes of floodplain management, the National Geodetic Vertical Datum (NGVD) of 1929. (22) Mobile home. See "Mobile home." (23) Mobile home park/mobile home subdivisi on means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including at a minimum the installation of utilities, either final site grading or the pouring of concrete pads and construction of streets) was completed on or after April 5, 1972. (24) NGVD means the National Geodetic Vertical Datum. (25) New structure means any proposed structure which does (did) not have a valid building permit prior to the effective date of this (amendment) ordinance. Note—This resolution was adopted on March 11, 1955. Records suggest that floodplain management provisions were first adopted on April 5, 1972. (26) Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 15 of 39 (27) Riverine means relating to, formed by, or resembling a river (including tributaries), stream, or brook. (28) Special flood hazard area means those lands subject to periodic flooding and shown on the flood insurance rate map as a numbered or unnumbered "A" zone. (29) Start of construction means the first placement of permanent construction of a structure, excluding a mobile home, on a site, such as the pouring of slabs or footing or any work beyond excavation. a. The term "start of construction" includes for any structure, except a mobile home, which has no basement or poured footings, the first permanent framing or assembly of the structure or any part thereof on its park or mobile home subdivision. For a mobile home, the term "start" means the date on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of pads, and installation of utilities) is completed. b. The term "permanent construction" does not include: 1. Land preparation, such as clearing, grading, and filling; 2. The installation of streets and walkways; 3. Excavation for a basement, footings, piers or foundations, and the erection of temporary forms; or 4. The installation of accessory buildings, such as garages and shed s, apart from the main structure. (30) State coordinating agency means the floodplain management coordinator of the state department of natural resources. (31) Structure means all walled and roofed buildings, storage tanks and other structural improvements located principally above ground. (32) Water surface elevation means the relationship between the projected heights and the NGVD reached by floods of various magnitudes and frequencies in the floodplains. Floor area, gross, means the sum of all floors of a structure as measured to the outside surfaces of exterior walls or the center of connected or common walls. (1) The term "gross floor area" includes: a. Common public areas, such as lobbies, restrooms and hallways; and b. Spaces devoted exclusively to permanent mechanical systems, permanent storage areas, stairwells and elevator shafts. (2) The term "gross floor area" does not include: a. Internal parking and loading areas; b. Attics; c. Porches; d. Balconies; and e. Other areas outside of the exterior walls of the building. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 16 of 39 (3) Gross floor area is used to determine the building sizes for all but single -family dwellings and to determine required parking when floor area is the designated measure for a use. The term "gross floor area" is commonly referred to as floor area. Floor area, ground, means the heated floor area of the first story of a building above a basement or, if no basement, the lowest story. Floor area, heated. (1) The term "heated floor area" means the sum of all heated area of a dwelling or dwelling unit, as appropriate, measured to the inside surfaces of exterior walls. (2) The term "heated floor area" does not include: a. Porches; b. Balconies; c. Attics; d. Basements (finished or unfinished); e. Garages; f. Patios; and g. Decks. Floor area, net. (1) The term "net floor area" means the sum of all floors of a structure as measured to the outside surfaces of exterior walls. (2) The term "net floor area" does not include: a. Halls; b. Stairways; c. Elevator shafts; d. Attached and detached garages; e. Porches; f. Balconies; g. Attics with less than seven feet of headroom; h. Basements; i. Patios; and j. Decks. Floor area, net leasable, means the gross floor area less the common public areas. Footcandle means a unit of measure for illuminance on a surface that is everywhere one foot from a point source of light of one candle, and equal to one lumen per square foot of area. Fortune telling establishment means all persons, firms or corporations engaging i n the business, trade or profession of fortune-telling, astrology, phrenology, palmistry, clairvoyance, or related practices for a charge or by donation. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 17 of 39 Fuel oil means a liquid petroleum product that is burned in a furnace for the generation of heat or used in an engine for the generation of power. The term "fuel oil" includes oil that may be: (1) A distilled fraction of petroleum; (2) A residuum from refinery operations; (3) A crude petroleum; or (4) A blend of two or more of the oils in subsections (1) through (3) of this definition. Full cutoff means a luminaire light distribution where zero candela intensity occurs at or above an angle of 90 degrees above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically exceed 100 (ten perce nt) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire. Full cutoff fixture means an outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Funeral home means an establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals. Garage, automobile repair. See "Repair garage, automobile." Garden center means a business whose primary operation is the sale of seeds and organic and inorganic materials, which include, but are not limited to, trees, shrubs, flowers, and other plants for sale or transplanting, mulch, pine straw, and other organic products for lan dscaping purposes, and other limited retail accessory products for gardening and landscaping. Gasoline station means a commercial retail establishment for the dispensing and distribution of automotive fuels with or without a retail convenience store. Gathering line means a pipeline that transports fuel oil/liquid petroleum product from a current production facility to a transmission line or main. Glare means the sensation produced within the visual field by luminance that is sufficiently greater than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss in visual performance and visibility. Golf course means a use of land for playing the game of golf. (1) The term "golf course" includes a country club and a driving range as an accessory use. (2) The term "golf course" does not include miniature golf. Governmental facility means a building or institution provided by the government to care for a specified need, such as a courthouse or county jail. Grade means the average elevation of the finished surface of the ground adjacent to all sides of any structure. Gravel road means an unpaved road surfaced with gravel material that is constructed and maintained to function as an all-weather surface for vehicular and pedestrian travel. Green space means permanently protected land and water, including agricultural and forestry land that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals: (1) Water quality protection for rivers, streams, and lakes; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 18 of 39 (2) Flood protection; (3) Wetlands protection; (4) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (6) Scenic protection; (7) Protection of archaeological and historic resources; (8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; a nd (9) Connection of existing or planned areas contributing to the goals set out in this definition. Group residence for children means a dwelling unit or facility in which fulltime residential care is provided for children under the age of 17 years as a single housekeeping unit. A group residence must comply with applicable federal, state and local licensing requirements. A group r esidence may not serve the purpose of, or as an alternative to, incarceration. Group residence/shelter. (1) The term "group residence/shelter" means a state -licensed 24-hour residential facility functioning as a single housekeeping unit for the sheltered care of persons with special needs which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation. Bedroom suites shall not include kitchen facilities. (2) The term "group residence/shelter" does not include those facilities which exclusively care for children under the age of 17 years. Guesthouse means a detached accessory dwelling unit located on the same lot with a single -family dwelling unit. A guesthouse may be only used by relatives, guests or employees that work on the property without payment for rent. Gymnasium means a room or building used for various indoor sports and physical fitness usually equipped with spectator accommodations, locker and shower rooms, classrooms, and/or swimming pools. Hardship means the existence of extraordinary and exceptional conditions pertaining to the size, shape, or topography of a particular property, because of which the property cannot be developed in strict conformity with the provisions of this zoning ordinance. Health club/spa means a commercial establishment whose members pay a fee to use its health and fitness facilities and equipment. This definition does not include residential or subdivision amenities areas. Height means the vertical distance measured from the finished grade along all walls of a structure to the highest point of the coping or parapet of a flat roof or to the average height between eaves and ridge for gable, hip and gambrel roofs. Historic period lighting means commercial lighting with an architectural design from the late 19th and early 20th centuries. Home occupation means an accessory use of a dwelling unit for business, operated by members of the resident family only (see section 64-213). - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 19 of 39 Home schooling means the practice of teaching one's own children at home in accordance with O.C.G.A. §§ 20-2-690 and 20-2-690.1. Hoop stress means a causation of internal and external pressure loading on the pipe. Hospital means the provision of inpatient health care for people, including: (1) General medical and surgical services; (2) Psychiatric care and specialty medical facilities; and (3) Outpatient facilities. Hotel, apartment, means a use which provides individual units which include cooking facilities, and which are used for temporary lodging to persons not related to the owner for fewer than 30 days. Hotel/motel means a building in which lodging and boarding is provided for fewer than 30 days. The term "hotel/motel" includes a restaurant in conjunction therewith. The term "hotel/motel" also means a tourist court, motor lodge and inn. IESNA means the Illuminating Engineering Society of North America, a nonprofit professional organization of lighting specialists that has established recommended design standards for various lighting applications. Illuminance means the quantity of light arriving at a surface divided by the area of the illuminated surface, measured in footcandles. (1) Horizontal illuminance applies to a horizontal surface. (2) Vertical illuminance applies to a vertical surface. (3) The term "average illuminance" means the level of illuminance over an entire illuminated target area. (4) The term "maximum illuminance" means the highest level of illuminance on any point within the entire area. (5) The term "minimum illuminance" means the lowest level of illuminance on any point within the entire area. Illuminance levels. (1) The term "illuminance levels" means illuminance levels and footcandles noted in this zoning ordinance. (2) The term "illuminance levels" also means the illuminance levels occurring just prior to lamp replacement and luminaire cleaning. (3) The average illuminance level applies to an entire illumin ated target area. (4) Minimum and maximum illuminance levels apply to small areas within the entire illuminated target area. Unless otherwise noted, illuminance levels refer to horizontal illuminance levels. Illumination. (1) The term "direct illumination" means illumination which is projected from within a sign, building, etc. (2) The term "indirect illumination" is illumination which is projected onto a sign, building, etc. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 20 of 39 Impervious cover means any manmade paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to: (1) Rooftops; (2) Buildings; (3) Streets; (4) Roads; (5) Decks; (6) Swimming pools; and (7) Any concrete or asphalt. Improvement setback means an area adjacent to a zoning buffer in which no improvements and structures shall be constructed. No development activity such as tree removal, stump removal or grinding, land disturbance or grading is permitted without the approval of the director of community development department. Industrialized building means a building manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. §§ 8-2-110—8-2-112) and the Rules of the Commissioner of the Georgia Department of Community Affairs issued pursuant thereto. State approved buildings meet the state building and construction codes and bear an insignia of approval issued by the commissioner. Institutional uses include: (1) Schools; (2) Colleges; (3) Vocational schools; (4) Hospitals; (5) Places of worship; (6) Asylums; (7) Museums; and (8) Other similar uses or facilities. Junk facility. See "Salvage/storage/junk facility." Kennel means a use for the shelter of domestic animals where the shelter of these animals involves an exchange of revenue in which a business license is required. If the kennel is a nonbusiness operation, its use may be certified by the Fulton County Animal Control Office. Lamp means the component of an outdoor luminaire that produces light. Land disturbance permit means a permit issued by the community development department that authorizes the commencement of alteration or development of a given tract of land or the commencement of any land disturbing activity. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 21 of 39 Land disturbing activity means any alteration of land which may result in soil erosion from water or wind and the movement of sediment into water or onto lands including, but not limited to: (1) Clearing; (2) Dredging; (3) Grading; (4) Excavating; (5) Transporting; and (6) Filling. Landfill, inert waste disposal means a disposal facility, accepting only waste that will not or is not likely to cause production of leachate of environmental concern by placing an earth cover thereon. (1) The term "inert waste" means: a. Earth and earthlike products; b. Concrete; c. Cured asphalt; d. Rocks; e. Bricks; f. Yard trash; g. Stumps; h. Limbs; and i. Leaves. (2) The term "inert waste" does not include other types of industrial and demolition waste not specifically listed in subsection (1) of this definiti on. Refer to the rules concerning solid waste management of the Georgia Department of Natural Resources, Environmental Protection Division, as amended, for further definition. Landfill, solid waste disposal, means a disposal facility accepting solid waste excluding hazardous waste disposed of by placing an earth cover thereon. The term "solid waste" includes waste from domestic, agricultural, commercial and industrial sources. Refer to the rules concerning solid waste management of the Georgia Department of Natural Resources, Environmental Protection Division, as amended, for further definition. Landscape architect means a registered, practicing landscape architect licensed by the state. Landscape strip means an area required by this zoning ordinance or b y conditions of zoning which is reserved for the installation and maintenance of plant materials. Landscape business means a business providing the services described herein at off -site locations. While most of the actual landscape activity occurs off -site, the business owner's property may be approved for equipment storage, parking, material storage and a building or buildings for storage and plant propagation. Landscape businesses typically include outdoor activities such as: lawn installation; mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of trees, shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch or other - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 22 of 39 ground covers; the installation of stone, brick and block wa lkways and retaining walls; and the temporary storage of plant trimmings. Large-scale retail/service commercial development means a retail/service commercial development with at least one large-scale retail structure but no more than four such structures whether freestanding or combined. Large-scale retail/service commercial structure means an individual retail/service commercial structure that is 75,000 square feet or greater. This size threshold refers to an individual establishment and its associated outdoor areas used for display and storage. Laundromat means any commercial laundry where coin-operated or other self-service washing machines are available to individual customers. Laundry and dry cleaning plant distribution center means an establishment performing the dry cleaning and laundering processes on site with or without walk -in facilities and typically sending laundered products out to separate pick up sites. Laundry and dry cleaning shop means a commercial establishment whose business is the c leansing of fabrics with non-aqueous organic solvents and may include laundering off -site. Lawful use means any use of lots or structure which is not in violation of any existing federal, state or local law, statute, regulation or ordinance. Lawn service business means a commercial establishment providing lawn care, maintenance and propagation for a fee. These services are provided at off -site locations. Library means a place set apart to contain books and other literary material for reading, study, or reference, for use by members of a society or the general public. Light, direct, means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of luminaire. Light, fully shielded, means outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. Light, indirect, means direct light that has been reflected or has scattered off of other surfaces. Loading space means an area within the main building or on the same lot, which provides for the loading, or unloading of goods and equipment from delivery vehicles. Lodge and/or retreat/campground means a facility allowed with a use permit which provides space, food and/or lodging facilities for social, educational or recreational purposes. Lot 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. Lot, corner, means a multiple frontage lot adjoining two streets at their intersection. Lot coverage means the percentage of impervious surfaces located on a lot in comparison to the total lot area, calculated by dividing impervious surface area by total lot area. For purposes of calculating lot coverage, impervious surfaces shall include the following: (1) the footprint of the main building regardless of size; (2) the total footprints of any accessory buildings larger than one hundred fifty (150) square feet; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 23 of 39 (3) swimming pools, hot tubs, and associated decks and; (4) parking pads and driveways. For purposes of calculating lot coverage, total lot area shall be the area of the lot reduced by any of the area of any of the following that are located within the boundaries of the lot: (1) golf courses, (2) bodies of water, and (3) streets. Lot frontage means the shortest property line adjoining a street or, for lots requiring no street frontage, oriented toward a street. A property line adjoining a stub street shall not be considered as frontage unless it is proposed for access or is the only street fron tage. Front yard requirements shall be measured from this property line. In situations where a multiple frontage lot has equal distance on street frontages, the director of community development shall determine the legal lot frontage. Lot line, front, means a lot line which extends the entire length of an abutting street from intersecting property line to intersecting property line. The front lot line of a corner lot abuts the street which adjoins the lot for the shortest distance. Lot line/property line means a line established through recordation of an approved plat, or a deed in the absence of a platting requirement, which separates a lot from other lots, or a lot from rights -of-way. Lot line, rear, means, generally, the lot line opposite and most distant from the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and the most distant from the front lot line, not less than 20 feet long, and wholl y within the lot. True triangular lots do not have rear lot lines. Lots with more than one front lot line do not have rear lot lines. The director of the community development department or his or her designee shall make the final determination of rear lot lines when in dispute or undefined by this definition. Lot line, side, means a lot line which is not a rear or front lot line. Lot, multiple frontage, means lots adjoining more than one street. Lot, nonconforming. See "Nonconforming lot, use or structure." Lot-of-record means a lot, whether lawful or unlawful, which appears on a deed and plat recorded in the official records of the clerk of superior court. Lot, unlawful, means any lot-of-record which, at the time of recordation in the official records of the clerk of superior court, was not in compliance with zoning and subdivision laws in effect at that time. Lot width, minimum, means the least dimension required along the building line specified for each district, parallel to the lot frontage and measured between side lot lines. Luminaire means a complete lighting system and includes a lamp and a fixture. Luminaire height means the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire. Maintenance, normal, means the upkeep of a sign for the purpose of maintaining safety and appearance which may include: (1) Painting; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 24 of 39 (2) Bulb replacement; (3) Panel replacement; (4) Letter replacement; and (5) Repair of electrical components and structural reinforcements to its original condition. Manufactured home. (1) The term "manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. (2) The term "manufactured home" includes any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. Manufactured home installation means the construction of a foundation system and the placement or erection of a manufactured home or a mobile home on the foundation system. The term "manufactured home installation" includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home. Marquee means any permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building used for advertising or identification. Massage parlor means any building, structure, or place, other than a regularly licensed and established hospital or dispensary, whose principal business is to practice nonmedical or nonsurgical manipulative exercises or devices upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor or osteopath with or without the use of therapeutic, electrical, mechanical or bathing devices. Massing means varying the massing of a building and includes varying the surface planes of the building: (1) With porches, balconies, bay windows, and overhangs; (2) By stepping-back the buildings from the second floor and above; or (3) By breaking up the roofline with different elements to create smaller compositions. Medical related lodging means a use which provides temporar y lodging for family members of a hospitalized patient. Millinery means an establishment for the crafting, production and, or sale of headwear. Mineral extraction means severance and removal of sand, stone, gravel, top soil, and other mineral resources whenever such severance and removal is not conducted in conjunction with a permitted development activity. Mini-warehouse means a structure or group of structures containing separate spaces/stalls which are leased or rented on an individual basis for the s torage of goods. Minor variance. See "Variance." - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 25 of 39 Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems c ontained therein; and manufactured prior to June 15, 1976, or otherwise does not comply with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. Mobile home park. (1) The term "mobile home park" means use of property for two or more mobile homes for living purposes, and spaces or lots set aside and offered for use for mobile homes. (2) The term "mobile home park" does not include mobile home sales lot. Model home means a dwelling unit used for conducting business related to the sale of a development. Modification means an application requesting change to an approved condition of zoning or use permit, except for conditions that pertain to a change in use, increase in density, and increase in height. Modular building. See "Industrialized building." Modular home means a dwelling manufactured in accordance with the Georgia Industrialized Building Act. See "Industrialized building." Mortuary. See "Funeral Home." Mausoleum means a building where bodies are interred above ground in stacked vaults. Motel. See "Hotel/motel." Multi-tenant means two or more businesses that provide goods and services within separate structures located on the same site or within the same structure that provides wall separation and private access for each business. Museum means an institution devoted to the exhibition, procurement, care, study and display of objects of lasting interest or value. NADIR means the point directly below the luminaire defined as zero degrees vertical angle. Nonconforming (grandfathered) lot, use or structure means a use, lot or structure that was nonconforming at the time of the adoption of the Fulton County Zoning Resolution on March 11, 1955, or subsequent amendments thereto, or created by deed between March 11, 1955 and September 21, 1967, (adoption of the subdivision regulations), and does not now meet the minimum requirements of the district in which it is located. Also, a use, lot or structure which has been made nonconforming by some county or state action. Any change or addition to a use, lot or structure must comply with current provisions of this zoning ordinance. Nonstructural stormwater management practice or nonstructural practice means any natural or planted vegetation or other nonstructural component of the stormwater management plan th at provides for or enhances stormwater quantity and quality control or other stormwater management benefits including, but is not limited to: (1) Riparian buffers; (2) Open and greenspace areas; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 26 of 39 (3) Overland flow filtration areas; (4) Natural depressions; and (5) Vegetated channels. Nursing home. (1) The term "nursing home" means a use in which domiciliary care is provided to three or more chronically ill nonfamily members who are provided with food, shelter and care. (2) The term "nursing home" does not include: a. Hospitals; b. Clinics; or c. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. (3) A convalescent center, nursing home and personal care home are further distinguished in administrative and use permit provisions. Off-premises means a location outside of the subject lot for a designated use. Off-site premises means the location of a structure or use outside the lot -of-record of the subject development, including the adjoining street or other right -of-way. On-premises means the individual lot-of-record on which the use is located. On-site premises means the location of a structure or use within the confines of a property delineated by property lines or, if referenced in a zoning or use permit case, within the confines of the boundaries of the legal description filed with the petition. Office, temporary, means a mobile, manufactured or other structure which is used as an office for real estate sales, on-site construction management and related functions. Requires an administrative permit under temporary structures. Office, permanent, means a room or building wherein a professional person conducts business, typically performing a service for another. Open space means a portion of a site which is permanently set aside for public or private use and will not be developed. The space may be used for pass ive or active recreation or may be reserved to protect or buffer natural areas. (1) The term "open space" includes wooded areas other than required landscape strips and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands , etc. (2) The term "open space" does not include detention facilities and platted residential lots. Ordinance means this City of Milton Zoning Ordinance. Outparcel (spin-site) means a portion of a larger parcel of land generally designed as a site for a separate structure and business from the larger tract. An outparcel may or may not be a subdivision of a larger parcel. To be recognized as an outparcel, the portion must be identified on a site plan approved for the larger parcel. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 27 of 39 Package sales store means an establishment retailing beer, malt, wine, or distilled spirits in the original consumer container, typically sold directly to the final consumer and not for resale. See section 4- 1 of the Milton City Code. Parcel. See "Lot." Parking lot means an off-street area which is used for the temporary parking of vehicle whether paid or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi-story facility. Parking garage/deck. See "Parking lot." Parking space means an area designated for the parking of one vehicle on an all -weather surface. No more than two carport or garage spaces may offset the minimum parking requirements in a single- family residential district. (Specifications included in article VIII.) Path means a cleared way for pedestrians and bicycles that may or may not be paved or otherwise improved. Pawnshop means a business that lends money at interest on personal property deposited with the lender until redeemed. Personal care home/assisted living. (1) The term "personal care home/assisted living" means a state -licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services. (2) The term "personal care home/assisted living" does not include: a. Hospitals; b. Convalescent centers; c. Nursing homes; d. Hospices; e. Clinics; or f. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Personal services, stand alone, means those buildings specifically designed and used for providing personal grooming, and hygiene services. Pet grooming means caring for the appearance of domesticated a nimals kept for pleasure, including bathing and brushing services. Photography studio means a room or building used for professional commercial photography. Pipeline means any conduit through which natural gas, petroleum, oxygen, or other flammable or combustible products, or any of their derivative products are conveyed or intended to be conveyed. Plans review means the act of reviewing plans and specifications to ensure that proposed undertakings comply with various governing laws, ordinances and resolutions. Compliance is subsequently utilized to determine that work and materials are in accordance with approv ed plans and specifications. Plant nursery. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 28 of 39 (1) The term "plant nursery" means any land used to raise trees, shrubs, flowers and other plants for sale or transplanting. (2) The term "plant nursery" does not include: a. The retail sale of any related garden supplies such as chemical fertilizer, tools and other similar goods and equipment; or b. The retail sale of plants not grown on the property. Plat, final, means a finished drawing of a subdivision which provides a complete and accurate depiction of all legal and engineering information required by the subdivision regulations (chapter 50). Certification is necessary for recording. Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient detail to clearly indicate its feasibility, but is not in final form for recordation pursuant to the subdivision regulations (chapter 50). Plumbing shop associated with retail sales means a commercial establishment used primarily for the sale of plumbing and lighting equipment, a nd supplies. Pool hall means any public place including three or more pool tables where a person is permitted to play the game of billiards and for which a charge is made for use of equipment or for which no charge is made for use of equipment and where alcoholic beverages are being served. Porch means a roofed open structure projecting from the exterior wall of a building and having at least 70 percent of the total area of the vertical planes forming its perimeter unobstructed in any manner except by insect-screening between floor and ceiling. Primary variance. See "Variance." Printing shop means a commercial establishment where copying, reproduction and other business services are performed. Prison/correctional facility. (1) The term "prison/correctional facility" means a public or state -licensed private owned buildings, and all accessory uses and structures, used for long -term confinement housing and supervision of persons who are serving terms of imprisonment for violation o f criminal laws. (2) The term "prison" is distinguished from a jail, in that a prison is considered to be larger and for longer terms, and is normally operated under the authority or jurisdiction of the state or federal government. (See Section 64-1826, private correctional facility.) Property, when used in conjunction with an application for rezo ning, means an area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. Protected zone means all lands that fall outside the buildable area of a parcel, all areas of a parcel required to remain in open space, all areas required as landscape strips and buffers (including zoning buffers, state water buffers and tributary buffers) and all tree save areas according to: (1) The provisions of this zoning ordinance; (2) Conditions of zoning; (3) Use permit or variance approval; and (4) The tree preservation ordinance (article III of this zoning ordinance). - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 29 of 39 Radio and television station means an installation consisting of one or more transmitters or receivers, used for radio and, or television communications. This defin ition includes broadcasting organizations and/or studios. Recreation fields means an outside area designed and equipped for the conduct of sports and leisure time activities including, but not limited to: (1) Softball; (2) Soccer; (3) Football; and (4) Field hockey. Recreational court, private. (1) The term "private recreational court" means an improved area designed and intended for the playing of a game or event such as basketball or tennis, and which serves a single -family dwelling, duplex dwelling and multifamily dwelling, or combinations of dwel ling types, including such improved areas which are owned and/or controlled by a neighborhood club or similar organization. (2) The term "private recreational court" does not include a basketball goal adjoining a driveway of typical residential driveway dimensions. Recreational court, public, means an improved area designed and intended for the playing of a game or event such as basketball or tennis, and is operated as a business or as a club unless such club is a neighborhood club or similar organization identified under the definition "Recreational court, private." Recreational facilities includes: (1) Parks; (2) Recreation areas; (3) Golf courses; (4) Playgrounds; (5) Recreation counters (indoor and outdoor); (6) Playing fields; and (7) Other similar uses or facilities. Recreational vehicle means a vehicle used for leisure time activities and as a dwelling unit while traveling. The dimensions of a recreational vehicle shall not exceed a width of 8½ feet and a length of 45 feet. (1) The term "recreational vehicle" includes: a. A camper; b. A motor home; and c. A travel trailer. (2) The term "recreational vehicle" does not include a mobile home. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 30 of 39 Recycling center, collecting, means any facility utilized for the purpose of collecting materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials. Such use may be principal or accessory to a nonresidential use on nonresidentially zoned property, except AG -1 zoned properties unless the primary use is a permitted nonreside ntial use. Recycling center, processing. (1) The term "processing recycling center" means any facility utilized for the purpose of collecting, sorting and processing materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials whenever such use is permitted in M-1 and M-2 zoning districts. (2) The term "processing recycling center" does not include a landfill. Relocated residential structure means a dwelling which has been removed from one location for relocation to another lot. Repair garage, automobile, means a use which may provide a full range of automotive repairs and services including major overhauls. The term "automobile repair garag e" includes paint and body shops. Repair garage, truck and heavy equipment means a use which may provide a full range of repairs and services including major overhauls on trucks and heavy equipment. The term "truck and heavy equipment repair garage" includes paint and body shops. Repair shop means a commercial establishment where small appliances, electronics and small motors are restored to working condition. Research laboratory means a workplace for the conduct of scientific research. Residential use/dwelling means any building or portion thereof where one actually lives or has his or her home. The term "residential use/dwelling" also means a place of human habitation. Restaurant means a food service use which involves the preparation and serving of food to seated patrons. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main struct ure (i.e., patios, decks, etc.) shall not be included in calculating the seating space. The term "restaurant" includes a cafeteria. Restaurant, fast food, means a food service establishment which sells food from a counter or window for consumption on-premises or off-premises. Tables may be provided, and food may be served at a table, but may not be ordered from a table. Retail use means a business whose primary purpose is the sale of merchandise to consumers. Retreat. See "Lodge." Riding area means an area utilized for equestrian purposes including practice sessions, shows, etc., which may or may not be covered or with or without designated seating structures. Right-of-way means a portion of land over which a local or state government has designated a r ight of use. Roadside produce stand means a use offering either farm -grown, prepared food products such as fruits, vegetables, canned foods, or prepared packaged meats for sale from a vehicle or a temporary structure. The consumption of food on-site is prohibited. Roadside vending means the sale of merchandise such as clothing, crafts, household item, firewood, etc., from a temporary table or cart. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 31 of 39 Roominghouse means a residential use other than a hotel or motel in which lodging may be provided to nonhousehold members for periods of 30 days or longer, and which does not include the provision of meals. Rural or Agricultural Event Facility means a permanently established facility to include both indoor and/or outdoor sites rented on a regular or seasonal b asis for public and private gatherings. Types of uses may include but are not limited to weddings, corporate events, retreats, community events, private parties and family gatherings/reunions. Events do not include private parties hosted at a private home not renting their property to a third party specifically for the use of the reception/event site. The facility takes advantage of special rural characteristics such as natural features, historic structures and landscapes, special views, open vistas, or a secluded pastoral locale. Salvage/storage/junk facility means any use involving the storage or disassembly of wrecked or junked automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing in scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or other building materials; and the storage or accumulation outside of a storage building of used vehicle tires or tire carcasses which cannot be reclaimed for their original use. Su ch uses are storage and salvage facilities whether or not all or part of such operations are conducted inside or outside a building or as principal or accessory uses. State approval is required for all sites utilized for reclamation and disposal of toxic and hazardous waste. Scale refers to the relationship of the size of a building to neighboring buildings and of a building to a site. In general, the scale of new construction should relate to the majority of surrounding buildings. School, business, music or dance, means an educational institution devoted to a specific field of learning whether public or private. School, private, means an educational use having a curriculum at least equal to a public school, but not operated by the Fulton County Board of Education. School, special, means an educational use devoted to special education, including the training of gifted, learning disabled, mentally or physically handicapped persons, but not operated by the Fulton County Board of Education. Schools, colleges and universities means any educational facility established under the laws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without charge, to all residents of the city, town or other district; private schools which have students regularly attending classes and which teach subjects commonly taught in these schools of this state; any educational facility operat ed by a private organization or local county, or state that provides training or education beyond and in addition to that training received in grades kindergarten to 12th, including, but not limited to: (1) Trade, business and vocational schools; and (2) Any institution of higher learning, consisting of an assemblage of colleges united under one corporate organization or government, affording instruction in the arts and sciences and the learned professions, and conferring degrees. Screen means a fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of these that is designed to provided a visual and physical barrier. Seasonal business use means a primary use involving the sale of items related to calendar holidays, such as Christmas trees, Halloween pumpkins, etc., which may be conducted outside. