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Agenda CC - 07/07/2014 - 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, July 7, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire 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. 14-183) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the June 9, 2014 City Council Work Session Minutes. (Agenda Item No. 14-184) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 7 , 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 an Inter-Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta to Implement Certain Economic Development Related Sections of the Strategic Plan. (Agenda Item No. 14-185) (Bill O’Connor, Economic Development Director) 3. Approval of an Agreement between the City of Milton and WebsEdge, Ltd. for the Production and Distribution of ICMA TV to Complement ICMA’s Annual Conference. (Agenda Item No. 14-186) (Jason Wright, Communications Manager) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of RZ14-10/VC14-01 – 13941, 13943, 13945 Highway 9 North (east side) by Phoenix Senior Living, LLC Containing 5.3 Acres Currently Zoned O-I (Office - Institutional) to O-I (Office-Institutional) to Develop a 74,000 Square Foot Assisted Living/Memory Care Facility (86 units) and a Concurrent Variance to Increase the Height of the Building from 2 Stories and 30 feet from Average Grade to the Eave to 3 Stories and 36 feet to the Eave. (Agenda Item No. 14-187) (Kathleen Field, Community Development Director) 2. Consideration of ZM14-06 – Southeast Corner of Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG-1 (Agricultural). By Capkey Birmingham Partners, LLC to Modify Condition 1.d. to Delete the Community Park and Community Septic System. To Modify Condition 2.a. to Revise the Site Plan. (RZ14- 0116). (Agenda Item No. 14-188) (Kathleen Field, Community Development Director) 3. Consideration of RZ14-05 – To Amend Article VI, Division 23 – CUP (Community Unit Plan) District. (Agenda Item No. 14-189) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 7 , 2014 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Consideration of RZ14-06 – To Amend Article VI, Division 24 – NUP (Neighborhood Unit Plan) District. (Agenda Item No. 14-190) (Kathleen Field, Community Development Director) 5. Consideration of RZ14-07 – To Amend Article VI, Division 13 – TR (Townhouse Residential) District. (Agenda Item No. 14-191) (Kathleen Field, Community Development Director) 6. Consideration of RZ14-08 – To Amend Article VI, Division 4 – R-2 (Single Family Residential) District. (Agenda Item No. 14-192) (Kathleen Field, Community Development Director) 7. Consideration of RZ14-09 – To Amend Article VI, Division 5 – R-2A (Single Family Residential) District. (Agenda Item No. 14-193) (Kathleen Field, Community Development Director) 8. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014, and for Other Purposes. (Agenda Item No. 14-194) (Stacey Inglis, Assistant City Manager) 8) PUBLIC HEARING 1. Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180 Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014 Highway 9 North Vision Area. (Agenda Item No. 14-195) (Ken Jarrard, City Attorney) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014, and for Other Purposes. (Agenda Item No. 14-194) (First Presentation at July 7, 2014 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 7 , 2014 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of a Resolution to Approve a Defined Contribution Pension Plan that Will Serve as a Social Security Replacement Plan for Those Employees Regularly Scheduled to Work 40 or More Hours per Week and Hired or Rehired on or After July 1, 2014. (Agenda Item No. 14-196) (Sam Trager, Human Resources Director) 2. Consideration of a Resolution to Approve a Defined Contribution Pension Plan that will Serve as a Social Security Replacement Plan for Those Employees Regularly Scheduled to Work Less Than 40 Hours per Week and Hired or Rehired on or After July 1, 2014. (Agenda Item No. 14-197) (Sam Trager, Human Resources Director) 3. Consideration of a Resolution to Approve a Defined Contribution Pension Plan that Matches Employee Contributions to a 457 Plan for Those Employees Hired or Rehired on or After July 1, 2014. (Agenda Item No. 14-198) (Sam Trager, Human Resources Director) 4. Consideration a Resolution Adopting the Arnold Mill Road Visioning Study as an Amendment to the 2030 Comprehensive Plan. (Agenda Item No. 14-199) (Discussed at May 12, 2014 Work Session) (Michele McIntosh-Ross, Principal Planner) 5. Consideration of a Resolution Adopting the State Route 9 North Vision Plan as an Amendment to the 2030 Comprehensive Plan. (Agenda Item No. 14-200) (Plan Document Approved at the June 2, 2014 Regular City Council Meeting ) (Michele McIntosh-Ross, Principal Planner) 6. Consideration of a Construction Services Agreement between the City of Milton and Astra Group, Inc. for the Renovation of Bell Memorial Park. (Agenda Item No. 14-201) (Carter Lucas, Public Works Director) 7. Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180 Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014 Highway 9 North Vision Area. (Agenda Item No. 14-195) (Public Hearing at July 7, 2014 Regular City Council Meeting) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 7 , 2014 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8. Consideration of a Resolution Appointing a Member to the Historic Preservation Commission for the City of Milton by Appointing a Member for District 1/Post 2. (Agenda Item No. 14-202) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-203) The minutes were provided electronically HOME OF ' ESTAM-ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Approval of an Inter -Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta to Implement Certain Economic Development Related Sections of the Strategic Plan. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. OYES O NO CITY ATTORNEY REVIEW REQUIRED: (YES O NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS D 7071 q- W4 Your PHONE: 678.242.25001 FAX: 678.242.2499 -Green -v info@c1fyofm1Itonga.us I www.cityofmilfonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ''ate To: Honorable Mayor and City Council Members From: William F. O’Connor, Economic Development Manager Date: Submitted on June 19, 2014 for the July 7, 2014 Regular Council Meeting Agenda Item: Consideration of an Inter-Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. D/B/A Progress Partners North Fulton Atlanta to Implement Certain Economic Development Related Sections of the Strategic Plan Department Recommendation: Approval. Executive Summary: The City of Milton recognizes that a successful economic development program requires long- term continuity, maximum flexibility, and intergovernmental cooperation in order to compete effectively in the marketplace. Consequently, enhanced cooperation between the City and other economic development agencies across the region is essential. Toward that end, Progress Partners of North Fulton was an initiative created by the Greater North Fulton Chamber of Commerce to position the six cities of North Fulton County as one of the top destinations in Georgia for long term growth and quality of life. Since Milton will likely benefit from the regional activities and coordination provided by this initiative, continued membership is recommended. Funding and Fiscal Impact: Economic Development Budget - $25,000 Alternatives: There are no alternatives to this proposal. Legal Review: Paul N. Higbee Jr. – March 18, 2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Inter-Agency Agreement Page 1 of 7 INTER-AGENCY AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND THE GREATER NORTH FULTON CHAMBER OF COMMERCE, INC. D/B/A PROGRESS PARTNERS NORTH FULTON ATLANTA TO IMPLEMENT CERTAIN ECONOMIC-DEVELOPMENT RELATED SECTIONS OF THE STRATEGIC PLAN WHEREAS, successful economic development programs require long-term continuity, maximum flexibility, and inter-governmental cooperation to compete effectively in the marketplace; WHEREAS, the City of Milton recognizes that a successful economic development program for the City can further be improved by enhanced cooperation between the City and other economic development agencies across the Region; WHEREAS, Progress Partners of North Fulton, the economic development initiative of the Greater North Fulton Chamber of Commerce, has been designed to position the six cities of North Fulton as one of the top destinations in Georgia for long-term economic growth and superior quality of life; and WHEREAS, the parties desire to enter into Inter-Agency Agreement, to jointly work on economic development for the City and for the North Fulton Region; NOW, THEREFORE, BE IT RESOLVED, for in consideration of the mutual benefits to flow one from the other, the City of Milton (sometimes referred to herein as the “City”) and The Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners of North Fulton Atlanta (“Progress Partners”) agree with each other as follows: 1. The term of this agreement will be July 16, 2014 through July 15, 2015. 2. The City of Milton will pay to Progress Partners a total of $25,000.00, paid in two installments. The first installment of $12,500 will be paid within ten days of execution of this agreement and the second installment of $12,500 will be paid by January 15, 2015. 3. Progress Partners will provide the following services to the North Fulton Region: o Work with the Fulton County Schools and private institutions to insure that our educational system is able to serve needs of businesses located in the City. o Collaborate with Gwinnett Tech and other institutions of higher learning to insure that they are meeting the needs of the businesses located in the City. o Participate in events relevant to regional economic development issues at the ARC, Fulton County Economic Development Department, GNFCC, Innovation Crescent, Metro Atlanta Chamber, etc. Page 2 of 7 o Continue to promote the strengths of North Fulton to Georgia Department of Economic Development and Georgia Power regional representatives o Promote North Fulton when attending high-value trade shows, conferences, and participating in marketing trips with state and regional partners o Coordinate the efforts of the North Fulton Economic Development Partners’ Council to maintain critical partnerships and collaboration with entities to support community, economic, and workforce development for the North Fulton region o Serve as the leader and catalyst along with our City partners for the advancement of the North Fulton Region o Work and cooperate with our City partners on a comprehensive and collaborative BRE outreach program for all of North Fulton o Continue to work on behalf of the Region on issues regarding education, infrastructure, tourism, transportation and workforce development with input from our City partners 4. Progress Partners will provide the following services to the City of Milton: o Assist in the development of the City’s Economic Development Plan by giving input and comments as requested o Assist with implementation of the Crabapple and Highway 9 Livable Centers Initiative (LCI) plan o Support and assist with the expansion of the North Fulton CID into the City o Assist with reviewing City ordinances, permitting, and design review processes, etc. as requested in order to further economic development efforts o Alert the City of any public relation or marketing opportunities that would position the City as a premiere location for businesses to locate and expand o Research available commercial space within the City using Businesswise, CoStar & other resources as applicable o Report any company relocation plans that we become aware of to the City officials of the company’s current location to allow them the first right of refusal regarding such plans o Assist the City with engaging developers, brokers & tenants in the continued advancement of commercial property located within the City o Work with property owners and prospective developers to create a flexible environment that will accommodate high-value uses for properties within the City 5. To determine the effectiveness of the partnership and the effectiveness of the Progress Partners initiative with respect to the City of Milton’s goals and vision, the following key performance measures will be evaluated: Page 3 of 7 Image and promotion o Number of meetings held with state and private economic development leaders and consultants o Monthly website hits o Marketing materials developed and distributed o Number of conferences/trade shows and recruitment trips involved with Existing business retention and expansion o Number of first-time business contacts/visits o Total number of existing business contacts/visits o Number of new jobs created by existing businesses o Value of new investment in real estate by existing businesses New business investment and recruitment o Number of new business location projects managed o Number of new location prospects visited o Total number of new jobs created by new businesses within target industry clusters o Total value of investments in real estate by new businesses within target industry clusters Progress Partners will provide monthly written reports to City of Milton outlining progress with respect to key performance measures and activities. These written reports will provide insight into activities and performance in relation to North Fulton. The reports will be augmented and supported by monthly meetings with Milton Economic Development staff (separate from regular meetings of the Progress Partners group). In addition, key Progress Partners leadership will appear before City Council in public session on an annual basis as requested to provide an annual reporting of activities and performance to-date and a proposed plan of action for the coming year. 6. 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 Progress Partners agrees that, during performance of this Agreement, Progress Partners, 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, Progress Partners agrees to comply with all applicable implementing regulations and shall include the Page 4 of 7 provisions of this Section in every subcontract for services contemplated under this Agreement. 7. E-Verify. It is the policy of City 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 Progress Partners 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 Progress Partners’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 Progress Partners 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 Progress Partners 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, Progress Partners 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 Progress Partners employs or contracts with any subcontractor(s) in connection with the covered contract, the Progress Partners 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, Progress Partners agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Progress Partners 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 Progress Partners’ and Progress Partners’ subcontractors’ verification process at any time to determine that the verification was correct and complete. The Progress Partners and Progress Partners’ 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 Progress Partners 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 Progress Partners or Progress Partners’ subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Progress Partners and Progress Partners’s subcontractors agree to cooperate with any such investigation by making t heir records Page 5 of 7 and personnel available upon reasonable notice for inspection and questioning. Where a Progress Partners or Progress Partners’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 Progress Partners’ failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Progress Partners shall be liable for all damages and delays occasioned by the City thereby. Progress Partners agrees that the employee-number category designated below is applicable to the Progress Partners. [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. Progress Partners hereby agrees that, in the event Progress Partners 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 Progress Partners will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. CITY OF MILTON, GA THE GREATER NORTH FULTON CHAMBER OF COMMERCE, INC. D/B/A PROGRESS PARTNERS NORTH FULTON ATLANTA By: _________________________ by: __________________________ Joe Lockwood, Mayor Brandon Beach, President/Secretary Date: ________________________ Date: _________________________ [AFFIX CORPORATE SEAL] Page 6 of 7 EXHIBIT “A” STATE OF GEORGIA CITY OF MILTON 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 ________________________________________ BY: Authorized Officer or Agent Date [Insert Company Name] _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201__ ________________________________________ Notary Public My Commission Expires: ___________________ Page 7 of 7 EXHIBIT “B” STATE OF GEORGIA CITY OF MILTON 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 The Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta 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: HOME OF `-.F ?F; T MI-LTONIIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and WebsEdge, Ltd. for the Production and Distribution of ICMA TV to Complement ICMA's Annual Conference. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (VNO CITY ATTORNEY REVIEW REQUIRED: () YES y NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: o -7 O -7 /4 REMARKS * 4 c..e. Forte F14 „ 9D 4 F/Z-o r,•, tf�a r� 1 rnca +-� z T� .t , ©,* You( PHONE: 678.242.25001 FAX: 678.242.2499 ''Green .4ar into@cityofmiltonga.us I www.cityotmiltonga.us @tEam1111Jn1 y k Ethics 1300013000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a To: Honorable Mayor and City Council Members From: Jason Wright, Communications Manager Date: Submitted on June 30, 2014 for the July 7, 2014 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and WebsEdge, Ltd. for the Production and Distribution of ICMA TV to Complement ICMA’s Annual Conference. ____________________________________________________________________________ Department Recommendation: Approval of the ICMA TV Contract Executive Summary: WebsEdge, doing business as ICMA TV, provides video content for the ICMA yearly conference in September, then hosts its content on its, and ICMA’s, Web sites. Milton was chosen as one of the communities for spotlight due to our unique hybrid government model and the success we’ve seen despite being such a young municipality. The cost of this 5-minute video is $22,500. That cost guarantees: A film of up to five (5) minutes in length which will include interviews with spokespeople and case study material; Production of a series of news programs at the Event to include Milton’s film in one or more of these programs; Broadcasting of this film to attendees of the Event on television screens; Making copies of the program available to delegates upon request; Streaming and hosting of Milton’s film online for 12 months after the Event; Screening of Milton’s film at the Event via a dedicated television channel in selected delegate’s hotels in the area; Providing Milton with a link to the film for marketing purposes. Pre-production consultation on Milton’s topic and schedule; One (1) day of filming Final approval of film before broadcast; Inclusion in any social media activities carried out by ICMA TV for the conference; Page 2 of 2 Use of any rushes / B-Roll (including unused footage) for Milton’s own purposes via a royalty-free, indefinite license; Delivery of all assets including footage from the shoot, a high quality master digital file, plus a file in a format suitable to Milton’s marketing needs. Funding and Fiscal Impact: Funding is provided by the Special Events Fund’s surplus. Alternatives: None. Legal Review: None. Concurrent Review: Jason Wright, Communications Manager Attachment: Agreement between the City of Milton and WebsEdge, Ltd. Client Name O tV Event: ICMAty will: Confirmation Order Form City of Milton, GA ("Client') ICMA Annual Conference Charlotte/Mecklenburg, INC. September 14th -17th , 2014 ("Event') • Produce a film of up to five (5) minutes in length which will include interviews with Client spokespeople and case study material; ■ Produce a series of news programs at the Event and include the Client's film in one or more of these programs; ■ Broadcast this film to attendees of the Event on television screens; • Make copies of the program available to delegates upon request; • Stream and host the Client's film online for 12 months after the Event; • Screen the Client's film at the Event via a dedicated television channel in selected delegate's hotels in the area; ■ Provide the Client with a link to their film for marketing purposes. Agreement guarantees: ■ Pre -production consultation on the Client's topic and schedule; • One (1) day of filming ■ Final approval of film before broadcast; ■ Inclusion in any social media activities carried out by ICMA TV for the conference; ■ Use of any rushes 1 B -Roll (including unused footage) for Client's own purposes via a royalty -free, indefinite license; ■ Delivery of all assets including footage from the shoot, a high quality master digital file, plus a file in a format suitable to your marketing needs. The cost of this agreement is $22,500 USD. The cost is to be paid on receipt by the Client of an invoice in respect of the sum due ("Agreement Fee"). Client Details Address 1 I-5Mo Vi5anE14� P4,�>,4 Tel XJ al _ Z19 -16b Address 2-5%3,jc 161A Fax �p?�-��a zti44 Address 3 A41 L -U31 b sk Accounts Dept. Name _A4� W M-1 6k-� Zip Code -�6>0LA Account Dept. Email J1fWe%tkl -g e( aF McI�O��a Country UKrMS> Accounts Tel —42,4 ;z — 2501L d4 Signed by WebsEdge Signed by Client Date Wednesday 18«' June, 2014 Date WRg1 )4 Name Stephen Horn - CEO Name .16E [Z &e 30, i Signed >t_:Signed Return of this order form constitutes a binding order rendering you liable for the Agreement Fee specified above. It also signifies your acceptance of our Terms & Conditions available at: ht# www.websed e.com webmedia Terms Conditions USA TermsandConditions2013. df PLEASE COMPLETE, SIGN & RETURN THIS FORM BY FAX ON: 01144 207 630 4929 OR VIA EMAIL WebsEdge is a trading name of WebsEdge Limited: 9-11 Grosvenor Gardens, London, SW1 W 013D, UK. Registered in England: No. 3520183 Registered office: 141 Wardour Street, London W1 F OUT International City/County Management Association 2013-2014 Annual Conferences Agreement Between: WebsEdge Ltd ("WebsEdge") WebsEdge Limited, registered in England and Wales, registered number 3520183 Trading Address; 9-11 Grosvenor Gardens, London, SW1 W OBD, UK And: International City/County Management Association (ICMA) 777 North Capitol Street, N.E., Suite 500 Washington DC; 20002-4201. ("Conference Organizer') For: Production and distribution of ICMA TV to complement ICMA's Annual Conference ("Conference") The project will include 1.1 Production of up to four (4) television news programs running up to fifty (50) minutes each, looking at current event/conference-related issues. The programs will be broadcast at the conference venue and, by agreement, in delegate hotel rooms. The detailed structure of the programs will be agreed upon in consultation with the Conference Organizer, however, they are likely to consist of three sections covering: 1.1.1 Up to six (6) pre-recorded films per program on major issues relevant to ICMA and local government. 1.1.2 Interviews with leading figures (e.g., keynote and session speakers, ICMA leadership, staff, etc.) relevant to the Conference, either filmed at the conference site or pre-recorded for those not attending. 1.1.3 News, views and reactions from delegates at the Conference. 2 The Conference Organizer's Obligations and Grant of Rights 2.1 The Conference Organizer grants to WebsEdge the sole and exclusive right to produce and transmit "ICMA TV" at the conference. The Conference Organizer also grants the right for WebsEdge to commission films for "ICMA TV' in full consultation with the Conference Organizer. 2.2 The Conference Organizer will use all reasonable efforts to publicise and promote the broadcasts to the conference delegates and will post an announcement on their website providing information about the partnership. 2.3 The Conference Organizer shall provide WebsEdge with names of the delegates and speakers as soon as these are confirmed. The Conference Organizer agrees to participate by phone or email in a discussion to identify any key initiatives or activities underway within the local government management field that might translate into compelling film pieces and insofar as internal policies allow will provide suggestions for institutions that would be suitable for film subjects. 2.4 The Conference Organizer will have the opportunity to review each program before transmission to review and approve the program content and to check for factual errors or material that may be considered defamatory or damaging to the standing of the Conference Organizer. 2.5 The Conference Organizer grants to WebsEdge a non-exclusive license to use the logo and other relevant materials in connection with the event in accordance with any relevant guidelines. 2.6 The Conference Organizer shall provide the staff of WebsEdge with reasonable access to the Conference. 2.7 The Conference Organizer will coordinate, in full consultation with WebsEdge, the core subjects and interviewees for all onsite programs by an agreed-upon deadline in advance of the proposed production schedule. 2.8 WebsEdge will provide ICMA with an "ICMA N' video player which, in addition to ICMATV content, will house and play ICMA-produced videos. 2.9 The Conference Organizer will place the "ICMA TV" video player on the Conference Organizer's homepage and/or other high traffic area of the Conference Organizer's website for a period of twelve (12) months after the date of the Conference. 10 Governing law This contract shall be governed by and construed in accordance with the laws of the District of Columbia without regard to its conflict or choice of law provisions. Confirmation of the ICMA and WebsEdge agreement and acceptance of all the above terms and conditions. Signature: Name: Mary Ann Cristiano Position: Director, Brand Management, Marketing & Communications Date: April 23, 2013 I✓t� �[A Signature: For and on behalf of American ICMA Name: Stephen Horn Position: CEO Date: May 3, 2013 Signature: For and on behalf of WebsEdge Limited HOME OF ' �LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-10/VC14-01 — 13941, 13943, 13945 Highway 9 North (east side) by Phoenix Senior Living, LLC Containing 5.3 Acres Currently Zoned 0-1 (Office -Institutional) to 0-1 (Office -Institutional) to Develop a 74,000 Square Foot Assisted Living/Memory Care Facility (86 units) and a Concurrent Variance to Increase the Height of the Building from 2 Stories and 30 feet from Average Grade to the Eave to 3 Stories and 36 feet to the Eave. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: OAPPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES CITY ATTORNEY REVIEW REQUIRED. OYES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS 0 APPROVED O NOT APPROVED {) NO () NO () NOT APPROVED D'7 o7 1q 44 - ® YouE PHONE: 678.242.25001 FAX: 678.242.2494 rre�+�iwiw G���1<� �► ; c�«<r.ed ; °� info@cityofmilfonga.us I www.cityofmiltonga.us Community�`5 f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 1 of 27 RZ14-10/VC14-01 RZ14-10/VC14-01 PROPERTY INFORMATION ADDRESS 13941, 13943, 13945 Hwy 9 (East Side) DISTRICT, LAND LOT 2/2 831 OVERLAY DISTRICT State Route 9 and Deerfield/Highway 9 Form-Based Code EXISTING ZONING O-I (Office Institutional) – RZ07-10 PROPOSED ZONING O-I (Office Institutional) ACRES 5.3 EXISTING USE Undeveloped and Vacant Single Family Residential PROPOSED USE Assisted Living/Memory Care Facility (86 Units) PETITIONER Phoenix Senior Living, LLC – Jesse Marinko ADDRESS 114 Townpark Drive, Suite 400 Kennesaw, GA 30144 770-877-1843 OWNER ARG QUALITY PROPERTIES ADDRESS 3630 Peachtree Road, Suite 1050 Atlanta, GA 30326 COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 25, 2014 RZ14-10 – APPROVAL CONDITIONAL VC14-01 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – JUNE 25, 2014 RZ14-10 – APPROVAL CONDITIONAL 6-0 VC14-01 – APPROVAL CONDITIONAL 6-0 INTENT To rezone from O-I (Office-Institutional) to O-I (Office-Institutional) to develop a 74,000 square foot assisted living/memory care facility (86 units) and a concurrent variance to increase the height of the building from 2 stories and 30 feet from average grade to the eave to 3 stories and 36 feet from average grade to the eave (Sec 64-1095(m)) Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 2 of 27 RZ14-10/VC14-01 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 3 of 27 RZ14-10/VC14-01 CURRENT ZONING MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 4 of 27 RZ14-10/VC14-01 CURRENT FORM-BASED OVERLAY DISTRICT MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 5 of 27 RZ14-10/VC14-01 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 6 of 27 RZ14-10/VC14-01 HWY 9 NORTH VISIONING STUDY AREA Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 7 of 27 RZ14-10/VC14-01 Revised Site Plan Submitted on June 18, 2014 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 8 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING NORTHEAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT, HWY 9 FAR LEFT/BOTTOM SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 9 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUBJECT SITE LEFT, HWY 9 RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 10 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUPERIOR INDOOR COMFORT, INC LEFT, SUBJECT SITE CENTER/RIGHT AND HWY 9 RIGHT/BOTTOM VIEW ACROSS THE STREET FROM SUBJECT SITE FACING SOUTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 11 of 27 RZ14-10/VC14-01 VIEW ACROSS THE STREET FROM SUBJECT SITE FACING NORTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 12 of 27 RZ14-10/VC14-01 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 13 of 27 RZ14-10/VC14-01 EXISTING USES AND ZONING OF NEARBY PROPERTY 4 1 3 5 6 8 10 9 2 11 7 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 14 of 27 RZ14-10/VC14-01 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area South 1 RZ06-096 (11-15-2006) C-1 (Community Business) CVS Pharmacy 5,690 sq. ft./acre or total of 34,282 sq. ft. West 2 RZ04-022 (05-05-2004) C-1 (Community Business) Commercial Strip Center 7,314.03 sq. ft. /acre or total 9,468 sq. ft. West 3 AG-1 AG-1 (Agricultural) Undeveloped n/a North 4 RZ88-100 (07-06-1988) M-1 (Light Industrial) Air Conditioning Business 4,151 sq. ft./acre or total 8,800 sq. ft. Northwest 5 RZ00-052 (08-02-2000) C-1 (Community Business) Daycare Center 4,771.25 sq. ft./acre or total 14,600 sq. ft. on 3.06 acres North 6 AG-1 AG-1 (Agricultural) Undeveloped n/a East 7 AG-1 AG-1 (Agricultural) Bellemeade Farms Subdivision 1 unit/acre (Est. 3,000 sq/ft) North 8 RZ88-023 (03-02-1988) C-2 (Community Business) Landscaping Supply Business 8,040 sq. ft. per acre or total 24,600 sq. ft. Northwest 9 AG-1 AG-1 (Agricultural) Agricultural Apple Orchard n/a North 10 AG-1 AG-1 (Agricultural) Undeveloped n/a North 11 RZ95-150 (1995) R-4A (Residential) Lake Laurel Subdivision 2.2 units/acre 2,400 sq. ft. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 15 of 27 RZ14-10/VC14-01 SUBJECT SITE: The subject site contains 5.3 acres and is undeveloped with a vacant house. The subject site was rezoned O-I (Office Institutional) pursuant to RZ07-10 for 28,104 square feet at a density of 5,332 square feet per acre of general office for the four parcels. However, the two parcels to the south (1.64 acres) were rezoned to T-5 Urban Center Zone Form-Based Code, while the two north parcels (3.66 acres) remained O-I. The Chart below provides a summary of the existing approved densities: Current Zoning Current Approved Density Height Proposed Zoning Two North Parcels 3.66 acres O-I (Office- Institutional) 19,515 Square Feet 2 stories (Required by Hwy 9 Overlay) Two South Parcels 1.64 acres T-5 Transect Zone (Form Based Code) 33,210 Square Feet 4 stories Requesting Variance for 3 stories (VC14-01) Entire Parcel 5.3 O-I (Office- Institutional) 52,725 Total Square Feet 74,000 Total Square Feet The applicant is requesting that the subject site be rezoned to increase the approved density for the underlying Office Institutional from 28,104 square feet to 74,000 square feet and a concurrent variance to increase the height from two stories and 30 feet from average grade to the eave to three stories and 36 feet from average grade to the eave. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 16 of 27 RZ14-10/VC14-01 Since the adoption of the Deerfield/Hwy 9 Form Based Code, there was a request to rezone from O-I (Office Institutional) to TR (Townhouse Residential) to develop 24 single family detached residences. Both the Staff and Planning Commission recommended denial based on the Future Land Use Plan recommendation of Mixed Use and the Form Based Code recommending T-5 which contemplates mixed use development for that portion of the site within the T-5 transect zone. The applicant withdrew the request without prejudice at the City Council Meeting on January 22, 2014. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on June 18, 2014, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-730 O-I (OFFICE-INSTITUTIONAL) AND SR 9 OVERLAY DISTRICT Requirements Subject Site Minimum lot frontage – 100 feet The lot exceeds the minimum requirement Maximum height – 60 feet or 4 stories, whichever is higher. Staff notes that the SR 9 Overlay District supersedes the underlying zoning requirement, thus the request for the concurrent variance. Also, the Deerfield/Hwy 9 FBC within T-5 allows up to four stories. The proposed building is three stories and from average grade to the roof eave is 36 feet. A concurrent variance will be discussed below. Minimum Front yard 40 feet from right-of-way Side Yard 20 feet Rear yard 25 feet Maximum lot coverage 70 percent of the total land area Landscape Strip along SR 9 20 feet Landscape Strip on north and south property lines 10 feet Undisturbed buffer and improvement setback along the east property line adjacent to AG-1 (SR 9 Overlay District) 75 foot and 10 foot improvement setback Parking: 1 space per 4 beds + 1 per 3 employees – 32 spaces required 36 spaces provided Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 17 of 27 RZ14-10/VC14-01 SR 9 Overlay District Requirements Based on all the requirements noted above, the site plan indicates compliance with the development standards for O-I (Office-Institutional) and the SR 9 Overlay District except for height. OTHER SITE PLAN CONSIDERATIONS It has been the City Council’s policy in the past where there has been development along Hwy 9 to provide a four board black equestrian fence, not exceeding 55 inches in height. More recently, the recommended design for the equestrian fence may include a column as described in the Hwy 9 Design Guidelines. The site is bisected between the traditional O-I zoning district with the SR 9 Overlay District and the Deerfield/Hwy 9 Form Based Code Overlay (FBC). Staff has reviewed the site and the building so that for the portion within the FBC, the development meets the intent of those standards as well as the portion within the SR 9 Overlay, the development meets those standards. Staff requested that the building be pushed forward to Hwy 9 as possible to be in keeping with the FBC. Although the rezoning process does not require architecture to be submitted, the applicant has worked with Staff including the City Architect to meet the requirements of the SR 9 Overlay District for the design of the building which is consistent with the FBC with exception of the allowed height. The applicant has submitted various designs and has responded to both the Design Review Board and the City Architect’s feedback to produce an aesthetically pleasing building. The rendering provided in the report reflects the latest iteration. Further work on the design will continue as the process continues. The final building design will be required to be presented to the Design Review Board prior to the issuance of a building permit. VC14-01 - To increase the height of the building from 2 stories and 30 feet from average grade to the eave to 3 stories and 36 feet from average grade to the eave (Sec 64-1095(m)) The proposed building’s height is three stories and 36 feet from average grade to the eave. The nature of assisted living facilities requires large amounts of square footage and thus the need for the increase in stories and height. On this site, by designing a building vertically, less of the site is negatively impacted with additional vegetation removed. Staff also notes that the T-5 Transect Zone permits buildings to be built up to four stories in height. The City Architect has worked closely with the applicant’s architect to present a building that is in keeping with the site as well as designing a building to blend in with the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 18 of 27 RZ14-10/VC14-01 It is Staff’s opinion that the applicant has demonstrated that: 1) Relief if granted, would not offend the spirit or intent of this zoning ordinance. The applicant has designed a building that works with the site and has preserved a large portion of the site with vegetation as well as the specimen trees as conditioned by the previous zoning for this site. Additionally, the O-I zoning district also allows buildings to be up to four stories in height. 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. When the original Livable Community Initiative (LCI) Study area was determined and ultimately the area for the future Form Based Code, by the Atlanta Regional Commission, this site was bisected with multiple parcels and it was not know that the parcels were under one ownership. If the line was “drawn” just north of the existing line, the entire site would be under the purview of the Deerfield/Hwy 9 Form Based Code and the request for the concurrent variance would not be needed. 3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. It is Staff’s opinion that if the site and the building are designed appropriately to ameliorate the effects of three stories, it will not cause a substantial detriment to the public good and surrounding properties. Based on this analysis, Staff recommends APPROVAL CONDITIONAL of VC14-01. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64-2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS The site is predominately pine trees with a hardwood stand along the northern property boundary. There are eleven specimen trees on site that will require recompense. The applicant has stated that three specimen trees will be removed, that consist of a 30” pine, 30” Oak and a 28” Oak. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 19 of 27 RZ14-10/VC14-01 Staff notes that in the previous rezoning pursuant to RZ07-10, a condition of zoning was included to preserve three trees on the site identified as 1, 5 and 6. The exhibit will be included at the end of the Staff Report. The applicant has stated that these trees will be saved. CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. This type of use will also be reviewed by the State Fire Marshal. PUBLIC WORKS 1. There are no improvements shown along SR 9 frontage 2. Pedestrian facilities on SR 9 not shown in accordance with City Code of Ordinances 3. Entrance location, striping and turn lanes subject to GDOT approval 4. Entrance configuration to be coordinated with projects PI 0007838 and PI 0012625 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 20 of 27 RZ14-10/VC14-01 FINANCIAL MODELING IMPACTS Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 21 of 27 RZ14-10/VC14-01 PUBLIC INVOLVEMENT On May 27, 2014 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were four members of the community in attendance. There were no specific comments made regarding the project. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Monday, June 2, 2014 at the Windward Kroger Community Room. The applicant’s report stated that no one appeared at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – June 3, 2014 Comments: Community would prefer a building with a non-institutional look. More of a bungalow style. Looking for something with depth and perspective. Needs more variations in façade. Consider multiple masses. Would not oppose a three story building if it fits the property. The subdivisions right behind the site and Lake Laurel may have issues with the proposed three story building. Renderings should show building on actual grade. Wait until new Hwy 9 North Form Based Code is completed before proceeding with the project. Work with the City Architect directly to come up with a product that the community can buy into. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed assisted living facility developed with 74,000 square feet and a density of 13,962 square feet per acre is suitable to the existing uses to the south and the north. To the east the required 75 foot undisturbed buffer and 10 foot improvement setback provides the necessary screening. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 22 of 27 RZ14-10/VC14-01 developments and zonings and to the Deerfield/SR 9 Form-Based Code Overlay District. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect the existing use or usability of the adjacent properties as described above based on the fact that to the north, the property is zoned M -1 (Manufacturing) developed with an air conditioning business and to the south it is developed with a CVS and potential future development to the south on the same parcel at the northeast corner of Hwy 9 and Bethany Bend. Although there are single family residences zoned AG-1 to the east, the required 75 foot buffer and 10 foot improvement setback will provide necessary screening to these homes. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does have a reasonable use as 5.3 acres currently zoned O-I (Office Institutional) 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: The two south parcels: Transitional Area as amended by Hwy 9/ GA 400 Area Master Plan. The two north parcels: Mixed use, two stories, form based code style – Hwy 9 North Visioning Plan - Proposed use/density: Assisted Living Facility / 13,962 square feet per acre The Milton City Council adopted the Comprehensive Plan in June, 2011. The Future Land Use Plan was amended for the two south parcels of subject site upon the adoption of the Hwy 9/GA 400 Area Master Plan in April, 2012. Per the Hwy 9/GA 400 Area Master Plan amendment, the two south parcels of subject site are Transitional for primarily small lot single family residential and limited neighborhood serving retail and office. These Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 23 of 27 RZ14-10/VC14-01 parcels were subsequently designated T5 Form-Based Code Overlay District to reflect the vision of the master plan. The two north parcels of subject site are within the North Hwy 9 Visioning Study which was approved on June 2, 2014 which recommends the area to be Mixed Use, two stories and to implement the form based code for future development. Based on the recent designation of the two south parcels of subject site to Form-Based Code T5 Overlay District which allows an assisted living facility, and the approved master plan for the two north parcels, the request to rezone to O-I (Office Institutional) is consistent with the future vision for subject site. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is consistent with nearby zonings and developments. Although only a portion of the site is within the Deerfield/SR 9 Form Based Code, the applicant has submitted a plan and provided architecture that is consistent with the Form Based Code. During the public hearings for the proposed single family residential development, the community voiced concern regarding a single family residential use and wanted to see more non-residential uses in this area to be consistent with the vision of the Hwy 9 North Visioning Study and the Form Based Code. In addition, the proposed use is consistent with the Deerfield/SR 9 Form Based Code. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ14-10. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. CONCLUSION Based on the fact that the proposed assisted living /memory care facility is a use that is consistent with the 2030 Comprehensive Future Land Use Plan and permitted uses within the Deerfield/Hwy 9 Form Based Code, Staff recommends APPROVAL CONDITIONAL of RZ14-01 and VC14-01. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 24 of 27 RZ14-10/VC14-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) 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 Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An assisted living/memory care facility with no more than 86 living units. b) No more than 74,000 square feet at a maximum density of 13,962 square feet per acre, whichever is less, based on the total acreage zoned. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 18, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. (VC14-01) b) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07-10) c) Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels identified as 22 424008810130, 22524008310370, 22 524008810098, and 22524008310537 into one parcel. d) Final design of the site and building to be approved by the City Architect. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 25 of 27 RZ14-10/VC14-01 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) 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 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 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. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 26 of 27 RZ14-10/VC14-01 d) Modify site plan to provide a minimum 26 foot wide cross-access drive aisle within a 50 foot access easement for future vehicular and pedestrian inter-parcel access on the north and south property lines or as may be approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance permit application. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/1/2014 Page 27 of 27 RZ14-10/VC14-01 ORDINANCE NO._______ PETITION NO. RZ14-10/VC14-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM O-I (OFFICE-INSTITUTIONAL) TO O-I (OFFICE- INSTITUTIONAL) FOR AN 86 UNIT ASSISTED LIVING/MEMORY CARE FACILITY WITH A TOTAL OF 74,000 SQUARE FEET LOCATED AT 13941, 13943, AND 13945 HWY 9 HAVING A FRONTAGE OF APPROXIMATELY 469 FEET CONTAINING 5.3 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 21, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Hwy 9 with frontage of approximately 469 feet, consisting of a total of approximately 5.3 acres as described in the attached legal description, be rezoned to the O-I (Office-Institutional) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 831 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the O-I (Office-Institutional) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 16 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 21st day of July, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) 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 Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An assisted living/memory care facility with no more than 86 living units. b) No more than 74,000 square feet at a maximum density of 13,962 square feet per acre, whichever is less, based on the total acreage zoned. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 18, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. (VC14-01) b) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07 -10) c) Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels identified as 22 424008810130, 22524008310370, 22 524008810098, and 22524008310537 into one parcel. d) Final design of the site and building to be approved by the City Architect. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) 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 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 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. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Modify site plan to provide a minimum 26 foot wide cross-access drive aisle within a 50 foot access easement for future vehicular and pedestrian inter-parcel access on the north and south property lines or as may be approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance permit application. REVISED SITE PLAN SUBMITTED ON JUNE 18, 2014 HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-06 — Southeast Corner of Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural). By Capkey Birmingham Partners, LLC to Modify Condition 1.d. to Delete the Community Park and Community Septic System. To Modify Condition 2.a. to Revise the Site Plan. (RZ14-0116). MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. XAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES y NO CITY ATTORNEY REVIEW REQUIRED: O YES �NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS o-7a-ri4 PHONE: 678.242.25001 FAX: 678.242.2499 infoOcityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ,-Green ap Community * * Top �i W Certified t City vi 0 - UPIA Page 1 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 ZM14-06 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 – JULY 21, 2014 ZM14-06 – APPROVAL CONDITIONAL TO MODIFIY CONDITIONS 1.d. AND 2.a. INTENT To modify Condition 1.d. to delete the community park and community septic sys tem. To modify Condition 2.a. to revise the site plan. (RZ04-116) Page 2 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 LOCATION MAP Page 3 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 CURRENT ZONING Page 4 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 REVISED SITE PLAN SUBMITTED JUNE 17, 2014 Page 5 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 REVISED SITE PLAN SUBMITTED OCTOBER 28, 2004 (RZ04-116) Page 6 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 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. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been devel oped 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. At the June 16, 2014 Mayor and City Council, the applicant’s request pursuant to ZM14-03 to amend Conditions 1.c., 1.d., 2.a., and 3.b were approved. These amended conditions deleted the requirement for the day care facility, allowed single family homes, curb cut(s) along Birmingham Hwy to be determined by the Georgia Department of Transportation and lastly modified the site plan. After further evaluation of the site plan with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff determined that Condition 2.d. had not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions) and therefore the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to remove the reference to the “community waste water facility” indicated on the site plan within the AG-1 portion of the development. Page 7 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 Proposed Modifications to Conditions 1. To the owners agreement to restrict the use of the subject property as follows: 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. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 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. CZIM Meeting – June 24, 2014 The applicant was present at the meeting but there were no members of the community present. Analysis and Recommendation 1. To the owners agreement to restrict the use of the subject property as follows: 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. The applicant is requesting to delete the required community park and septic system as described above. It was the applicant’s intent to serve the southeast quadrant with the existing community septic system located on the northeast quadrant. Below is a statement from the property owner’s operator: “Let it be known that as the contract operator and agent for the owners of the Marketplace at Birmingham Village wastewater treatment facility, EMS has Page 8 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 performed the analysis and has determined that there is sufficient capacity in the plant to treat all of the domestic sewage from your proposed development.” Charlie Evans Vice President Environmental Management Services, Inc The applicant will be submitting a more detailed engineering report that will verify the above statement. Staff notes that the one acre AG-1 lots will be required to provide individual septic systems for each of their lots as required in 1.d. In addition, the community park was to be developed in conjunction with the required community waste facility which is how the community waste facility was developed on the northeast quadrant. If the community septic is deleted, so should the community park. Staff is in support of this request based on the fact that the existing community septic system can support the proposed development on the southeast quadrant. Therefore, Staff recommends APPROVAL to delete the reference to the community park and community septic system in Condition 1.d. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site pl an 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. As mentioned before, there is reference on the 2004 site plan of “community waste water facility”. Staff is recommending that the revised site plan be approved that eliminates reference to the facility which is also consistent with the deletion of the reference in Condition 1.d. The revised site plan indicates that general area as “open space”. This is an acceptable substitute and at such time the site is developed, this area will remain undeveloped. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 2.a. as referenced above. Page 9 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 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: 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. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 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. ORDINANCE NO. PETITION NO. ZM14-06 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 July 21, 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) and AG-1 Conditional 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 hereby 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 21st day of July, 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: 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. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 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. REVISED SITE PLAN RECEIVED ON JUNE 17, 2014 HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-05 — To Amend Article VI, Division 23 — CUP (Community Unit Plan) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITYATTORNEYAPPROVAL REQUIRED: (kYES O NO CITY ATTORNEY REVIEW REQUIRED: A YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0-7o-714 REMARKS 44 ® Your !�C lap o� PHONE: 678.242.25001 FAX: (378.242.2499 ncEwn ` Green -w *Certified* info4cityofmiltonga.us I www.cityofmilbnga.us ""'� Community * i,,-, ,f 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 June 30, 2014 for the July 21, 2014 Regular Meeting (July 7, 2014 First Presentation and July 14, 2014 for Council Work Session) Re: Consideration of RZ14-05 – CUP and RZ14-06 - NUP – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: The proposed deletion of the CUP (Community Unit Plan) District and the NUP (Neighborhood Unit Plan) District is in response to the Zoning Moratorium that is currently in place for these two zoning districts. The reasoning behind the proposed deletion of the CUP district is so that Staff can guide the development community to a more reasonable development when it involves un-sewered areas of the City. Currently, the applicant can request almost any minimum setbacks and there is a perception that by drastically reducing the setbacks, the development yields additional lots. In addition, there is a misconception that non-residential and multi-family uses are permitted by right. The CUP district was intended to provide flexibility to a large parcel. A good example is the Crooked Creek subdivision on Hwy 9 where there are “pods” of development with various size parcels and setbacks. This was accomplished through one zoning district instead of the developer requesting various ones to accomplish the same result. Since the City adopted the Form Based Code for the Crabapple and Hwy 9 areas and will be working on a Form Based Code for the Arnold Mill area in the next six months they will provide similar flexibility as the CUP did in the past. Staff is proposing a new zoning district RR (Rural Residential) pursuant to RZ14-08 which is replacing the existing R-2 (Residential) District and believes that this newly created district will be a compromise between the proposed deleted CUP and the AG-1 district. As part of this memo, Staff has included a comparison chart to illustrate this point. 2 Comparison Chart Development Standard CUP District (Existing) AG-1 District (Existing) RR District (Proposed) Rural Milton Overlay (If applicable) Minimum development area 10 acres None None Height 40 feet 40 feet 2 stories, 28 feet 2 stories, 28 feet Minimum Lot Area Proposed by applicant 1 acre 1 acre Minimum lot width at building line Proposed by applicant 100 feet 150 feet Minimum development frontage 35 feet None 150 feet Minimum lot frontage 20 feet 35 feet 35 feet Minimum heated floor area Proposed by applicant None Proposed by applicant Minimum perimeter setback Proposed by applicant None 50 feet, not including road frontages Minimum front yard Proposed by applicant 60 feet 20 feet Minimum side yard Proposed by applicant 25 feet 50 feet between structures and not less than 10 feet from property line Minimum side yard adjacent to a street Proposed by applicant 40 feet 30 feet Minimum rear yard Proposed by applicant 50 feet 40 feet Lot coverage None none 20% 20% Open space or recreational facilities 10 to 20 acres None None 550 square feet per unit Open space or recreational facilities more than 20 acres 550 square feet per acre None 1,000 square feet per acre Ganged Mailboxes None None Yes Yes Rural Viewshed None None Yes, 40 foot undisturbed and 20 foot no improvement setback along “exterior roads” Yes, 40 foot undisturbed and 20 foot no improvement setback along “exterior roads” Architectural Review None None Yes, for lots adjacent to exterior streets Yes, for lots adjacent to exterior streets 3 In regards to the NUP (Neighborhood Unit Plan), this district requires that the development be a minimum of 4 acres and no larger than 12 acres in size. This is the “smaller” version of the CUP district. Similar to the CUP, it has historically provided flexibility for smaller tracts of land, but the newly adopted Form Based Codes provides for this flexibility and therefore Staff is of the recommends this district be deleted. 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 text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (June, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ14-05 and RZ14-06 DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT RZ14-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 1 of 3 7/1/20146/30/20146/27/2014 DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT Sec. 64-894. Scope and intent. Sec. 64-895. Use regulations. Sec. 64-896. Development plan. Sec. 64-897. Development standards. Sec. 64-898. Other regulations. Secs. 64-899—64-917. Reserved. Sec. 64-894. Scope and intent. (a) The regulations in this division are the CUP District regulations. Article IX should be cons ulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The CUP district identifies land areas for a variety of housing types within a planned community setting. (b) The CUP district is intended to: (1) Encourage the development of large tracts of land as planned communities. (2) Encourage flexible and creative concepts in site planning. (3) Preserve the natural amenities of the land by encouraging scenic and functional open areas. (4) Provide for an efficient use of land. (5) Provide a stable residential environment compatible with surrounding residential areas. (6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments. Sec. 64-895. Use regulations. Within the CUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by an administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Two-family dwelling. c. Triplex. d. Quadruplex. e. Townhouse. f. Multifamily residential. g. Day care facility located in a multifamily or community building, or place of worship. h. Golf, country club, pool and recreation court. i. Community facilities. DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT RZ14-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 2 of 3 7/1/20146/30/20146/27/2014 j. Place of worship. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. Sec. 64-896. Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezone is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development-related permits. (f) The location of all use areas shall be shown on the development plan, and the location on the ground shall be as shown on the development plan. Sec. 64-897. Development standards. (a) Height regulations. No single-family residential dwellings or accessory structures shall exceed 40 feet in height. The height of all other structures are as approved per the conditions of zoning. (b) Minimum land area per unit shall be as specified in conditions. (c) Minimum lot area per unit shall be as specified in conditions. (d) Minimum CUP size shall be ten contiguous acres. (e) Maximum density shall be as follows: (1) Single-family dwelling: 5.0 units per gross acre. (2) Multifamily dwelling: 9.0 units per gross acre. (f) Minimum lot width. There shall be none, unless specified in conditions. (g) Minimum CUP development frontage shall be 35 feet. (h) Minimum lot frontage shall be 20 feet adjoining a street. (i) Minimum heated floor area per unit shall be as specified in conditions. (j) Minimum perimeter setback (entire CUP development) shall be as specified in conditions. (k) Minimum interior setbacks (single-family lots): (1) Minimum front yard shall be as specified in conditions. DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT RZ14-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 3 of 3 7/1/20146/30/20146/27/2014 (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (l) Minimum accessory structure requirements: (1) Single-family and two-family uses. Accessory structures may be located within the side or rear yards subject to perimeter and minimum yard setbacks. (2) Multifamily uses. Accessory structures may be located in the rear yard only but shall not be located within a minimum yard. (m) Minimum building separation (more than one dwelling per lot). All building separations shall be as specified by the city's building code. (n) Other minimum standards. (1) Setbacks and roof lines shall be varied by at least two feet so that no more than three adj oining dwelling units within a single building shall have the same front setback or roof line. (2) Common outdoor area consisting of not less than 550 square feet per unit shall be provided for recreation in all developments of 20 or more acres. (3) Land area proposed for open space or recreation shall be allocated among the use areas in proportion to the ratio of a neighborhood population to the total CUP population so that acreage devoted to open space is reasonably accessible to all residents. (4) Multifamily uses shall not be located along the perimeter except adjacent to or across a street from an existing multifamily or more intense use. (5) Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owners areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the director of the community development department. (6) Multifamily units shall not exceed 25 percent of the total number of dwelling units in a CUP. Sec. 64-898. Other regulations. The following headings contain some additional, but not all, provisions applicable to the CUP district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations of the TR, A or A-L district shall apply, as corresponding: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-899—64-917. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-05 AN ORDINANCE TO DELETE ARTICLE VI, DIVISION 23, CUP (COMMUNITY UNIT PLAN) 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 deletion of Article VI, Division 23, CUP (Community Unit Plan) 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 21st day of July, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) ME HOME OF'. HE T ;i iT r : JFF I G O GIS. MI -L I TON% ESTABLISHED 1006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-06 — To Amend Article VI, Division 24 — NUP (Neighborhood Unit Plan) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (x- YES O NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY XAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS In you(n PHONE: 678.242.25001 FAX: 678.242.2499 r arwq Gr- eeI"1 - * Certified t fop sou infoC�cityofmiltonga.us j www.cityo#miltonga.us Community Eity,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 June 30, 2014 for the July 21, 2014 Regular Meeting (July 7, 2014 First Presentation and July 14, 2014 for Council Work Session) Re: Consideration of RZ14-05 – CUP and RZ14-06 - NUP – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: The proposed deletion of the CUP (Community Unit Plan) District and the NUP (Neighborhood Unit Plan) District is in response to the Zoning Moratorium that is currently in place for these two zoning districts. The reasoning behind the proposed deletion of the CUP district is so that Staff can guide the development community to a more reasonable development when it involves un-sewered areas of the City. Currently, the applicant can request almost any minimum setbacks and there is a perception that by drastically reducing the setbacks, the development yields additional lots. In addition, there is a misconception that non-residential and multi-family uses are permitted by right. The CUP district was intended to provide flexibility to a large parcel. A good example is the Crooked Creek subdivision on Hwy 9 where there are “pods” of development with various size parcels and setbacks. This was accomplished through one zoning district instead of the developer requesting various ones to accomplish the same result. Since the City adopted the Form Based Code for the Crabapple and Hwy 9 areas and will be working on a Form Based Code for the Arnold Mill area in the next six months they will provide similar flexibility as the CUP did in the past. Staff is proposing a new zoning district RR (Rural Residential) pursuant to RZ14-08 which is replacing the existing R-2 (Residential) District and believes that this newly created district will be a compromise between the proposed deleted CUP and the AG-1 district. As part of this memo, Staff has included a comparison chart to illustrate this point. 2 Comparison Chart Development Standard CUP District (Existing) AG-1 District (Existing) RR District (Proposed) Rural Milton Overlay (If applicable) Minimum development area 10 acres None None Height 40 feet 40 feet 2 stories, 28 feet 2 stories, 28 feet Minimum Lot Area Proposed by applicant 1 acre 1 acre Minimum lot width at building line Proposed by applicant 100 feet 150 feet Minimum development frontage 35 feet None 150 feet Minimum lot frontage 20 feet 35 feet 35 feet Minimum heated floor area Proposed by applicant None Proposed by applicant Minimum perimeter setback Proposed by applicant None 50 feet, not including road frontages Minimum front yard Proposed by applicant 60 feet 20 feet Minimum side yard Proposed by applicant 25 feet 50 feet between structures and not less than 10 feet from property line Minimum side yard adjacent to a street Proposed by applicant 40 feet 30 feet Minimum rear yard Proposed by applicant 50 feet 40 feet Lot coverage None none 20% 20% Open space or recreational facilities 10 to 20 acres None None 550 square feet per unit Open space or recreational facilities more than 20 acres 550 square feet per acre None 1,000 square feet per acre Ganged Mailboxes None None Yes Yes Rural Viewshed None None Yes, 40 foot undisturbed and 20 foot no improvement setback along “exterior roads” Yes, 40 foot undisturbed and 20 foot no improvement setback along “exterior roads” Architectural Review None None Yes, for lots adjacent to exterior streets Yes, for lots adjacent to exterior streets 3 In regards to the NUP (Neighborhood Unit Plan), this district requires that the development be a minimum of 4 acres and no larger than 12 acres in size. This is the “smaller” version of the CUP district. Similar to the CUP, it has historically provided flexibility for smaller tracts of land, but the newly adopted Form Based Codes provides for this flexibility and therefore Staff is of the recommends this district be deleted. 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 text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (June, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ14-05 and RZ14-06 DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) Page 1 of 3 7/1/20146/30/2014 DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT Sec. 64-918. Scope and intent. Sec. 64-919. Use regulations. Sec. 64-920. Development plan. Sec. 64-921. Development standards. Sec. 64-922. Other regulations. Secs. 64-923—64-941. Reserved. Sec. 64-918. Scope and intent. (a) The regulations set forth in this division are the NUP district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The NUP district is intended to provide land areas devoted to low to medium density single-family residential uses of five or fewer units per acre consistent with the densities ranges suggested on the comprehensive plan land use map. The NUP district is intended to encourage: (1) The development of medium sized tracts of land as planned neighbo rhoods or the development of vacant parcels of land with transitional densities in builtup areas; (2) The preservation of trees and vegetation; and (3) Innovative site planning. (b) Land proposed for a NUP shall comply with the following standards: (1) Provide a density that is consistent with the plan densities and surrounding properties. (2) Protect neighboring properties by requiring peripheral setbacks and development standards compatible with adjacent developments as required by the district standards and the conditions of zoning. Sec. 64-919. Use regulations. Within the NUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Recreation facilities associated with single-family development. (2) Accessory uses. A structure or land may be used for uses customarily incide ntal to any permitted use and a dwelling may be used for a home occupation. Sec. 64-920. Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for NUP rezoning requests. DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) Page 2 of 3 7/1/20146/30/2014 (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezo ne is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development related permits. (f) The location of all use areas shall be shown on the development plan, and location on the ground shall be as shown on the development plan. Sec. 64-921. Development standards. (a) Height regulations. No building shall exceed 40 feet in height. (b) Minimum lot area per unit shall be 4,000 square feet. (c) NUP size shall be as follows: (1) Minimum four contiguous acres. (2) Maximum 12 contiguous acres (d) Maximum density shall be 5.0 units per gross acre. (e) Minimum lot width. The shall be none unless specified in conditions. (f) Minimum development frontage shall be 35 feet. (g) Minimum lot frontage shall be 20 feet adjoining a street. (h) Minimum heated floor area per unit shall be 1,000 square feet detached. (i) Minimum perimeter setback for the entire NUP development. When adjacent to single -family zoning/use or AG-1 zoned property, a 40-foot setback shall be provided around the periphery of the development including access drives serving more than one lot, principal and accessory structures and swimming pools. Other yard improvements and access/utility crossings are permitted. (j) Minimum interior setbacks: (1) Minimum front yard shall be as specified in conditions. (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (k) Minimum interior building separations. To place a building along an interior side lot line at between zero and seven feet shall require an encroachment and maintenance easement allowing a minimum of seven feet of access to such buildings. A minimum buildin g separation of 14 feet shall be maintained. (l) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards, but shall not be located within a minimum rear yard except that detached garages may locate along a rear lot line at between zero and seven feet with an encroachment and maintenance easement allowing a minimum of seven feet of access to the garage. Sec. 64-922. Other regulations. The following headings contain some additional, but not all, provisions applica ble to the NUP district: DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) Page 3 of 3 7/1/20146/30/2014 (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations of the TR district shall apply to townhouse development: article III of this zoning ordinance. (7) River protection. Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-923—64-941. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-06 AN ORDINANCE TO DELETE ARTICLE VI, DIVISION 24, NUP (NEIGHBORHOOD UNIT PLAN) 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 deletion of Article VI, Division 24, NUP (Neighborhood Unit Plan) 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 21st day of July, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) T HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-07 — To Amend Article VI, Division 13 — TR (Townhouse Residential) District. MEETING DATE: Monday, July 7, 2414 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: YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR.- REMARKS OR: REMARKS Y) APPROVED {) NOT APPROVED () NO () NO O NOT APPROVED 6Io-714 11 © jp Your 1 - *** PHONE: 678.242.25001 FAX: 678.242.2499 ne w GV-0"Or� � ;certified ; i°a iou infof�cityofmiitonga.us I www.cityofmiitonga.us '""' CommunityErhf 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ''�` To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 30, 2014 for the July 21, 2014 Regular Meeting (July 7, 2014 First Presentation and July 14, 2014 for Council Work Session) Re: Consideration of RZ14-07 – TR – Text Amendment Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: The proposed amendment of the TR (Townhouse Residential) District is in response to the Zoning Moratorium that is currently in place for this zoning district. Currently the way that the district is written, detached single family residences are permitted. In the past, this has caused confusion with the public. It is assumed that only townhouse products are permitted to be developed. With the proposed amendment, Staff has deleted the allowance of detached single family units to be developed. The existing R-5A (Residential) district provides the comparable district that the TR allowed for detached single family development. Staff has also included some additional development requirements such as open space, rear loaded units adjacent to exterior streets, and height requirement to be consistent with other residential districts recently or concurrently being amended. It is Staff’s opinion that this would not create any future problems for the development community. In addition, the Form Based Code in the Hwy 9 and Crabapple areas provide the needed tools to develop a townhouse product. The only area of the City that is not within the Form Based Code areas and would have potential rezoning to a TR district is Bethany Bend between Hwy 9 and Morris Road. Funding and Fiscal Impact: None anticipated. 2 Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (June, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendment and Ordinance for RZ14-07 DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT RZ14-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 1 of 3 7/1/20146/30/2014 DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT Sec. 64-667. Scope and intent. Sec. 64-668. Use regulations. Sec. 64-669. Development standards. Sec. 64-670. TR district subdivision. Sec. 64-671. Other regulations. Secs. 64-672—64-690. Reserved. Sec. 64-667. Scope and intent. The regulations set forth in this division are the TR district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The TR district is intended to provide land areas devoted to medium high density uses consisting of single- family and multifamily dwellings. Land areas zoned TR are further intended to provide a transition between low medium density and higher density residential areas or between lowhigh density residential and nonresidential areas. The TR district is intended to: (1) Encourage the provision of usable open space and recreation areas as part of a living environment. (2) Be located primarily in areas near or adjacent to single-family areas. (3) Be located so as to provide a transition between single-family areas and nonresidential areas. (4) Be located near retail shopping and m ajor thoroughfares. (5) Encourage homeownership. Sec. 64-668. Use regulations. Within the TR district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. a.b. Two-family dwelling. Duplex b.c. Triplex. c.d. Quadruplex. d.e. Townhouse. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT RZ14-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 2 of 3 7/1/20146/30/2014 Sec. 64-669. Development standards. (a) Height regulations. No building shall exceed 40 feet in height.There shall be a maximum height limit of three stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (b) Minimum lot area or land area per unit shall be 2,000 square feet. (c) Maximum density shall be nine units per gross acre. (d) Minimum lot width shall be 2025 feet. (e) Minimum TR development frontage shall be 35150 feet. (f) Minimum lot frontage shall be 20 feet adjoining a street, except up to 35 feet may be required whenever the director of public works requires the extra width to protect catchbasins. (g) Minimum heated floor area per unit shall be 1,1001,800 square feet. (h) Minimum perimeter setbacks for the entire TR development shall be as follows: (1) Minimum front yard: 40 feet. (2) Minimum side yard. a. Adjacent to interior line: 30 feet. b. Adjacent to street: 40 feet. (3) Minimum rear yard: 35 feet. (i) Minimum interior setbacks when one building per lot shall be as follows: (1) Minimum front yard: 20 feet from right-of-way. (2) Minimum side yard. a. Seven feet adjacent to interior lot line, except that up to a seven-foot encroachment and maintenance easement may be provided on adjacent parcels, in combination with or in lieu of a side yard, such that a minimum building separation of 14 feet is maintained. b. Zero if units are attached, for example, townhouses on separate lots of record. c. Adjacent to street: 15 feet. (3) Minimum rear yard: 25 feet. (ji) Minimum accessory structure requirements. Single-family and two-family uses. Accessory structures may be located in the rear and side yards only but shall not be located within a minimum yard. Townhouse accessory structures may be located within the side or rear yards only but not within minimum perimeter setbacks or minimum yards. (kj) Maximum lot coverage. The area of the footprint of all buildings and parking shall not exceed 50 percent of the total land area. (k) Required open space or recreational facilities. For each unit, a minimum of 1,000 square feet shall be required within the development. (l) Minimum building separation when more than one building per lot. All building separations shall be as specified by the city's building code. (m) Other minimum standards shall be as follows: (1) No more than 206 dwelling units shall form a single building. (2) Setbacks and roof lines shall be varied by at least two feet so that no more than three adjoining dwellings within a single building shall have the same front setback or roof line. DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT RZ14-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 3 of 3 7/1/20146/30/2014 (3) A minimum of 80% of common wall shall be contiguous with each adjoining unit. (4) When units adjoin an exterior street: i.) they shall provide rear loaded vehicular access and; ii.) the front façade shall face the exterior street of the development. (5) Each unit shall provide two off street parking spaces within the principle structure. Sec. 64-670. TR district subdivision. In the TR zoning district, dwellings proposed to be sold with the lot upon which the dwelling is located shall comply with the subdivision regulations of the city. Sec. 64-671. Other regulations. The following headings contain provisions applicable to the TR district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-672—64-690. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-07 AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 13, TR (TOWNHOUSE RESIDENTIAL) 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 July 21, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article VI, Division 13, TR (Townhouse Residential) 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 21st day of July, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-08 — To Amend Article VI, Division 4 — R-2 (Single Family Residential) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES () NO CITY ATTORNEY REVIEW REQUIRED: M YES () NO APPROVAL BY CITY ATTORNEY {APPROVED O NOTAPPROVED PLACED ON AGENDA FOR: 0-70 '7 1 q REMARKS in Your *** PHONE: 678.242.25001 FAX: 678,242.2499INCE :n Green Inp info@cityofmilfonga.us I www.cifyofmilfonga.us' Community `i� FC5 y� 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 June 30, 2014 for the July 21, 2014 Regular Meeting (July 7, 2014 First Presentation and July 14, 2014 for Council Work Session) Re: Consideration of RZ14-08 – R-2 – Text Amendment Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: The proposed amendment to the R-2 (Single Family Residential) district is in response to the Zoning Moratorium that is currently in place. First, Staff is recommending that a new zoning district, RR (Rural Residential) district replace the existing R-2 (Single Family Residential) district. The existing district is similar to the AG-1 district with the exception of requiring smaller side and rear minimum yard setbacks. It is Staff’s opinion that this newly created district will be a compromise between the proposed deleted CUP and the AG-1 district as discussed in the Staff Memo for RZ14-05. Staff has included a comparison chart to illustrate the differences between the RR, CUP, and AG-1 districts for your review. Comparison Chart Development Standard CUP District (Existing) AG-1 District (Existing) RR District (Proposed) Rural Milton Overlay (If applicable) Minimum development area 10 acres None None Height 40 feet 40 feet 2 stories, 28 feet 2 stories, 28 feet Minimum Lot Area Proposed by applicant 1 acre 1 acre Minimum lot width at building line Proposed by applicant 100 feet 150 feet Minimum development frontage 35 feet None 150 feet 2 Development Standard CUP District (Existing) AG-1 District (Existing) RR District (Proposed) Rural Milton Overlay (If applicable) Minimum lot frontage 20 feet 35 feet 35 feet Minimum heated floor area Proposed by applicant None Proposed by applicant Minimum perimeter setback Proposed by applicant None 50 feet, not including road frontages Minimum front yard Proposed by applicant 60 feet 20 feet Minimum side yard Proposed by applicant 25 feet 50 feet between structures and not less than 10 feet from property line Minimum side yard adjacent to a street Proposed by applicant 40 feet 30 feet Minimum rear yard Proposed by applicant 50 feet 40 feet Lot coverage None none 20% 20% Open space or recreational facilities 10 to 20 acres None None 550 square feet per unit Open space or recreational facilities more than 20 acres 550 square feet per acre None 1,000 square feet per acre Ganged Mailboxes None None Yes Yes Rural Viewshed None None Yes, 40 foot undisturbed and 20 foot no improvement setback along “exterior roads” Yes, 40 foot undisturbed and 20 foot no improvement setback along “exterior roads” Architectural Review None None Yes, for lots adjacent to exterior streets Yes, for lots adjacent to exterior streets The proposed RR (Rural Residential) district development standards allow the developer to have flexibility in designing the development. For example, if there is a specimen tree or a problem with percolation of the property for septic, the house placement can be moved as close as 10 feet from the side property line, but the adjacent lot must provide a minimum of 40 feet for a total building separation of 50 feet which is consistent with a traditional AG-1 minimum 25 foot side setback for each lot. For front and rear minimum setbacks, Staff has proposed 20 feet and 40 feet respectively. To ensure protection of adjacent developments or lots, a 50 foot perimeter setback is required. With this flexibility, but not as flexible as the CUP district, Staff believes a 3 development can be constructed that further preserves trees, tree lines, or other significant natural features of the property. Another addition to the proposed district is the rural viewshed and minimum lot coverage not to exceed 20 percent. Lastly, Staff is recommending that open space or recreational facilities be required based on the size of the development. 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 text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (June, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendment and Ordinance for RZ14-08 DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 1 of 3 7/1/20147/1/20146/30/2014 DIVISION 4. R-2RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT Sec. 64-460. Scope and intent. Sec. 64-461. Use regulations. Sec. 64-462. Development standards. Sec. 64-463. Other regulations. Secs. 64-464—64-482. Reserved. Sec. 64-460. Scope and intent. The regulations set forth in this division are the R-2Rural Residential district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The R-2Rural Residential district is intended to provide land areas devoted to very low density residential uses. It is also intended to: (1) Preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, preservation of trees and vegetation; (2) To be aware and respectful of the environment’s natural resources and visual qualities; (3) To preserve trees and open space through innovative site planning. . The district also provides for closely related uses. (4) To encourage inter-parcel access to adjacent properties and provide interior block structure circulation within the development. Sec. 64-461. Use regulations. Within the Rural Residential R-2 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (3) Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 2 of 3 7/1/20147/1/20146/30/2014 b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. Sec. 64-462. Development standards. (a) Height regulations. No building shall exceed 40 feet in 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. (b) Minimum lot area per unit shall be one acre. (c) Minimum lot width shall be 150 feet. (d) Minimum Rural Residential development frontage shall be 150 feet. (e) Minimum lot frontage shall be 35 feet adjoining a street. (f) Minimum heated floor area per unit shall be as specified in conditions. (g) Minimum perimeter setback (entire Rural Residential development) shall be 50 feet not including exterior road frontages. (h) Minimum 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 und isturbed 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. (i) 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 m eet the intent of Section 64-1155. (j) Minimum interior setbacks: (1) Minimum front yard shall be a minimum of 20 feet. (2) Minimum side yard shall not exceed 50 feet between primary structures and not less than 10 feet from the property line. (3) Minimum side yard adjacent to a street shall be a minimum of 30 feet. (3) Minimum rear yard shall be a minimum of 40 feet. (k) Lot coverage shall not exceed twenty percent (20%) (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be one acre. (f) Minimum lot width shall be 150 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 1,600 square feet on ground level; (2) For two-story dwelling: 1,800 square feet; or DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 3 of 3 7/1/20147/1/20146/30/2014 (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (n) Other minimum standards. (1) Open space or recreational facilities consisting of not less than 550 square feet per unit shall be provided for in all developments of 10 acres to 20 acres. (2) Open space or recreational facilities consisting of not less than 1,000 square feet per unit shall be provided in all developments of more than 20 acres. (3) Land area proposed for the open space or recreational facilities shall be allocated among the use areas in proportion to the ratio of a neighborhood populatio n to the total Rural Residential district population so that acreage devoted to open space is reasonably accessible to all residents. Size and location of open space or recreational facilities shall be approved by the community development director. (4) Provide area(s) for a covered ganged mail box kiosk and shall be consistent with overall architectural style of the community. (j) Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, article V (subdivision regulations). Chapter 50, article V, conservation subdivision, is currently reserved. Sec. 64-463. Other regulations. The following headings contain provisions applicable to the R-2 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2, of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-464—64-482. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-08 AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 4, R-2 (SINGLE FAMILY RESIDENTIAL) 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 July 21, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article VI, Division 4, R-2 (Single Family Residential) 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 21st day of July, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) ma HOME OF ' ESTAM-lSHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-09 — To Amend Article VI, Division 5 — R -2A (Single Family Residential) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES ( NO CITY ATTORNEY REVIEW REQUIRED: () YES kNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR,- REMARKS OR: REMARKS A -C-0 r".M era -11-0 l t) / !7 04D 2A-wra-t.. N �. ,ted q--1 w, Certified PHONE: 678.242.25001 FAX: 678.242.2499 Green infoOcityofmiitonga.us I www.cityofmiltonga.us Community 1 Erht� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 30, 2014 for the July 21, 2014 Regular Meeting (July 7, 2014 First Presentation and July 14, 2014 for Council Work Session) Re: Consideration of RZ14-09 – R-2A – Text Amendment Department Recommendation: The Community Development Department recommends Withdrawal of the proposed text amendment based on the fact there is not a need to amend this zoning district. It was inadvertently included in the districts under the Zoning Moratorium currently in place. Executive Summary: None Funding and Fiscal Impact: None anticipated. Alternatives: None Legal Review: None Concurrent Review: None Attachment(s): None HOME OF -�F " rr A ITY >>F LIFE. IN GFDtC�IA' M. LTON, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014, and for Other Purposes. MEETING DATE: Monday, July 7, 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: K YES () NO CITY ATTORNEY REVIEW REQUIRED: YES ONO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: (} -1 n -7),f REMARKS (f 4 ® * YOUM 'y% PHONE: 678.242.25001 FAX: 678.242.2499 �,-Green ; Cmifie info@cityofmiltonga.us I www.cityofmiltonga.us Commu1.nity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 °` E "`` a< To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 20, 2014 for the July 7, July 21 and August 4, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014; and for Other Purposes. ____________________________________________________________________________ Department Recommendation: Adopt the ordinance to establish the ad valorem tax rate of the City of Milton for fiscal year 2014. Executive Summary: The Taxpayers Bill of Rights, in effect since 2000, requires the City to advertise a property tax increase if the millage rate is not fully rolled back to offset inflationary reassessments to existing property values. The impact of the reassessments this past year resulted in a property tax increase of 4.17 %. When coupled with the upsurge in the digest for newly improved properties, the overall taxes levied will be 8.1% higher than 2013. Three public hearings will be held to allow the public the opportunity to provide their input. The first public hearing will be held on July 7th, where the first presentation of the Ordinance to establish the millage rate will also be sounded. The second public hearing will be held on July 21 st. The final public hearing will be held on August 4th, where the Ordinance will also be considered for adoption. Funding and Fiscal Impact: The property tax revenues were estimated to be $8,050,000 in the fiscal year 2014 budget. The total amount of property taxes to be levied, excluding motor vehicle tax, is roughly $9,473,509. To meet the budget estimates, the collection rate will have to exceed 85%. Given that the collection rate over the past two years has been around 95%, we shouldn’t have a problem meeting the projected budget numbers. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Advertisement - Current 2014 Tax Digest and Five Year History of Levy Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2014; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the City of Milton, Georgia calculated a rollback millage rate as defined within State of Georgia law, demonstrating the proposed millage rate is less than the rollback millage rate; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2014 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Incorporated City of Milton Real & Personal 2,138,900,336 2,053,385,022 1,976,153,262 2,002,141,290 1,991,826,430 2,156,608,276 Motor Vehicle 115,598,780 101,093,870 104,790,450 116,670,630 125,271,430 110,057,590 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 6,748 6,584 6,584 0 0 0 Gross Digest 2,254,505,864 2,154,485,476 2,080,950,296 2,118,811,920 2,117,097,860 2,266,665,866 Less M & O Exemptions 150,643,390 158,169,430 163,889,783 161,283,460 162,615,270 154,175,700 Net M & O Digest 2,103,862,474 1,996,316,046 1,917,060,513 1,957,528,460 1,954,482,590 2,112,490,166 Gross M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Less Millage Rate Rollbacks 0 0 0 0 0 0 Net M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Net Taxes Levied 9,953,373 9,444,571 9,069,613 9,261,067 9,246,657 9,994,191 Net Taxes $ Increase 249,783 (508,802)(374,958)191,454 (14,410)747,534 Net Taxes % Increase 2.6%-5.1%-4.0%2.1%-0.2%8.1% CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 13000 Deerfield Pkwy, Milton, Georgia on August 4, 2014 at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax diegest and levy for the past five years. Current 2014 Tax Digest and Five Year History of Levy 2009 2010 2011 2012 2013 2014 MAW HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180 Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014 Highway 9 North Vision Area. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER: PYAPPROVED CITY ATTORNEY APPROVAL REQUIRED: 'KYES CITY ATTORNEY REVIEW REQUIRED: X YES APPROVAL BY CITYATTORNEY PLACED ON AGENDA FOR.