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 32 of 39 Secondary variance. See "Variance." Self-storage/mini means a single-level structure or group of structures containing separate spaces/stalls and which are leased or rented to individuals for the storage of goods. Self-storage/multi means a multi-level structure containing separate storage rooms/stalls under a single roof that are leased or rented. Senior housing means a single-family or multifamily development intended for, operated for and designed to accommodate residents 55 years of age and older. Senior housing communities are designed for seniors to live on their own, but with the security and conveniences of community living. Some provide communal dining rooms and planned recreation al activities (congregate living or retirement communities), while others provide housing with only minimal amenities or services. Service commercial use means a business whose primary purpose is to provide a service. Service line means a distribution line that transports natural gas from a common source of supply to: (1) A customer meter or the connection to a customer's piping, whichever is farther downstream; or (2) The connection to a customer's piping if there is no customer meter. The term "customer meter" means the meter that measures the transfer of gas from one operator to a customer. Service station means a use which provides for the sale of motor vehicle fuels and automotive accessories, and which may provide minor repair and maintenance services. A service station shall be limited to four or fewer bays excluding no more than one attached or detached bay for washing cars. Setback means a space between a property line and a building or specified structure. Setback, minimum, means the minimum yards as specified in the various use districts. A minimum required space between a property line and a structure. An area identified by a building line. Sidewalk means a paved area designated for pedestrians which is constructed in accord ance with city standards. Site plan means a detailed plan, drawn to scale, based on a certified boundary survey, and reflecting conditions of zoning approval, various requirements of state law, and zoning ordinances and other applicable ordinances. Site plan, preliminary, means a detailed plan, normally associated with rezoning and use permit requests, which is drawn to scale and reflects the various requirements of state law and of city ordinances. A preliminary site plan must be drawn to scale and shall contain information listed for such a plan as prescribed by the community development department. Skywalk means an elevated, grade separated pedestrian walkway or bridge located over a public right-of-way. Special event. (1) The term "special event" means an event or happening organized by any person or organization which will generate or invite considerable public participation and spectators for a particular and limited purpose of time including, but not limited to: a. Special sales and service promotions; b. Car shows; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 33 of 39 c. Arts and crafts shows; d. Horse shows; e. Carnivals, festivals, exhibitions, circuses and fairs; f. Show houses; and g. Tours of homes for charity. (2) Special events are not limited to those events conducted on the public streets b ut may occur entirely on private property. (3) Special events may be for profit or nonprofit. (4) Special events which will occur in the public right-of-way, such as roadway footraces, fundraising walks, bike-a-thons, parades, etc., are subject to the approval of the city police department. Specified anatomical areas means less than completely and opaquely covered human genitals, pubic regions, buttocks, or female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; or (3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts. Spill light means the light that illuminates surfaces beyond the intended area of illumination caused by the uncontrolled direct light component from the lumin aires. Stadium means a large open or enclosed structure used for sports and other major events and partly or completely surrounded by tiers of seats for spectators. Stormwater better site design means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. The term "stormwater better site design" includes: (1) Conserving and protecting natural a reas and greenspace; (2) Reducing impervious cover; and (3) Using natural features for stormwater management. Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent incre ased flood damage, streambank channel erosion, habitat degradation and water quality degradation as determined by engineering studies, in a manner which enhances and promotes the public health, safety and general welfare. Stormwater management facility means any infrastructure that effects stormwater management and which controls or conveys stormwater runoff. Story. (1) The term "story" means a portion of a building between the surface of any floor and the floor or space above it; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 34 of 39 (2) The term "story" does not include basements and attics. Story, half, means a heated and finished area below a roof, one or more of the vertical walls of which are less than normal ceiling height for the building. Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be public or they may be private if specifically approved by the community development department as part of a subdivision plat or approved through the privatization process. (1) Public streets means rights-of-way used for access owned and maintained by the federal, state, or local government. (2) Private streets means roadways and parallel sidewalks similar to and having the same function as a public street, providing vehicular and pedestrian access to more than one prope rty, but held in private ownership (as distinct from a driveway). Private streets are constructed to city standards but owned and maintained by a private entity. Necessary easements for ingress and egress for police, fire, emergency vehicles and all operat ing utilities shall be provided. Should the city ever be petitioned to assume ownership and maintenance of the private streets prior to dedication of the streets, they must be brought to acceptable city standards subject to the approval of the director of public works. (3) Stub-out streets means streets having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have, but may be required to have, a temporary vehicular turnaround. This temporary termination is to provide connectivity to future developments and may be constructed without curb and gutter provided such stub -out street meets the standards of the fire department. (4) Driveway means a vehicular access way in private ownership, other than a private street, which provides access primarily to only one property or project, or to no more than three single -family detached residences. (5) Roadway. a. The term "roadway" means the paved or graveled portion of a street from back of curb to back of curb (or edge of pavement to edge of pavement for streets not having curbs). b. The term "roadway" does not include driveway aprons, bridges, and large single and multi - cell culverts which in a hydrologic sense can be considered to function as a bridge. (6) Freeway means any multi-lane roadway having full access control and separation of directional traffic. A freeway accommodates large volumes of high speed traffic and provides efficient movement of vehicular traffic for interstate and major through travel. (7) Principal arterial means any roadway that has partial or no access control and is primarily used for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjace nt land. (8) Minor arterial means any roadway that has partial or no access control and is primarily used for interconnectivity of major arterials and places more emphasis on access to adjacent land over mobility than principal arterials. (9) Collector road means any roadway that has partial or no access control and has more emphasis on access to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and from the arterial system to their destination points and allow acce ss to the local roads. (10) Local road means any roadway that has no access control and places strong emphasis on access to adjacent land over mobility while service to through traffic is discouraged. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 35 of 39 (11) Full access control means that preference is given to through traffic by providing access connections only with selected public roads and by prohibiting crossing at grade and direct private connections. (12) Partial access control means that preference is given to through traffic to a degree that in addition to connection with selected public roads, there may be some crossing at grade and some private connections. (13) No access control means that preference is generally given to access to adjacent land rather than mobility. Structure. (1) The term "structure" means anything built or constructed which occupies a location on, or is attached to, the ground. (2) The term "structure" does not include: a. Driveways; b. Surface parking lots; c. Patios; and d. Similar paved surfaces. Structure, accessory, means a subordinate structure, customarily incidental to a principal structure or use as determined by the Director of Community Development. and located on the same lot. (1) Examples of accessory structures in single -family dwelling districts include outbuildings, such as, tool sheds, woodsheds, workshops, outdoor kitchens, pool houses, gazebos, guesthouses, storage sheds, detached garages and detached carports, etc. (2) The term "accessory structure" does not include: a. Fences and retaining walls; b. Driveways; c. Surface parking lots; d. Patios, and similar paved surfaces. Structure, principal, means a structure in which the principal use or purpose on a property occurs, and to which all other structures on the property are subordinate. The term "principal" is synonymous with the terms "main" and "primary." Subdivision means the division of land into two or more lots. The term "subdivision" also means a development consisting of subdivided lots. Surface, all-weather, means any surface treatment, including gravel, which is applied to and maintained: (1) So as to prevent: a. Erosion; b. Vehicle wheels from making direct contact with soil, sod or mud; and (2) Which effectively prevents the depositing of soil, sod or mud onto streets from areas required to be so treated. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 36 of 39 Swimming pool, private, means a recreation facility designed and intended for water contact activities which serves single-family dwellings, duplex dwellings and multifamily dwellings, or combinations of dwelling types, including pools which are owned and controlled by a neighborhood club or similar organization. Swimming pool, public, means a recreation facility designed and intended for water contact activities which is operated as a business or as a club unless such clu b is associated with a neighborhood club or similar organization. Tattoo and body art or piercing establishment means any establishment whose principal business activity, either in terms of operation or as held out to the public, is performing the practic e of physical body adornment by using the techniques of body piercing and tattooing. For the purposes of this code, the definition does not include ear piercing or body painting with pigments that are temporary in nature. Tenant panels means an on-premises sign panel that lists the name of tenants within a shopping center or development which the primary sign identifies. Theater means a building or area designed primarily for showing performing arts or motion pictures. Thoroughfare, major, means any street which is classified in the transportation element of the comprehensive plan as either a freeway, an arterial or a major collector. Thoroughfare, minor, means any street which is classified in the transportation element of the comprehensive plan as a minor collector or local street. Timber harvesting means a forestry operation including the raising and harvesting of timber, pulp wood, and other forestry products for commercial purposes, the construction of roads, insect and disease control, fire protection, and may include the temporary operation of a sawmill and or chipper to process the timber from said parcel. This does not include the cutting of timber associated with approv ed land development. Tinsmithing shop means an establishment wherein tin ware, sheet metal or other light metals are formed or repaired. Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self -supporting lattice towers, guyed towers and monopoles but not alternative antenna support structures. (1) The term "tower" includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and the like. (2) The term "tower" does not include amateur radio antenna. Transfer station means a facility used to transfer solid waste from one transportation vehicle to another for transportation to a disposal facility or processing operation. Transmission line means a pipeline other than a gathering line that: (1) Transports fuel oil/liquid petroleum product from a gathering line or s torage facility (tank farm) to a distribution center or storage facility (tank farm); or (2) Transports fuel oil/liquid petroleum product within a storage field. Trespass light means the off-site spill light that illuminates beyond the property boundaries in which the light fixture is installed, where it is neither wanted nor needed. Comment [RM3]: Fire Marshal indicated that it probably would not happen for fire protection, but keep just in case it is needed. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 37 of 39 Truck terminal means a primary use of property where trucks/trailers are either temporarily stored, maintained or based. Trucks/trailers shall have current registration and l icense plates with decal. (Permitted M-2 heavy industrial district.) Use means the purpose or function arranged or intended for a structure or property. Use, accessory, means a subordinate use which is customarily incidental to the principal use of a lot , and which is located on the same lot as a principal use. Use permit means a permit approved by the city council, pursuant to a public hearing, which authorizes a use which must meet certain standards which exceed the requirements of the district as -a- whole. Use, principal, means the primary or main purpose or function of a lot or structure. The term "principal" is synonymous with the terms "main" and "primary." Variance. (1) Administrative minor variance means a variance to the minimum district yard r equirements of not more than one foot, granted administratively by the director of community development. (2) Administrative variance means a request: a. For relief from the standards contained in article XVII, development regulations; b. To reduce the ten-foot improvement setback adjacent to buffers; or c. For a ten percent reduction of parking spaces as required in section 64-1413 (3) Concurrent variance means a request for a primary variance concurrently with a rezoning petition, modification or use permit. (4) Minor variance means an application requesting deviation from the minimum yard requirements, not to exceed ten percent of the dimensional requirements. (5) Primary variance means an application requesting relief from the standards of the zoning ordinance, except relief from use, minimum lot area, or minimum lot frontage. (6) Secondary variance means an appeal of a decision or action of a department director authorized to hear a variance request or interpretation of this zoning ordinance. Vegetative screen means an evergreen planting which, within three years of planting, provides a 100 percent visual barrier between a lot and adjacent lots and uses with a minimum height of six feet. A vegetative screen is composed of plant materials. Vehicle, junk or salvage, means any automobile, truck or other vehicle which is missing one of the following: (1) Current registration; (2) License plate with current decal; (3) Proof of liability insurance; and (4) Drivetrain component for more than 30 days. Veterinary clinic/hospital means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 38 of 39 Video arcade means any building structure or place where there are operated more than 15 coin - operated or self-service bona fide amusement games as that term is defined in O.C.G.A. § 16 -12-35(d). Waste means materials that are discarded, disposed of or no longer usable. Waste disposal boundary means the limit of all waste disposal areas, appurtenances, and ancillary activities including, but not limited to: (1) Internal access roads; and (2) Drainage control devices. Waste, hazardous. See "Georgia Department of Natural Resources" definition. Waste, solid. See "Georgia Department of Natural Resources" definition. Wild animal means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals. Wildlife means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish pr oduced by aquaculturists registered under O.C.G.A. § 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof. Yard means a land area extending between a structure and a lot line. Yard, front, means a yard abutting any street except the side street on a corner lot. Front yards extend the entire length of an abutting street from intersecting lot line to intersecting lot line. The front yard of corner lots shall be applied to the street which abuts the lot for the shortest distance. Yard, minimum, means the minimum distance between a building or specified structure and a lot line as specified in the district regulations. Yard, rear, means the minimum required distance between the rear lot line and a structure. Tru e triangular lots do not have rear yards. Lots with more than one front lot line do not have rear yards. The director of community development or his or her designee shall make the final determination of rear yards when in dispute or undefined by this definition. Yard, side, means a yard which is not a front or rear yard. Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line, such as "patio homes" or "townhouses." Zoning conditions means the requirements placed on property by the city council at the time of approval of a rezoning and use permit. Zoning modification means an application to change approved zoning conditions on rezonings and use permits where it has been determined by the director of community development that the requested change involves a matter of significant public interest. (Ord. No. 11-05-96, § 1, 5-16-2011; Ord. No. 11-06-103, § 1, 6-20-2011; Ord. No. 12-10-149, § 1, 10-15-2012; Ord. No. 13-03-162, § 1, 3-18-2013; Ord. No. 13-04-171, § 1, 4-22-2013; Ord. No. 13- 06-177, § 1, 6-17-2013) - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (June 2, 2014 First Presentation) 5/29/20145/28/20145/27/2014 Page 39 of 39 Sec. 64-2. Purpose and title. (a) Purposes. This ordinance is entered as part of a comprehensive plan designed for the purposes, among others of: (1) Lessening congestion on the roads and streets; (2) Securing safety from fire, flood, and other dangers; (3) Providing adequate light and air; (4) Promoting the health and general welfare; and (5) Encouraging such distribution of population and such classification of land uses and utilization as will facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation and other public requirements. (b) Considerations. These regulations are made with reasonable consideration, among others: (1) To the character of the districts and their peculiar suitability for particular uses; and (2) With a general view of promoting: a. Desirable living conditions; b. Protecting property against blight and depreciation; and c. Encouraging the most appropriate use of land throughout Fulton County. Secs. 64-3—64-21. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-01 AN ORDINANCE TO AMEND ARTICLE I, SECTION 64-1, DEFINITIONS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article I, Section 64-1, Definitions of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-01 AN ORDINANCE TO AMEND ARTICLE I, SECTION 64-1, DEFINITIONS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article I, Section 64-1, Definitions of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF'HF HF BEST (Q JALiTY OF LIFT IN GL,',1RGIA' MILTO-NIr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-02 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL 8Y CITY MANAGER: XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: �) YES O NO CITY ATTORNEY REVIEW REQUIRED: RYES NO APPROVAL BY CITY ATTORNEY {APPROVED ()NOT APPROVED PLACED ON AGENDA FOR: O Z 1 4 REMARKS k 4 ©'* You=0" . PHONE: 678.242.25001 FAX: 678.242.2499 "B Community ,� info@cityofmiitonga.us I www.cityofmiltonga.us i,- 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 " `°`' a To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted May 26, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: RZ14-02 - To amend Article IX, Administrative Permits and Use Permits of the City of Milton Zoning Ordinance (Chapter 64 of the City Code) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: This text amendment is part of five text amendments being reviewed concurrently with the Northwest Fulton Overlay District being the main focus. As Staff is making changes there is a need to propose minor edits to the Use Permit section of the ordinance. It was not the intent for this text amendment to do a major edit to the Use Permits. The Planning Commission did recommend that Quarries and Surface Mining Sites (Sec 64-1824) and Race Tracks (Sec 64- 1827) be deleted entirely. Staff has also included the newly proposed Use Permits for Rural or Agricultural Event Facility and Artist Studio even though they are separate text amendments. Listed below are the major changes proposed in the amendment: 1. Deletion of the expiration of Use Permits 2. Included Rural Residential (RR) as it will replace the R-2 (Residential) district. 3. Amended buffer requirements for various use permits as needed. 4. Where appropriate, included the Crabapple or Deerfield/Hwy 9 Form Based Codes as required districts. 5. Within the Festivals or Events, outdoor/indoor use permit, corrected the required access for curb cuts. 6. Where applicable, included the requirement and citation of the Night Sky Illumination ordinance. Funding and Fiscal Impact: None anticipated. Page 2 of 2 Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the definitions. Legal Review: Paul Frickey - Jarrard & Davis (May, 2014) Concurrent Review: None. Attachment(s): Text Amendment and Ordinance for RZ13-02 - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. ADMINISTRATIVE PERMITS AND USE PERMITS RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 Page 1 5/29/20145/28/20145/27/2014 ARTICLE IX. ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 1. - GENERALLY DIVISION 2. - USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS DIVISION 5. - MISCELLANEOUS USES - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 1. GENERALLY RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 2 DIVISION 1. GENERALLY Sec. 64-1523. Scope and intent. Sec. 64-1524. Application and approval. Sec. 64-1525. Applicability. Sec. 64-1526. Administrative permits; generally. Secs. 64-1527—64-1545. Reserved. Sec. 64-1523. Scope and intent. This article specifies uses which are not classified as permitted uses in zoning districts, and are therefore only allowed through the approval of an administrative permit or a use permit. The standards which apply to each use are enumerated and must be met in order for an application to be granted. Sec. 64-1524. Application and approval. (a) Uses allowable with an administrative permit and the minimum standards for such uses are listed in sections 64-1592 through 64-1615 (b) Uses allowable with a use permit and the minimum standards for such uses are listed in division 4 of this article. Sec. 64-1525. Applicability. Uses enumerated herein may be authorized by a administrative permit or use permit, as specified. The regulations contained in this article shall not apply to any permitted use in any zoning district. Sec. 64-1526. Administrative permits; generally. Any use authorized by an administrative permit shall be approved and permitted by the director of the community development department whenever the proposed use complies fully with the requirements of the subject property's zoning district and standards as set forth in sections 64-1592 through 64-1615. Each requested use for which an administrative permit is required shall be assigned an administrative permit number and charged a fee. Said permit shall be posted on site prior to commencement of use. Variances to administrative permit standards may be requested by petition to the board of zoning appeals. In certain cases, conditions are imposed by the director of the public works department with respect to roadway, water, sewer and other infrastructure improvements, and rights -of-way dedications which must be met. Secs. 64-1527—64-1545. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 2. USE PERMITS RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 3 DIVISION 2. USE PERMITS Sec. 64-1546. Approval. Sec. 64-1547. Application. Sec. 64-1548. Expiration. Sec. 64-1549. Reapplication. Sec. 64-1550. Variances. Sec. 64-1551. Accessory uses. Sec. 64-1552. Considerations. Sec. 64-1553. Additional restrictions. Secs. 64-1554—64-1572. Reserved. Sec. 64-1546. Approval. Any use authorized by a use permit may be approved by the city council in accordance with the standards enumerated under each use (section 64-1552); provided: (1) The subject use is allowable in the subject property's zoning district; (2) The standards for the use permit as specified in this article can be met, as well as use permit considerations pursuant to section 64-1552 (3) A public hearing has been held in relation to the use permit before the city planning commission and the city council in conformance with the notice standards outlined in article XIV of this zoning ordinance; (4) Recommendations have been received from the city community development department staff and the city planning commission; and (5) Conditions imposed with respect to right -of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met. Sec. 64-1547. Application. Any use permit requests shall require a separate application when included with a petition for rezoning. Each requested use for which a use permit is required shall be charged a standard use permit fee and assigned a use permit number which will be listed on t he petition for rezoning. A public hearing, notice and evaluation shall be provided in accordance with article XIV of this zoning ordinance for each requested use permit. Each request shall be voted on separately, and each use permit request submitted as part of a rezoning petition shall be treated independently in the minutes of the city council meeting. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 2. USE PERMITS RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 4 Sec. 64-1548. Expiration. All use permits shall expire within three years from the date of approval by the city council or as otherwise conditioned unless a land disturbance permit, building permit, business license or certificate of occupancy has been issued. Requests for extensions shall be made in accordance with the standards for extensions contained in article XIV of this zoning ordinance. Sec. 64-1549. Reapplication. The same or a substantially similar petition for a use permit which has been denied by the city council shall not be resubmitted to the community development department for a period of six months from the date of the denial. Sec. 64-1550. Variances. Variances to use permit standards contained in division 4 of this article for receiving a use permit may be considered by the city council concurrently with a use permit petition if submitted with such petition. Such a variance request shall not require a separate variance application, but shall be assigned a variance number, charged a standard variance fee and be listed on the use permit petition as a concurrent variance in accordance with section 64-1890. Sec. 64-1551. Accessory uses. Structures and land may be used for uses customarily incidental to any approved use. Sec. 64-1552. Considerations. (a) In the interest of the public health, safety and welfare, the city council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the city council shall consider each of the following: (1) Whether the proposed use is consistent with the comprehensive land use plan or economic development revitalization plans adopted by the city council; (2) Compatibility with land uses and zoning dist ricts in the vicinity of the property for which the use permit is proposed; (3) Whether the proposed use may violate local, state and federal statutes, ordinances or regulations governing land development; (4) The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; (5) The location and number of off-street parking spaces; (6) The amount and location of open space; (7) Protective screening; - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 2. USE PERMITS RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 5 (8) Hours and manner of operation; (9) Outdoor lighting; and (10) Ingress and egress to the property. (b) In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the pro posed development/use. Sec. 64-1553. Additional restrictions. (a) Any use may be authorized by an administrative permit or use permit shall comply with all other city regulations, zoning district regulations, conditions of zoning approval and other regula tions contained herein. All buffers required shall have a ten -foot improvement setback in accordance with section 64- 47 unless otherwise required. The reduction of said setback shall be subject to the approval of the community development department in accordance with article X of this zoning ordinance. Whenever a standard contained in this section is in conflict with another provision of this zoning ordinance, the more restrictive provision shall prevail. (b) Unless otherwise specified, standards, conditions and stipulations a ttached to a use permit by the city council shall supersede conflicting zoning conditions approved on the same site. Secs. 64-1554—64-1572. Reserved. Comment [RM1]: This refers to the “appeals” portion of the Zoning Ordinance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. ADMINISTRATIVE PERMITS Milton, Georgia, Code of Ordinances Page 6 DIVISION 3. ADMINISTRATIVE PERMITS Subdivision I. - In General Subdivision II. - Minimum Standards - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision I. In General Milton, Georgia, Code of Ordinances Page 7 Subdivision I. In General Secs. 64-1573—64-1591. Reserved. Secs. 64-1573—64-1591. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 8 Subdivision II. Minimum Standards Sec. 64-1592. Reserved. Sec. 64-1593. Amateur radio antenna to exceed the district height. (See use permit section 64 - 179919.4.5.) Sec. 64-1594. Reserved. Sec. 64-1595. Club. Sec. 64-1596. Event; special indoor/outdoor. Sec. 64-1597. Golf course. Sec. 64-1598. Guesthouse. Sec. 64-1599. Moblie home (while residence is being built). Sec. 64-1600. Parking, off-site and shared. Sec. 64-1601. Rapid rail transportation station. Sec. 64-1602. Recreational court, private. Sec. 64-1603. Recreational courts, public. Sec. 64-1604. Relocated residential structure. Sec. 64-1605. Revival tent. Sec. 64-1606. Roadside produce stands. Sec. 64-1607. Roadside vending. Sec. 64-1608. Seasonal business use. Sec. 64-1609. Swimming pool, private. Sec. 64-1610. Swimming pool, public. Sec. 64-1611. Temporary classroom. Sec. 64-1612. Temporary structures. Sec. 64-1613. Temporary use of existing dwelling (while residence is being b uilt). Sec. 64-1614. Utility substations (telephone, electric, gas, etc.). Sec. 64-1615. Veterinary clinic/hospital or kennel. Sec. 64-1616. Permits for media productions. Secs. 64-1617—64-1634. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 9 Sec. 64-1592. Reserved. Editor's note— Section 1 of Ord. No. 10-08-72, adopted Aug. 20, 2010, repealed § 64-1592, which pertained to alternative antenna support structure to exceed the district height. Sec. 64-1593. Amateur radio antenna to exceed the district height. (See use permit section 64-179919.4.5.) It is the intent of this section to regulate the placement of amateur towers in a manner that does not impose on public health, safety, or general welfare. The following regulations on design, location, placement, and height limits of antennas in residential districts implements the city's governmental interests in land planning, aesthetics and public safety by requiring the following standards: (1) Required districts. All. (2) Standards. a. Antennas shall be located in the rear yard. b. The maximum height shall be 90 feet. Any request to exceed the maximum hei ght shall require a use permit. (See section 64-1799.) c. All antennas shall be set back from all property lines one-third the height of the antenna or the district setback requirements, whichever is greater. The antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owner's primary dwelling or structure. d. Antennas shall not be lighted. e. All antennas must be constructed with an anticlimbing device. f. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. g. All guy wires must be anchored on site and outside of right-of-way. Sec. 64-1594. Reserved. Editor's note— Section 1 of Ord. No. 10-08-72, adopted Aug. 20, 2010, repealed § 64-1594, which pertained to antenna, tower and associated structures (radio, T.V., microwave broadcasting, etc.) to exceed the district height. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 10 Sec. 64-1595. Club. (a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2. (b) Standards. (1) All buildings and accessory uses other than parking shall be located at least 50 feet from all property lines of any residential district or AG-1 district used for single family. (2) Permitted curb cut access shall not be from a local street. (3) Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of operation from 8:00 a.m. to 11:00 p.m. (4) Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of any residential district or AG-1 district used for single family, except as otherwise permitted with an administrative permit for recreational court or swimming pool. Sec. 64-1596. Event; special indoor/outdoor. As applicable, special events are subject to the requirements of other city departments, such as emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics permits, food service permits, etc. (1) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2, AG-1 and residential districts in conjunction with an institutional use, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like. (2) Standards. a. No more than two administrative permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. b. The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday, and 8:00 a.m. to 10:00 p.m., Friday through Saturday. c. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. d. The applicant shall provide a notarized written permission statement of the property owner or leaseholder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. e. The entire property shall comply with the zoning district's setback requirements. f. No temporary sanitary facility or trash re ceptacle may be located within 100 feet of a property line of any residential use. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 11 g. No tent, table or other temporary structure shall be located within 250 feet of a residential structure. 1. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. 2. All tents are subject to the fire department's approval. h. Sales from vehicles are prohibited. i. The entire property shall comply with city's parking requirements. j. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. k. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. l. Signage shall be in accordance with article XVI of this zoning ordinance. Sec. 64-1597. Golf course. (a) Required districts. All. (b) Standards. (1) A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential district or AG-1 district used for single family. (2) Driving range, tees, greens and fairways shall be required to have a 100 -foot setback from minor, arterial, and major collector roads. (3) Permitted curb cut access shall be from a major thoroughfare unless shown on the approved preliminary plat of a single-family subdivision. (4) When located outside a golf course/subdivision development, a minimum 50-foot 75 foot wide buffer and a ten-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district or AG -1 district used for single family. (5) A minimum 25-foot 75 foot buffer and a ten-foot improvement setback shall be provided adjoining any residential district or AG-1 district used for single family located outside the golf course development or any associated development. (6) When located adjacent to any residential district or AG -1 district used for single family, the hours of operation shall be limited to 8:00 7:00 a.m. to 11:00 p.m. Sec. 64-1598. Guesthouse. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, RR, R-2A, R-3, R-3A, R-4, R- 4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX when accessory to a single-family dwelling. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 12 (b) Standards. (1) No more than one guesthouse structure per lot may be used for occupancy by relatives, guests or employees that work on the property without payment for ren t. (2) A separate kitchen facility shall be allowed. (3) Heated floor area shall be a minimum of 650 square feet and a maximum of 1,500 square feet. (4) Principal building setbacks shall apply. (5) The location shall be limited to the rear yard. Sec. 64-1599. Moblie home (while residence is being built). (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, RR, R-2A, R-3, R-3A, R-4, R- 4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX. (b) Standards. (1) The building permit for the principal structure must have been issued and remain valid during the period that the mobile home is on the property. (2) The mobile home must be located on the same parcel as the principal structure being constructed and comply with all district s etbacks. (3) The administrative permit shall expire 12 months after issuance or upon occupancy of the principal structure, whichever occurs first. Only one renewal for a one -year period may be issued. (4) The mobile home must be occupied by the owner of the principal residence under construction. Sec. 64-1600. Parking, off-site and shared. Whenever parking as required in article VIII of this zoning ordinance cannot be accomplished, shared parking in accordance with section 64-1411 may be approved via an administrative permit; provided: (1) Required districts. O-I, C-1, C-2, MIX, M-1, M-1A and M-2. (2) Standards. (a) If the off-site parking is committed for a specified period of time, the duration of the administrative permit shall be limited to the period of time stipulated therein. b. No more than 20 percent of the total parking requirement may be provided off -site via this administrative permit. c. The property must be located no more than 300 feet from the principal use with pedestrian access provided between the sites as may be required by the c ommunity development department. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 13 Sec. 64-1601. Rapid rail transportation station. (a) Required districts. All. (b) Standards. Refer to the MARTA rearrangement cooperative agreement administered by the department of public works. Sec. 64-1602. Recreational court, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. (1) Detached dwellings. Recreational courts serving single-family detached dwellings shall be located in side or rear yards but shall not be located within a minimum yard. (2) Multifamily. Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. (3) Neighborhood. Recreational courts serving a neighborhood must be located within the limits of the underlying zoning. a. Use of the recreational courts shall be limited to residents and guests of the neighborhood in which they are located. b. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by section 64-237 d. A maximum four-square-foot sign identifying the future use of the property for a recreational court shall be posted adjoining the lot's frontage until a certificate o f occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. Sec. 64-1603. Recreational courts, public. Recreational courts operated as a club, except those serving residential developments, or courts operated as a business are defined herein as public courts. (1) Required districts. O-I, MIX, C-1, C-2, M-1, M-1A, M-2. (2) Standards. a. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all property lines which abut single -family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall apply. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 14 b. Landscape strips and buffer requirements shall be as specified by section 64-237. If adjoining any residential district or AG-1 district used for single family a 75 foot buffer and 10 foot improvement setback shall be provided. c. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be used only between dusk and 11:00 p.m. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single family. Sec. 64-1604. Relocated residential structure. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, RR R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1I and MIX. (b) Standards. (1) The applicant shall include the following with the application for the administrativ e permit: a. The address from which the structure is being relocated. b. A photograph of the structure prior to its relocation. c. The total heated floor area of both the existing structure and the renovated structure. (2) The location of the structure and the heated floor area of the structure shall be in compliance with the minimum standards of the zoning district or conditions of zoning. (3) The residential structure shall be affixed to a permanent foundation within six months of the date of the house moving permit, and the certificate of occupancy shall not be issued until such improvements are completed. (4) All standards of this article (except subsection (b)(2) of this section, and other applicable regulations shall be met within one year from the date of this permit issuance. (5) A house moving permit shall be obtained from the community development department in conjunction with the administrative permit. (6) A building permit for the repair and construction of sa id structure shall be obtained within 30 days of the administrative permit issuance. (7) The exterior of the structure shall be brought into compliance with the city housing code within six months of the issuance of the administrative permit. (8) Prior to occupancy, a certificate of occupancy must be obtained from the community development department. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 15 Sec. 64-1605. Revival tent. (a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1 and M-2. In an AG-1 (Agricultural) or a residential district, a revival tent may be placed only on property occupied by an existing building used as a place of worship. (b) Standards. (1) A permit may be granted a maximum of 14 days in a calendar year. (2) The revival tent or any area used for assembly shall be located at lea st 200 feet from a property line of any residential district or AG-1 district used for single-family dwellings. (3) No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing dwelling, and no tent shall be located wi thin 250 feet of an existing dwelling. (4) Provide one parking space per four seats. (5) A drawing to scale shall accompany the application and shall accurately depict the number of seats and the standards of this section. (6) The hours of operation shall be no earlier than 8:00 a.m. nor later than 11:00 p.m. Sec. 64-1606. Roadside produce stands. (a) Required districts. MIX, C-1, C-2, M-1, M-2 and AG-1. (b) Standards. (1) No more than four administrative permits shall be granted per year and no single permit shall be effective for more than 30 consecutive days, however, two or more permits, not to exceed four, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit shall be made no less than 14 days pr ior to the event. Said permit must be posted on site such that it is visible from the street. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor sit e. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 16 (6) Any activity or structure shall maintain a minimum 20 -foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity or structure shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. (7) A minimum of six parking spaces shall be provided for the exclusive use of the roadside produce stand and shall not occupy the minimum required parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. (9) No tent, table or other temporary structure shall be located within 100 feet of a residential structure. All tents are subject to the fire department's approva l. a. Tents less than 5,000 square feet do not require a building permit. b. Tents equal to or greater than 5,000 square feet require structural plan review and a building permit. (10) No equipment, vehicle, display or sales activity shall block access t o a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use . (12) Signage shall be in accordance with article XVI of this zoning ordinance. (Ord. No. 10-08-73, § 1, 8-16-2010) Sec. 64-1607. Roadside vending. (a) Required districts. M-1 and M-2. (b) Standards. (1) No more than two administrative permits shall be granted per year and no permit shall be effective for more than nine consecutive days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission state ment of the property owner or lease holder of the subject site to the community development department. A 24 -hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 17 of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site. (6) Any vending displays or activity shall maintain a minimum 20-foot setback from the right -of-way and not be located within a required landscape strip or buffer. Said displays or activities s hall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. (7) A minimum of six parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending and shall not occupy the minim um required parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. (9) No table or cart shall be located within 250 feet of a residential st ructure. Tents and tarps are prohibited. Sales from vehicles are prohibited. (10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, tr affic control box, driveway or other access point. (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. (12) Signage advertising the vending operation is prohibited. (Ord. No. 11-06-104, § 1, 6-20-2011) Sec. 64-1608. Seasonal business use. (a) Required districts. CUP (with a commercial component), MIX (with a commercial component), C -1, C-2, M-1A, M-1, and M-2. Allowable in AG-1 and residentially zoned districts only when the property is occupied by a church, school, lodge/retreat, farm, plant nursery, etc or as approved by the community development director., existing as a conforming or a lawful nonconforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a nonconforming use. (b) Standards. (1) An administrative permit shall not be issued for the same seasonal business use more than once in any calendar year. Said seasonal business use must correlate to a calendar holiday or event. Said permit shall not exceed a total of 30 consecutive days for each use. Said permit must be posted on site such that it is visible from the street. An application for said permit shall be made no less than 14 days prior to the event. Example: One permit may be issued for the sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued for the sale of pumpkins for a maximum of 30 consecutive days. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday, and 8:00 a.m. to 10:00 p.m., Friday through Saturday. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 18 (4) The applicant shall provide a notarized written permission statement of the prop erty owner or lease holder of the subject site to the community development department. A 24 -hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitt ed must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site. (6) Any display or sales activity shall maintain a minimum 20 -foot setback from the right-of-way and shall not be located within a required landscape strip or buffer. Said displays shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. (7) A minimum of six parking spaces shall be provided for the exclusive use of the seasonal business and shall not occupy the minimum required parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. (9) No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Sales from vehicles are prohibited. a. Tents less than 5,000 square feet do not require a building permit; b. Tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the fire department's approval. (10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. (12) Signage shall be in accordance with article XVI of this zoning ordinance. Sec. 64-1609. Swimming pool, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. All swimming pools shall be completely surrounded by a barrier as required by the 2006 International Residential Code, Section AG105 or the 2009 International Building Code, Section 3109. The top of the barrier shall be at least 48 i nches above grade measured on the side of the barrier which faces away from the swimming pool to prevent access to the pool by unsupervised children and animals. Pedestrian access gate(s) shall open outward away from the pool and shall be self-closing and have a self-latching device. Pedestrian access gate(s) shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall b e in place prior to pool completion. Materials and construction shall comply when applicable with the regulations administered by the Fulton County Health Department. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 19 (1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single -family dwellings in any district and may also be allowed at the back of the house on a double frontage single-family residential lot as approved by the department. a. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zone districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. b. Barrier shall not be located more than 150 feet from the water's edge of the po ol. (2) Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining interior property lines, and at least 100 feet from all property lines which abut single -family uses. In addition, pools, pool equipment, and decks shall comply with all setback requirements with respect to rights-of-way based on the district in which the property is located. c. Landscape strips and buffer requirements shall be as specified by section 64-237 d. A maximum four-square-foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. (3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or public right-of-way. (Ord. No. 12-10-152, § 1, 10-15-2012) Sec. 64-1610. Swimming pool, public. Pools operated as a club, except clubs serving residential developments, or pools operated as a business are defined herein as public pools. (1) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1 and M-2. (2) Standards. a. Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all property lines which abut single-family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall be provided. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 20 b. Landscape strips and buffer requirements shall be as specified by section 64-237. If adjoining any residential district or AG-1 district used for single family a 75 foot buffer and 10 foot improvement setback shall be provided. c. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential proper ty line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. Sec. 64-1611. Temporary classroom. (a) Required districts. All. (b) Standards. (1) The structure must be constructed for use as a temporary classroom and certified as such by the community development department. (2) The principal use must exist prior to the issuance of the permit. (3) The temporary classroom shall not be used to increa se the capacity or enrollment as conditioned by zoning, or as limited by other use permit conditions. (4) Placement shall be hidden from primary view or as approved by the community development director. (45) An administrative permit for a temporary classroom shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date. (56) The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers. (67) Two copies of a drawing showing dimensions shall accompany the application and shall accurately depict the proposed location of temporary structures, the traffic patterns and curb cuts and compliance with this section and all other applicable standards of this zoning ordinance. Sec. 64-1612. Temporary structures. (a) Required districts. All, except emission inspection stations shall be permitted only in nonresidential districts except AG-1. (b) Standards. (1) Temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for construction offices, ticket booths, security guard shelters, storage st ructures in association with - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 21 construction, emission inspection stations, portable toilets and other similar uses may be permitted by the community development department in any district. (2) Temporary structures shall be located outside of any required bu ffers and landscape areas, and shall maintain the principal building setback of the district except portable toilets must maintain a 200-foot setback from existing dwellings. (3) Temporary structures must be removed prior to the issuance of a certificate of occupancy or within five days of completion of the temporary event or activity for which the structure was approved. (4) Placement shall be hidden from primary view or as approved by the community development director. (45) Temporary structures used in conjunction with other permitted administrative and use permits shall not be required to obtain a separate administrative permit. (56) An administrative permit for a temporary structure shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date. Sec. 64-1613. Temporary use of existing dwelling (while residence is being built). (a) Required districts. All but M-1, M-1A, and M-2. (b) Standards. (1) The building permit for the new principal structure shall be issued concurrently with the administrative permit. (2) The administrative permit shall expire 90 days after issuance of a certificate of occupancy for the new principal structure or one year after issuance of a building permit, whichever occurs first. Sec. 64-1614. Utility substations (telephone, electric, gas, etc.). (a) Required districts. All. (b) Standards. (1) Utility substations measuring less than 35 square feet and less than five feet in height from finished grade are exempt from these regulations. (2) All substation structures shall be contained within the boundaries of the subject parcel and meet the minimum development standards of the district unless otherwise required in this article. (3) Minimum setback of all utility structures from a residential structure shall be: a. Electric: 200 feet. b. Gas and telephone: the applicable minimum setback for the district in which located. (4) A minimum ten-foot-wide landscape strip planted to buffer standards shall be required around the perimeter of all utility sites except along lines where buffers are required. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 22 (5) For electric substations provide a minimum 50 -foot-wide replanted or natural buffer adjacent to the property lines of any residential district or AG-1 district used for single-family dwellings. (6) Interior to landscape strips or buffers that do not accomplish 100 percent visual screening as defined in the tree preservation ordinance (chapter 60 of the city Code), provide an eight-foot high opaque fence or, masonry wall, a minimum four-foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the community development department. Sec. 64-1615. Veterinary clinic/hospital or kennel. (a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2. See section 64-1817 for kennel or outside animal facilities. Deleted as a permitted use in C-2, but is a permitted use in AG-1. (b) Standards. All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure. Sec. 64-1616. Permits for media productions. As applicable, media productions are subject to the requirements of all city departments, such as emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics permits, food service permits, etc. (1) Applicability. This permit is required for all proposed media productions in the City of Milton not held in an otherwise licensed facility and are intended to be closed to participation from the public. This permit includes, but is not limited to, television or video series, movie, television or video pilots, commercials, feature film, professional photo stills and shoots, music videos, student films, infomercials, public service announcements, and documentar ies, where the final work product is to be used for commercial purposes. (2) Required districts. This permit is allowed with conditions in all zoning districts of the City of Milton. (3) Permit types. Two classifications of media production permits are allowed: a. Low impact activities, which are generally those activities that have a limited duration of no more than 14 days with little or no disruption to common adjacent and nearby uses. See additional requirements within section 64-1616 for further description. b. High impact activities, which are generally those activities that have a duration of 15 or more days and/or do not comply with the low impact activity standards set forth in this section. The filming of high-speed crashes or chases, pyrotechnics or explosives or the use of aircraft, and similar actions are examples of high impact activities including any production activity disrupting normal and customary use of the site or adjacent or nearby properties. See additional requirements within section 64-1616 for further description. (4) General standards. In addition to all other applicable codes, permitted activities must abide by the following: a. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 23 b. No temporary sanitary facilities may be located on or within ten feet of a storm drainage structure. c. Without written consent of the effected property owner or current resident, no tent, table or other temporary structure shall be located within 250 feet of a residential structure. 1. Tents less than 5,000 square feet do not require a building permit; ten ts equal to or greater than 5,000 square feet require structural plan review and a building permit. Such building permit shall be issued and approved separately. 2. All tents and temporary structures are subject to all local and state codes and further subject to approval of the fire and building departments. d. Limited sales from vehicles are allowed with approval of the community development director. e. Lighting for filming, both during daylight and nighttime hours, should be oriented away from neighboring residences wherever possible and should not interfere with the safe movement of traffic. All permanent and temporary lighting shall comply with section 64-185 of the Milton Code of Ordinances. Limited exceptions may be made at the discretion of the community development director. f. Temporary signage may be allowed at the discretion of the community d evelopment director. g. Production companies are responsible for cleaning and restoring locations used, including public and private lands, to their original condition, with a minimum amount of noise and disruption. All clean up and restoration activities shall be completed within 60 days of completion of the permitted activities. Inspection of appropriate restoration will be conducted by the community development department. h. No modification of any street sign, street light, traffic signal or other traf fic control device shall be permitted without written approval from the public works director or his/her designee. i. No road or lane closures shall be permitted without approval of the public works director. j. No modifications or alterations to the righ t-of-way shall be permitted unless expressly identified in the permit application. Any modification or alteration of the right -of-way, whether that activity is permitted or not, shall be returned to a condition which is better than or equal to what existed prior to the activity. That determination shall be made by the public works department. k. Credit shall be noted to the City of Milton, Georgia, for all permits required. (5) Low impact activity standards. In addition to the general standards, the follow ing minimum standards must be met in order to be permitted as a low impact activity. Due to the varying nature of this industry and use these standards are not all inclusive and additional conditions may be imposed at the discretion of the community development director to minimize anticipated adverse effects or other objectionable uses. a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable only with the specific approval of the community development director. A single application may include several locations for the same production with appropriate documentation. An - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 24 application for said permit shall be made no less than five business days prior to the event. Said permit must be available on site to city personnel upon demand. b. No interruption in pedestrian traffic flow is allowed. c. No more than five on-street parking spaces in a commercial or office zoning district. d. No parking in alleys where residential access is provided by alleys. e. A private area for cast, crew and extras must be provided. f. The hours of operation shall be 7:30 a.m. to 10:00 p.m. every day. All preparation and wrap up activities shall be completed within one -half-hour of this time frame and shall not violate the noise ordinance limitation as stated in subsection 20-681(1). g. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use with exceptions per subsection 20-681(2) for periods between 7:30 a.m. and 10:00 p.m. h. No equipment, vehicle, display or other activity shall block access to a public facility such as a, mailbox, parking meter, fire hydrant, traffic control box, driveway or other access point. (6) High impact activity standards. In addition to the general standards, the following minimum standards must be met in order to be permitted as a high impact activity. Due to the varying nature of this industry and use these standards are not all inclusive and additional conditions may be imposed at the discretion of the community development director to minimize anticipated adverse effects or other objectionable uses. These activities may require the onsite placement of the fire rescue department personnel and/or equipment based on th e scope of the proposed production. a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable only with the specific approval of the community development director. A single application may include several locations for the same production with appropriate documentation. An application for said permit shall be made no less than ten business days prior to the event. Said permit must be available on site to city personnel upon demand. b. Vehicular traffic may be held for up to 14 calendar days with a detour provided per the approval of the public works director or his/her designee. c. No more than ten on-street parking spaces may be used in a commercial or office zoning district per day. d. No parking in alleys where residential access is provided by alleys. e. A private area for cast, crew and extras must be provided. f. The hours of operation shall be 7:30 a.m. to 10:00 p.m., everyday. Any activity to occur between the hours of 10:00 p.m. and 7:30 a.m. must have completed permit waivers from at least 95 percent of current residents or property owners/business owners within 500 feet of the location prior to commencing activity at the location during evening or morning hours. g. All preparation and wrap up activities shall be completed within one-half-hour of the time frames as set above in [subsection] f. and shall not violate the noise ordinance limitation as - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 25 stated in subsection 20-681(1) without completing a permit waiver from at least 80 percent of current residents or property owners/business owners within 1,000 feet of the location. h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use with exceptions per subsection 20-681(2) for periods between 7:30 a.m. and 10:00 p.m. i. No equipment, vehicle, display or other activity shall block access to a public facility such as a mailbox, parking meter, fire hydrant, traffic control box, driveway or other access point. j. Based on the proposed scope of the production activity and in consideration of any potential danger to the safety of the community, the police chief and/or the fire chief may require personnel and/or equipment to be placed on standby for portions of the high impact activity at the expense of the applicant. The applicant shall contact the chief of police for approval if any of the following are included in the production: pyrotechnics, demolition, firearms discharge, high speed chases, or physical stunts. (7) Applications. All applications shall be submitted to the Milton Community Development Department for review and approval by the director or his/her designee. The applications shall include the following information at a minimum and shall not be deemed complete until al l requested information is received. a. Two copies of a completed application form prepared by the community development department with original signatures of the applicant. A property owner's affidavit will also be required with original signatures. b. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from each site('s) property lines and other minimum distance requirements as specified by this section shall be submitte d to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns, and address numbers of locations to be used. c. In addition, two copies of aerial imagery shall be included which locate th e proposed site(s) to be used as well as adjoining residential structures. d. Proposed location (mapped), length of road closure, and timing of traffic interruption (by date and time) of any public right-of-way. A traffic management plan in accordance wit h the MUTCD, current edition will be required as necessary for any closure or traffic interruption per the public works director. e. Signed hold harmless agreement to the benefit of [the] City of Milton. f. Signed agreement to provide a certificate of ins urance with the City of Milton as additional insured until the activity is completed. g. Other information as required by the community development director to provide insight to the proposed extent and intensity of the use. (8) Permitting. Permits may be approved, disapproved or issued on a conditional basis as necessary to facilitate receipt of all required information. All permits will be approved or denied within five business days of receipt of the completed low impact activity application or within 10 business days of receipt of a completed high impact activity application. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 26 a. Restrictions. Restrictions may be placed on certain applications for use of city property or in the vicinity of city property/city sponsored events such that service and prote ction to the public is not impaired including, but not limited to the following: 1. The City of Milton reserves the right to refuse access to city property on the grounds of prior reference examination and portrayal of the city in the content of the proje ct. 2. Removal, cutting or trimming of vegetation in the public right -of-way or on public property is prohibited unless specifically approved and limited by the permit. 3. Activity may not be allowed in locations near the area of a city -sponsored event if there is an anticipated conflict with the city's event. b. Variations from the approved scope of work included in the permit application may be grounds for immediate revocation. c. Fees. Applicants will be charged a fee for processing, as established by the City of Milton mayor and council. Services for which a fee has not been established will be charged on the basis of time, equipment, and material. Fees for filming applications wi ll be charged according to Appendix A of the Milton Code of Ordinances. 1. Additional fees for the monitoring of public safety will be charged separately by the appropriate departments based on a labor, time and equipment necessary to provide the public service. 2. Street closures shall incur a fee based on the city value of time, materials, and equipment used/requested by the applicant. 3. Permits for tents and other building and structural inspections will by charged separately by the appropriate departments. 4. Rental of city facilities will be charged on a per use basis as set out by the city parks and recreation department. 5. Late request applications will be charged an additional fee per day for each day less than the minimum number of processing days required as stated in subsections (5)a. and (6)a. 6. Processing fees and charges for use of city services or facilities may be reduced or waived for charitable and nonprofit organizations which qualify under Section 501.c.3 of the IRS Code and for city agencies if substantial reward will be provided to the City of Milton at the discretion of the city manager. (9) Permit waivers. Waivers may be required in the likelihood the proposed production will have a negative effect(s) on adjacent business or residents. a. Waivers shall be signed by current residents, property owners, and/or business owners as determined by the community development director. b. Waivers will be provided on a form set out by the community development department. (Ord. No. 11-06-99, § 1, 6-20-2011) Secs. 64-1617—64-1634. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. ADULT ENTERTAINMENT USE PERMIT STANDARDS Milton, Georgia, Code of Ordinances Page 27 DIVISION 4. ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision I. - In General Subdivision II. - Adult Bookstore Subdivision III. - Adult Entertainment Establishments - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision I. In General Milton, Georgia, Code of Ordinances Page 28 Subdivision I. In General Secs. 64-1635—64-1653. Reserved. Secs. 64-1635—64-1653. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore Milton, Georgia, Code of Ordinances Page 29 Subdivision II. Adult Bookstore Sec. 64-1654. Intent and findings. Sec. 64-1655. Permits. Secs. 64-1656—64-1674. Reserved. Sec. 64-1654. Intent and findings. (a) Generally. The city council intends and finds the following: (1) It is the intent of this subdivision to regulate the place of operation of adult bookstores as defined in section 64-1. The city council finds, based upon an October, 1980, study by the Minnesota Crime Prevention Center, Inc., Minneapolis, Minnesota, entitled "An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values," that adult bookstores are significantly related to diminishing market values of n eighboring residential areas, that adult bookstores should not be located in residential areas, and that adult bookstores should be permitted only in locations that are at least one -tenth mile, or approximately 500 feet, from residential areas. (2) The city council further finds, based upon a June 1978 study by the Division of Planning of the St. Paul, Minnesota, Department of Planning and Economic Development and the Community Crime Prevention Project of the Minnesota Crime Control Planning Board entitled "Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul," that the presence of adult bookstores correlates with a decreasing market value of neighboring residential areas, that adult bookstores tend to locate in areas of poorer reside ntial condition, tend to be followed by a relative worsening of the residential condition, and that more than two adult entertainment businesses in an immediate area is associated with a statistically significant decrease in residential property market value, and that such a concentration of adult entertainment businesses in a given area should be discouraged. The board also finds that such worsening of residential conditions will adversely affect uses found in residential areas or in the proximity of residential areas, such as public recreational facilities, public or private institutional uses, churches, schools, universities, colleges, trade -schools, libraries, and day care centers. (3) The city council further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult bookstore within one block of a residential area decreases the market value of homes, that adult bookstores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90 to 95 pe rcent financing many homebuyers require, and that patrons of adult bookstores tend to be from outside the immediate neighborhood in which the adult bookstore is located. (4) The city council further finds, based upon a March 3, 1986, study conducted by th e Oklahoma City, Oklahoma, Community Development Department entitled "Adult Entertainment Businesses in Oklahoma City—A Survey of Real Estate Appraisers," that an adult bookstore will have a negative effect on residential property market values if it is lo cated closer than one block to residential uses. (5) The city council further finds that this section of this zoning ordinance regarding regulation of adult bookstores has been carefully considered by a workgroup of city staff drawn from the - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore Milton, Georgia, Code of Ordinances Page 30 areas of law enforcement, land use, land planning, and law; by the planning commission at public meetings where public comment was available; and by a committee of citizens with expertise in law, real estate, land use, and other disciplines, who have reviewed this section, particularly with respect to its provisions relating to the effects of adult bookstores on market values of residential and other property, and that the information gathered and results of this informal study support the need for these development standards. (6) This subdivision is intended to be a carefully tailored regulation to minimize the adverse land use impacts caused by the undesirable secondary effects of adult bookstores, and the city council finds that restricting adult bookstores to industrially zoned areas and imposing development standards can legitimately regulate adult bookstores by establishing zones where adult bookstores are most compatible with other uses or the surrounding neighborhood, and by requiring minimum distances to be maintained between adult bookstore uses and other uses so as to afford the most protection to residential uses. (7) It is not the intent of the city council, in enacting this section, to deny to any person rights to speech protected by the United States or state constitutions, nor is it the intent to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books, or other materials; further, in the adoption of this subdivision, the city council does not intend to deny or restr ict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or state constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute, or exhibit such constitutionally protected materials; finally, in the enactment of this zoning ordinance, the city council intends to adopt a content neutral measure to address the secondary effects of ad ult bookstores. (b) Required districts. M-1, M-2 (Industrial), C-1 and C-2 (Commercial) districts. (c) Standards. (1) All boundary lines of the property included within the use permit as filed must be located at least 500 feet from the properties listed in subsections (c)(1)a. and b. of this section: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, RR R-2A, R-3, R- 3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade -schools, libraries, day care centers and other training facilities where minors are the primary patrons. (2) The boundary line of the use permit must be located at least 1,500 feet from the property line of any other adult entertainment establishment or adult bookstore. (3) Submit with the application for a use permit a certified boundary survey by a licensed surveyor of the site and the property lines of surrounding properties identifying the use of properties at or within 1,000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1,500 feet of the boundary line of the subject property. (4) If the adult bookstore is to be located in an existing structure where a land disturbance permit is not required, an existing building permit review application must be filed and determined by the - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore Milton, Georgia, Code of Ordinances Page 31 community development department to be in compliance with the terms of this resolution prior to any occupancy. (5) Permitted curb cut access shall be from a major thoroughfare. (6) No depiction of anatomical areas or sexual activities specified in the definition of "adult entertainment" shall be visible from outside the structure or on signage outside the structure. (7) The minimum landscape areas required for the O -I zoning district as specified in article III of this zoning ordinance shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. Sec. 64-1655. Permits. (a) Issuance. Notwithstanding the provisions of sections 64-1546 through 64-1552, any applicant meeting the requirements and standards of section 64-1654 shall be entitled to the issuance of a use permit. (b) Applications. Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. (c) Processing. The city shall have 90 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city and required by this Code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The community development department and the planning commission shall make recommendations to the city coun cil regarding the approval or denial of the use permit and the council shall make the final decision after a public hearing regarding the same. In the event the city council has not granted or denied the application within 90 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city to complete the investigation), the use permit shall automatically issue. (d) Denial. In the event an application for a use permit is denie d by the city council, the applicant shall be notified in writing of such denial within ten business days by U.S. mail. A decision by the city council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for writ of certiorari filed with the Superior Court of Fulton County in accordance with applicable statute. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. (e) Illegal business or entity prohibited. Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. Secs. 64-1656—64-1674. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments Milton, Georgia, Code of Ordinances Page 32 Subdivision III. Adult Entertainment Establishments Sec. 64-1675. Intent. Sec. 64-1676. Requirements. Sec. 64-1677. Permits. Secs. 64-1678—64-1796. Reserved. Sec. 64-1675. Intent. (a) It is the intent of this subdivision to regulate the place and manner of the operation of businesses or facilities that offer adult entertainment. It is well es tablished and has been the experience of other communities in the state and throughout the United States that adult entertainment, which includes public nudity, has been associated with and may encourage disorderly conduct, prostitution and sexual assault. (b) This subdivision advances the substantial government interest in promoting and protecting public health, safety, and general welfare, maintaining law and order and prohibiting public nudity. This subdivision is narrowly constructed to protect the Fir st Amendment rights of citizens of the city while furthering the substantial governmental interest of combating the secondary effects of public nudity and adult entertainment from areas and uses of the community which are incompatible. (c) Areas and uses which are to be protected from adult entertainment include, but are not limited to: (1) Residential; (2) Churches; (3) Day care centers; (4) Libraries; (5) Recreational facilities; and (6) Schools. Sec. 64-1676. Requirements. The following requirements apply to adult entertainment establishments: (1) Required districts. M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2 (Commercial) districts. (2) Standards. a. All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed in subsections (2)a.1 and 2 of this section: 1. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R- 3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments Milton, Georgia, Code of Ordinances Page 33 2. The property line of any public recreational facilities, public or private institutional uses including, but not limited to, churches, schools, universities, colleges, trade -schools, libraries, day care centers and other training facilities where minors ar e the primary patrons. b. The boundary line of the use permit must be located at least 1,500 feet from the property line of any other adult entertainment establishment or adult bookstore. c. Submit with the application for a use permit a certified bounda ry survey of the site and the property lines of surrounding properties identifying the use of properties at or within 1,000 feet of the boundary lines of the subject property and adult entertainment establishments and adult bookstores within 1,500 feet of the boundary line of the subject property. d. No final land disturbance permit, building permit, certificate of occupancy, or building permit review certificate may by issued until the approved city adult entertainment business license is filed with the director of the community development department. e. If the adult entertainment business is to be located in an existing structure where a land disturbance permit is not required, an existing building permit review application must be filed and approved in the community development department prior to any oc cupancy. f. Building shall be located a minimum of 50 feet from all property lines. g. Parking spaces at a ratio of ten per 1,000 gross square feet of floor space shall be provided. h. Permitted curb cut access shall be directly from a major thoroughfare . i. On-premises signs shall not display lewd or graphic depictions of body parts or acts which are defined in this article and section 64-1 j. No adult entertainment shall be visible from outside the structure. k. The minimum landscape areas required for the O -I zoning district as specified in article III of this zoning ordinance shall be required. Where buffers are required, the und erlying zoning district buffer standards shall apply. Sec. 64-1677. Permits. (a) Issuance. Notwithstanding the provisions of sections 64-1546 through 64-1552, any applicant meeting the requirements and standards of section 64-1676 shall be entitled to the issuance o f a use permit. (b) Applications. Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. (c) Processing. The city shall have 90 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city and required by this Code to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The community development department and the planning commission shall make recommendations to the city council regarding the approval or denial of the use permit and the council shall make the final decision after a public hearing regarding the same. In the event the city council has not granted or denied the application within 90 days (unless the application is suspended by failure of the applicant to provide data, inf ormation or - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments Milton, Georgia, Code of Ordinances Page 34 records as reasonably requested by the city to complete the investigation), the use permit shall automatically issue. (d) Denial. In the event an application for a use permit is denied by the city council, the applicant shall be notified in writing of such denial within ten business days by U.S. mail. A decision by the city council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for writ of certiorari filed with the S uperior Court of Fulton County within 30 days of the decision. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. (e) Illegal business or entity prohibited. Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. Secs. 64-1678—64-1796. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 35 DIVISION 5. MISCELLANEOUS USES Sec. 64-1797. Agricultural-related activities. Sec. 64-1798. Aircraft landing area. Sec. 64-1799. Amateur radio antenna to exceed the administrative permit height. Sec. 64-1800. Amphitheaters. Sec. 64-1801. Reserved. Sec. 64-1802. Bed and breakfast. Sec. 64-1803. Cemetery and mausoleum (human or pet). Sec. 64-1804. Church, temple or place of worship. Sec. 64-1805. Commercial amusement, outdoor. Sec. 64-1806. Composting. Sec. 64-1807. Convalescent center/nursing home/hospice. Sec. 64-1808. Country inn. Sec. 64-1809. Day care facility. Sec. 64-1810. Driving range (not associated with a golf course). Sec. 64-1811. Equine garment fabrication. Sec. 64-1812. Festivals or events, outdoor/indoor. Sec. 64-1813. Group residence. Sec. 64-1814. Group residence for five to eight children. Sec. 64-1815. Group residence for nine to 15 children. Sec. 64-1816. Height; to exceed district maximum. Sec. 64-1817. Kennel or outside animal facilities. Sec. 64-1818. Landfill, inert waste disposal. Sec. 64-1819. Landfill, solid waste disposal. Sec. 64-1820. Landscape business. Sec. 64-1821. Lodge, retreat and campground. Sec. 64-1822. Medical-related lodging. Sec. 64-1823. Mobile home; accessory dwelling. Sec. 64-1824. Quarries and surface mining sites. Sec. 64-1825. Personal care home/assisted living. Sec. 64-1826. Private correctional facility/prison. Sec. 64-1827. Race track. Sec. 64-1828. Recreational fields. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 36 Sec. 64-1829. Recycling center, processing. Sec. 64-1830. Salvage, storage and junk facility. Sec. 64-1831. School, private or special. Sec. 64-1832. Self-storage/mini. Sec. 64-1833. Self-storage/multi. Sec. 64-1834. Senior housing. Sec. 64-1835. Skywalks. Sec. 64-1836. Stadium (off-site) associated with private school. Sec. 64-1837. Transfer station, solid waste. Sec. 64-1838. Exotic or wild animals. Sec. 64-1839. Apartments. Sec. 64-1840. Barns or riding areas. Sec. 64-1841. Rowhouses/townhouses. Secs. 64-1842—64-1856. Reserved. Sec. 64-1797. Agricultural-related activities. It is the intent of this division to allow certain agricultural -related activities with a use permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnic king, and pay fishing. (1) Required district. AG-1. (2) Standards. a. Minimum lot size shall be five acres. b. Permitted curb cut access shall not be from a local street. c. Food services may be provided. d. A minimum of 100-foot setback is required from all property lines for activity areas, including parking. e. All structures housing animals shall be set back a minimum of 100-feet from all property lines. f. All parking and access areas must be of an all weather surface . per article VIII, Festivals, Outdoor. g. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 37 h. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. i. If located adjacent to any residential district or an AG -1 district used for single-family dwellings, the minimum buffers and landscape strips required for the O -I district as specified in article III of this zo ning ordinance shall be required. j. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single-family dwellings. Sec. 64-1798. Aircraft landing area. (a) Required districts. All. (b) Standards. (1) For fixed wing aircraft, a 1,000 foot clear zone extending from the end of all runways shall be secured through ownership or easement, but in no case shall the end of a runway be closer than 200 feet from any property line. (2) For both fixed and rotary-wing aircraft, neither the landing area nor any building, structure or navigational aid shall be located within 400 feet of a property line adjacent to any residential district or AG-1 district used for single-family dwellings. (3) Landing areas for fixed wing and rotary wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. (4) If located within or adjacent to a residential district or AG -1 district used for single-family dwellings, the hours of operation shall be limited to 7:00 a.m. to 11:00 p.m. (5) A use permit for an aircraft landing area shall have no force and effect except for requesting a land disturbance permit prior to filing a satisfactory FAA airspace analysis with the director of the community development department. (6) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1799. Amateur radio antenna to exceed the administrative permit height. (a) Purpose. It is the intent of this section to regulate the placement of amateur radio towers in a manner that does not impose on public health, safety, general welfare. (See also section 64-1593.) (b) Design, placement and height requirements. The following regulations on design, location, placement, and height limits of antennas in residential districts implements city's governmental interest in land planning, aesthetics and public safety by requiring the following use permit standards: (1) Required districts. All. (2) Standards. a. Antennas shall be located in the rear yard. b. The request to exceed the height of 90 feet shall be accompanied by a written justification of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in height. c. All antennas shall be set back from the property line one -third the height of the antenna or the district setback requirements, whichever is greater. How ever, the antenna must be - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 38 located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the primary dwelling or structure which is located on the same lot as the antenna. d. Antennas shall not be lighted. e. All antennas must be constructed with an anticlimbing device. f. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. g. All guy wires must be anchored on site and outside of right -of-way. Sec. 64-1800. Amphitheaters. (a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2. (b) Standards. (1) Lot area shall be a minimum of ten acres. (2) The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/or AG-1 districts used for single-family dwellings. (3) Permitted curb cut access shall be only from an arterial street. (4) A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG -1 districts when used for single-family dwellings. (5) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to nonresidential districts zoning or development. (6) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at the property lines of adjacent residential districts and/or AG -1 districts used for single-family dwellings. (7) Eight-foot high fencing shall be provided adjacent to properties zoned for residential use or AG - 1 districts used for single-family dwellings. (8) The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to properties zoned for residential use or A G-1 districts used for single-family dwellings. Sec. 64-1801. Reserved. Editor's note— Section 1 of Ord. No. 10-08-72, adopted Aug. 16, 2010, repealed § 64-1801, which pertained to antenna tower and associated structure (radio, T.V., microwave broadcasting, etc.) to exceed the district height. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 39 Sec. 64-1802. Bed and breakfast. (a) Required districts. AG-1 (Agricultural), R-6, and TR (Townhouse residential). (b) Standards. (1) A minimum of two guestrooms and a maximum of five guestrooms are permitted. (2) No parking in the minimum front yard. (3) The bed and breakfast shall be owner occupied. (4) Permitted curb cut access shall not be from a local street. (5) The minimum landscape and buffer areas hall be required as specified in article III of this zoning ordinance for the AG-1 agricultural district. (6) Parking requirements shall be the same as hotel/motel as specified in article VIII of this zoning ordinance. (7) Identification or advertising signs shall be limited to four square feet in surface area and four feet in height. Sec. 64-1803. Cemetery and mausoleum (human or pet). (a) Required districts. All. (b) Standards. (1) Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a place of worship. (2) No building shall be located within 50 feet of a residential district or AG -1 district used for single- family dwellings. (3) All structures, including graves, shall be inside meet the minimum yard setbacks or ten feet, whichever is greater. (4) If located adjacent to a single family dwelling district or AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the O-I district as specified in article III of this zoning ordinance shall be required. Sec. 64-1804. Church, temple or place of worship. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, RR, R-2A, R-3, R-3A, R-4A, R- 4, R-5, R-5A, R-6, TR, NUP, A, A-L, and AG-1. (b) Standards. (1) All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district or AG-1 district used for single- family dwellings. (2) No parking shall be located within the mini mum front yard setback. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 40 (3) Any associated day care centers, private schools, recreational fields or other uses requiring a use permit or administrative permit shall be allowed only under a separate approved use permit or administrative permit for each use. (4) The minimum buffers and landscape strips required for the O-I zoning district as specified in article III of this zoning ordinance shall be required. Sec. 64-1805. Commercial amusement, outdoor. This section includes, but is not limited to, amusement parks, bungee jumping par ks, skateboard parks, ski slopes, batting cages, miniature golf, drive -in theaters, etc. (See also section 64-1810 driving ranges.) (1) Required districts. C-2, M1-A, M-1 and M-2. (2) Standards. a. Permitted curb cut access shall be derived only from arterial streets. b. A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. c. A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to nonresidential zoning or development districts. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. e. Eight-foot high fencing shall be provided adjacent to any resid ential district or AG-1 district when used for single family and interior to any required landscape strips or buffers. f. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts or AG-1 when used for single-family dwellings. g. All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way. h. The height limits of the zoning district shall apply to all recreational structures unless a use permit to exceed the height is granted (See section 64-1816). Sec. 64-1806. Composting. (a) Required districts. AG-1. (b) Standards. (1) Lot area shall be a minimum of five acres. (2) Permitted curb cut access shall be derived from an arterial or major collector. (3) The hours of operation shall be between the hours of 7:00 a.m. to 6:00 p.m. (4) All operations shall maintain a minimum setback of 100 feet from all property lines. (5) The minimum buffers required are as specified for the M -1 district. (See article III of this zoning ordinance.) - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 41 (6) On-site traffic shall be limited to an all-weather surfaced area. (7) Stored materials shall be contained in such a manner as to prevent the blowing of any materials onto any surrounding property or roadway. (8) The composting facility shall obtain all necessary permits from the state department of natural resources, environmental protection division. (9) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (10) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1807. Convalescent center/nursing home/hospice. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts O -I, MIX, A, A- L, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. (2) Permitted curb cut access shall be from an arterial or a major collector. (3) Provide the minimum landscape strips and buffers as required for the O -I zoning district as specified in article III of this zoning ordinance. (4) Provide a 50-foot building setback from all single family districts or AG -1 districts used for single-family dwellings. (5) No parking allowed within the minimum front yard setback. (6) Rooms or suites of rooms may be designed with separate kitchen facilities . (7) Facility shall comply with applicable local, state, and federal regulations. (8) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1808. Country inn. (a) Required districts. AG-1. (b) Standards. (1) Lot area shall be a minimum of five acres. (2) A minimum of six guestrooms and a maximum of 30 rooms are permitted. (See section 64- 1802, bed and breakfast, for less than six guestrooms .) (3) The country inn shall be owner occupied. (4) Permitted curb cut access shall be from a minor collector or higher road classification. (5) The establishment may provide meal services to guests. (6) Parking shall not be permitted within the minimum front yard setback. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 42 (7) The minimum landscape strip and buffer requirements for the O -I district as specified in article III of this zoning ordinance shall be required. (8) Identification or advertising signs shall be limited to one sign of not more than n ine square feet and no more than four feet in height. (9) Parking requirements shall be the same as hotel/motel as specified in article VIII. Sec. 64-1809. Day care facility. (a) Required districts. R-6, TR, A, and A-L. May be allowed in single-family districts and AG-1 in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital. This section is allowed as a permitted use in districts CUP, O -I, MIX, C-1, and C-2, Deerfield/Hwy 9 Form Based Code and Crabapple Form Based Code. (b) Standards. (1) Facility shall be for seven or more persons, excluding staff. (2) Provide minimum landscape strips, buffers and improvement setbacks as specified for the O -I district in section 64-237 (3) Provide a minimum six-foot high opaque fence interior to any required landscape strips or buffers around the periphery of the yard used for the play area. (4) Play areas shall be located within the rear or side yards. (5) The hours of operation shall be limited to Monday through Friday from 6:00 a.m. to 7:00 p.m. (6) No parking allowed in the minimum front yard setback. (7) Driveway design shall permit vehicles to exit the property in a forward direction. (8) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1810. Driving range (not associated with a golf course). (a) Required districts. AG-1, O-I, MIX, C-1, C-2, and M-1A. (b) Standards. (1) Lot area shall be a minimum of ten acres. (2) Permitted curb cut access shall be from a major collector or arterial. (3) Loudspeakers/paging systems are prohibited adjacent to residential districts or AG -1 districts used for single-family dwellings. (4) The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts or AG-1 districts used for single-family dwellings. (5) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7) Sec. 64-1811. Equine garment fabrication. (a) Required districts. AG-1. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 43 (b) Standards. (1) Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments. (2) All fabrication and storage associated with the permitted u se shall occur entirely within a completely enclosed building. Sec. 64-1812. Festivals or events, outdoor/indoor. (a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2. This section includes, but is not limited to, horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. (See festivals or events, occasional, if not covered herein.) (b) Standards. (1) Permitted curb cut access shall not be from local streets. (2) Eight-foot high 100 percent opaque fencing shall be pro vided adjacent to residential districts or AG-1 districts used for single-family dwellings. (3) Hours of operation shall be betweennot exceed the hours of 8:00 a.m. and 11:00 p.m. when adjacent to residential districts or AG-1 districts used for single-family dwellings. (4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG -1 districts used for single-family dwellings. (5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts or AG-1 districts used for single-family dwelling purposes. (6) The festival or event shall be limited to a three-year period from the date of the city council 's approval not to exceed a total of 180 consecutive days in a calendar year. Sec. 64-1813. Group residence. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts A, A -L, O-I, MIX, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. (2) Permitted curb cut access shall not be allowed from a local street. (3) The minimum landscape strips and buffers required for the O -I district as specified in article III of this zoning ordinance shall be provided. (4) Parking shall not be permitted within the minimum front yard. (5) Facility shall comply with applicable local, state, and federal regulations and provide the community development department with the applicable permit prior to the issuance of a certificate of occupancy. (6) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 44 Sec. 64-1814. Group residence for five to eight children. (a) Required districts. AG-1, R-1, R-2, RR, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, SUB-A, SUB-B, SUB-C, NUP, CUP. (b) Standards. (1) Facility shall be for no more than eight children. (2) Parking shall comply with the requirements of article VIII of this zoning ordinance for dwellings. (3) Copies of applicable local, state, and federal permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. (4) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. Sec. 64-1815. Group residence for nine to 15 children. (a) Required districts. R-6 and TR. (b) Standards. (1) Facility shall be for no more than 15 children. (2) Parking shall comply with the requirements of article VIII of this zoning ordinance for dwellings. (3) Copies of applicable local, state, and federal permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. (4) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. Sec. 64-1816. Height; to exceed district maximum. (a) Required districts. O-I, A, A-L, MIX, C-1, C-2, M-1, M-1A and M-2. (b) Standards. (1) Submit a site plan along with the application which shall depict the open space and spatial arrangement of buildings and facilities. (2) Sources of exterior illumination shall not be visible from adjoining residences. Sec. 64-1817. Kennel or outside animal facilities. (a) Required districts. C-2, M-1, and M-2. (See section 64-1615 for enclosed kennels.) (b) Standards. (1) Minimum one-acre lot size is required. (2) Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shall be located at least 100 feet from all property lines and 200 feet from any single -family district or AG-1 district used for single-family dwellings. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 45 Sec. 64-1818. Landfill, inert waste disposal. (a) Required districts. AG-1, M-1 and M-2. (b) Standards. (1) No access shall be allowed from local streets. (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new landfill shall be located within a three mile radius of the property lines of an existing landfill. (4) The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zone districts. (5) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (6) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (7) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (8) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday. (9) The owner shall provide the director of the community development departme nt a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a land disturbance permit. (10) Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. (11) In accordance with section 64-2127, submit an environmental impact report as required. (12) No portion of a new or expanded landfill shall be located within a one -mile radius of the property lines of residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (13) The landfill shall be operated in accordance with: a. The Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Ga. Comp. Rules and Regs. 391 -3-4, Solid Waste Management; b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Plan: and c. 40 CFR 258 (subtitle D of RCRA). Sec. 64-1819. Landfill, solid waste disposal. (a) Required districts. M-2. (b) Standards. (1) No access shall be allowed from local street s. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 46 (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new landfill shall be located within a three -mile radius of the property lines of an existing landfill. (4) The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zone districts. (5) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (6) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (7) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (8) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday. (9) The owner shall provide the director of the community development department a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a land disturbance permit. (10) Vehicles shall be allowed into a landfill site only if waste i s covered to prevent blowing of material from the vehicle. (11) In accordance with section 64-2127, submit an environmental impact report as required. (12) No portion of a new or expanded landfill shall be located within a one -mile radius of the property lines of a residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (13) The landfill shall be sited and operated in accordance with: a. The Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Ga. Comp. Rules and Regs. 391-3-4, Solid Waste Management: b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Plan: and c. 40 CFR 258 (subtitle D of RCRA). Sec. 64-1820. Landscape business. It is the purpose of the regulation to permit t he filing of a permit application, within an area zoned AG - 1(agricultural), for the operation of a landscape business. Such use may only be permitted where it is determined that such use will be compatible within the specific area identified within the app lication. Allowing such use by permit only provides an opportunity for a business owner to operate such use in property zoned AG-1(agricultural), while creating a mechanism for review, oversight and registration of the use. The following standards place basic limitations on such use and establish criteria to aid in the evaluation of an application for a landscape business. It is understood that proposals for a landscape business will vary in scope and that based on the specific location and surrounding use s, individual properties will be suited for differing intensities of operation. It is further understood that some sites will simply not be suited at all for such use. The burden shall be on the applicant to demonstrate that the - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 47 proposed use is compatible with the specific site and surrounding area and in compliance with the criteria set forth in this section. In accordance with the above purpose, a permit for a landscape business in an area zoned AG -1 (agricultural) may be issued, subject to the following requirements: (1) No retail or wholesale sales shall occur on the property except for sales at roadside produce stands. (2) No individual building, used for the business operation, shall exceed 2,000 square feet, and the total square footage of all such buildings shall not exceed 5,000 square feet. The size of each building and the total size of all buildings may be reduced bas ed on the compatibility with surrounding uses. (3) The design of any proposed building(s) shall comply with the appropriate overlay district. (4) All use areas, storage areas, dumpsters, or structures other than parking and pedestrian walkways shall be located at least 75 feet from any adjoining residential district or AG -1 (agricultural) district. (5) A maximum of six employee vehicles may be parked on the property at any time. Parking spaces shall be designed and placed in a manner that minimizes the im pact or detraction from neighboring properties. Personal vehicles shall only be parked in approved designated locations. (6) A maximum of two commercial vehicles used for the landscape business shall be screened such that they cannot be viewed from adjace nt properties or the public right-of-way and shall be parked on specifically identified portions of the property. Additional commercial vehicles and equipment must be parked and/or stored inside a building. This excludes commercial vehicles delivering materials or equipment to the business which may park temporarily on the property not to exceed 90 minutes. (7) Hours of operation and vendor material deliveries shall occur between the hours of 7:30 a.m. and 7:30 p.m., Monday [through] Friday and 9:00 a.m. t o 6:00 p.m. on Saturdays. (8) Storage of landscape materials on the property may be permitted in limited quantities provided the materials are specifically identified on the site plan and confined. Such plan shall show the location and means of confinement of any material to be stored. Material may include bark mulch, topsoil, sand-based material, stone, brick, concrete block, peat moss, plants and timbers. Limited quantities of fertilizer and/or insecticide may also be stored, provided they are in the manufacturer's original sealed containers and placed inside of a building and in compliance with local, state and federal regulations. (9) All landscape debris and refuse shall be contained in appropriate sized containers and no debris or refuse shall be stored on the ground. (10) The on-site bulk storage of gasoline, diesel fuel, other petroleum products, fertilizers, insecticides or any other environmentally sensitive material is prohibited. (11) The proposed use shall not create noise, odors or produce l ight spillage that is considered a nuisance under Georgia law. (12) Access shall only be allowed from minor arterial or collector streets as depicted in the City of Milton Transportation Plan Inventory of Existing Conditions Report Map 5, dated April 2009 . (Ord. No. 11-05-97, § 1, 5-16-2011) - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 48 Editor's note— Section 1 of Ord. No. 11-05-97, adopted May 16, 2011, changed the title of § 64-1820 from "Landscaping business, plant nursery or garden center with indoor retail component" to "Landscape business." Sec. 64-1821. Lodge, retreat and campground. (a) Required districts. AG-1, M-1A, M-1 and M-2. This section includes facilities of lodging and food service for social, educational and recreational purposes. (b) Standards. (1) Minimum lot size shall be ten acres. (2) Permitted curb cut access shall not be derived from a local street. (3) A minimum 100-foot-wide buffer and ten-foot improvement setback are required adjacent to residential districts, AG-1 districts used for single-family dwellings and adjoining a public street. (4) A minimum 50-foot-wide buffer and ten-foot improvement district are required adjacent to all other nonresidential districts. (5) Length of the stay for all but permanent staff shall not exceed 30 consecutiv e days. (6) Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any residential district or AG-1 district when used for single-family dwellings. (7) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (8) Recreational facilities associated with the use shall be for staff and guests only. (9) One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is greater. Sec. 64-1822. Medical-related lodging. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts A and A -L. (b) Standards. (1) Total number of bedrooms or units shall not exceed 20, including staff facilities. (2) Rooms or suites of rooms may be designed with separate kitchen facilities. (3) Lodging facility shall be located within one mile of a hospital or inpatient clinic. (4) Facilities locating in a TR district must have frontage on streets with classifications higher than local streets. (5) If located adjacent to a single-family district or an AG-1 district used for single -family dwellings, the minimum buffers and landscape strips required f or the O-I district as specified in article III of this zoning ordinance shall be required. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 49 (6) Off-street parking requirements shall be one per living unit plus one per nonresident employee. Parking is not allowed in the front yard setback. (7) Signs shall not exceed four square feet in area and four feet in height. Sec. 64-1823. Mobile home; accessory dwelling. (a) Required districts. AG-1. (b) Standards. (1) The mobile home shall be limited to a three -year period from the date of the city council's approval, after which the mobile home shall be removed unless an additional use permit has been granted. (2) The mobile home shall be located in the rear yard of an existing residential structure in conformance with the yard standards for the location of accessory buildings. (3) The mobile home shall be for the exclusive use of and occupancy by a member of the f amily or a near relative of the occupant of the existing structure, including father, mother, sister, brother, daughter-in-law, son-in-law, child, ward or guardian. Sec. 64-1824. Quarries and surface mining sites. (a) Required districts. AG-1, M-2. (b) Standards. (1) No portion of a new or expanded quarry shall be located within a 1.5 -mile radius of the property lines of a residentially zoned or used property. An expanded quarry shall not include any expanded use within the parcel boundaries of an exi sting site or location. (2) No portion of a new or expanded surface mining site shall be located within a 500 -foot radius of the property lines of a residentially zoned or used property. An expanded surface mining site shall not include any expanded use within the parcel boundaries of an existing site or location. (3) All activities of a quarry or surface mining shall be in compliance with the: a. Georgia Blasting Standards Act of 1978; b. 1968 Georgia Surface Mining Act; and c. U.S. Bureau of Mines RI 8507. Sec. 64-1825. Personal care home/assisted living. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts O -I, A, A-L, MIX, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. Comment [RM2]: I believe that the PC recommended deletion at the March PC meeting for the entire Use Permit - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 50 (2) Permitted curb cut access shall be from an arterial or a major collector. Permitted curb cut access may be allowed from a minor collector if within 1,000 feet of the property line of an institutional use. (3) Provide a 50-foot building setback from single-family districts or AG-1 districts when used for single-family dwellings. (4) No parking allowed in the minimum front yard setback. (5) The minimum parking spaces provided shall be in conformance with health care facilities per article VIII, division 2 of this zoning ordinance. (6) Provide landscape strips and buffers as required in the O -I district as specified in article III of this zoning ordinance. (7) Rooms or suites of rooms may be designed with separate kitchen facilities. (8) Facility shall comply with all applicable local, state, and federal regulations, and provide applicable permits to the community development department prior to the issuance of a certificate of occupancy. (9) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1826. Private correctional facility/prison. (a) Required districts. M-1, M-2. (b) Standards. (1) Minimum lot size: 100 acres. (2) All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed in subsections (b)(2)a. and b. of this section: a. The property line of Suburban A, Suburban B, Suburban C, R -1, R-2, RR, R-2A, R-3, R- 3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses including, but not limited to, churches, schools, universities, colleges, trade schools, libraries, day care centers and other training facilities when minors are the primary patrons. (3) All boundary lines of the property included within the use permit must be located at least ten miles from all property lines of any other correctional facility. (4) Submit, with the application for a use permit, a certified boundary survey of the site and the use of adjoining properties. If any of the uses or zoning districts referenced in subsections (b)(2)a. and b. of this section are located within 500 feet of the boundary lines of the subject property, or a correctional facility is located within ten miles of the b oundary line of the subject property, they must be identified by map as part of the use permit application. (5) A minimum 200-foot-wide buffer and ten-foot improvement setback shall be provided adjacent to any property zoned other than M-1 and M-2 and from any property used for residential purposes. (6) A minimum 100-foot wide buffer and ten-foot improvement setback shall be provided adjacent to property zoned M-1 or M-2. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 51 (7) Permitted curb cut access shall be from a major thoroughfare. (8) Parking spaces shall be in accordance with article VIII of this zoning ordinance, hospitals. (9) Fencing shall be in accordance with American Correction Institute standards and located interior to required buffers and improvement setbacks. (10) Lighting shall be in accordance with American Correction Institute standards and the lighting standards set forth in this zoning ordinance. The more restrictive standards shall apply. (11) Facility shall comply with all applicable local, state, and federal regulations, and app licable permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. Sec. 64-1827. Race track. (a) Required districts. AG-1, M-1 and M-2. (b) Standards. (1) A minimum of ten acres is required. (2) The race track and spectator stands for animal tracks shall be located a minimum of 500 feet from residential districts or AG-1 districts used for single-family dwellings, and 2,000 feet from such districts for vehicular tracks. (3) Permitted curb cut access shall not be from a local street. (4) A minimum 75-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. (5) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to all other property lines non-residential districts or uses . (6) Provide an eight-foot high fence interior to the required buffer/improvement setback and landscape strips. (7) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (8) Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential districts or AG-1 districts used for single-family dwellings. (9) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1828. Recreational fields. (a) Required districts. All. This section includes, but is not limited to, soccer, sof tball, baseball, polo, football, cricket, etc. (b) Standards. (1) Permitted curb cut access shall not be from a local street. (2) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. Comment [RM3]: I believe that the PC recommended deletion at the March PC meeting for the entire Use Permit - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 52 (32) Loudspeakers/paging systems are prohibited adjacent to residentially used property. (43) The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts or AG-1 districts used for single-family dwellings. (5) Comply with the night sky illumination ordinance (Chapter 64, Article II, D ivision 7) Sec. 64-1829. Recycling center, processing. (a) Required districts. C-2 and M-1A. (b) Standards. (1) Limit hours of operation from 7:00 a.m. to 8:00 p.m., Monday through Saturday. (2) No portion of a new recycling facility shall be located wit hin a three-mile radius of the property lines of an existing recycling facility. (3) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (4) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (5) All recyclable materials shall be stored in containers with no stockpiling outside the containers. (6) Collection, storage containers, or receptacles shall not be allowed in minimum yards. Storage shall be screened with a six-foot high solid wall or fence, including access gates. (7) The processing of recyclable materials must be done within an enclosed building. (8) Driveways shall be designed so vehicles will exit the facility in a forward direction. (9) A maximum continuous sound level of 65 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (10) The recycling center shall comply with regulations administered by the Fulton County Department of Health. (11) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1830. Salvage, storage and junk facility. (a) Required districts. M-1 and M-2. (b) Standards. (1) No portion of a new salvage, storage, or junk facility shall be located within a three mile radius of the property lines of an existing salvage, storage, and/or junk facility. (2) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (3) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 53 (4) All facilities shall be screened from view from adjacent properties and road ways with a minimum six-foot high solid fence or wall, as approved by the community development department, except for approved access crossings and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip. (5) Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties. (6) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1831. School, private or special. (a) Required districts. All. (b) Standards. (1) Minimum lot area shall be one acre. (2) If located within a form based code overlay, adjacent to a single-family dwelling district or AG-1 district used for single-family dwellings, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in article III of this zoning ordinance shall be required. (3) Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG -1 district used for single-family dwellings. (4) Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate use permit. (5) Day care facilities in association with the school do not requ ire a separate use permit. (6) Parking areas shall not be located within 50 feet of any residential district or AG -1 district used for single-family dwellings. (7) Student dropoff and vehicular turnaround facilities shall be provided on the site so that v ehicles may re-enter the public street in a forward manner. (8) Permitted curb cut access shall not be from a local street. (9) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1832. Self-storage/mini. (a) Required districts. C-1 and C-2. (b) Standards. (1) At least 75 percent of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and being no more than ten feet high. (2) No activities other than the dead storage or transfer of nonvola tile goods, or leasing of storage space are permitted. Prohibited uses include, but are not limited to: a. Miscellaneous sales; b. Fabrication or repair of vehicles, equipment or other goods; - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 54 c. Transfer-storage business based on site; d. Residential uses, other than the resident manager's apartment; or e. Any use which creates a nuisance due to noise, odor, dust, light or electrical interference. (3) An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval. A resident manager's apartment is included in the use permit. (4) Provide a minimum six-foot high, 100 percent opaque solid wooden fence or masonry wall along the entire length (except for approved acc ess crossings) of all property lines. Said fence/wall shall to be located outside of any public right -of-way and interior to any required landscape strips or buffers. (5) A new or expanded self storage facility shall be located a minimum of 1,500 feet fro m the boundary of any other self-storage facility (mini or multi). Sec. 64-1833. Self-storage/multi. (a) Required districts. MIX, C-1, and C-2. (b) Standards. (1) No outside storage shall be allowed, including vehicle leasing. (2) All buildings shall have windows or architectural treatments that appear as windows. (3) No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include, but are not limited to: a. Miscellaneous sales; b. Fabrication or repair of vehicles, equipment or other goods; c. Transfer-storage business based on site; d. Residential uses, other than the resident manager's apartment; or e. Any use which creates a nuisance due to noise, odor, dust, light or el ectrical interference. (4) Permitted curb cut access shall not be from a local street. (5) A new or expanded self-storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). Sec. 64-1834. Senior housing. (a) Required districts. A use permit shall be required in any district in which the use is allowed. The use is allowed in all districts except M-1A, M-1, M-2 and unsewered AG-1. (b) Standards. (1) In circumstances where conflict exists between overlay guidelines and this zoning ordinance: a. Overlay guidelines will generally supersede general ordinance or resolutions; - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 55 b. If the issue is specifically excluded in the overlay, the ordinance or resolution will apply; and c. If the issue is addressed in both documents, the more restrictive will apply. (2) The standards are as follows: a. Building height shall be in accordance with the underlying zoning. b. Dwelling units for seniors shall be exempted from any part of this zoning ordinance whi ch restricts density. c. No more than 15 dwelling units per acre shall be allowed in a single -family development. No more than 20 dwelling units per acre shall be allowed in a multifamily development. d. No dwelling unit shall contain more than two bedrooms. e. Multifamily dwelling units shall have a minimum of 600 square feet of gross floor area. Single-family dwelling units shall have a minimum of 800 square feet of gross floor area. f. A 50-foot principal building setback shall be provided for attache d dwelling units adjacent to single-family residential districts or AG-1 districts. Accessory structures may be located in the rear and side yards only but shall not be located in a minimum yard. g. Parking spaces shall be calculated as 1(4/10) spaces per dwelling unit. h. No parking shall be allowed in the minimum front yard setback. i. Senior facilities must be served by public water and sewer. j. Landscape strips and buffers shall be provided as specified in the O -I district in article III of this zoning ordinance. k. The property shall be deed restricted to senior housing except as provided for by fair housing laws. l. Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. m. Projects are encouraged to incorporate easy living and applicable accessibility standards as administered and copyrighted by a coalition of state citizens, including: 1. AARP of Georgia; 2. Atlanta Regional Commission; 3. Concrete Change; 4. Georgia Department of Community Affairs; 5. Governor's Council on Developmental Disabilities; 6. Homebuilders Association of Georgia; 7. Shepherd Center; and 8. Statewide Independent Living Council of Georgia. n. Housing shall have at least 80 percent of the occupied dwelling units occupied b y at least one person who is 55 years of age or older which shall be verified by the property owner in - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 56 a manner deemed acceptable pursuant to policies and procedures adopted by the director of the community development department. o. All units shall be owner-occupied. Sec. 64-1835. Skywalks. (a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, M-2. (b) Standards. (1) A minimum vertical clearance of 16 feet above all streets, and a minimum vertical clearance of 16 feet above the walkway shall be provided. (2) Ample space for the free flow of pedestrians with a 12-foot minimum walkway width shall be provided. (3) Prior to issuance of a building permit, a bridge agreement shall be filed with the community development department as a condition of approval. The community development department shall be responsible for the interpretation and application of the conditions set forth in subsections (b)(1) and (2) of this section and no building permit shall be issued by the community development department except upon written approval of the department of public works. Sec. 64-1836. Stadium (off-site) associated with private school. (a) Required districts. All. (b) Standards. (1) Vehicular access is prohibited from a local street. (2) A minimum 200-foot buffer and ten-foot improvement setback shall be provided along all property lines adjacent to residential and AG -1 zoned properties. (3) The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential and AG-1 zoned properties. (4) A 100-foot setback along any public right -of-way is required for all structures and activities. (5) The height limit of the zoning district shall apply to all structures unless a use permit to exceed district maximum height is approved. (6) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7) Sec. 64-1837. Transfer station, solid waste. (a) Required district. M-2. (b) Standards. (1) No access shall be allowed from local streets. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 57 (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new transfer station shall be located within a three -mile radius of the property lines of an existing transfer station. (4) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (5) A minimum 50-foot buffer and ten-foot improvement setback shall be required alo ng all public rights-of-way. (6) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (7) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturda y. (8) The owner shall provide the director of the community development department a current copy of all applicable permits from the state upon application for a land disturbance permit. (9) In accordance with section 64-2127, submit an environmental impact report as required. (10) No portion of a new or expanded solid waste transfer station shall be located within a one -mile radius of the property lines of a residentially zoned or used property. An expanded solid waste transfer station shall not include any expanded use within the parcel boundaries of an existing site or location. (11) Transfer stations shall be sited and operated in accordance with: a. The state regulations of Ga. Comp. Rules and Regs. 391 -3-4.06, Permit by Rule for Collection, Transportation, Processing, and Disposal; b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Act; c. City solid waste management plan; and d. Waste Transfer Stations: A Manual for Decision-Making (EPA 530-R-02-002, June 2002). Sec. 64-1838. Exotic or wild animals. Pursuant to this section, exhibition or display of exotic or wild animals solely for education purposes, or keeping, rehabilitation or maintaining exotic or wild animals pursuant to a valid, current, state -issued wild animal license or wildlife exhibition permit shall be allowed only with a use permit issu ed in compliance with the development standards set forth in this section specifically and pursuant to the zoning ordinance generally. In the event of conflict, the terms of this section shall prevail. (1) Requirements. a. Required district. AG-1. b. Obtained the appropriate license from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS) or provide documentation that the applicant is exempt from USDA/APHIS requirements. c. Obtained a U.S. Fish and Wildlife Service Permit for Special Purpose Possession if exhibiting or dealing birds regulated by the USFWS. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 58 d. Obtained the necessary permit(s) from the Georgia Department of Natural Resources, Wildlife Resources Division. (2) Standards. a. Minimum lot size shall be ten acres. b. Permitted curb cut access shall not be from a local street. c. All activity areas, including parking, structures, areas where animals are housed or graze shall be set back a minimum of 100 feet from all property lines. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. e. Open to visitation by the general public only from 7:30 a.m. to 7:30 p.m. f. If located adjacent to any residential district or an AG -1 district used for single-family dwellings, the minimum buffers and landscape strips required for the Northwest Fulton Rural Milton Overlay District as specified in section 64-1141 section 64-1142 of this zoning chapter shall be required. g. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single-family dwellings. h. Applicant shall inform the director of comm unity development in writing of the number and types of animals to be housed on the subject property and any changes thereto based on a schedule determined and agreed to as part of the use permit. i. Compliance with all requirements of Chapter 5 of the Ge orgia Game and Fish Code, O.C.G.A. § 27-5-1 et seq., related to wild animals, and all rules and regulations adopted pursuant to the authority granted pursuant to O.C.G.A. § 27 -1-4. (Ord. No. 12-10-151, § 1, 10-15-2012) Sec. 64-1839. Apartments. (a) Required districts. Crabapple Form-Based Code, Deerfield/Hwy 9 Form-Based Code. (b) Standards. (1) Required off-street parking spaces shall be no greater than 400 feet away, as measured along a pedestrian walkway, from the door of the unit they serve. (2) Apartment developments shall incorporate outdoor amenity spaces for the use of occupants, provided on the lot and available as passive or active recreational space by occupants, subject to the following: a. Outdoor amenity space shall be provided in the ratio of 75 square feet per dwelling unit. b. Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot. To receive credit the area must be at least ten feet in both length and depth. c. Outdoor amenity space may be located at or above grade. d. Outdoor amenity space may be roofed but cannot be enclosed. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 59 e. Outdoor amenity space cannot be parked or driven upon, except for emergency access. f. In calculating the minimum outdoor amenity space requirement, the following c an be included: swimming pools, paved surfaces and structures when they are a part of approved features such as gazebos, fountains, and plazas (but excluding any parking areas serving such approved features), ground -level active and passive recreational facilities, roof decks, and roof top gardens. g. In calculating the minimum outdoor amenity space requirement, civic spaces counting towards the minimum requirements of the applicable zoning district may not be included. (3) All outdoor amenity spaces and other landscaped areas shall be maintained by a professional landscaper. (4) A minimum of 50 percent of dwelling units above the first-floor shall have balconies with a minimum floor dimension of six feet by ten feet. (5) Adequate provision for the disposal of refuse shall be made within each apartment building, or such refuse shall be conveyed to a central point or points to facilitate collection. Disposal arrangements shall be the responsibility of the apartment building owner. (6) Each dwelling unit shall have central heating and cooling facilities. (7) Adequate laundry facilities consisting of automatic washing and clothes -drying machines in a common laundry room shall be provided, or a washer and dryer hook -up shall be installed in each dwelling unit. (8) A minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. (Ord. No. 13-03-165, §§ 1—3, 3-18-2013) Sec. 64-1840. Barns or riding areas. (a) Required district. AG-1 (as required by section 64-415). (b) Standards. (1) A minimum 75-foot setback is required for parking when the principal structure is a riding area. (2) Hours of operation shall commence no earlier than 7:00 a.m. and cease by 10:00 p.m. when the principal structure is a barn or riding area. (3) A covered riding area or barn shall not exceed the maximum height of 40 feet. (4) Loudspeakers or public address systems are prohibited. (5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (6) When lighting is utilized on the property, it shall conform to article II, division 7 of the zoning ordinance. (Ord. No. 13-04-170, § 1, 4-22-2013) - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 60 Sec. 64-1841. Rowhouses/townhouses. (a) Rowhouses/townhouses in the Deerfield/Hwy 9 Form-Based Code Overlay District shall only be permitted subject to the issuance of a use permit. (b) Standards. (1) Rowhouses/townhouses shall not be located adjacent to properties designated T -2 as designated on the regulating plan. (2) The maximum number of attached rowhouse/townhouse units in a building shall be eight. (3) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section] 4.6.6.b. (4) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section] 4.16.7.v. (5) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section] 4.16.8. (Ord. No. 13-06-176, § 1, 6-17-2013) Sec. 64-1842. Rural or Agricultural Event Facility. (a) Required districts. AG-1, R-1, R-2, and R-2A (b) Standards. (1) Lot area shall be a minimum of five acres. (2) Permitted curb cut access shall not be allowed from a local street. (3) Parking a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or as approved by the Department of Public Works. b. One parking space per 2.5 attendees is required. c. Parking areas shall be screened from roads and adjacent properties. (4) Noise levels measured at the property line shall be in accordance with Chapter 20, Article VII, Division 2 of the City Code. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 61 (5) Activity areas such as outdoor dining, entertainment areas, including parking shall be at least 100 feet from any lot line unless the special event facility and adjacent lot are in single ownership. (6) Hours of operation shall not exceed between 9:00 a.m. and 10:30 p.m. (7) The maximum number of attendees will be evaluated by the Mayor and City Council on a case by case basis for each site. (8) Tents used for any event may be set up no more than twenty-four (24) hours in advance and must be taken down within twenty-four (24) hours after such event. (9) Location and dimensions of undisturbed buffers, if needed to ameliorate the effects of the facility, will be evaluated and determined by Mayor and City Council on a case by case basis for each site. (10) The design of newly constructed structures is to be consistent with the “Building and Other Structure Design (Sec 64-1142 (6)) of the Rural Milton Overlay Zoning District. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 62 Sec. 64-1843. Artist Studio. (a) Required districts. AG-1, R-1, R-2, RR, R-2A, MIX, O-I, C-1, C-2, Crabapple Form Based Overlay, Deerfield/Hwy 9 Form Based Code (b) Standards. (1) No outside storage allowed. (2) Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive. (3) The following standards apply to AG-1 and residentially zoned properties a. The owner shall reside on the property. b. No more than two persons can work on the premises including the resident. c. Only articles or goods produced, assembled, processed or manufactured on the site shall be sold or exhibited in the studio or on the property. d. A studio may be located within an accessory structure only where the property exceeds three acres in size. e. An accessory structure may contain bathroom facilities and running water. f. No person may reside within the accessory structure used as a studio. g. A studio located within the primary residence, shall not exceed the smaller of 25 percent or 750 square feet of the gross floor area of the dwelling unit. h. If applicable, hours for customers to visit the studio and deliveries are not to exceed 8 a.m. to 5 p.m., Monday through Saturday. Editor's note— - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Planning Commission Meeting on May 28, 2014 5/29/20145/28/20145/27/2014 Page 63 Section 1 of Ord. No. 13-06-176, adopted June 17, 2013, added provisions to the Code designated as § 64-1840. Inasmuch as § 64-1840 already exists, in order to avoid duplication and at the editor's discretion, said provisions have been redesignated as § 64-1841 Secs. 64-18424—64-1856. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-02 AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article IX, Administrative Permits and Use Permits of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-02 AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article IX, Administrative Permits and Use Permits of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-03 —To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for a Rural or Agricultural Event Facility. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED {) NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: KYES O NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: d 1.0 2_4 REMARKS {) NOT APPROVED Your ''G .. reen' *Certified * =oP,� PHONE: 678.242.25001 FAX: 678.242.2499 Community aTyof info@cityofmiltonga.us I www.cityofmiNonga.us .•� ;,�w•.,.,�.,„.�-- ••-� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CEAriF-ED eAON E . o To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted May 26, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ14-03 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for a Rural or Agricultural Event Facility. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: The Mayor and City Council has asked Staff to create a new Use Permit for this use to encourage event facilities within the AG-1 zoning district. The current Use Permits that require a public hearing before the Planning Commission and City Council do not truly fit this type of proposed use. The current two use permits are; 1) Festival or events, outdoor/indoor (Sec 64-1812) which is for carnivals, arts and crafts shows, music festivals, etc. and it is Staff’s understanding that it was created in Fulton County for the “Renaissance Festival” which was located in south Fulton and; 2) Agricultural-related Activities (Sec 64-1797) which is for petting zoos, educational tours, dude ranches, etc. and is not conducive for operating an event facility. Staff notes that there is also an administrative use permit: Event: special indoor/outdoor (Sec 64- 1596). This permit is allowed in the AG-1 district for the benefit of charity such as tours of homes, show houses, and the like. Also, no more than two administrative permits shall be granted to the same property per year. Therefore, this administrative use permit is not appropriate for a permanent event facility. Staff’s proposed use permit is intended to take advantage of special rural characteristics such as natural features, historic structures and landscapes, open vistas and/or secluded pastoral locations. The standards are crafted in such a way to be flexible depending on the location and size of the subject site. Instead of a one size fits all, if needed, buffers are determined by the Mayor and City Council. Staff has also recommended that this use permit be categorized under “Agricultural Type Uses” in the chart located in the Rural Milton Zoning Overlay District. Page 2 of 2 Staff has met with interested parties who intend to operate an event facility on large parcels of land with the intention of helping to preserve the rural character of Milton. This use permit would be required prior to the opening of such facility. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the proposed use permit. Legal Review: Paul Frickey - Jarrard & Davis (May, 2014) Concurrent Review: None. Attachment(s): Text Amendment and Ordinance for RZ14-03 ) RZ14-03 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 (First Presentation – June 2, 2014) 5/29/20145/28/20145/27/2014 Page 1 Sec. 64-1842. Rural or Agricultural Event Facility. (a) Required districts. AG-1, R-1, R-2, RR, and R-2A (b) Standards. (1) Lot area shall be a minimum of five acres. (2) Permitted curb cut access shall not be allowed from a local street. (3) Parking a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or as approved by the Department of Public Works. b. One parking space per 2.5 attendees is required. c. Parking areas shall be screened from roads and adjacent properties. (4) Noise levels measured at the property line shall be in accordance with Chapter 20, Article VII, Division 2 of the City Code. (5) Activity areas such as outdoor dining, entertainment areas, including parking shall be at least 100 feet from any lot line unless the special event facility and adjacent lot are in single ownership. (6) Hours of operation shall not exceed between 9:00 a.m. and 10:30 p.m. (7) The maximum number of attendees will be evaluated by the Mayor and City Council on a case by case basis for each site. (8) Tents used for any event may be set up no more than twenty-four (24) hours in advance and must be taken down within twenty-four (24) hours after such event. (9) Location and dimensions of undisturbed buffers, if needed to ameliorate the effects of the facility, will be evaluated and determined by Mayor and City Council on a case by case basis for each site. (10) The design of newly constructed structures is to be consistent with the “Building and Other Structure Design (Sec 64-1142 (6)) of the Rural Milton Overlay Zoning District. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-03 AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS TO CREATE A NEW USE PERMIT FOR A RURAL OR AGRICULTURAL EVENT FACLITY OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article IX, Administrative Permits and Use Permits to create a new Use Permit for a Rural or Agricultural Event Facility of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF' SHE BESE LTON I ESTAI3LISHFF) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-04 — To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for Artist Studio. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V) YES (} NO CITY ATTORNEY REVIEW REQUIRED: (YES O NO APPROVAL BYCITYATTORNEY APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: mo -2.(4 REMARKS ® Yau[D *** PHONE: 678.242.25001 FAX: 678.242.2499 .. ` G' reen - ; C'eftified ; op 1 infoftityofmiltonga.us I www-cityofmiftonga.us Comm.u.nity Fah 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 """'� To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted May 26, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ14-04 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for Artist Studio Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: It has come to the attention of the Community Development Staff that there are businesses located within the City that operate artistic businesses that do not meet the standards as set forth in “Home occupation permitted as accessory use” (Sec 64-213). The biggest obstacle to the artists is that they conduct their business in an accessory structure. These types of artists include photographers, painters, and sculptors that require larger work spaces. The intent of the development standards is to allow these types of uses to operate within AG-1, R-1, R-2, R2-A, commercial, office, and form based codes. If within an AG-1 or other residentially zoned district, a minimum of three acres would be required with no other buffer or setback requirements other than the district standards for accessory structures. Since this use permit would be a public hearing before the Planning Commission and City Council, additional conditions may be proposed if needed. Funding and Fiscal Impact: None anticipated. Page 2 of 2 Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the proposed use permit. Legal Review: Paul Frickey - Jarrard & Davis (May, 2014) Concurrent Review: None. Attachment(s): Text Amendment and Ordinance for RZ14-04 RZ14-04 Text Amendment prepared for the Planning Commission Meeting on June 16, 2014 (First Presentation – June 2, 2014) 5/29/20145/28/20145/27/2014 Page 1 Sec. 64-1843. Artist Studio. (a) Required districts. AG-1, R-1, R-2, RR, R-2A, MIX, O-I, C-1, C-2, Crabapple Form Based Overlay, Deerfield/Hwy 9 Form Based Code (b) Standards. (1) No outside storage allowed. (2) Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive. (3) The following standards apply to AG-1 and residentially zoned properties a. The owner shall reside on the property. b. No more than two persons can work on the premises including the resident. c. Only articles or goods produced, assembled, processed or manufactured on the site shall be sold or exhibited in the studio or on the property. d. A studio may be located within an accessory structure only where the property exceeds three acres in size. e. An accessory structure may contain bathroom facilities and running water. f. No person may reside within the accessory structure used as a studio. g. A studio located within the primary residence, shall not exceed the smaller of 25 percent or 750 square feet of the gross floor area of the dwelling unit. h. If applicable, hours for customers to visit the studio and deliveries are not to exceed 8 a.m. to 5 p.m., Monday through Saturday. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-04 AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS TO CREATE A NEW USE PERMIT FOR AN ARTIST STUDIO OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article IX, Administrative Permits and Use Permits to create a new Use Permit for an Artist Studio of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) M HOME OF' _ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 23, 2014 FROM: City Manager AGENDA ITEM: Consideration of the State Route 9 North Visioning Plan. MEETING DATE: Monday, June 2, 2014 Regular City Council Meeting CKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 0 (, OZ- 14 REMARKS () NOT APPROVED (KNO (�NO () NOT APPROVED ® Your ` 'Green c R,f� a* Community PHONE: 578.242.25001 FAX: 678.242.2499 cn "E y 2h,, infoftityofmiitonga.us i www.cityofmiRonga.us "'G'ERfiF I EO BRONZE 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 1 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on May 1, 2014 for the June 2, 2014 Regular Council Meeting Agenda Item: Consideration of the State Route 9 North Visioning Plan. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In an effort to fulfill the vision defined in the Milton 2030 Comprehensive Plan, the planning process to document the vision for State Route 9 North was launched in January 2013. The Comprehensive Plan identifies the entire State Route 9 area as a future development area in need of a master plan. The recent LCI study produced a master plan for the State Route 9 area south of Bethany Bend, leaving the north section without a master plan. After 10 months of community meetings and discussions, a plan was produced that documented the vision for the north section of State Route 9. The Planning Commission recommended approval at its April 23, 2014 meeting. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: None Concurrent Review: Chris Lagerbloom, City Manager Attachment(s):  State Route 9 North Vision Plan Highway 9 North Visioning Study Draft 1 March 20, 2014 State Route 9 North Vision Plan SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY TABLE OF CONTENTS Introduction 1 Background 2 Chapter I: Inventory and Assessment 3 1.1 Study Area Context 4 Overall Study Area 1.2 Existing Land Use and Zoning Conditions 6 Existing Land Use Existing Zoning Future Land Use Future Development 1.3 Existing Transportation Conditions 11 Road Network, Sidewalks and Transit Existing Transportation Plans 1.4 Market Analysis Summary 15 Chapter II: Visioning Process 16 2.1 State Route 9 North Visioning Process 17 2.2 Issues and Opportunities 18 Chapter III: Proposed Concept Plan 20 3.1 Land Use Framework 21 3.2 Special Treatment Area I: Bethany/Cogburn 24 3.3 Special Treatment Area II: Five Acres Road 26 3.4 Gateway Sign Planning 31 3.5 Proposed Transportation Projects 33 Chapter IV: Action Plan 35 4.1 Action Plan 35 4.2 Action Plan Table 36 Appendix I. Market Study II. Meeting Reports 1 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Introduction and Background Introduction The State Route 9 North Vision Plan reports on the collective conclusions of the community visioning process. The process involved interviews with property owners, and a series of community presentations and interactive workshops as a forum to build consensus among the community. Through these meetings, the planning team was able to work with the community to capture a vision framework for the area. The visioning process revealed an overall vision with two distinct special treatment sub-areas. The goals of the State Route 9 North Vision Plan are to: • Create a vision for the corridor considering market potential and community input. • Identify the issues and opportunities along the corridor • Build a consensus about a cohesive future land-use plan and form of development for the area. • Offer recommendations to improve local zoning regulations and other land use control tools such as form based codes. This Plan is divided into four main sections: Inventory and Assessment, Visioning Process; Proposed Concept Plan; and Action Plan. The Inventory and Assessment section focuses on the existing land use, transportation, and market conditions within the study area. The second section, the Visioning Process, describes the process and steps used to gather the public vision. The third section, the Concept Plan, focuses on the land use framework plan, priority transportation projects, design standards, and other elements which help detail the vision for the area. This section discusses the three key areas: the general overall area and the two special treatment areas. The final section, the Action Plan, outlines implementation strategies to guide the community through successful implementation of the plan’s key projects and elements. 2 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Introduction and Background Background The Hwy 9 area1 of Milton has experienced development resulting from three main factors: its proximity and easy access to the GA 400 state highway, its bordering position with higher density and commercially zoned properties in Forsyth County and the City of Alpharetta, and the availability of Fulton County sewer. Since the 1980’s and 1990’s, and especially between 2000 and 2005, development advanced into north Fulton and south Forsyth counties as part of the growth of Metropolitan Atlanta. Rapid growth in the early 2000’s created a dramatic change to the character of the Hwy 9 area. Milton was incorporated in 2006, and adopted its first Comprehensive Land Use Plan in 2011. As a community, the residents expressed that the Hwy 9 area needed a master plan to guide development and maintain some character. The Comprehensive Land Use Plan identified the Hwy 9 area as a “future development area” and recommended the development of a master plan. In 2011-2012 Milton used a Livable Centers Initiative (LCI)2 grant to study and create a master plan for the Hwy 9 and Deerfield areas. The LCI grant however, did not cover the entire Hwy 9 area as recommended in the Comprehensive Land Use Plan. After the adoption of the Hwy9/GA 400 Master Plan LCI in 2012, the city launched a visioning study to gather the community’s vision for the remaining corridor: specifically that the area north of the LCI boundaries to the city limits. The results of the visioning study will provide a master plan for this remaining area. The report documents the results of the SR 9 North Visioning Study. 1 The Hwy 9 area refers to the area along the State Route 9 in Milton and includes areas east of Cogburn Road and the area west of the highway Ga 400. 2 It should be noted that the LCI program is conducted by the Atlanta Regional Commission (ARC) and offers planning grants to local government to improve their town centers activity centers and corridors. The primary purpose of the LCI program is to plan and implement strategies that link transportation improvement with land- use development decisions. Areas designated as LCI communities become eligible for additional funding assistance through the program for capital improvement projects to help advance the vision and goals described in the plan. 3 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment Chapter I Inventory and Assessment 1.1 Study Area Context 1.2 Existing Land Use and Zoning Conditions 1.3 Existing Transportation Conditions 1.4 Market Study summary per LCI 4 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment 1.1 Study Area Context Study Area Map The study area for the State Route 9 North Vision Plan includes parcels/properties just north of Bethany Bend and adjacent to the LCI study area as well as those parcels along State Route 9 that are vacant, underutilized, or have redevelopment potential. The above map shows the resulting study area. It contains approximately fifty five acres that front State Route 9 and nine acres that front Bethany Bend. The study area includes the rights of way for State Route 9 and Bethany Bend, and the roadway intersection of Bethany Bend and Cogburn Road. 5 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment Figure 1: Bottom: Original LCI region; Top: Proposed extended LCI area (State Route 9 N. Study Area) The State Route 9 North study area is distinguishable from the original LCI area, south of Bethany Bend, by being more residential-based, with low intensity, local-serving, activity centers. Within this general description of the area however, there are two special treatment sub-areas that have additional character details: Special Treatment Area 1: Nine acres along Bethany Bend; and, Special Treatment Area 2: Eight acres along Hwy 9 at Five Acres Road. 6 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment 1.2 Existing Land Use and Zoning Conditions Existing Land Use (2013) Existing Land Uses 2013 Acres Parcels Vacant Parcels 31.0 17 Retail/Commercial 14.9 7 Residential 13.4 4 Manufacturing 2.9 1 Office 0 0 7 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment Existing Land Use Images 8 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment Current Zoning map Current Zoning 2013 Acres Parcels Agricultural (AG-1) 14.4 4 Office and Institutional (O-I) 3.8 2 Community Business (C-1) 12.6 5 Community Business (C-2) 11 5 Light Industrial 0.7 1 Single-Family Residential (R-2) 7.8 4 Townhouse Residential (TR) 4 2 Neighborhood Plan Unit (NUP) 9.1 8 Recently rezoned to NUP (December 2013) 9 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment Future Land Use map Future Land Use Map (2011) Acres Parcels Agriculture, Equestrian, Estate Residential (AEE) 16.9 12 Office (O) 12.7 3 Retail and Service (RS) 14 7 Mixed Use / Living-Working (MLW) 5.7 3 Low Density Residential (LDR) 9.4 4 Medium Density Residential (MDR) 0.7 1 10 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment Future Development map The City of Milton 2030 Comprehensive Plan identifies four areas of the city that would be conducive to future development: Crabapple, Birmingham Crossroads, the Arnold Mill Corridor, and the Deerfield/Hwy 9 area. The inset map of the Deerfield/Hwy 9 area shows it identified as a Priority Master Planning Area. 11 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment 1.3 Existing Transportation Conditions The road network within the study area includes State Route 9 (Hwy 9 or Cumming Hwy) and Bethany Bend on the west side of State Route 9 to Cogburn Road. Currently State Route 9 has two travel lanes, one left turn lane and a right turn lane, wherever required, for access management. Bethany Bend has two travel lanes; also a left turning lane at the entrance to the Cambridge High School, at Cogburn Road and at State Route 9. There are right turning lanes at State Road 9 and at the entrance to Cambridge High School. No right turn lane exists at Cogburn Road. Road quality is good. There are sidewalks along most of Bethany Bend and State Route 9 on at least one side of the road. The missing sections of sidewalk will be installed as the parcel is developed. Bethany Bend has sections of the Milton Trail Plan that have been installed in front of Cambridge High School. This is a 10 foot wide multi-use trail that serves pedestrians and bike traffic. There are sections of State Route 9 that have marked bike lanes on the road, but there are missing sections. Traffic signals are located at Cogburn and Bethany Bend and at Bethany Bend and State Route 9. There is no public transit. These two images show sections of sidewalk that stop at vacant parcels. (These will become continuous as the vacant parcels are developed). 12 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment These two images show types of sidewalks. The top one shows a grass strip between the curb and the sidewalks, while the bottom image shows the sidewalk at the curb. (The top image is the preferred sidewalk cross- section). These two images show sections of the Milton Trail Plan that have been installed in front of Cambridge High School. 13 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment Milton Comprehensive Transportation Plan Map The top image shows the marked bike lane on State Route 9. The bottom image shows a bike parked on State Route 9 and there is no bike lane. Note the proposed widening of State Route 9 to four lanes. This will be discussed in Chapter 3: Proposed Concept Plan. 14 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment Milton Trail Plan Map Milton Trail Plan for the Deerfield/Hwy 9 Area 15 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 1. Inventory and Assessment 1.4 Market Analysis An in depth market analysis was done in 2012 for the Hwy 9 area as part of the Hwy 9/GA 400 Master Plan LCI. This analysis is incorporated and by reference is made part of this State Route 9 North Vision Plan (see appendix). In summary, since the national economic downturn in 2008, Milton started to show signs of recovery by 2011 particularly in the residential markets. Milton represents a family market, more so than neighboring cities. The demographic data from the 2010 census delineates a population of 32,664, consisting of 11,659 households with an average of 2.8 people per household. Milton’s households are slightly older than Alpharetta’s and it is anticipated that the households aged 65-74 will have the greatest growth. Incomes are also greater in Milton. A look at the employment data shows that 95% of Milton residents work outside the city. This study suggested that in the LCI study area, Milton can support some mixed-use development and attract industries such as finance, insurance and real estate. This can create an economic engine for the city while continuing to support the residential and equestrian character of other parts of Milton. It is anticipated that the Plan study area can capitalize on the findings of this market analysis, but within a lower scale of intensity. 16 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 2. Visioning Process Chapter II Visioning Process 2.1 Visioning Process Overview 2.2 Issues and Opportunities 17 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 2. Visioning Process 2.1 Visioning Process Overview The State Route 9 North Vision Plan was developed through a community based public participation process over a ten month period. The objective of the public meetings was to collect community input with respect to intensity and types of land use that they would like to see developed in the study area. The property owners along State Route 9 were contacted and invited to meet with the City planning staff to discuss their impressions of the study area as well as any redevelopment options they thought to be appropriate. This information was compiled to use as the first step towards identifying a vision for the area. Community Meetings: The first meeting consisted of a group of key stakeholders which included Hwy 9 property owners and other interested people and served as a preview presentation of the initial findings; and to discuss the goals and purpose of the visioning study before the official kick-off presentation to the general public. The second meeting was the official Public kick-off held on February 13, 2013. Taking into consideration the feedback from previous meetings, particular activities were incorporated to better understand the character of the neighborhood that people would want to maintain. One of the foremost concerns of the community was the desire to retain consistency of neighborhood. Accordingly, a visual preference survey was used to determine the desired appearance of developments along the State Route 9 North. Residential, offices, retail, and mixed use buildings of various designs were presented and people rated each image from 1 to 5, 1 being the least preferred. Subsequently, a mapping exercise was conducted, to allow the community to place their preferred images at specific locations along the study area. This helped the planning team understand and visualize a future layout as suggested by the community. A third, follow-up meeting, presented the results of the preference survey. The images rated best and worst showed the overall notion about future vision for this community. Land use types and building styles approved by the community were reaffirmed followed by a discussion about two specific neighborhoods not being able to achieve consensus with the overall vision plan. These two areas were identified for separate meetings to build a consensus about desired future development. Lastly, a plan for gateway design at the entrance to Milton on State Route 9 was showcased. The meeting concluded with a review of a list of land use types and forms of development that the community had exhibited agreement. The exercise showed preferences for office, mixed 18 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 2. Visioning Process use, residential or retail development. The general consensus was established for a limited amount of mixed uses with buildings up to two stories in height and of traditional architectural style. The public was informed about the possibility of adopting the form-based zoning codes to control the form of development occurring in the study area. A final meeting was held on November 6, 2013 at City Hall. All groups were invited to hear the findings from the special treatment areas as well as confirm the general vision for the study area. The public was given another chance to voice their concerns about the proposed plan and overall visions. Some of the concerns heard at the meeting were related to building mass (people disliked big-box buildings), flat rooflines (people strongly preferred sloping roofs), and the prospect of high-density residential on Bethany Bend. At this meeting, next steps for the proposed plan were announced. Residents were notified that they would have the opportunity to make comments during each step of the review and approval process. People were also made aware of the upcoming public hearings for the rezoning of the Bethany Bend/Cogburn Rd project. Staff also addressed questions about the Form Based Code development process. 2.2 Issues and Opportunities Initial Community Feedback from Stakeholder Interviews Assets: • Rural / residential character • Convenience to shopping, major transportation routes • Walkable to shops and between neighborhoods • Police presence Challenges: • Traffic volume and queuing for the school and from McFarland Road • Difficulty turning left on SR 9 • Bethany Bend Intersection • Current zoning is not realistic • Single parcels of land – owners or neighbors may not want the infill/change to office or commercial Improvements: • Sidewalks would be helpful, Some in favor of bike lanes • Bethany Bend Intersection • Reduce miles per hour speed limit on SR 9 Housing: • No need for additional residential other than in mixed use • Some still feel there is a place for single family residential • High density residential will burden the infrastructure 19 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 2. Visioning Process Office: • Yes – dental, medical, law, other services Retail: • Yes, but less than the Deerfield area. No to the development of strip centers Restaurant: • Yes Park options: • No need for additional parks in the area – agreements with Alpharetta and Forsyth would be more efficient • Link with the Greenway Shopping options: • There is a Walmart within 5 miles in either direction. • Most options are available except for an upscale Health Food store e.g. Whole Foods Style: • Traditional architecture - nothing too modern • Mix of colonial and contemporary design • Suwannee or Woodstock style architecture • Stone, brick, columns • Two to three stories from grade – stories are less important than the height appearance from the street • No glass box buildings • Needs more distinctive architectural style guidelines than original LCI area – Bethany character area vs Deerfield • More trees and plantings, as part of the aesthetics, than the Deerfield area • Continue the horse fencing theme • Gateway to Milton from Forsyth 20 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan Chapter III Proposed Concept Plan 3.1 Land Use Framework and Vision 3.2 Special Treatment Area 1: Bethany Bend/Cogburn 3.3 Special Treatment Area 2: Five Acres 3.4 Gateway Sign Plan 3.5 Proposed Transportation Projects 21 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan 3.1 Land Use Framework and Vision Plan The land use framework shows that within the study area, there are two sub-areas that have a slightly different character and vision from the rest of the State Route 9 North study area. The two sub-areas (as shown on the map above) are referred to as: Special Treatment Area 1: Bethany Bend/Cogburn, and Special Treatment Area 2: Five Acres. Their distinction in vision will be discussed later in the chapter. The community’s overall vision for the State Route 9 North study area is one of a mix of low to medium scale residential development, with low scale neighborhood-serving office and retail, with particular attention to architectural character and walkability. It was found that the foremost demand of the community was to preserve the less intense neighborhood characteristic that exists north of Bethany Bend. The desired neighborhood signature can be achieved by defining the acceptable land-uses and building forms for new development, as well as setting the landscaping, streetscape, buffers, 22 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan and setbacks that contribute to the functional relationship between the buildings and the street and the various uses. One of the objectives of the public participation process was to establish the acceptable and unacceptable land-uses for future development. 23 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan Specifically, it was determined that the future overlay should address: Proposed Acceptable Land-Uses Proposed Unacceptable Land-Uses Single Family homes (detached) Gas Stations with / without Convenience stores Single Family homes (attached) Landscaping and supply yards Office Car lots, car sales, car washes Retail Free standing fast food Restaurant Drive- throughs Mixed Use Second hand retail/consignment/pawn shops Liquor stores Amusement parks Check cashing stores Coin operated launder-mats Tattoo, body art and piercing parlors Fortune telling parlors Massage parlors Pool halls Escort and dating services Scale • One to two story buildings • No Transfer of Development Rights sending or receiving areas Setbacks, buffers, privacy fences • Proposed Buffer and setback requirements o 50 – 75 feet visual buffer from single family residential o Current requirements for residential buffers will be maintained o 20 feet wide landscape strip along Highway 9 o 6 feet wide walkways • Buffers should seem natural Form and Architecture • Refer to the Deerfield standards as the basis (section 4.16 of the Deerfield Form Based Code) 24 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan 3.2 Special Treatment Area I: Bethany Bend/Cogburn Special Treatment Area 1: Bethany/Cogburn is a group nine parcels located along Bethany Bend and Cogburn Road just north of Cambridge High School and the north boundary of the LCI area. Early in the visioning process, the property owners for the nine parcels brought an application for rezoning to the City for a proposed development of residential, office and an assisted living facility. This proposal was not supported by the community’s vision for the area. A special group was formed to discuss and reach an acceptable compromise for the development of this site. (Complete notes from the meetings can be found in the appendix). The meetings concluded with a concept design for 28 single family homes with open space along Cogburn Road. The property owners took the concept through the rezoning process and the City Council subsequently approved the application conditional to the site plan with a reduction to 27 homes and other conditions on December 16, 2013. (Zoning Case # RZ13-16/VC13-06). 25 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan I I 26 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan 3.3 Special Treatment Area II: Five Acres Road Special Treatment Area 2: Five Acres Road, consists of four parcels along Hwy 9. They are approximately each 2 acres in size, with two parcels being vacant and wooded, and the other two parcels each containing an occupied, single-family residential unit. Unlike Special Treatment Area I, all four parcels are individually owned and are not represented by a developer. These parcels required special treatment because the group exercise for determining their development vision, resulted in a lack of consensus. Accordingly, a group of owners and neighboring residents met over several meetings to discuss the future development potential and options for the area. It was agreed that given that the parcels fronting State Route 9 are exposed to increasingly heavy traffic volume and noise, residential uses directly on the highway would be less desirable. However, some light-commercial, office and retail buildings would be appropriate if they were designed to fit into the residential character of the community in terms of scale, building materials, design aesthetic, buffers and landscaping. The design of the entrance to Five Acres Estates was determined to be especially important since it creates the look and feel for the entire subdivision, including all the residents 27 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan who live within. Also, it was felt that the entrance, especially because it is on State Route 9, had to transition appropriately to a quiet residential use. Based on the meeting discussions it was concluded that some limited non-residential uses would be acceptable if the scale and architectural appearance complemented the Five Acres subdivision. The following concept drawings depict the desired architecture and scale that would be acceptable for future development. A full report of the meetings can be found in the appendix. In addition, it was agreed that a landscaped buffer will be maintained to block views of the redeveloped properties from Five Acres Road. A 20 foot landscape strip will be planted with dense plantings, including evergreens, so that non-residential properties are not visible from Five Acres Road. The overlay should stipulate landscaping buffer standards so as to block views in all four seasons and that deciduous trees would be included for aesthetics. The existing trees 28 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan within the buffer will need to be removed in order to enable this more densely planted landscape to be created and the entire buffer will be fronted by horse fencing as described in the Hwy 9 Design Guidelines. Natural landscaped buffers will also be preserved between lots located on State Route 9 and their residential neighbors to the rear and side. Entrances and egress to the lots will be from Hwy 9. There will be no access to Five Acres Road from these parcels. Further, each pair of properties on either side of Five Acres Road, will share a single entrance and egress to State Route 9, where the access to the parcels will be shared between the adjoining property owners. Five Acres Road will be designed for its role as the entrance to Five Acres Subdivision where no use other than single family housing will have an entrance onto Five Acres Road. A landscape buffer will be maintained to block views of the redeveloped properties from Five Acres Road, An entrance to the subdivision at the start of Five Acres Road will be designed and constructed. Example of a subdivision entrance sign 29 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan Example of a subdivision entrance monument All four properties within this special treatment area will maintain a 50 foot buffer along their property lines with residentially zoned neighbors. In the rear, the buffer will be primarily undisturbed forest, with more dense vegetation and/or fencing along the interior edge of the buffer if the natural vegetation is insufficient to block sightlines to the potential development from existing residential properties. • Development will be capped at 10,000 square feet per acre of land • Buildings will be one or two stories tall • Buildings will be designed to fit well with the residential character of the area. • Design elements such as peaked roofs, massing, windows, doors, and building materials will be used to enhance building styles appropriate to the area. • Building Accessories: Detention ponds (if used) and dumpsters will be hidden from view • Landscaping elements will be included around parking lots and buildings. Acceptable Unacceptable Residential types i) Single Family ii) Duplex iii) Cluster housing iv) Townhomes Office Automobile services, including gas stations Live/Work Hotels, Motels Retail; bank Kennels Gyms Convenient stores Assisted living Traditional shopping centers Restaurants and Restaurants with outdoor seating are conditional Drive though restaurants Nursing homes and hospitals Day care and Schools 30 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan Sample plan of properties located at Five Acres Road along State Route 9, showing examples of buffers, landscaping, entrances, fencing, and monument sign location. 31 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan 3.4 Milton Gateway signs As part of the City’s branding efforts, several gateway locations have been identified around Milton, one of which is the location on State Route 9 at the Forsyth County line. This location is Milton’s major entry point from Forsyth County. The City is working through the regulation procedures to allow for the installation of the sign and plantings at this location. Logo Panel 8 feet by 4 feet Equestrian Style Fence 11+ feet by 5+ feet Horse Logo position 32 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan Proposed location of the sign at State Route 9 at the Forsyth County line The image above shows the view entering Milton, along State Route 9, from Forsyth County. The proposed Welcome to Milton gateway sign and plantings would be placed on the right side of the road as one enters Milton from Forsyth. The left side of the road would be landscaped with complementary plantings to frame the entrance. SR 9 North Gateway Site pictured facing west southwest along SR 9. SR 9 North Gateway Site for plantings pictured facing west northwest along SR 9. 33 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan 3.5 Proposed Transportation Projects Highway 9 widening Georgia Department of Transportation (GDOT) is working on plans to widen State Route 9 from Alpharetta to Cumming. Currently, the project section, Windward Parkway to Fulton / Forsyth County line, is in the conceptual design phase. The City of Milton is coordinating with GDOT to design the Milton segment in a way that complements the neighborhood character along the route. Access control along State Route 9 would also be evaluated during the project. Meetings are planned for early 2014 to present and discuss the concept with the community. As part of the community input from this visioning process, it was suggested that a traffic signal be placed at the entrance to the Crooked Creek subdivision. Crooked Creek Subdivision 34 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 3. Proposed Concept Plan Bethany Bend intersection Improvements The intersection of Bethany Bend and State Route 9 was identified in the LCI Study in 2012 as needing improvements. Similar comments were echoed during the State Route 9 North Visioning process as well. As a result of the LCI, the City was later able to ascertain funding for a project to study the intersection. The Bethany Bend intersection study is currently in the Concept Design planning phase after which, the public information open house phase will be scheduled in early 2014. Crooked Creek Subdivision 35 SRSRSRSR 9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN9 N VISION PLAN Proposed LIVABLE CENTERS INITIATIVE STUDY Chapter 4. Action Plan Chapter IV Action Plan Action Plan Based on the concept plan described in the previous section of this report, the Action Plan highlights the steps that will lead to the realization of the vision and concepts. It includes a Five Year Implementation Plan Action Plan Table (see next page) Implementation Plan Table for State Route 9 N. VisionTransportation ProjectsDescriptionType of ImprovementIncluded in TIP/LR/ASP?ARC / GDOT Project IDProject YearEngineering YearEngineering CostROW Year ROW CostConstruction YearConstruction CostTotal Project costResponsible PartyFunding SourceLocal SourceMatch AmountSR 9 Road widening from Windward Parkway to Deerfield ParkwayRoadway General Purpose Capacity, Bicycle/PedestrianLR FN-222 2017 $1,200,000 2018 $13,000,000 2019 $12,000,000 $26,000,000City of Milton/GDOTLocal, State (GDOT)City of Milton$5,200,000SR 9 Road widening from Deerfield Parkway to Bethany BendRoadway General Purpose Capacity, Bicycle/PedestrianLR FN-222 2017 $900,000 2018 $9,500,000 2019 $9,000,000 $19,000,000City of Milton/GDOTLocal, State (GDOT)City of Milton$3,800,000SR 9 Road widening from Bethany Bend to Fulton/Forsyth County LineRoadway General Purpose Capacity, Bicycle/PedestrianLR FN-222 2017 2018 2019City of Milton/GDOTLocal, State (GDOT)City of MiltonSR 9 at Bethany BendRoadway Operations and Safety (intersection)2016 $410,000 2017 $1,800,000 2018 $4,100,000 $6,300,000 City of MiltonLocal, State (GDOT)City of Milton$1,260,000Signalization at Crooked CreekTBDSupplemental Study for SR 9 and Bethany Bend intersection, alignment and associated potential redevelopment2013$50,000 City of Milton Local/LCISupplemental Study of Milton Bicycle Plan (complimentary to Milton Trail Plan with specific focus on innovative bicycle 2014$60,000 City of Milton Local/LCIOther ProjectsDescriptionType of ImprovementIncluded in TIP/LR/ASP?ARC / GDOT Project IDProject YearEngineerign YearEngineering CostROW Year ROW CostConstruction YearConstruction CostTotal Project costResponsible PartyFunding SourceLocal SourceMatch AmountGATEway welcome signage and plantings2014 City of MiltonLocal, State (GDOT)City of MiltonZoning Overlay Form Based Code2014City of MiltonCity of MiltonCity of Milton MARKET STUDY URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 31 Abandoned Housing and Partially Empty Retail Space a long Hwy 9 HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT MARKET ASSESSMENT Figure 1.1 source: Census National Outlook and Trends In order to put the Milton market analysis into c ontext, RCLCO first assessed the national market outlook. The good news is that 2011 showed some positive signs of market recovery with moderate employment growth, increased consumer spending, and modest housing starts growth. Over the next year, 2013, the US economy is expected to continue to grow at a moderate pace. Access to credit for development will continue to improve, and there will be a continued slow recovery of the residential market, led by rental housing, while the for-sale market continues to lag behind. One of the biggest challenges for the US economy in 2012 is the weakness in European markets. This has an unfavorable influence on US companies that export goods and services abroad. The fact that it is a Presidential election year also causes some economic uncertainty. Looking slightly further ahead, the forecasts for 2013 and 2014 suggest a much more stable economic environment, with an increase in both residential and commercial lending, stronger job growth and a more significant housing market recovery. While some of the impacts of the downturn were short lived, others may have a more lasting effect on consumer behaviors. For instance, the rate of home ownership, which spiked during the height of the market, has been on a downward trend, as shown in Figure 1.1. This has the effect of increasing the demand for rental housing, as a growing portion of households turn to renting. URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 33 MARKET STUDY Figure 1.2 source: Census This in turn reduces the number of home buyers, leading to a slowed recovery of the for-sale housing market. State and Federal housing policies, and consumer attitudes about investing in real estate will determine if home ownership rates will continue to decline towards historic norms (63% to 65%, as shown in Figure 1.1). It is entirely possible that the rate of home ownership will decline several more percentage points and sustain at those levels for the short and mid-term. The increasing trend towards rental housing has driven a national multifamily resurgence over the past year, as strong occupancies and increasing rent rates have justified new construction. Another factor likely to impact the kinds of housing that gets built in the future is the growth in households without children. This is shown in Figure 1.2. In terms of the market opportunity, and Milton in particular, which has typically served a family market, the implication of more child-less households is likely to prompt an increase in demand for alternatives to conventional large lot, single family homes, such as smaller lot detached homes and townhomes. Given this information, the Study Area may be identified as an area that can provide those alternatives to the traditional single- family housing product. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT Figure 1.4 Household Distribution source: ESRI Figure 1.3 30004 Zip Code Area source: ESRI Milton Overview The Study Area’s demographic characteristics i nfluence future opportunities for new development. The following demographic analysis of Milton focuses on the area defined by the 30004 zip code. A map showing the zip code boundaries is shown in Figure 1.3. As of the 2010 census, the most current census projections, there were 11,659 households in Milton and a total of 32,664 people, equating to an average household size of 2.8 people. The median age of households in Milton is 37, with the largest portion falling between 35 and 54. Not surprisingly, the distribution of household ages in Milton is similar to neighboring Alpharetta in terms of a concentration of households 35 to 54. However, Alpharetta has a greater portion of households ages 25 to 34. A summary of household distribution is shown in Figure 1.4. Over the next three to four years, Milton is anticipated to see the greatest growth in households headed by persons aged 65 to 74, URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 35 Figure 1.5 Household Heads source: ESRI Figure 1.6 Renter and Owner Occupied household percentages source: Census 2010 MARKET STUDY which is primarily the result of many households a ging in place. Substantial growth among households headed by persons under age 25 is also anticipated because of available job opportunities for young professionals. It is also important to note that the overall rate of growth is higher in Milton, across all age ranges than the City of Alpharetta, the City of Roswell, and Atlanta metro . This is shown in Figure 1.5. Within Milton, the composition of owner and renter households is very different. Over 85% of owner households have 2 or more people, while 65% of renter households are comprised of just one or two persons. Demographic trends suggest that the demand for rental housing to accommodate the expanding base of smaller households in Milton will continue to grow. The distribution of household sizes by renters and owners is shown in Figure 1.6. Incomes in Milton are higher than the surrounding cities and the Atlanta MSA, with a greater distribution of households earning $100,000 or more annually. The distribution of incomes is shown in Figure 1.7 on the following page. While the incomes in Milton indicate a generally high wage community, it’s important to note that over 95% of Milton residents work outside the city. The employment located in Milton is most heavily concentrated in services and retail trade. Relative to the surrounding cities and the MSA, the percent of employment in Finance, Insurance, and Real Estate employment is lower in Milton. This type of employment is typically higher-wage, office oriented employment. A distribution of employment by sector is shown in Figure 1.8. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT Figure 1.7 Distribution of Income source: ESRI Incomes in Milton are higher than the surrounding cities and the Atlanta MSA, with a greater distribution of households earning $100,000 or more annually. The distribution of incomes is shown in Figure 1.7. Although Milton has a limited amount of office, it is located within the North Fulton office submarket. This submarket has the third largest amount of space and the lowest vacancy rates, indicating strength in this sector and a potential opportunity for Milton to attract finance, insurance, and real estate employers with the goal of attaining better housing and jobs balance. Development Opportunities RCLCO performed a preliminary “development o pportunity assessment” of the LCI area, by comparing Milton to national trends, examining local demographics, and conducting conversations with stakeholders and business owners in the LCI. Overall, Milton is an established and desirable location known for strong schools and a family environment, with healthy population growth rates forecasted for the future. While there is some commercial development in place, the area is predominantly residential. It is important to note that relative to surrounding communities, Milton’s ratio of commercial to residential property is lower, which could have an impact on property tax revenues. The demographic analyses conducted for this study indicated continued demand for residential product. In particular, the aging household base suggests an opportunity for additional housing for seniors. In addition, there appears to be more opportunity for office and retail development to support Milton and other area populations. The area lacks a “multi-use” core, which recent independent national market surveys indicate is the most desirable type of suburban community in America today . There is a strong opportunity to create a commercial “town center” scaled environment (as opposed to the municipal- anchor town center concept currently being 37URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO Figure 1.8: Employment by Sector source: ESRI MARKET STUDY discussed for the Crabapple area), similar to what c ommunities such as Suwanee and Smyrna have created. One of the factors that has driven the growth of office space in other communities is the presence of executive households. These are the decision- makers that decide where to locate their offices. Given the strong base of executive households in Milton, and the strong performance in the overall North Fulton office market, it would appear that there is an opportunity to provide additional office space. In particular, there appears to be an opportunity for greater segmentation of office formats, not simply focusing on large institutional properties but including smaller professional service employment in mixed-use formats, which have been popular in town center locations. Retail is strong along Windward Parkway in anchored shopping centers, however, non-anchored strip retail in mid-block locations are weak as indicated by their vacancies. This may improve as the economy overall improves, but in general non- anchored strip retail may be oversupplied. Although Milton has the ingredients to support mixed-use development, it may be a challenge to find the land to support additional development in the LCI area. Some of the tracts that present the greatest opportunity for re-development are also those that house some of the newest developments (Hwy 9 south of Windward), so their near-term re-use may not be feasible. The Deerfield area however, is ripe for regional office and supportive mixed-use development. The challenge for Deerfield is the competition that it faces from adjacent communities. 1 | Page    Rte. 9 Visioning Process Bethany Bend Area Stakeholder Group Meeting June 27, 2013 Introductions Participants introduced themselves. Participants included: Peter and Patti Fredlund, PB Nair,  Nikki Haslett, Patrick McAreavey, Laura Bentley, Lacy Kennedy, Roger Kubler, Maryanne and  Kenneth Hayes, Dot Blair, Virlyn and Naomi Asherbranner, Kari Payne, Barbara Schippert, Jim  and Beth Simpson, Curtis Hicks, Lester and Lynn Lee, Meg Baird, and Niraj Kumar. City officials  included: Kathy Field, Michele McIntosh‐Ross, and Robyn MacDonald. Facilitator: Michael Elliott.  Review of Visioning Process The history and current status of the visioning process was described as follows.   The initial design for the visioning process was to encompass the full length of Rte. 9 and its  proximate areas. The area considered in Phase 1, however, was limited to south of Bethany  Bend, in large part because the Atlanta Regional Commission provided for a Livable Centers  Initiative grant to cover the cost of planning, and LCI grants are generally provided to plan for  activity centers rather than for linear corridors (see Figure 1 below, with the south visioning  area shown outlined in red and the north visioning area shown in blue).     1 LCI Boundaries for the Southern Section of Route 9  2 | Page    The LCI grant was issued in FY 2011 and the resulting plan (prepared by Urban Collage) was  completed in April 2012 (Highway 9/GA 400 Area Master Plan). The plan is now being  implemented.  Following completion of the LCI planning process, the city’s Community Development  Department began a process of visioning focusing on the area to the north of Bethany Bend  (see figure 2 below). This process was modeled on the approach used in the LCI, with a  Stakeholder Group comprising of many of the same individuals who had constituted the LCI  Stakeholder group, with city planning staff managing the process. During the initial meetings of  the Stakeholder Group and the corresponding public meetings, it became clear that two  sections of the Rte. 9 North area were of particular concern to residents of the nearby  community. One of these was the section on Bethany Bend. The city therefore invited residents  of the area to form a stakeholder group for more detailed discussions about this area. A  facilitator was hired to work with members of the group to develop a vision acceptable to the  various parties. The facilitator interviewed most of the participants before the first meeting.  The June 27th  meeting was the first of the group meetings.    2 Planning Area for the North Section of Rte. 9   Envisioning the Future of Rte. 9 on Bethany Bend The meeting focused on issues associated with the future of the section of Bethany Bend west  of Rte. 9 included in the visioning process. Based on interviews conducted by the facilitator, a  3 | Page    list of concerns, issues and interests was posted for consideration. These concerns were  discussed, with additional concerns added. The concerns are as follows:  1) Communitywide Concerns:  a) Traffic on Bethany Bend and on Cogburn  i) Level of traffic   ii) Time needed to get through this section when traffic backs up  iii) Difficulty of merging into traffic safely   iv) Specific concerns about young (high school) drivers, due to the large number of  schools on Cogburn  v) The possible impact of future trucks and emergency vehicles in the area, and the  noise they could generate  b) Safety of drivers and pedestrians, particularly school children, also due to the large  number of schools  c) Preserving Milton’s character   i) Milton is trying to preserve a rural character and to restrict denser development to  nodes and corridors such as along Route 9. The properties along Bethany Bend could  allow development to penetrate more deeply along Bethany Bend and Cogburn.  ii) On the other hand, the high school has already altered the character of this stretch  of Bethany Bend significantly.   iii) There are mixed views about what this means for this stretch of Bethany Bend, but  most participants are clear that they do not want development on this property to  open the door for future development down Bethany and Cogburn, or to alter the  residential and rural character of these two roads north and west of the intersection  of these roads.  iv) The type of development, its density, and its aesthetics all impact the character of  the area.  v) The use of sewer on the site is seen by many residents as opening the door for the  future use of sewer in developments to the west and north of these parcels, and  that such a precedent is not desirable.   d) Property values  i) A concern of both owners of property in the Bethany Bend Visioning Study and  nearby residents  e) Managing change responsibly  i) The need for planning in order to manage change in a careful manner, taking into  consideration the vision and concerns of all the stakeholders involved   4 | Page    ii) The need to install infrastructure at the level needed to ameliorate the impacts of  this growth (sidewalks, traffic lights, etc.). Sidewalks were discussed at more length.  The city is seen as not having the resources to pay for new infrastructure  iii) What does it mean for this section of Bethany Bend to be considered a transition  zone? How does this stretch of Bethany Bend protect the concerns of its neighbors  while responding to the conditions around it?  iv) The desire to get the question of appropriate use of the land along this stretch of  Bethany Bend resolved in a way that decreases the uncertainty about its future use  f) Crime in the area: is it rising?  2) Additional Concerns of Abutting Neighbors:  a) Privacy issues associated with sight lines, noise, and light  b) Massing of nearby buildings, especially if they are significantly larger than existing  residential structures  Options for Consideration Current zoning (AG‐1) allows for single family housing, kennels, vets, and other agricultural uses  as of right, and churches, schools, B&Bs, landscaping, and similar institutions and businesses  with a special use permit. Options for rezoning the properties along Bethany Bend will need to  address the communitywide and additional neighbors’ concerns indicated above.  Options for future consideration include:  1)  Passage of a bond to buy the property for public purposes. Public use could include a park  and community center, or expansion land for the high school  2) One‐story office condos made to look like homes  3) A church  4) Restricting development to the property along Bethany while preserving the character of  the land along Cogburn  5) Terrace apartments for seniors, similar to The Orchards  6) Single family housing, either as currently allowed under AG‐1 zoning (9 homes on 1‐acre  lots), at twice that density (18 homes on ½‐acre lots), or at some unspecified increase in  density over this amount  7) Cluster homes (for active adults)  8) Offices (doctors, dentists, other services); office condos, such as The Grasslands  9) Mixed use development  10) Graduated density, with part higher density nearer Route 9 and density decreasing in the  parts of the property furthest from Route 9  5 | Page    Next Steps Participants agreed to meet again to focus on possible options for future development that  would meet the interests of the various stakeholders in the group. Between now and the next  meeting, the various Bethany Bend property owners will develop a few options for  consideration. The objective is to develop options that meet the interests of the various  stakeholders as outlined above.     1 | Page    Rte. 9 Visioning Process Bethany Bend Area Stakeholder Group Meeting 2 July 10, 2013 Introductions Participants introduced themselves.   Participants included: Peter and Patti Fredlund, PB Nair, Laura Bentley, Jim, John and Beth  Simpson, Dot Blair, Elaine Decker, Niraj Kumar, Naomi Asherbranner, Lynn Lee, Meg and Sam  Baird, and Bryan Flint. City officials included: Kathy Field and Robyn MacDonald. Facilitator:  Michael Elliott.  Interests and Concerns Following review of the agenda and introductions, participants briefly reviewed the interests  and concerns raised during the first meeting of the stakeholder group. These are as follows:   Minimize traffic impacts   Promote pedestrian safety, especially for school children   Promote compatibility between land uses and types of development included on the  site with the residential neighborhoods to its west and north, as well as with the high  school to its south    Limit density to a level compatible with its residential neighbors    Design to aesthetic standards, both in buildings and landscaping, that enhance Milton’s  character   Reduce the likelihood that development in this location will increase the prospect of  future commercial redevelopment of the residential properties located on Bethany  Bend and Cogburn, with a particular concern about the role of sewer extensions in  promoting redevelopment   Protect the privacy of residential neighbors from noise, sight lines, and light   Maintain public safety (concern about crime)  In as much as development along Bethany Bend between Route 9 and Cogburn protected these  interests, such development would be viewed more favorably. We therefore used this list of  interests to help evaluate the options being presented.  Options for Consideration As requested, the property owners and the developer working with them presented three  options for consideration. In summary, the options consisting of either all residential (32 units)  or a mix of residential and office (15 residential units, plus 21,600 sq. ft. of office located on the  2 | Page    east end of the property or 35,200 sq. ft. of office located on the west end of the property).  Each of these options would require rezoning. These designs are attached.   Three additional ideas were presented by a community resident during the meeting. These  consisted of three uses that are currently allowed within AG‐1 zoning. They included a  landscaping and garden center, a large animal surgery center, and an equestrian center.  Discussion of Options Options Consistent with AG-1 Zoning In AG‐1 zones, gardening businesses are allowed, but can only sell wholesale or as part of a  landscaping business. In order to sell retail within an AG‐1 zone, the center needs to grow what  is being sold on‐site. Garden centers that sell to retail customers are located in commercial  zones.   Veterinarian services can be located in AG‐1 zoning, as can equestrian centers. Equestrian  centers in other neighborhoods have raised concerns about noise and odor.  These options were seen as keeping with the rural character of Milton. At the same time,  questions about the feasibility of these options were raised, both because of the likelihood that  someone would seek to develop these uses along Bethany Bend and because of the financial  feasibility of the uses.  Options Requiring Rezoning The following concerns were raised about the three options requiring rezoning.   The entrance onto Cogburn was undesirable because it would put traffic directly onto  this street, even with the right‐in and right‐out restriction. It was unclear, for the  designs presented, whether the Fire Department would require a second entrance other  than the one on Bethany Bend, or if that entrance would need to be on Cogburn.   The options would need either sewer or a waste water treatment package plant  because the densities exceed those that allow for septic systems. Of these, the sewer is  more reliable, but use of sewer on the north side of Bethany Bend could increase the  likelihood that neighbors north on Cogburn or west on Bethany Bend would push for  further extension of the sewer. Further discussion suggested that direct connection to  sewers on this site could be blocked if the part of the property was restricted from  having sewer access. This would need to extend from Bethany Bend near its intersection  with Cogburn,  along Cogburn, and along the boundary with the residential property to  the north. This could be done through covenants attached to the property, and would  require land uses that are compatible with unsewered land (either a park or residential  on a 1‐acre lot). Either of these solutions would also visually protect Cogburn’s  residential character.   Density was discussed. As designed, these options include 3.5 units per acre, which is  roughly five times the density of the Oakstone Glen subdivision to the north, which is  developed at 0.7 units per acre, and 3.5 times the density currently allowed for  residential development under AG‐1 zoning. While residents consistently thought the  3 | Page    density was too high, a range of opinions existed as to what would be considered  reasonable for this site. Options discussed by residents ranged from 9 units (as currently  allowed), double this, and as close to 18 as feasible.   The sidewalk and streetscape seemed reasonable, as it meets or exceeds city standards.   The price points of the proposed residential units was discussed. While the initial  estimate for the units is $400,000 for townhouses and $500,000 for homes, there was  concern that the market would not support such values and the possible implications for  the value of other properties in the area if these units sold for less.   After discussion about the relative merits of the mix between residential and office  development as presented in the three options, the all‐residential option was generally  preferred.  Next Steps Based on the previous discussion, the community residents requested a new option which met  the following conditions:  1. Legally protected from sewer access property along Bethany Bend near its intersection  with Cogburn, Cogburn Road, and the existing residential property along Cogburn to the  north (owned by Karen Asherbranner) and design this section to maintain the residential  and wooded character found along Cogburn  2. Decrease density on the property below 32 units, with some sense of being as close to  18 as is economically feasible (but without consensus on this).  3. Maintain sidewalks and streetscapes as shown in the 3 options presented (4’ landscape  strip, 10’ sidewalk, and 20’ landscaped buffer)   4. Maintain a 75’ buffer along the north edge of the property, landscaped to promote  understory and block sight lines   5. Clarify whether a road connecting to Cogburn is needed, and design based on the  minimum allowable impact (no road if not required, exit only if needed)  6. Design an all‐residential option.  The stakeholder group will meet in two weeks to discuss options further.    Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.   1 | Page    Rte. 9 Visioning Process Bethany Bend Area Stakeholder Group Meeting 3 August 21, 2013 Introductions Participants included: Kenneth and Maryanne Hayes, Jim Simpson, PB Nair, Dot Blair, Joe and  Barbara Schippert, Lawrence Gross, Elaine Decker, Patrick McAreavey, Lacy Kennedy, Patti and  Peter Fredlund, Meg and Sam Baird, and Lynn Lee. Attendees also included Curtis Hicks (developer),  Kathy Field, Michele McIntosh‐Ross, and Robyn MacDonald (City officials), and Shubhangi Jangam  (City intern). Facilitator: Michael Elliott.  Interests and Concerns Following discussion of the agenda, the facilitator reviewed the interests and concerns raised during  previous meetings of the stakeholder group, rewording them as principles for evaluating the degree  to which the new proposal for the Baird/Lee properties1 meets the interests and concerns  expressed by members of the Stakeholder Group. These principles are as follows:  1. Minimize traffic Impact  2. Promote pedestrian safety  3. Promote compatibility of land uses with residential neighbors  4. Design to aesthetic standards  5. Reduce likelihood that this development will encourage commercial, office or higher density  residential redevelopment north on Cogburn or west on Bethany Bend     a. Sewer     b. Precedent  6. Protect privacy of neighbors   a. Sight  b. Noise  7. Maintain public safety  8. Limit density for compatibility with neighbors  In as much as development along Bethany Bend between Route 9 and Cogburn meet these  principles, such development would be viewed favorably. The principles were discussed and  accepted.                                                            1 For clarity, the nine acre property that runs along Bethany Bend and Cogburn Road, which is jointly owned by  Sam and Meg Baird and Lester and Lynn Lee and which constitutes the land being considered by the Bethany Bend  Stakeholder Group and by the plans discussed during the meeting, will be referred to as the Baird/Lee properties.    2 | Page    Presentation of New Proposal Curtis Hicks presented the new proposal for the Baird/Lee properties. The site plan is attached as  Appendix 1.   The new option includes 28 single family residential homes with a detention pond near the  northeast edge of the property and a shared public space / park at the corner of Bethany Bend and  Cogburn.   The site includes a 75’ natural buffer along the northern edge of the property. The roadside edge of  the property along both Bethany Bend and Cogburn includes a 4’ landscape strip and 10’ sidewalk.  In addition, Bethany Bend includes a 20’ landscaped buffer and Cogburn Road includes a 50’  greenway buffer between the sidewalk and the proposed homes.  Using elevations from a comparable development (Crabapple Crossing, in downtown Crabapple  across from the Old Blind Dog Tavern, as shown in Appendix 2), Curtis described the concept plan as  follows. Houses are arrayed with their front doors facing towards Bethany Bend. Automobile entry  is back‐loaded from the interior street. Houses are 10’ apart from each other, with small individual  lots but large commonly held spaces, including parks and landscaped buffers. Houses are high‐end,  quality homes with a price range from the low to mid $400s2. Each is designed distinctly, varying the  exterior and interior designs and finishes. Houses would be approximately 3,000 to 3,200 square  feet and priced around $125 to $150 per square feet.   Parks could either be donated to the city or managed by the homeowners’ association. The park on  the corner of Bethany Bend and Cogburn would be open to the public. The HOA would manage the  buffers. A covenant would limit rentals to 10 percent of properties, which in this case would round  up to three properties.   Discussion of Proposal The proposal was examined in light of the principles presented above, as follows:  1. Minimize traffic Impact Residents are concerned about the increase in traffic along Bethany Bend and Cogburn. Traffic will  increase as Cambridge High School increases its enrollment through the junior and senior class  years and as King’s Ridge Christian School completes construction and occupies its high school.  Improvements along Bethany Bend are needed to manage this traffic.   City officials noted that currently the City has no plans to redesign Bethany Bend or Cogburn. Before  major changes were made, the Public Works Department would need to do a detailed study and  improvement plan.  The proposed development has been designed to minimize traffic impacts. An interior roadway will  remove local circulation from Bethany Bend. Entrance to the development will be from one point,  located directly across from Cambridge High’s entrance. A secondary entrance onto Cogburn that                                                            2 While some residents are concerned that this price range may not be achieved, the developer is confident that it  is realistic.    3 | Page    was included in previous designs has been eliminated.3  Details concerning the entrance design  from Bethany Bend will also be subject to Department of Public Works review.  There was some discussion about the traffic impacts of 28 houses connecting to Bethany Bend  through one point of entrance and egress relative to the impact of nine houses  egressing through  nine driveways along both Bethany Bend and Cogburn (as allowed by the current AG‐1 zoning). The  single point of entrance and egress has significant advantages that offset traffic generated by the  additional houses and overall this was seen as a reasonable way to manage traffic.   2. Promote pedestrian safety The property includes a 4’ landscape strip and 10’ sidewalk along both Bethany Bend and Cogburn  Road. This is consistent with previous designs, and would improve pedestrian safety along Bethany  Bend across from Cambridge High School and along a segment of Cogburn. There was some  discussion about how to extend sidewalks beyond the project, but this was seen as an issue  requiring city or school action, not developer action.  3. Promote compatibility of land uses with residential neighbors The land use proposed is now completely detached residential. It no longer contains institutional  (assisted living) or commercial/office uses as envisioned in previous proposals by the developer and  owners. The land use was seen as compatible (although questions of density were discussed further,  as shown below).4  4. Design to aesthetic standards There was widespread agreement amongst residents, the owners, and the developer that the  development should be of high quality, with each house offering a unique identity, designed and  built with a variety of materials (brick, granite, wood) to create varied exteriors and interiors. Two  sets of elevations were presented as examples of high quality development, the first by the  developer as shown in Appendix 2 and the second by one of the residents (Dot Blair) as shown in  Appendix 3.  As a corollary issue, city officials were asked how aesthetic standards would be incorporated into  any rezoning decision. Two options are possible: if the development occurs after adoption of Form‐ Based Codes for this area, then the Codes would include design standards that would apply to all  developments in the area, with specific provisions for the Baird/Lee properties. This, however,  would take six to eight months to complete. If the owners apply for a rezoning before the Codes are  completed, then the City would incorporate such standards into the rezoning, based on the plan  and examples being presented today. In either case, the development would be subject to review                                                            3 The specifics of the design will need to be reviewed by Milton’s Departments of Public Works and for  conformance to safety and access requirements.  Preliminary review has determined that access from Cogurn  Road will not be required. In a worst case scenario, if access via Cogburn Road should be needed, it will be a  controlled access, for emergency vehicles only.   4 A participant raised concerns that the report for Meeting 2 included comments made by City officials without  noting who made the comment. The comments concerned alternative development ideas that were consistent  with AG‐1 zoning. Since the report does not indicate who made the comment, it potentially suggests that it comes  from a community member and may therefore be misleading.    4 | Page    by the Design Review Board and the Department of Community Development with the assistance of  the City Architect.  5. Reduce likelihood that this development will encourage commercial, office or higher density residential redevelopment north on Cogburn or west on Bethany Bend It should be noted first that community residents were unanimously opposed to further  institutional, commercial/office, or higher density residential redevelopment north on Cogburn or  west on Bethany Bend from the proposed project. While there was willingness within the  Stakeholder Group to consider the unique characteristics of the proposed project as a transitional  area separating AG‐1 and single family residential zones from Route 9 development and Cambridge  High School, there was also a great deal of concern that any such consideration would later  encourage yet more redevelopment to the north and west, both by providing easier access to sewer  hookups and by setting a precedent for more growth. The project seeks to deal with these concerns  as follows:  First, the project seeks to limit the potential expansion of sewer from the project site to neighboring  properties by providing a physical and a legal barrier to such expansion. The sewer will be built as a  private (not public) sewer with 6‐inch pipes. This system will be sized for the 28 units but would be  too small to provide capacity for future expansion. In addition, a covenant will be created by the  property owners to prevent sewer from crossing the buffers along the northern and western edges  of the property.5  Second, the project was redesigned to minimize the development impact on Cogburn and on the  corner between Cogburn and Bethany Bend, such that the residential areas to the north along  Cogburn and west along Bethany Bend would not be visually impacted by the new development.  This is accomplished by creating a 50’ greenway buffer along Cogburn, plus a substantial park at the  corner of Bethany Bend and Cogburn.   While these changes reduce the potential for the Baird/Lee project to encourage further  redevelopment, they do not preclude it. Resident members of the stakeholder group remained  concerned that the City would in the future allow other property owners to the north and west to  rezone to higher density developments. Moreover, even if sewer could not be physically extended  from the site, the city could allow sewer extension along the street from existing sewers along  Route 9, Bethany Bend, and Cogburn. Dot Blair presented a Fulton County map showing sewer  extension to the east of Route 9 to Bethany Bend as an example of this concern (see Appendix 4).  City officials responded that Milton has been engaged since it became a city in a systematic effort to  preserve significant sections of Milton as AG‐1 and similar land uses while at the same time  concentrating higher density development to areas within growth areas. Per the Comprehensive  Plan, areas to the north and west of the properties under discussion will remain low density, as  currently zoned and without access to sewer, while the Baird/Lee properties have been envisioned  as transitional, consisting of land uses that will protect the adjacent residential properties while also  being compatible with the more dense commercial and institutional development found along                                                            5 As noted, such covenants can be broken by the use of eminent domain, but this could only be done by a  governmental entity such as the city. Also noted, sewer could be extended from Bethany Bend or Cogburn from  one of the existing sewer lines, and that this would not need to cross the project’s property.    5 | Page    Route 9 and across Bethany Bend (Cambridge High). While City Council has the legal authority to  change zoning and to request sewer extensions from Fulton County in the future, it would need to  alter the Comprehensive Plan to do so, and as indicated in the plan, it is Milton’s intention to limit  future land use of properties to the north and west of the Baird/Lee properties to low density  residential and agricultural uses.   6. Protect privacy of neighbors The proposed site plan includes a 75’ undisturbed natural buffer to protect the privacy of  residential neighbors to the north. The stakeholder group discussed whether fencing should be  added to this area and if so, what kind. The group concluded that the 75’ buffer should be left  largely undisturbed, but that a privacy fence should be incorporated into the design, approximately  25’ away from the north property line (to screen the fence from view)6. The fence should be built so  that it is opaque and at least 6’ tall. It should also be built through the woods in a way that protects  the woodland as best as possible and in particular protects taller specimen tress. Landscaping can  be added to the buffer located south of the fence, but taller trees should be preserved.  Two other issues were raised at this time. First, electric power to properties north along Cogburn (in  particular, the home of Dot Blair) pass through an easement located on the Baird/Lee properties.  The existing power line will need to be relocated, and both the developer and city officials  suggested that this could easily be done by rewiring the power line through an underground system.  The development will be putting its power lines underground.  Second, the details of stormwater runoff and the design and management of the master  stormwater management detention area need to be worked out. Currently, stormwater from the  northwest section of the site travels north onto neighboring properties, while the remainder of the  site slopes to the east and south. Stormwater regulations are such that stormwater from any  development will be captured and held onsite, to be slowly released into sewers. Thus, any offsite  flow of stormwater will be reduced by the development. Lacy Kennedy raised specific concerns  about the design and management of the detention area. The developer noted that the detention  area will be designed to be vegetated under dry conditions, and to provide for shallow storage  during wet conditions. City officials noted that the City has been promoting the use of shallow,  vegetated detention ponds that mimic natural systems more effectively rather than deeper  detention ponds that are unvegetated and require screening and fencing for safety. Details of the  detention area will be worked out with the City, but more details about this should also be provided  to immediate neighbors.   7. Maintain public safety The proposed development did not raise concerns about public safety.                                                             6 Following the meeting, the City Arborist clarified that fences are not permitted within an undisturbed or planted  buffer. One possible solution is to build an attractive privacy fence at the property line (or as near as needed to  avoid specimen trees). The applicant might also provide funding to adjacent property owners who could see the  fence to install additional plantings on their property to help screen the fence. Another possible solution is to turn  the 75’ buffer into a 50’ undisturbed buffer and a 25’ evergreen landscaped buffer designed to block sight lines,  and thereby eliminate the need for the fence. The details of this will need to be worked out amongst the parties.    6 | Page    8. Limit density for compatibility with neighbors While most of the concerns about the original development have been ameliorated with the new  design, residents remain concerned about the density of the development. There was considerable  discussion about this issue. The discussion is partially summarized in Section 5 above about whether  this development will encourage continued redevelopment north along Cogburn Road or west  along Bethany Bend. This is clearly of significant concern to all community residents on the  stakeholder group. As discussed above, the development was seen as being responsive to this  concern but that ultimately the City will need to ensure that Cogburn and Bethany Bend remain  low‐density residential and agricultural/equestrian. City officials again reiterated that the City has  sought and created policy to maintain 85% of land in AG‐1 zoning and to have responsible  development within clearly demarked areas, including the zone alongside and adjacent to Highway  9.  Within the development itself, community residents would like less density and more space  between houses. At the same time, discussion indicated that many of the more positive features of  the development (extensive buffers, interior road system, protection of Cogburn through buffers  and parks) were made possible by the density of the development, and that while a decrease in the  density by a few units would not substantially improve the community, it could make a significant  difference as to whether the project as a whole was economically viable.  Discussion then turned to whether the project as a whole was acceptable as presented and  discussed in today’s meeting.  Acceptability of Proposal After further discussion, all but two of the members of the stakeholder group who were present  agreed that this proposal was a significant improvement over initial proposals, that aside from the  density, it largely met community concerns, and that the proposed site plan and concept design  were therefore acceptable, subject to working out details around issues of utility easements and  the stormwater management system, as well as fleshing out the site plan and concept design in a  way consistent with the vision presented and discussed in the meeting. One person continued to  object because the density exceeded 18 units, while another indicated that she wanted to discuss  this with other residents who had not been members of the Stakeholder Group before indicating  approval.   It should be noted that the acceptance of the site and concept plan was not a vote of approval for  the final design, but rather an indication that the proposal is a reasonable basis for moving forward.  Details still need to be worked out. 7  The developer agreed to further detail out the home designs, landscaping, roadway, stormwater  management, and other aspects of the site plan in ways that are consistent with the site plan and                                                            7 A draft of this report was sent to all meeting participants for review. Four participants requested clarification that  the acceptance was conditional on the developer and city following through with solutions to problems raised and  detailing out a high‐quality design consistent with what was presented in concept. One participant indicated that  the community agreed only to continue negotiations with the developer with the aim of reaching an acceptable  compromise in the future. The “Acceptability of Proposal” section was edited to note these concerns, with more  details presented in the Comments section below.    7 | Page    concept design. The developer will, in particular, further detail the stormwater management  detention area to ensure that this design protects neighboring properties. These details will be  provided at the time of or before application to rezone.  Next Steps There are two possible paths forward. It will take another 6 to 8 months to adopt Form‐Based  Codes for this area. The vision as developed by the Bethany Bend Subarea Stakeholder Group will  now be incorporated by the full Route 9 North Stakeholder Group into overall plans and form‐based  codes for the area adjacent to Route 9 north of Bethany Bend. This will then be presented to the  community for their input. If the owners wait until the codes are finalized, the Form‐Based Codes  will create a specific zone for the Baird/Lee property and incorporate the features included in the  site plan and concept design, as discussed above. In addition, the Codes would preclude the use of  Transferable Development Rights to increase the density on the site.   The second option is for the owners to seek rezoning based on the existing zoning codes. If this  option is taken,8 the property would probably be rezoned to Townhouse Residential, with specific  conditions that require development to meet conditions set by the site plan and concept design as  presented today and attached, including design standards for the homes and landscaping. The  overall development design will be subject to review by the Design Review Board, Community  Development Department and the City Architect. Other city departments will make sure all the  impacts are taken care of before approving the plan. The rezoning proposal would be presented to  the community for their input. Any attempt to substantially change the plan and site design once  approved by City Council would require re‐approved by City Council and the same departments,  open once again to community input.   Technical and design issues of utility easements (to Dot Blair’s house) and stormwater drainage  were raised during the meeting, the resolution of which requires additional detailing by the  developer and owners. An additional meeting of those stakeholders interested in these issues will  be sponsored by the Department of Community Development staff before rezoning is finalized.                                                               8 Following the meeting summarized in this report, the owners have indicated that they will seek rezoning rather  than wait until adoption of the Form Based Codes. The developer will need to detail out the site plan and rezoning  would be conditioned on implementing the vision as articulated in today’s meeting, with additional details as  discussed above. The more fully developed plan will be subject to community input and city review.    8 | Page    Comments on Draft Report The draft of this report was sent to all participants in the meeting for their review and comment.  Eleven of the participants responded with comments as follows:   Three community residents and the developer indicated that they were fine with it as  written (E.g.: “We have read your meeting report and it appears you have captured correctly everything we discussed, so we are fine with it as is.” by a local resident.),    two city officials provided minor corrections to descriptions of city processes (e.g., which  city officials would be involve in the site plan review process),    four community residents requested clarification of the way the report indicated the degree  of acceptance of the proposed site and concept plan, with two of these also indicating that  while they agreed with the plan, it was based on many uncertainties and in any case they  could only speak for themselves and not for the residents who were not part of the  stakeholder process, and    one community resident had concerns about not only the section on the “Acceptability of  the Proposal” but also additional parts of the report.   Clarifications and corrections from these comments were integrated into the body of the report  where applicable. For additional clarity, the comments of the five residents who submitted  substantive remarks are presented below, excluding comments that were integrated into the text  above or that were not related to what was discussed during the meeting.  Comments about the Acceptability of the Proposed Site and Concept Plan 1. I have read your report and do not have any material objections to the report as written. However, I left the last meeting thinking that the developer was going to add more detail to the plan, answer the open questions about the utility lines to Dot's house, investigate the possibilities and potential topography issues regarding sewer prior to seeking rezoning. However, Footnote [8] reads as if they are moving forward with rezoning potentially without answering the open requests. I am not clear on the next steps. Will there be another meeting where we will get resolution on the open items? Then after said meeting, we will give our final approval or vote to disapprove? I also think the information in Footnote [6] is something that needs to be discussed with the group. I am not an adjacent landowner, but I think the those that are need to know how this changes the site plan and what had been discussed/promised. I remain skeptical that the plan is far too vague as it stands, and that once rezoning is approved the plan will change and we will once again be in a "you get what you get" position. I feel like "I have seen this movie before"; we agree to a plan and then the developer makes changes and anything and everything that we agreed to becomes irrelevant. In summary, I am fine with your report but I think it needs to more clearly state that the approval was contingent upon the open items. I am afraid the way it is currently written it could be construed that we accepted it without contingencies.   2. In looking back at the 8/21 meeting, I would say that [the facilitator] offered a round-table opportunity for opinions to be expressed. There was not an empirical yeah/nay vote. I think your [refering to an email from another resident] recollection of silence is correct also, certainly in the case of [my husband] and me, because of the implications of the proposed development. There were positive reactions to the new proposal and I would guess that these are the reason for [the facilitator’s] conclusion of acceptance. I think it is incorrect to say, however, that the stakeholders gave a rousing vote of approval.   9 | Page    Having reviewed the proposal, [my husband] and I both think that this is probably the most advantageous solution to the question of developing the nine acre parcel. In his discussion of the details, we felt that Curtis Hicks came across as a skilled and experienced developer and if he delivers the proposed design at the level of quality he promises, the results would be appropriate. There remain some pretty big "ifs" and, again, I think these are the reason for the thoughtful silence you observed:  If the correct solution for getting your property linked into the power supply is achieved  If a good plan for the drainage issues can be derived  If, and this is the most uncertain of all, the city can be trusted to live up to its good faith agreement regarding future zoning and development If these uncertainties can be resolved, we might actually see success. 3. I have to disagree with your characterization that "all but two of the members of the stakeholder group who were present agreed". While there were a handful of people who were in agreement, there were also quite a few people who were not committing one way or the other. Since there was no formal vote or even a show of hands, I'm not sure how you were able to arrive at that number. 4. I agreed with my husband that the plan was nice, but based on a lot of WHAT IFs. So coming to any final conclusions on my part at this time was based still on incomplete and less than factual information. 5. Since it is evident that there is not accurate documentation of each community members vote on this issue, I feel the statement [about the acceptability of the proposal] should not be included in the summation. It would be fair to state that the community members agreed to continue negotiations with the developer to reach and acceptable compromise. Comments about the Involvement of Other Stakeholders 1. I continued to express for the RECORD that it be made clear that MANY were missing that night and also many were not included in what has appeared to be a slanted proceedings. That I as well as the rest could only speak for ourselves and not the community (stakeholders-VOTERS) that were not there. So City Officials do not have a clear understanding on what the Community wants based on this report. 2. As my wife stated, there were a lot of homeowners in our neighborhood who were not offered the option of being a stakeholder and that's where this process becomes potentially a large mis-representation of opinion. I realize that this is an issue we have with the city and their stakeholder selection process, however it might be worthy of one of your footnotes. Comments about Other Aspects of the Report One participant raised additional concerns, some of which were incorporated into the text or are  presented in the comments above. Other comments are presented as follows:  1. With reference to electric power easements (second paragraph of Subsection 6, p. 5 above):  This is an accurate statement but it fails to identify the true complications that are presented by this utility easement in regards to provision of a buffer that meets required standards. During the meeting, we discussed the fact that an underground line could be utilized. The problem, however, arises in the fact that my house is serviced by an above ground power line on my property. The utility company would still have to have an easement, free of obstruction to service my power source with a utility truck. The fact that the line could be placed underground on the adjacent property would not eliminate the obstacle of the required buffer standards. A buffer is required in this area to obstruct a view from my property onto the highest density of the proposed site plan. The developer has committed to finding a solution to this problem and has been provided the name of the utility company in order to obtain approval of any designed solutions. Although this summation includes statements that reflect that this is an unresolved issue, it does not   10 | Page    describe the true complications of the provision of a utility and required buffer for my property. This fact needs to be included in the summation for an accurate picture of the complication. 2. With reference to stormwater management (third paragraph in Subsection 6, p. 5 above):  This section indicates that the developer will provide additional information regarding the detention pond. It was my understanding that a hydrology study would be done by the developer and this would not only provide details of the detention pond but also answer more clearly concerns related to runoff on the western portion of the proposed site plan. Approximately one third of the property at the western boarder slopes away from the proposed detention area located on the eastern portion of the site. This is shown on the topography map included in the summation. The community not only requested information regarding the detention pond but also desired clear solutions to the western stormwater runoff. Again this is noted as an unresolved issue, but the summation does not provide an accurate picture of the information the developer has committed to providing the community members. There is also a comment in the summation that suggests the developer is not committed to providing this information to the community prior to application (“These details will be provided at the time of or before application to rezone.”). The “details” being submitted at application and not being share with the community members prior to application was not discussed with the community members. The community was lead to believe that developer was trying to resolve these issues prior to application. Providing this information at application negates the process of negotiation that the community members and taxpayers have invested in regarding an amicable solution to the concerns related to this Special Interest Area. 3. With reference to the City Arborist’s information that fences cannot be located within  landscape buffers (Footnote 6, p. 5 above):  It is evident from our correspondence over the weekend that many details were worked out after the meeting with the community members. The fact that the promised fence is not an option and the fact that the developer has individually selected option 2 for zoning without the community's input or clarification is disturbing. Inclusion of these facts in the summation seems to suggest that the community members have agreed to these conditions. It is apparent that there are many unresolved concerns of the community members that still need to be addressed before application is made by this developer. This need for clarification has also been stated by other community members in the copies of reviews I have received. I, like [another resident], would like to know what the next step in this process will be. 4. With reference to concerns about density (Subsection 8, p.6 above):  [The facilitator’s] summation does accurately reflect that there were many concerns related to density by the community members. However, what he has failed to establish is the fact that the community members were lead to believe that there was room for negotiation after the second mediation meeting held on 7/10 reflected below. He also negated to express many of the concerns the community members had related to density. The community members were not allowed to discuss density until the very end of the meeting. Several attempts were made to address this element earlier in the meeting but all attempts were skillfully deferred by [the facilitator]. The community members clearly indicated that the proposed density was incompatible with the neighborhood that currently consist of homes on lots averaging greater than one acre per home. There were also concerns related to the spacing of homes which would be only 10 feet apart. One community member even expressed a concern related to the risk of fire with units being so close together. When attempts were made to negotiate density, the developer admitted that they never had any intentions of negotiating density beyond what they presented. (Note: the density stated on the site plan distributed was 30 units, a community member identified the miscount error which resulted in an actual count of 28 units). Mr. Hicks even noted that the community members were somehow misled by the associate that stood in for him during the second meeting about negotiating density. The community members were not only misled to believe that the developer was willing to negotiate density by this associate but also by the summation report given by [the facilitator] and the Stakeholders present as landowners of the lot who did not speak out during the second meeting to establish a density limit had been reached. All attempts to negotiate density were met with a resounding NO. Attempts were made to decrease the density by just a few homes, not the 18 units or nothing as [the facilitator] suggested. And the answer was still NO.   11 | Page    It should be noted, in addition to [the facilitator’s] comments, that the community attempted to negotiate density, and expressed specific concerns relating to an item that has consistently been noted as a priority concern for the community members though out this process. It should also be noted that all attempt to discuss this element earlier in the meeting were postponed until the very end of the meeting that adjourned at 10 pm. In conclusion, I would like to state that I am willing to continue to work with the developer on this project as a community member. The developer seemed to be willing to provide the information requested to the community at the last meeting and was willing to continue to work toward a common goal that would satisfy the developer and the community. This summation implies that the developer may not provide the requested information prior to application and that the community has agreed to this fact. This is not correct. The community members clearly expressed concerns that need further clarification prior to supporting this application and left the last meeting expecting these concerns to be addressed by the developer.        12 | Page    Appendix 1. The Proposed Site Plan (presented by Curtis Hicks, the developer)   MASTERSTORMWATERMANAGEMENTOPEN SPACE20 Front Setback20' Front landscape Strip40' Perimeter Setback30' Side Perimeter Setback OPEN SPACE1312111098765431220' Front landscape Strip20' Front landscape Strip20' PRIVATEALLEYWAY4' LANDSCAPESTRIP AND 10'SIDWALK4' LANDSCAPESTRIP AND 10'SIDWALKPARK AREA20' LANDSCAPE STRIP &SETBACK (VARIANCE ONSETBACK)RIGHT TURNLANE ONTOCOGBURNPOTENTIALEX. STREAMSHOWN ONENVIRONMENTALMAP40' Perimeter SetbackLIMITED ACCESS(RIGHT IN RIGHT OUT)10' Improvement Setback75' Buffer Against AG-1TRCASE #R212-17/VC12-08161718192021222324OPEN SPACEOPEN SPACE24' PRIVATEROADWAY10' Improvement Setback75' Buffer Against AG-1252629COURTYARDCOURTYARD24' PRIVATEROADWAY50' GREENWAY0Z2SITE PLAN-2REZONING15010050251" = 50'SHEET0SITE LOCATION MAP (NTS)SITEPROJECT CONTACTBRYAN FLINT @ 404-867-3572ARROWHEAD REAL ESTATE PARTNERS, LLCPHONE: 404-867-3572NORCROSS, GEORGIA 30092SUITE 150350 RESEARCH COURTFORA Master Planned Residential CommunityBethany Bend at Cogburn Road - Milton12164.00October 19, 2012SHEETSCALE:DATE:PROJECT:SHEET TITLEDESCRIPTIONNO.BYDATE"WE PROVIDE SOLUTIONS"Revised Residential / Access*1kw12-28-2012Revised Building Footprint*2kw1-22-2013Added park Space*3kw8-21-2013FEMA MAPSITETR-TOWNHOME DISTRICTPROPOSED ZONINGAG-1EXISTING ZONINGZONINGOVERALL TOTAL SITE AREA9.0911 ACRESSITE DATA:RESIDENTIALTOTAL SITE9.0911 ACRESUNIT SUMMARY:CITY OF MILTONZONING JURISDICTIONTRACT 1 (TR)30 UNITSTOTAL UNITSFRONTAGE LANDSCAPE ZONE20' MIN.SETBACK SUMMARYFRONT YARD SETBACK20' PERIMETERSIDE YARD SETBACK30' PERIMETERREAR YARD SETBACK40' PERIMETER3.29 UNITS/AC.TOTAL DENSITYTR - SINGLE FAMILY DETACHED SETBACKS:FRONT YARD SETBACK20' (INTERIOR)REAR YARD SETBACK20' (INTERIOR - FROM BACK OF CURB)MAJOR SIDE YARD SETBACK15' (INTERIOR - FROM BACK OF CURB)*SIDE YARD SETBACK5' (INTERIOR) - VARIANCE   13 | Page    Appendix 2. Elevations of Residential Development in Crabapple Crossing (presented by Curtis Hicks, the developer, to illustrate the proposed concept design, including  quality of the designs and materials)   r^ls W a - d � - cn a �a �.. o � x CD J 'I In ]� J H J oW oLn % Q V = Cr LL F Z m l'ti, ] J w Z LU a v j y F z W rFr_�_ll i !Y r � Q C a W 4 Q V N O Z N F iy 1. n �I• l it II I m M D J N LU � # W � e} Page is too large to OCR.   14 | Page    Appendix 3. Pictures of Craftsman Style Bungalows (presented by Dot Blair, a resident, to illustrate the quality of development desired)  Craftsman Style Bungalows Homes with Unique Personality         15 | Page    Appendix 4. Topography Map of Bethany Bend and Cogburn Road, Showing Sewer Extension to Bethany Bend East of Route 9. (presented by Dot Blair, a resident, to illustrate concerns about sewer extension)  0 100 200ft Bethany Bend Rd-Cogburn Rd Fulton County, Georgia 7-12-2013 Fulton County provides the data on this map for your personal use "as is". The data are not guaranteed to be accurate, correct, or complete. The feature locations depicted in these maps are approximate and are not necessarily accurate to surveying or engineering standards. Fulton County assumes no responsibility for losses resulting from the use these data, even if Fulton County is advised of the possibility of such losses. Thursday Sept. 19, 2013 Bethany Bend/Cogburn Technical Meeting. Kathy introduced the staff and the agenda Staff present: Kathy Field (Community Development Director), Robert Buscemi (City Architect), Robyn Macdonald (Principal Planner) and Michele McIntosh-Ross (Principal Planner). Carter Lucas (Public Works Director) would not be present until 8:00pm. Attendees: Sam Baird (Property Owner), Barbara Schippert, Peter and Patti Fredlund, Niraj Kumar, Lacy Kennedy, Patrick McAreaver, Dot Blair, Karen R. , Laura Bentley, Curtis Hicks (Developer), Lynn Lee (Property Owner) Agenda of issues to resolve: Utility service to Dot’s house Storm water management plan (reserved for when Carter Lucas arrives) Architectural styles and controls Buffer/Fence issues Enforcement option under the zoning code Questions/Comments There were immediate questions about the agenda: The sewer line issue was added to the agenda. Niraj wanted to note that he was not present at the previous meeting where the latest site plan was conceded. He is not settled with the notion that the parcels are in a transitional zone, and he also has reservations with the densities. He referenced the blog that he set up. Utility service to Dot’s house Curtis started with addressing the power line issue by explaining that rerouting power lines is dealt with all the time. The new development will be serviced via underground utilities. He will work with Sawnee Electric to put up a temporary pole to provide uninterrupted service to Dot Blair. Dot’s concern was about maintaining a buffer and utility easement for the trucks to service the power line and pole. Curtis committed to locate the power pole with an easement for service trucks to access the pole from his property, and it will be screened. Stormwater management plan Curtis informed that the requirement for stormwater management is that water run-off from the site post development must be 20% less than what is the current run-off. Curtis explained that the new design for detention ponds is a larger earthen natural looking shallow (3 feet deep) pond specifically designed to contain and clean the water before it goes to the streams. The old detention pond design i.e. the kind that exists in the Oakstone Glen subdivision is not acceptable for new construction per the new regulations. Carter added that the new rules promote pond designs that hold higher volumes of water over a longer period of time to prevent downstream erosion. It also detains all storm water in order to filter and improve the water quality of all water passing through its system unlike the old detention pond designs that only detained runoff from larger storms while letting smaller storm amount through unfiltered. The new design can be incorporated into the development as an aesthetic piece and the landscaping becomes part of the water quality. Trees can grow throughout the pond except for at the outlet control structure. Niraj requested that the pond be shifted to the right (east) so that it is not directly behind his house (as shown on the site plan), but directly behind the existing pond that is on his property east of his house. Curtis agreed to consider shifting the pond and will provide pictures of other water quality ponds to give the group an idea of what it would look like. Niraj expressed concern about water saturation on his property. Carter responded that any low points will encourage water towards it via gravity, if there are low point water may collect and be delayed as the natural percolation continues. This may also be due to a spring. The new development would not exacerbate that issue. Dot was concerned about the storm run-off that currently drains from the development site towards her property. Curtis assured that the development will be engineered to redirect that flow to the stormwater pond on the north east end of the development site. A full hydrology study will be done after zoning is awarded during the Land Disturbance Permit (LDP) process. Sewer Lines Curtis explained the idea of having a 6 inch sewer line internal to his development to try to prevent any other neighboring development from being able to tie into sewer via his 6 inch sewer line extension. The assumption is that Fulton County Water and Sewer would allow the use of a 6 inch pipe within the development; and that a 6 inch pipe would be a sufficient deterrent for other sewer taps through that line. Dot was concerned that the topography of the land was not properly considered in the plan for the sewer gravity flow, sighting that 1/3 of the property slopes away from the sewer connection point. Curtis explained that the engineering designs will allow the sewer to flow to the connection point regardless of its topography. Carter added that the pipes can be buried deep enough to make the flow happen. The other deterrent to additional sewer extensions through this development is the placement of a 130 foot wide Passive Greenway Park that will have deed restrictions preventing future sewer easements through the property. Buffer/Fence issues There will be no grading in the park area except for the construction of the sidewalk The 75 foot ‘undisturbed’ buffer will be disturbed to allow for the planting of understory trees and evergreen shrubs to increase the screening. A four board equestrian fence (8 feet max.) wrapped in hog wire will be placed on the property line not inside as previously discussed. Efforts will be made to keep the partial stone wall that exists along the property line, and work the fence around it. No significant trees will be removed in order to build the fence. Since the pond is situated within the 75 foot buffer the adjacent property owner is concerned that he will not have a buffer to the development. Carter explained that this section of the buffer will not be an undisturbed buffer, but that the pond will be screened with trees albeit different trees from the rest of the buffer. Transportation and traffic Carter explained that typically 12 foot deceleration lanes will be required at the entrance of the development. Acceleration lanes are not done anymore and will not be recommended. A traffic light is not planned. Laura wanted to learn how the Bethany Bend intersection improvement project may affect or be affected by the new development. Carter explained that a concept solution has not been determined yet and among the concept ideas, there are none that will impact or be impacted by this development. Architectural styles and controls and Enforcement options under the zoning code Kathy explained that the quality of the homes (assuring the higher price point) will be in the agreement of zoning. The city has architectural guidelines and a review process to make sure the guidelines are being followed. The architectural guidelines that are being followed in Crabapple have increased the price points for the homes. Bob explained that often the original developer set price is adjusted upward based on the positive market response to the show homes. The city requires minimum square footage for the homes and this development will have to adhere to each home being 2,800 – 3,400 square feet each. There are several review points to make sure that all of the conditions of zoning are followed through. Robyn explained the application for rezoning process. Questions/Comments Q: Will the homes be pre-sold or built on speculation? A: Some would be pre-sold and others will be built on speculation. Q: Where will the notation about the 6 inch sewer pipe be? A: This is Fulton County’s jurisdiction. This will not be in the conditions of zoning. But the idea is captured in the meeting notes. Q: How will the conservation area on Cogburn be recorded? A: The city can record a permanent conservation easement Q: Why is the zoning Townhome Residential (TR) being considered and the home will not be attached? TR sounds bad, it has a negative connotation with the neighbors A: This is the zoning category that allows for this product configuration. The city does not have as many zoning categories as some other jurisdictions. The City will look into the zoning category Neighborhood Unit Plan (NUP) to see if the proposed product could fit the category’s specifications without resulting in too many variances. Q: Will these 9 acres be officially removed from the Hwy 9 Visioning Study after this rezoning? A: No Q: Will these 9 acres be rezoned to Form Based Code along with the rest of the Hwy 9 area and be eligible for TDR? A: These 9 acres will not be eligible for TDR. This area as well and the other special area at 5 Acres will get its own T zone with a special set of conditions that will specifically disallow any TDR receiving. Q: Will there be restrictions of rentals? A: Yes, no more than 10% of homes can be rented at any one time will be in the HOA agreements as well as multiple family dwelling restrictions. Timeline October 1, 2013 - Application for rezoning is submitted October 29, 2013 – Community Zoning Information Meeting (CZIM), 7:00pm at City Hall November 5, 2013 – Design Review Board (DRB) Courtesy Review 6:00pm at City Hall November 20, 2013 – Planning Commission (PC), 7:00pm at City Hall Note: An undated traffic study will be submitted prior to the Planning Commission meeting for review by staff. December 16, 2013 – City Council meeting, 6:00pm at City Hall Approximately six weeks after the zoning decision, hydrology and other engineering will be done and submitted to the city for a Land Disturbance Permit (LDP). April 1, 2014 is the earliest time for land disturbance and construction to start. The first homes would be complete and ready for a Certificate of Occupancy (CO) by Spring of 2015. 1 | Page    Rte. 9 Visioning Process Five Acres Area Stakeholder Group Meeting May 22, 2013 Introductions Participants introduced themselves. Participants included: Dan Giglia, Judy and Brent  Sanderson, Julianne Hornsby, Elizabeth Yancey, Annette Donavan, Derek Bachan, Sharon and  Marissa Segler, Tony and Debbie Stewart, Ginger Smith, Billy Carman, Lynn, Mary Swanson,  Hamid Sadri, Alex Mehmandoost, Mark Blackwell. Facilitator: Michael Elliott.  Review of Visioning Process The history and current status of the visioning process was described as follows.   The initial design for the visioning process was to encompass the full length of Rte. 9 and its  proximate areas. The area considered in Phase 1, however, was limited to south of Bethany  Bend, in large part because the Atlanta Regional Commission provided for a Livable Centers  Initiative grant to cover the cost of planning, and LCI grants are generally provided to plan for  activity centers rather than for linear corridors (see Figure 1 below). The grant was issued in FY  2011 and the resulting plan (prepared by Urban Collage) was completed in April 2012 (Highway  9/GA 400 Area Master Plan). The plan is now being implemented.    1 LCI Boundaries for the Southern Section of Route 9  2 | Page    Following completion of the LCI planning process, the city’s Community Development  Department began a process of visioning focusing on the area to the north of Bethany Bend  (see figure 2 below). This process was modeled on the approach used in the LCI, with a  Stakeholder Group comprising of many of the same individuals who had constituted the LCI  Stakeholder group, with city planning staff managing the process. During the initial meetings of  the Stakeholder Group and the corresponding public meetings, it became clear that two  sections of the Rte. 9 North area were of particular concern to residents of the nearby  community. One of these was the section near Five Acres. The city therefore invited residents  of the area to form a stakeholder group for more detailed discussions about this area. A  facilitator was hired to work with members of the group to develop a vision acceptable to the  various parties. The facilitator interviewed the participants before meeting. Tonight’s meeting  was the first one of the group meetings.    2 Planning Area for the North Section of Rte. 9   Envisioning the Future of Rte. 9 Near Five Acres The remainder of the meeting focused on issues associated with the future of Rte. 9 near Five  Acres. Based on interviews conducted by the facilitator, a list of concerns, issues and interests  was posted for consideration. These included  1) Interests:  a) Traffic and safety along Rte. 9 (street is busy, and egress onto the highway is difficult  and dangerous)  3 | Page    b) Character of the area (existing residents seek to maintain the forested/residential  character of the land around them, in order to maintain privacy, to keep noise and lights  from intruding onto their land, and for aesthetic reasons related to the look and feel of  the community; this also includes the look and feel of Five Acres Road as an entrance  into a residential subdivision)  c) Property values (of interest to both the residents of the area concerning home values  and the owners of property adjacent to Rte. 9.)  d) School bus access and safety  e) Ensuring that any agreement that is reached is binding  f) Maintaining the character of Milton  2) Other Concerns and Issues:  a) The potential for redevelopment, both under existing zoning and with potential changes  b) Best ways to manage change/growth responsibly  c) The extent of legal rights held by the various property owners and their implications  d) How the history of this area over the past 20 years affects concerns of current residents  and owners.  Several of these issues were discussed in more detail. In particular:  1) What types of development are appropriate on Rte. 9? Current residents generally  preferred that Rte. 9 remain agricultural or residential, in keeping with the the subdivisions  located in this section of the highway. There was also a recognition that Rte. 9 has already  changed in ways that makes residential uses right on the highway less desirable, given that  it is an increasingly heavily trafficked highway.   2) There was general agreement that neither the intensive development found in Crabapple  nor strip shopping centers are appropriate for this section of Rte. 9, because of the  aesthetics, density and scale of such developments and because of their impact on traffic.   3) Commercial and office buildings, if they were appropriately designed to fit into the  residential character of the community in terms of scale, building materials, design, buffers,  and landscaping, might be an appropriate use, but this requires further consideration.  4) Entrances to existing subdivisions are especially important. In particular, the entrance to  Five Acres Subdivision is along Five Acres Road. The character of the road at its entrance  sets the look and feel for the entire subdivision, and needs to be appropriately designed for  residential use.  5) Traffic is of significant concern, especially since this section of Rte. 9 is on a curve. Entering  traffic is already problematic and a safety concern. The impact and timing of changes being  considered by the Georgia Department of Transportation was seen as important, but  unpredictable. It was unclear how, or if, the city could act to make the situation better on  their own.  4 | Page    6) Issues of trust and the predicatability of future change were discussed in various ways.  Historically, these issues were discussed in light of whether or not the Five Acres subdivision  had covenants and how that might affect use of the four 2‐acre parcels located on Rte. 9,  the aborted effort by Fulton County to locate a landfill on what is now the Crooked Creek  subdivision, the manner in which the Outrageous Bargains store was approved, and the  permanency of the existing zoning and whether it should change as conditions in the  community change. In general, many of the residents had lived in their homes for 10 to 30  years, and the overall growth in the area has significantly altered the character of the  community. It is no longer rural.   More immediately, issues of trust and predicatability was discussed in light of current  disagreements about how the land fronting Rte. 9 should be used, and differences in  perception as to whether any of the property owners on Rte. 9 had verbally committed to  using the property for residential purposes. These issues were clearly strongly felt by the  participants, in various ways. While perceptions of these events varied, participants came to  the conclusion that the process of visioning and planning for the area could best be done by  focusing on the practical problems of future development and change in a respectful and  pragmatic manner, and that if the participants can jointly agree to a mutually acceptable  pattern of land use, design and development, that any agreements reached will need to  have assurances as to how they will be implemented, such that implementation leads to  predictable results.  Questions of Fact Several questions of fact came up during the discussion. These should be clarified before the  next meeting. These include:  1) Legal Framework  a) What is the zoning of the 4 2‐acre Five Acre Subdivision parcels (R2 or AG1) and of the  adjacent parcels?   b) Does the Five Acres Subdivision have covenants and, if so, are they currently  enforcable?  c) Does the city currently have codes that govern the character of commercial properties  and, if so, what are they?  2) Rte. 9  a) Has a traffic safety study been conducted for this section of Rte. 9 and, if so, is it  available?   b) What is the current status of the GA Department of Transportation’s review of Rte. 9?  3) B & B Tool Company is a manufacturing use first established in the 1970s. It seems as  though the zoning has changed since B & B was established. What is the zoning? If it has  been changed, what rights to conduct business are grandfathered in? In particular, if Rte. 9  is widened and the building needs to be changed, is that possible?   5 | Page    Next Steps Participants agreed to meet again to focus on possible options for future development that  would meet the interests of the various stakeholders in the group. Between now and the next  meeting, the facilitator will work with Derek Bachan and Tony Stewart (residents) and the  various Rte. 9 property owners to develop a few options for consideration. The objective is to  develop options that meet the interests of the various stakeholders as outlined above.   1 | Page    Rte. 9 Visioning Process Five Acres Area Stakeholder Group Meeting 2 June 25, 2013 Introductions Participants introduced themselves. Participants included: Mark and Neil Blackwell, Zach Hines,  Billy Carman, Sharon Segler, Janet, Elizabeth Yancey, Mary Swanson, John, Will King, Tony and  Debbie Stewart, Marilyn, Ginger Smith, Hamid Sadri, Brad, Judy and Brent Sanderson, Derek  Bachan, Alex Mehmandoost, Michele McIntosh‐Ross, and Kathy Field. Facilitator: Michael Elliott.  Interests and Concerns of Stakeholders Concerning Rte. 9 Near Five Acres Concerns, issues and interests discussed in the first meeting were reviewed as a basis for  developing and discussing alternatives.These included  1) Traffic and safety along Rte. 9 (street is busy, and egress onto the highway is difficult and  dangerous)  2) Character of the area (existing residents seek to maintain the forested/residential character  of the land around them, in order to maintain privacy, to keep noise and lights from  intruding onto their land, and for aesthetic reasons related to the look and feel of the  community; this also includes the look and feel of Five Acres Road as an entrance into a  residential subdivision)  3) Property values (of interest to both the residents of the area concerning home values and  the owners of property adjacent to Rte. 9.)  4) School bus access and safety  5) Ensuring that any agreement that is reached is binding  6) Maintaining the character of Milton  7) The potential for redevelopment, both under existing zoning and with potential changes  8) Best ways to manage change/growth responsibly  Options The meeting participants discussed a series of options associated with redevelopment along  Route 9. These included:  1) Entrance to properties located on Route 9  a) Entrance and egress to lots will be from Rte. 9  2 | Page    b) Entrances to Rte 9 will be shared between adjoining property owners whenever feasible.  In the case of the two pairs of properties on either side of Five Acres Road, each pair will  share a single entrance/egress.  2) The character of Five Acres Road   a) Five Acres Road will be designed for its role as the entrance to Five Acres Subdivision.  b) No property other than single family housing will have an entrance onto Five Acres Road  c) A landscaped buffer will be maintained to block views of the redeveloped properties  from Five Acres Road.   d) We discussed whether the 18‐feet right‐of‐way along Five Acres Road could be planted  (after the meeting, a check with city officials indicated that the ROW cannot be planted).  e) The width of the buffer and its landscaping was discussed, without agreement as to  what is appropriate. Options ranged from 12 feet (which assumed that at least part of  the ROW could be planted) to 50 feet (which assumed that the forest cover would be  left as is). The city arborist will be contacted for further ideas.  f) An entrance to the subdivision at the start of Five Acres Road will be designed and  constructed. A simple design was discussed, using horse fencing similar to the one in  front of the Sanderson’s home and a wooden entrance sign (a picture was passed  around). The sign will be located near the entrance to the road from Rte 9. Alex  volunteered to build this.  3) Buffers between lots located on Route 9 and their residential neighbors  a) Redeveloped properties will maintain a 50’ buffer along their property lines with  residentially zoned neighbors.   b) The buffer will be primarily undisturbed forest, with more dense vegetation and/or  fencing along the interior edge of the buffer if the natural vegetation is insufficient to  block sightlines to the redevelopment from existing residential properties.  4) Density and scale of buildings  a) Development will be capped at 10,000 square feet per acre of land  b) Buildings will be one or two stories tall.   5) Appearance of buildings   a) Buildings will be designed to fit well with the residential character of the area.   b) Design elements such as peaked roofs, massing, windows, doors, and building materials  will be used to enhance building styles appropriate to the area.  c) These elements will be incorporated into form‐based codes.   6) Management of building accessories  a) Detention ponds (if used) and dumpsters will be hidden from view.  b) Landscaping elements will be included around parking lots and buildings  3 | Page    7) Permitted uses:  a) Residential  i) Single family  ii) Duplex  iii) Cluster housing  iv) Townhomes  b) Office  c) Live/work    d) Retail; bank  e) Gyms  f) Assisted living  8) Disallowed uses:  a) Automobile services, including gas stations  b) Hotels  c) Kennels  d) Convenience stores  e) Traditional shopping centers  f) Drive through restaurants   g) Nursing homes and hospitals  9) Two classes of uses continue to be of concern largely because of their potential to create  noise that will affect neighbors  a) Restaurants, especially ones that allow for outdoor seating   b) Day care and schools because they require outdoor recreation and playgrounds  Next Steps The facilitator will work with city officials, including the City Arborist, Public Works, etc., to  resolve some of the remaining issues. The next meeting will focus on resolving these final issues  and clarifying implementation.    1 | Page    Rte. 9 Visioning Process Five Acres Area Stakeholder Group Meeting 3 July 17, 2013 Introductions Participants introduced themselves. Participants included: Hamid Sadri, Judy and Brent  Sanderson, Billy Carman, Elizabeth Yancey, Janet Bryant, Ginger Smith, Tony and Debbie  Stewart, Mary Swanson, Derek Bachan, Kari Hines, Marilyn Phillips, Scott Hornsby, Julianne  Hornsby, and Alex Mehmandoost. City officials included: Michele McIntosh‐Ross and Kathy  Field. Facilitator: Michael Elliott.  Options and Their Implementation The meeting participants discussed a series of options associated with redevelopment along  Route 9, as generated from the second meeting. Approaches to implementing these options  were also discussed.  The results of these discussions are as follows:  First, as illustrated in Figure 1 below, buffers and entrance/egress requirements will be used to  protect residential properties from sightlines and noise associated with new, nonresidential  development.        2 | Page      Figure 1. Site plan of  properties located  within Five Acres  Subdivision and along  Rte. 9, showing  buffers, landscaping,  entrances, fencing,  and entrance  sign/monument  location.         3 | Page    Figure 1 shows the following:  1) Entrance/egress to properties located on Route 9 will be from Rte. 9 for any use  other than residential.  2) Entrances to Rte 9 will be shared between adjoining property owners whenever  feasible. In particular, given their relatively small acreage, each of the two pairs of  properties on either side of Five Acres Road will share a single entrance/egress.  3) Five Acres Road will be designed for its role as the entrance to Five Acres Subdivision.  a) No property other than single family housing will have an entrance onto Five  Acres Road  b) A landscaped buffer will be maintained to block views of the redeveloped  properties from Five Acres Road. A 20’ landscape strip will be planted with  dense plantings, including evergreens, so that commercial properties are not  visible from Five Acres Road. Landscaping buffer standards will be included  as part of the zone, w/evergreens spaced to block views in all four seasons  and deciduous trees included for aesthetics. Existing trees within the buffer  will need to be removed in order to enable this more densely planted  landscape. These are illustrated in Figures 2, 3 and 4 below.    Figure 2. Example of dense landscaping.    4 | Page      Figure 3. Second example of dense landscaping.      Figure 4. Picture of dense landscaping, screening a residential street  (shown) from commercial properties.  c) The landscaped buffer along Five Acres Road will be fronted by horse fencing  similar to the one in front of the Sanderson’s home and used throughout  Milton.  4) Natural landscaped buffers will be preserved between lots located on Route 9 and  their residential neighbors    5 | Page    a) The buffer will be primarily undisturbed forest, with more dense vegetation  and/or fencing along the interior edge of the buffer if the natural vegetation  is insufficient to block sightlines to the redevelopment from existing  residential properties. Any disturbance will be to landscape standards set by  the city.  b) Redeveloped properties of less than 4 acres will maintain a 50’ buffer along  their property lines with residentially zoned neighbors. Properties of 4 or  more acres will maintain a 75’ buffer.   c) A 10’ improvement setback from the buffer will be maintained to protect the  root system of trees.   All of the elements presented in 1 through 4 above will be implemented through form‐ based code, with agreement from Department of Public Works for design of entrances to  roads.   5) An entrance to the subdivision at the start of Five Acres Road will be designed and  constructed. An entrance sign/monument will be located near the south corner of  Five Acres Road and Rte 9 (as shown on Figure 1). The entrance will be built by  mutual agreement between the residents of Five Acres Subdivision and Alex  Mehmandoost (owner of the parcel on the south corner of Five Acres Road and  Route 9). Residents will raise funds to build the entrance sign/monument, as  illustrated in figure 5 below. Simpler designs had previously been discussed and  pictures of potential designs were passed around at the meeting (see Figure 6).1  The subdivision will pay for the construction of the sign/monument. Alex will donate  an easement for building the sign/monument within the 20’ landscape buffer (again,  as shown in Figure 1). Construction of the sign/monument will occur at the time of  installation of the landscape buffer or earlier if mutually agreed upon.   The details of the sign/monument and the easement will be worked out between  Alex and the subdivision residents                                                          1 Note, the Department of Community Development looked further into Milton ordinances concerning signs and  monuments following the meeting. Per Milton sign ordinances, the Five Acre Subdivision entrance sign/monument  cannot exceed 32 square feet with a maximum height of 6 feet, with the base of the sign being the same width as  the rest of the sign. Also, it will need to be installed prior to the Form Based Code being adopted so that it will be a  grandfathered non‐conforming use. The simpler signs conform to form based codes and therefore could be  constructed at any time.    6 | Page      Figure 5. Examples of subdivision entrance monument.              Figure 6. Examples of subdivision entrance signs.  .    7 | Page    6) Development will be capped at 10,000 square feet per gross acre of land.  7) Buildings will be designed to fit well with the residential character of the area.   a) Buildings will be one or two stories tall.   b) Design elements such as peaked roofs, massing, windows, doors, and  building materials will be used to enhance building styles appropriate to the  area.  c) Underground detention of stormwater is stongly preferred to surface  detention pond. Ponds (if used) will be screened from view.  d) Dumpsters and other accessory features will be hidden from view.  e) Landscaping elements will be included around parking lots and buildings.  Elements presented in 6 and 7 above will be incorporated into form‐based codes. In  addition, site and building designs for commercial or multifamily redevelopments will be  reviewed by the Design Review Board for consistency with code standards. The design  review process is open to public comment. The standards that will be applied to this area  will be consistent with the Deerfield codes previously developed by the city (see attached  for a summary of the codes).  8) For the four parcels located in the Five Acres Subdivision, permitted uses will  include:   a) Residential   i) Single family   ii) Duplex   iii) Cluster housing   iv) Townhomes   b) Office   c) Live/work     d) Retail, including banking   e) Gyms   f) Assisted living  g) Restaurants without outdoor seating  9) All other uses are excluded. These exclusions include:   a) Automobile services, including gas stations   b) Hotels   c) Kennels   d) Convenience stores   e) Traditional shopping centers (disallowed because traditional shopping  centers do not conform to form based design standards)  f) Drive through restaurants     g) Nursing homes and hospitals    8 | Page    h) Day care and schools (since they require outdoor play areas that are noisy)  for parcels   10) The treatment of restaurants with outdoor seating remains unclear. Several options  were discussed, including  a) Limiting outdoor seating to a small (10% of building square feet) area,  b) Limiting outdoor seating to the front (facing Route 9) of the building only,  c) Setting a minimum distance  from the nearest residential building,   d) Requiring that the seating be on the opposite side of the building from the  nearest residence if within the minmum distance, and/or  e) Preventing live music from being played outdoors (possibly through liquor  licence provisions)2.  The city will look into this further and try to develop a way to simultaneously manage noise  while allowing for some outdoor seating3.  Next Steps No more meetings are planned for the Five Acres Subarea Visioning Process. Once a similar  process being held for the Bethany Bend Subarea is completed, the results of both subarea  processes will be integrated into the Route 9 Corridor Visioning Process, which includes the  entire planning area north of Bethany Bend (see Figure 7).    Figure 7. Route 9 Visioning Process Boundaries                                                          2 The City has determined that the liquor license cannot be used to limit live music.  3 The recommended solution (developed by the Department of Community Development) is to limit outdoor  seating to 10% of the building’s area, to be located to the front (facing Route 9) or side of the building only and  being a minimum distance of 200 feet from any single family residential structure.    9 | Page    The final vision developed by the Route 9 Corridor Visioning Process will incorporate the two  subarea visions and be made part of the final draft plan for the corridor. This plan will then be  presented to the community for their input. The resultant report will be published, and then  reviewed by Milton’s Planning Commission and City Council. Following approval of the vision  and plan by the Commission and Council, the Department of Community Development will  develop the form based zoning code needed to implement the vision and plan. The ordinance  will include special chapters for special use areas. The form based code will then go through the  same review and approval process as the Vision and Plan. The current timetable is for the plan  to be completed this fall, with the zoning ordinance being completed by spring.  Attachments Attached are copies of    the Deerfield Form‐Based Code Architectural Requirements which will serve as the basis  for requirements for this section of Route 9 and   the City of Milton’s form based code sign standards.   DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 24 4.16 ARCHITECTURAL STANDARDS 4.16.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the City Architect. 4.16.2 Architectural treatment shall continue on all sides of a building except as specifically noted otherwise. 4.16.3 General to all buildings – Facade composition a. The Principal Entrance of a building shall be articulated and expressed in greater architectural detail than other buildings entrances. b. Windows shall be vertically shaped with a height greater than their width. c. Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public Thoroughfare, Civic Space, or Open Parking. d. Exposed neon lighting outlining and detailing building features is prohibited. e. Exposed ductwork, pipes, conduit or other similar items are prohibited unless otherwise approved by Warrant. 4.16.4 Specific to Commercial, Mixed-Use, and Apartment buildings – Façade composition a. Facades shall incorporate windows and doors as follows: i. Windows and doors shall be provided for at least 25% of the total Facade area, with each floor calculated independently. The maximum contiguous area without windows or doors on any floor shall not exceed 10 feet in height or 20 feet in length. ii. The above requirement may be reduced by Warrant where a Facade is not visible from a public Thoroughfare, Civic Space, or Open Parking, provided that said Façade shall incorporate a decorative pattern with varied materials and textures in lieu of windows or doors. For the purpose of satisfying this requirement, control and expansion joints shall not constitute a decorative pattern with varied materials and textures. b. Facade articulation i. Facades over 50 feet in length shall incorporate wall projections or recesses a minimum of 12 inches in depth. The combined length of said recesses and projections shall constitute at least 20% of the total Facade length. ii. Facades over 200 feet in length shall incorporate a major articulation at least every 200 feet of Façade length. Said major articulation shall occur for a minimum length of 20 feet and shall be accomplished through: a. A change of façade material from grade to the roof, or b. A change in façade composition from grade to the roof, or c. Changes in storefront systems, Private Frontages, varying setbacks, or similar means intended to convey the impression of separate buildings. iii. Building stories shall not appear as single horizontal window bands separated by non-glass spandrels of equal or greater height than the windows. c. Additional Enfronting Facade requirements i. Enfronting Facades shall be articulated and designed to create additional visual interest by varying architectural details, building materials, the roof line, and building offsets. ii. On corner lots the architectural treatment of a building’s intersecting Enfronting Facades shall be substantially similar, except that said building shall emphasize the corner location by placing the Principal Entrance at the corner, incorporating additional height at the corner, varying the roof form DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 25 at the corner, or providing other architectural embellishments at the corner. iii. First Story Facades of all buildings shall incorporate columns, awnings, arcades, porches, stoops, windows, doors, or other architectural elements as established by Private Frontage in Table 8. iv. Facades shall provide visual divisions between the first and second stories through architectural means such as courses, awnings, or a change in primary façade materials or colors. v. Facades above the first Story shall incorporate windows, arches, balconies, or other architectural details. vi. Buildings taller than two stories shall have two- or three-part Facades. Horizontal zones in the Facade may be differentiated by a change in materials, color, window pattern, or window material, or by a cornice or course. vii. A two-part façade shall consist of: a Base zone (first Story) b. Shaft zone (all other stories) viii. A three-part façade shall consist of: a. Base zone (first Stories) b. Shaft zone (middle Stories) c. Cap zone (upper Stories or cornice) d. Additional Non-Enfronting Facade requirements. i. First Story Facades of all buildings shall comply with the requirements set forth for Enfronting First Story Facades or may also provide panels, murals, and similar architectural details. ii. Facades above the first of all buildings shall incorporate windows, arches balconies, or other architectural details. 4.16.5 Specific to Commercial, Mixed-Use, and Apartment buildings - Facade materials a. No more than three different materials, textures, colors, or combinations thereof may be used on a single building. This requirement shall no include materials used on windows, doors, porches, balconies, foundations, awnings, architectural details, or those required by Warrant in lieu of windows and doors as set forth in Section 4.16.4(a)(ii). b. Materials may be combined only horizontally, with the heavier below the lighter. c. Vinyl or aluminum siding, synthetic stone, exposed standard concrete masonry unit (CMU) block, corrugated steel, prefabricated metal, exposed plywood, and exposed pressboard are prohibited. d. Exterior materials of buildings along Morris Road, Webb Road, and Deerfield Parkway shall be limited to brick, stone, pre-cast concrete, wood, glass, or granite. e. Exterior materials of buildings not along Morris Road, Webb Road, and Deerfield Parkway shall be limited as follows. Vertical wall planes shall consist of a minimum of 60% of brick or natural stone, and a maximum of 40% tile, non-reflective glass, natural stone with weathered, polished or fluted face, hard coat stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or fiber cement siding. f. Accessory Structures shall be consistent with the Principal Building in material, texture, and color. g. Enfronting first Story windows and door glass shall be clear or tinted. Tinted glass shall have a transmittance factor of 50% or greater and shall have a visible light reflectance factor of ten or less. h. All window frames shall be recessed a minimum of 2 inches from the exterior Facade. DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 26 i. Foundations, where provided, shall be constructed as a distinct building element that contrasts with Façade materials. Exposed above-ground foundations shall be coated or faced in cement, stucco, brick, manufactured stone, or natural stone to contrast with façade materials. 4.16.6 Specific to Commercial, Mixed-Use, and Apartment buildings – colors Permitted colors for exterior walls, building components, accent and decorative elements shall be as follows. Numbers refer to the Pantone Matching System, an international colormatching system a. White b. Black c. Browns, beiges and tans i. 462C - 468C ii. 4625C - 4685C iii. 469C, 474C, 475C iv. 4695C - 4755C v. 478C vi. 719C - 724C vii. 725C - 731C viii. 476U - 482U ix. 719U - 725U x. 726U - 732U e. Reds i. 483C, 484C ii. 7411C - 7414C iii. 7515C - 7519C iv. 7522C - 7526C f. Grays i. 400C - 432C g. Greens i. 553C - 554C ii. 560C - 561C iii. 614C - 616C iv. 3302C - 3305C v. 3295C, 342C, 343C, 3435C, 356C, 357C vi. 5467C - 5527C vii. 3305U, 3308U, 335U viii. 336U, 341U - 343U 4.16.7 Specific to Commercial, Mixed-Use, and Apartment buildings – roofs a. Specific to zones T2, T3, T4 i. Flat roofs shall be screened from the view of public and private streets by a parapet. ii. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature. iii. Roof-mounted mechanical equipment, vents and stacks shall be screened from view from all sides. iv. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 27 standing seam metal, and wood shake. v. Townhouse and duplex building rooflines shall exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines shall be varied. Mansard roofs are not permitted. vi. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described in Section 4.16.5. b. Specific to zones T5, T6 i. Any appurtenances that must be roof-mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height. ii. All rooftop appurtenances shall be painted to be compatible with the building architecture. iii. Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Said elements shall also be screened from view from all sides. iv. Roofing material and color shall be compatible with building and surroundings. 4.16.8 Specific to Townhouses a. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. b. No more than three adjacent Townhouse units shall have identical Facades. Differentiation between adjacent Facades may be accomplished by a change in materials, building height, color, roof form or setbacks, provided that the appearance of a separate building is achieved. c. Townhouses located in any T-Zone shall comply with the Facade standards set forth in Section 4.16.5 for Commercial, Mixed-Use, and Apartment buildings or Section 4.16.9(b) for Single-Family houses. 4.16.9 Specific to Single-Family Houses a. Single-family houses located in Zone T5 or T6 may comply with the standards set forth below or those set forth in Sections 4.16.4 through 4.16.7 for Commercial, Mixed-Use, and Apartments buildings. b. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. c. Materials i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on exterior walls only horizontally, with the heavier below the lighter. iii. Exterior material shall be limited to brick, natural stone with or without mortar, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding and synthetic stone veneer are prohibited. v. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed where possible. vi. Clapboards and board and battens shall be wood or cementitious board. Cementitious board less than five-eighths of an inch thick shall have a 4 inch maximum exposure, while cementitious board DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 28 thicker than five-eighths or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. vii. Wood shingles shall be level at the bottom edge. d. Foundations i. Foundations shall be constructed as a distinct building element that contrasts with Façade materials. ii. Foundations shall be constructed of poured concrete or concrete masonry units. iii. Foundations may be finished with smooth stucco, brick, or stone. e. Windows i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass surface to sash and muntin face shall be a minimum of three-quarter of an inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished. iii. Doors and windows that operate as sliders are prohibited along Frontages. f. Chimneys i. Chimney stacks shall be faced in smooth integral finish stucco or, brick, stone, or detailed as exposed metal flues. ii. Siding or stucco board is prohibited as a finish material for chimneys. g. Stoops and porches i. A stoop or porch shall be provided along the Principal Frontage. ii. No stoop or porch along any Frontage shall be enclosed with screen wire, plastic, glass, mesh, or similar materials. iii. All porch and stoop steps along any Frontage shall have enclosed risers. iv. Porch and stoop columns shall have a minimum width of 8 inches. h. Roofs i. Flat roofs are prohibited. ii. Roofs shall have a pitch of between 5:12 and 12:12. This does not apply to dormers, porches, or porches. iii. Roofs shall include eaves projecting between 12 and thirty 36 inches. NOT FOR PRODUCTION OR MI MATING 1 V-0" 1132") FENCE OVERALL LENGTH O � O O SIGNS WWW.RCSIGNS.COM O n W 3W= 1'-0" SECTION A / FENCE � 4'-3.194" (S 1.194") COPY MATERIALS: I "x b" ROUGH SAWN CEDAR PLANKS, 3,Smx 3.5k ROUGH SAWN CEDAR POSTS W/ EXPOSED T H R U BOLTS FINIS14, (WOOD) GLEAM SATIN FINISH. CLEAR STAIN OR OIL, (BOLTS) SATIN BLACK SECTION R 1 LOGO PANEL SUBSTRATE: HDU, ROUTED (OUTER FD E BEVELED W! RAISED INTERIOR PANEL, GOLD UNSET BORDER AND HORSE ARE PAIS ED. THE RE- AINDER IS ROUTED OUT +i THICKNESS: 1.5" BACKER PAN EL- 0.125" ALUMINUM FINISHES: SATIN BLACK MP20505 COPPER METALLIC, SATIN — MOUNTING: BOLTS THRU FENCE INTO BACK CSF PANEL ^'I SECTION C { COPT - SUBSTRATE: ALUMINUM THICKNESS: 0.25' FINISH: (COPY & FASTEkNERS) MP20SOS COPIER h1ETALUC. SATIN _ f40U14TING: FASTENERSTHRU ALUhiIhILlM PANEL INTO FENCE PLANK SCOPE OF WORK- FABRICATE & INSTALL (1 ) ONE SF NON ILLUMINATED FREESTANDING WELCOME SIGN 915 BRANCH DRIVE ALPHARETTA, GA 30004 PHONE: 770.569.5454 FAX: 770.569.5456 Notice to the Customer Note: The colors depicted on this rendering may not match actual colors used on the finished display. Please refer to the detail drawing for the approved color specifications. Note: The cost of providing electrical wiring to the sign area, all required permits and all special inspections are not included in this sign proposal. Note: The proportion of signs shown on building and landscape area photos is an approximate representation. This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property © COPYRIGHT 201 I of RC Signs. Permission to copy or revise this drawing can only be obtained through a written agreement with RC Signs. See your sales representative or call RC Signs CUSTOMER APPROVAL [:]ACCEPTED W/ NO CHANGES [:]ACCEPTED W/ CHANGES AS NOTED ❑ REVISE AS NOTED AND RESUBMIT BY CUSTOME1 BY DATE DATE LANDLORD DATE I BY FIRM NAME / LOCATION ADDRESS CITY OF MILTON WELCOME SIGN PROJECT ADDRESS: SALESPERSON: SERENA JOHNSTON 110102 FILE PATH: graphics / city of milton /welcome sign FILE NAME: 1 10109 CITY OF MILTON (FREESTANDING WELCOME SIGN) 09.16.11 By signing this drawing document, I understand that I am not obligated to purchase this project, notwithstanding, the above artwork cannot be submitted for pricing, duplication PAGE # and/or manufacturing to another sign company, architectural company or other business entity for the purpose or intent of manufacturing or for use as intellectual property, NAM E DATE I O C c 2 such as, but not limited to, a company logo, unless the represented logo was provided to RC Signs by the customer and input into this drawing document by a RC Signs employee. NOT FOR PRODUCTION OR ESTIMATING 0 1 I'=0 f 1321 FENCE OVERALL LENGTH 5H 3 SIGNS WWW.RCSIGNS.COM SIGN A / SF NON ILLUMINATED FREESTANDING WELCOME SIGN OPTION#2 34'= 1'4' SEC'T'ION A / FENCE MATERIALS: I "x 6- ROUGH SAWN CEDAR PLANKS. 3_S"x 3.5" ROUGH SAWN CEDAR POSTS Wi-E POSEp THRU BOLTS FINISH: (WOOD) CLEAR SATIN FINISH, CLEAR STA11N OR 01L, (BOLTS) SAM BLACK SECTION B / PANEL SUBSTRATE- HDU, ROUTED, OUTER EDGE BEVELED, INSET 13ORDERAND COPS' AI -I'V` RO.UTEO OUT PAINT SCHEDULE THICKNESS- I.5" BACKER PANEL: 0.12S` ALUMINUM FINISHES: SATIN BLACK. MP20SOS COPPER METALLIC. SATIN MOUNTING: BOLTS THRU FENCE INTO BACK OF PANEL P I I GLOSS BLACK SECTION C 1 LOGO P2 I SATIN I3 CA FINISH: PAINT GLOSS BLACK - SCOPE OF WO FABRICATE & INSTALL (1) ONE SF KION ILLUMINATED FREESTANDING WELCOME SIGN ` 915 BRANCH DRIVE ALPHARETTA, GA 30004 PHONE: 770.569.5454 FAX: 770.569.5456 Notice to the Customer Note: The colors depicted on this rendering may not match actual colors used on the finished display. Please refer to the detail drawing for the approved color specifications. Note: The cost of providing electrical wiring to the sign area, all required permits and all special inspections are not included in this sign proposal. Note: The proportion of signs shown on building and landscape area photos is an approximate representation. This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property © COPYRIGHT 201 I of RC Signs. Permission to copy or revise this drawing can only be obtained through a written agreement with RC Signs. See your sales representative or call RC Signs CUSTOMER APPROVAL [:]ACCEPTED W/ NO CHANGES [:]ACCEPTED W/ CHANGES AS NOTED ❑ REVISE AS NOTED AND RESUBMIT BY CUSTOMEI BY DATE DATE LANDLORD ".fes P3 ! I -I CUr- r1=R k"IETALLIC, SA1TLN P4 i CLrAR SATIN OR OIL DATE I BY I FIRM NAME / LOCATION ADDRESS CITY OF MILTON WELCOME SIGN PROJECT ADDRESS: SALESPERSON: SERENA JOHNSTON 110102 FILE PATH: graphics / city of milton /welcome sign FILE NAME: 110109 CITY OF MILTON (FREESTANDING WELCOME SIGN) 09.16.11 By signing this drawing document, I understand that I am not obligated to purchase this project, notwithstanding, the above artwork cannot be submitted for pricing, duplication PAGE # C and/or manufacturing to another sign company, architectural company or other business entity for the purpose or intent of manufacturing or for use as intellectual property, NAM E DATE 2 O r 2 such as, but not limited to, a company logo, unless the represented logo was provided to RC Signs by the customer and input into this drawing document by a RC Signs employee.