- REMARKS OR: REMARKS APPROVED 0'7 0'1 i`F © () NOT APPROVED () NO () NO O NOT APPROVED YOUED PHONE: 678.242.2500 J FAX: 678.242.2499Glreen r�i■ v i Certified * 1ou 7U0 � info@cityofmilfonga.us I www.6tyofmiltonga.us _ . C011nlrnunity of 13000 Deerfield Parkway, Suite 107 1 Mi€ton GA 30004 ` - CERTIFIED 6AONZF 9� 1 A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING A MORATORIUM FOR 180 DAYS TO BAR THE ACCEPTANCE OF ANY REZONING APPLICATIONS FOR PROPERTY LOCATED IN THE 2014 HIGHWAY 9 VISION AREA WHEREAS, Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate development within the City limits through zoning; and WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”) divides property within the city into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, on June 2, 2014 the City approved a State Route 9 North Vision Plan (“Vision Plan”) that reflects the City’s intent and 'vision' with respect to planning and zoning for development and use of property in the Hwy 9 area as defined in the Vision Plan (“Covered Property”); and WHEREAS, the City is of the opinion and belief that at the present time the Milton zoning code is not equipped with the tools necessary to ensure the Council's 'vision' for the areas within the Vision Plan and Covered Property to be realized; and WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to the adoption of development standards and requirements for Covered Property; and WHEREAS, on June 9, 2014 the Milton City Council adopted an emergency moratorium barring for 30 days the acceptance of any rezoning applications for Covered Property until such time as a longer moratorium could be considered by the City Council after a public hearing meeting the standards of Georgia’s Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq. (“ZPL”); and WHEREAS, on July 7, 2014, after publication of legal notice in compliance with Georgia’s ZPL, the City conducted a public hearing on a moratorium barring for 180 the acceptance of any rezoning applications for Covered Property while the City considers the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for Covered Property; and WHEREAS, the City finds a moratorium barring for 180 days the acceptance of any rezoning applications for Covered Property to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby enact a moratorium to bar the acceptance of any rezoning applications for the Covered Property pursuant to the City’s zoning ordinance. 2 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) 180 days from the date of adoption of this Resolution; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for the Covered Property. 3. The moratorium imposed herein does not limit the ability of property owners to develop their land as currently zoned or permitted. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 7th day of July, 2014. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk HOME OF ' �LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-10/VC14-01 — 13941, 13943, 13945 Highway 9 North (east side) by Phoenix Senior Living, LLC Containing 5.3 Acres Currently Zoned 0-1 (Office -Institutional) to 0-1 (Office -Institutional) to Develop a 74,000 Square Foot Assisted Living/Memory Care Facility (86 units) and a Concurrent Variance to Increase the Height of the Building from 2 Stories and 30 feet from Average Grade to the Eave to 3 Stories and 36 feet to the Eave. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: OAPPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES CITY ATTORNEY REVIEW REQUIRED. OYES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS 0 APPROVED O NOT APPROVED {) NO () NO () NOT APPROVED D'7 o7 1q 44 - ® YouE PHONE: 678.242.25001 FAX: 678.242.2494 rre�+�iwiw G���1<� �► ; c�«<r.ed ; °� info@cityofmilfonga.us I www.cityofmiltonga.us Community�`5 f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 1 of 27 RZ14-10/VC14-01 RZ14-10/VC14-01 PROPERTY INFORMATION ADDRESS 13941, 13943, 13945 Hwy 9 (East Side) DISTRICT, LAND LOT 2/2 831 OVERLAY DISTRICT State Route 9 and Deerfield/Highway 9 Form-Based Code EXISTING ZONING O-I (Office Institutional) – RZ07-10 PROPOSED ZONING O-I (Office Institutional) ACRES 5.3 EXISTING USE Undeveloped and Vacant Single Family Residential PROPOSED USE Assisted Living/Memory Care Facility (86 Units) PETITIONER Phoenix Senior Living, LLC – Jesse Marinko ADDRESS 114 Townpark Drive, Suite 400 Kennesaw, GA 30144 770-877-1843 OWNER ARG QUALITY PROPERTIES ADDRESS 3630 Peachtree Road, Suite 1050 Atlanta, GA 30326 COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 25, 2014 RZ14-10 – APPROVAL CONDITIONAL VC14-01 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – JUNE 25, 2014 RZ14-10 – APPROVAL CONDITIONAL 6-0 VC14-01 – APPROVAL CONDITIONAL 6-0 INTENT To rezone from O-I (Office-Institutional) to O-I (Office-Institutional) to develop a 74,000 square foot assisted living/memory care facility (86 units) and a concurrent variance to increase the height of the building from 2 stories and 30 feet from average grade to the eave to 3 stories and 36 feet from average grade to the eave (Sec 64-1095(m)) Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 2 of 27 RZ14-10/VC14-01 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 3 of 27 RZ14-10/VC14-01 CURRENT ZONING MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 4 of 27 RZ14-10/VC14-01 CURRENT FORM-BASED OVERLAY DISTRICT MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 5 of 27 RZ14-10/VC14-01 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 6 of 27 RZ14-10/VC14-01 HWY 9 NORTH VISIONING STUDY AREA Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 7 of 27 RZ14-10/VC14-01 Revised Site Plan Submitted on June 18, 2014 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 8 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING NORTHEAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT, HWY 9 FAR LEFT/BOTTOM SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 9 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUBJECT SITE LEFT, HWY 9 RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 10 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUPERIOR INDOOR COMFORT, INC LEFT, SUBJECT SITE CENTER/RIGHT AND HWY 9 RIGHT/BOTTOM VIEW ACROSS THE STREET FROM SUBJECT SITE FACING SOUTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 11 of 27 RZ14-10/VC14-01 VIEW ACROSS THE STREET FROM SUBJECT SITE FACING NORTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 12 of 27 RZ14-10/VC14-01 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 13 of 27 RZ14-10/VC14-01 EXISTING USES AND ZONING OF NEARBY PROPERTY 4 1 3 5 6 8 10 9 2 11 7 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 14 of 27 RZ14-10/VC14-01 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area South 1 RZ06-096 (11-15-2006) C-1 (Community Business) CVS Pharmacy 5,690 sq. ft./acre or total of 34,282 sq. ft. West 2 RZ04-022 (05-05-2004) C-1 (Community Business) Commercial Strip Center 7,314.03 sq. ft. /acre or total 9,468 sq. ft. West 3 AG-1 AG-1 (Agricultural) Undeveloped n/a North 4 RZ88-100 (07-06-1988) M-1 (Light Industrial) Air Conditioning Business 4,151 sq. ft./acre or total 8,800 sq. ft. Northwest 5 RZ00-052 (08-02-2000) C-1 (Community Business) Daycare Center 4,771.25 sq. ft./acre or total 14,600 sq. ft. on 3.06 acres North 6 AG-1 AG-1 (Agricultural) Undeveloped n/a East 7 AG-1 AG-1 (Agricultural) Bellemeade Farms Subdivision 1 unit/acre (Est. 3,000 sq/ft) North 8 RZ88-023 (03-02-1988) C-2 (Community Business) Landscaping Supply Business 8,040 sq. ft. per acre or total 24,600 sq. ft. Northwest 9 AG-1 AG-1 (Agricultural) Agricultural Apple Orchard n/a North 10 AG-1 AG-1 (Agricultural) Undeveloped n/a North 11 RZ95-150 (1995) R-4A (Residential) Lake Laurel Subdivision 2.2 units/acre 2,400 sq. ft. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 15 of 27 RZ14-10/VC14-01 SUBJECT SITE: The subject site contains 5.3 acres and is undeveloped with a vacant house. The subject site was rezoned O-I (Office Institutional) pursuant to RZ07-10 for 28,104 square feet at a density of 5,332 square feet per acre of general office for the four parcels. However, the two parcels to the south (1.64 acres) were rezoned to T-5 Urban Center Zone Form-Based Code, while the two north parcels (3.66 acres) remained O-I. The Chart below provides a summary of the existing approved densities: Current Zoning Current Approved Density Height Proposed Zoning Two North Parcels 3.66 acres O-I (Office- Institutional) 19,515 Square Feet 2 stories (Required by Hwy 9 Overlay) Two South Parcels 1.64 acres T-5 Transect Zone (Form Based Code) 33,210 Square Feet 4 stories Requesting Variance for 3 stories (VC14-01) Entire Parcel 5.3 O-I (Office- Institutional) 52,725 Total Square Feet 74,000 Total Square Feet The applicant is requesting that the subject site be rezoned to increase the approved density for the underlying Office Institutional from 28,104 square feet to 74,000 square feet and a concurrent variance to increase the height from two stories and 30 feet from average grade to the eave to three stories and 36 feet from average grade to the eave. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 16 of 27 RZ14-10/VC14-01 Since the adoption of the Deerfield/Hwy 9 Form Based Code, there was a request to rezone from O-I (Office Institutional) to TR (Townhouse Residential) to develop 24 single family detached residences. Both the Staff and Planning Commission recommended denial based on the Future Land Use Plan recommendation of Mixed Use and the Form Based Code recommending T-5 which contemplates mixed use development for that portion of the site within the T-5 transect zone. The applicant withdrew the request without prejudice at the City Council Meeting on January 22, 2014. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on June 18, 2014, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-730 O-I (OFFICE-INSTITUTIONAL) AND SR 9 OVERLAY DISTRICT Requirements Subject Site Minimum lot frontage – 100 feet The lot exceeds the minimum requirement Maximum height – 60 feet or 4 stories, whichever is higher. Staff notes that the SR 9 Overlay District supersedes the underlying zoning requirement, thus the request for the concurrent variance. Also, the Deerfield/Hwy 9 FBC within T-5 allows up to four stories. The proposed building is three stories and from average grade to the roof eave is 36 feet. A concurrent variance will be discussed below. Minimum Front yard 40 feet from right-of-way Side Yard 20 feet Rear yard 25 feet Maximum lot coverage 70 percent of the total land area Landscape Strip along SR 9 20 feet Landscape Strip on north and south property lines 10 feet Undisturbed buffer and improvement setback along the east property line adjacent to AG-1 (SR 9 Overlay District) 75 foot and 10 foot improvement setback Parking: 1 space per 4 beds + 1 per 3 employees – 32 spaces required 36 spaces provided Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 17 of 27 RZ14-10/VC14-01 SR 9 Overlay District Requirements Based on all the requirements noted above, the site plan indicates compliance with the development standards for O-I (Office-Institutional) and the SR 9 Overlay District except for height. OTHER SITE PLAN CONSIDERATIONS It has been the City Council’s policy in the past where there has been development along Hwy 9 to provide a four board black equestrian fence, not exceeding 55 inches in height. More recently, the recommended design for the equestrian fence may include a column as described in the Hwy 9 Design Guidelines. The site is bisected between the traditional O-I zoning district with the SR 9 Overlay District and the Deerfield/Hwy 9 Form Based Code Overlay (FBC). Staff has reviewed the site and the building so that for the portion within the FBC, the development meets the intent of those standards as well as the portion within the SR 9 Overlay, the development meets those standards. Staff requested that the building be pushed forward to Hwy 9 as possible to be in keeping with the FBC. Although the rezoning process does not require architecture to be submitted, the applicant has worked with Staff including the City Architect to meet the requirements of the SR 9 Overlay District for the design of the building which is consistent with the FBC with exception of the allowed height. The applicant has submitted various designs and has responded to both the Design Review Board and the City Architect’s feedback to produce an aesthetically pleasing building. The rendering provided in the report reflects the latest iteration. Further work on the design will continue as the process continues. The final building design will be required to be presented to the Design Review Board prior to the issuance of a building permit. VC14-01 - To increase the height of the building from 2 stories and 30 feet from average grade to the eave to 3 stories and 36 feet from average grade to the eave (Sec 64-1095(m)) The proposed building’s height is three stories and 36 feet from average grade to the eave. The nature of assisted living facilities requires large amounts of square footage and thus the need for the increase in stories and height. On this site, by designing a building vertically, less of the site is negatively impacted with additional vegetation removed. Staff also notes that the T-5 Transect Zone permits buildings to be built up to four stories in height. The City Architect has worked closely with the applicant’s architect to present a building that is in keeping with the site as well as designing a building to blend in with the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 18 of 27 RZ14-10/VC14-01 It is Staff’s opinion that the applicant has demonstrated that: 1) Relief if granted, would not offend the spirit or intent of this zoning ordinance. The applicant has designed a building that works with the site and has preserved a large portion of the site with vegetation as well as the specimen trees as conditioned by the previous zoning for this site. Additionally, the O-I zoning district also allows buildings to be up to four stories in height. 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. When the original Livable Centers Initiative (LCI) Study area was determined and ultimately the area for the future Form Based Code, by the Atlanta Regional Commission, this site was bisected with multiple parcels and it was not know n that the parcels were under one ownership. If the line was “drawn” just north of the existing line, the entire site would be under the purview of the Deerfield/Hwy 9 Form Based Code and the request for the concurrent variance would not be needed. 3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. It is Staff’s opinion that if the site and the building are designed appropriately to ameliorate the effects of three stories, it will not cause a substantial detriment to the public good and surrounding properties. Based on this analysis, Staff recommends APPROVAL CONDITIONAL of VC14-01. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64-2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS The site is predominately pine trees with a hardwood stand along the northern property boundary. There are eleven specimen trees on site that will require recompense. The applicant has stated that three specimen trees will be removed, that consist of a 30” pine, 30” Oak and a 28” Oak. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 19 of 27 RZ14-10/VC14-01 Staff notes that in the previous rezoning pursuant to RZ07-10, a condition of zoning was included to preserve three trees on the site identified as 1, 5 and 6. The exhibit will be included at the end of the Staff Report. The applicant has stated that these trees will be saved. CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. This type of use will also be reviewed by the State Fire Marshal. PUBLIC WORKS 1. There are no improvements shown along SR 9 frontage 2. Pedestrian facilities on SR 9 not shown in accordance with City Code of Ordinances 3. Entrance location, striping and turn lanes subject to GDOT approval 4. Entrance configuration to be coordinated with projects PI 0007838 and PI 0012625 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 20 of 27 RZ14-10/VC14-01 FINANCIAL MODELING IMPACTS Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 21 of 27 RZ14-10/VC14-01 PUBLIC INVOLVEMENT On May 27, 2014 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were four members of the community in attendance. There were no specific comments made regarding the project. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Monday, June 2, 2014 at the Windward Kroger Community Room. The applicant’s report stated that no one appeared at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – June 3, 2014 Comments: Community would prefer a building with a non-institutional look. More of a bungalow style. Looking for something with depth and perspective. Needs more variations in façade. Consider multiple masses. Would not oppose a three story building if it fits the property. The subdivisions right behind the site and Lake Laurel may have issues with the proposed three story building. Renderings should show building on actual grade. Wait until new Hwy 9 North Form Based Code is completed before proceeding with the project. Work with the City Architect directly to come up with a product that the community can buy into. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed assisted living facility developed with 74,000 square feet and a density of 13,962 square feet per acre is suitable to the existing uses to the south and the north. To the east the required 75 foot undisturbed buffer and 10 foot improvement setback provides the necessary screening. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 22 of 27 RZ14-10/VC14-01 developments and zonings and to the Deerfield/SR 9 Form-Based Code Overlay District. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect the existing use or usability of the adjacent properties as described above based on the fact that to the north, the property is zoned M -1 (Manufacturing) developed with an air conditioning business and to the south it is developed with a CVS and potential future development to the south on the same parcel at the northeast corner of Hwy 9 and Bethany Bend. Although there are single family residences zoned AG-1 to the east, the required 75 foot buffer and 10 foot improvement setback will provide necessary screening to these homes. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does have a reasonable use as 5.3 acres currently zoned O-I (Office Institutional) 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: The two south parcels: Transitional Area as amended by Hwy 9/ GA 400 Area Master Plan. The two north parcels: Mixed use, two stories, form based code style – Hwy 9 North Visioning Plan - Proposed use/density: Assisted Living Facility / 13,962 square feet per acre The Milton City Council adopted the Comprehensive Plan in June, 2011. The Future Land Use Plan was amended for the two south parcels of subject site upon the adoption of the Hwy 9/GA 400 Area Master Plan in April, 2012. Per the Hwy 9/GA 400 Area Master Plan amendment, the two south parcels of subject site are Transitional for primarily small lot single family residential and limited neighborhood serving retail and office. These Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 23 of 27 RZ14-10/VC14-01 parcels were subsequently designated T5 Form-Based Code Overlay District to reflect the vision of the master plan. The two north parcels of subject site are within the North Hwy 9 Visioning Study which was approved on June 2, 2014 which recommends the area to be Mixed Use, two stories and to implement the form based code for future development. Based on the recent designation of the two south parcels of subject site to Form-Based Code T5 Overlay District which allows an assisted living facility, and the approved master plan for the two north parcels, the request to rezone to O-I (Office Institutional) is consistent with the future vision for subject site. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is consistent with nearby zonings and developments. Although only a portion of the site is within the Deerfield/SR 9 Form Based Code, the applicant has submitted a plan and provided architecture that is consistent with the Form Based Code. During the public hearings for the proposed single family residential development, the community voiced concern regarding a single family residential use and wanted to see more non-residential uses in this area to be consistent with the vision of the Hwy 9 North Visioning Study and the Form Based Code. In addition, the proposed use is consistent with the Deerfield/SR 9 Form Based Code. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ14-10. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. CONCLUSION Based on the fact that the proposed assisted living /memory care facility is a use that is consistent with the 2030 Comprehensive Future Land Use Plan and permitted uses within the Deerfield/Hwy 9 Form Based Code, Staff recommends APPROVAL CONDITIONAL of RZ14-01 and VC14-01. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 24 of 27 RZ14-10/VC14-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) 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 Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An assisted living/memory care facility with no more than 86 living units. b) No more than 74,000 square feet at a maximum density of 13,962 square feet per acre, whichever is less, based on the total acreage zoned. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 18, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. (VC14-01) b) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07-10) c) Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels identified as 22 424008810130, 22524008310370, 22 524008810098, and 22524008310537 into one parcel. d) Final design of the site and building to be approved by the City Architect. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 25 of 27 RZ14-10/VC14-01 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) 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 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 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. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 26 of 27 RZ14-10/VC14-01 d) Modify site plan to provide a minimum 26 foot wide cross-access drive aisle within a 50 foot access easement for future vehicular and pedestrian inter-parcel access on the north and south property lines or as may be approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance permit application. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 27 of 27 RZ14-10/VC14-01 ORDINANCE NO._______ PETITION NO. RZ14-10/VC14-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM O-I (OFFICE-INSTITUTIONAL) TO O-I (OFFICE- INSTITUTIONAL) FOR AN 86 UNIT ASSISTED LIVING/MEMORY CARE FACILITY WITH A TOTAL OF 74,000 SQUARE FEET LOCATED AT 13941, 13943, AND 13945 HWY 9 HAVING A FRONTAGE OF APPROXIMATELY 469 FEET CONTAINING 5.3 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 21, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Hwy 9 with frontage of approximately 469 feet, consisting of a total of approximately 5.3 acres as described in the attached legal description, be rezoned to the O-I (Office-Institutional) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 831 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the O-I (Office-Institutional) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 16 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 21st day of July, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) 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 Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An assisted living/memory care facility with no more than 86 living units. b) No more than 74,000 square feet at a maximum density of 13,962 square feet per acre, whichever is less, based on the total acreage zoned. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 18, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. (VC14-01) b) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07 -10) c) Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels identified as 22 424008810130, 22524008310370, 22 524008810098, and 22524008310537 into one parcel. d) Final design of the site and building to be approved by the City Architect. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) 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 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 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. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Modify site plan to provide a minimum 26 foot wide cross-access drive aisle within a 50 foot access easement for future vehicular and pedestrian inter-parcel access on the north and south property lines or as may be approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance permit application. REVISED SITE PLAN SUBMITTED ON JUNE 18, 2014 HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-06 — Southeast Corner of Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural). By Capkey Birmingham Partners, LLC to Modify Condition 1.d. to Delete the Community Park and Community Septic System. To Modify Condition 2.a. to Revise the Site Plan. (RZ14-0116). MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. XAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES y NO CITY ATTORNEY REVIEW REQUIRED: O YES �NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS o-7a-ri4 PHONE: 678.242.25001 FAX: 678.242.2499 infoOcityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ,-Green ap Community * * Top �i W Certified t City vi 0 - UPIA Page 1 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 ZM14-06 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 – JULY 21, 2014 ZM14-06 – APPROVAL CONDITIONAL TO MODIFIY CONDITIONS 1.d. AND 2.a. INTENT To modify Condition 1.d. to delete the community park and community septic sys tem. To modify Condition 2.a. to revise the site plan. (RZ04-116) Page 2 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 LOCATION MAP Page 3 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 CURRENT ZONING Page 4 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 REVISED SITE PLAN SUBMITTED JUNE 17, 2014 Page 5 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 REVISED SITE PLAN SUBMITTED OCTOBER 28, 2004 (RZ04-116) Page 6 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 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. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been devel oped 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. At the June 16, 2014 Mayor and City Council, the applicant’s request pursuant to ZM14-03 to amend Conditions 1.c., 1.d., 2.a., and 3.b were approved. These amended conditions deleted the requirement for the day care facility, allowed single family homes, curb cut(s) along Birmingham Hwy to be determined by the Georgia Department of Transportation and lastly modified the site plan. After further evaluation of the site plan with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff determined that Condition 2.d. had not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions) and therefore the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to remove the reference to the “community waste water facility” indicated on the site plan within the AG-1 portion of the development. Page 7 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 Proposed Modifications to Conditions 1. To the owners agreement to restrict the use of the subject property as follows: 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. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 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. CZIM Meeting – June 24, 2014 The applicant was present at the meeting but there were no members of the community present. Analysis and Recommendation 1. To the owners agreement to restrict the use of the subject property as follows: 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. The applicant is requesting to delete the required community park and septic system as described above. It was the applicant’s intent to serve the southeast quadrant with the existing community septic system located on the northeast quadrant. Below is a statement from the property owner’s operator: “Let it be known that as the contract operator and agent for the owners of the Marketplace at Birmingham Village wastewater treatment facility, EMS has Page 8 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 performed the analysis and has determined that there is sufficient capacity in the plant to treat all of the domestic sewage from your proposed development.” Charlie Evans Vice President Environmental Management Services, Inc The applicant will be submitting a more detailed engineering report that will verify the above statement. Staff notes that the one acre AG-1 lots will be required to provide individual septic systems for each of their lots as required in 1.d. In addition, the community park was to be developed in conjunction with the required community waste facility which is how the community waste facility was developed on the northeast quadrant. If the community septic is deleted, so should the community park. Staff is in support of this request based on the fact that the existing community septic system can support the proposed development on the southeast quadrant. Therefore, Staff recommends APPROVAL to delete the reference to the community park and community septic system in Condition 1.d. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site pl an 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. As mentioned before, there is reference on the 2004 site plan of “community waste water facility”. Staff is recommending that the revised site plan be approved that eliminates reference to the facility which is also consistent with the deletion of the reference in Condition 1.d. The revised site plan indicates that general area as “open space”. This is an acceptable substitute and at such time the site is developed, this area will remain undeveloped. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 2.a. as referenced above. Page 9 of 9 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/2/2014 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: 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. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 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. ORDINANCE NO. PETITION NO. ZM14-06 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 July 21, 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) and AG-1 Conditional 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 hereby 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 21st day of July, 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: 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. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 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. REVISED SITE PLAN RECEIVED ON JUNE 17, 2014 HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-05 — To Amend Article VI, Division 23 — CUP (Community Unit Plan) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITYATTORNEYAPPROVAL REQUIRED: (kYES O NO CITY ATTORNEY REVIEW REQUIRED: A YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0-7o-714 REMARKS 44 ® Your !�C lap o� PHONE: 678.242.25001 FAX: (378.242.2499 ncEwn ` Green -w *Certified* info4cityofmiltonga.us I www.cityofmilbnga.us ""'� Community * i,,-, ,f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a` Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 1 of 27 RZ14-10/VC14-01 RZ14-10/VC14-01 PROPERTY INFORMATION ADDRESS 13941, 13943, 13945 Hwy 9 (East Side) DISTRICT, LAND LOT 2/2 831 OVERLAY DISTRICT State Route 9 and Deerfield/Highway 9 Form-Based Code EXISTING ZONING O-I (Office Institutional) – RZ07-10 PROPOSED ZONING O-I (Office Institutional) ACRES 5.3 EXISTING USE Undeveloped and Vacant Single Family Residential PROPOSED USE Assisted Living/Memory Care Facility (86 Units) PETITIONER Phoenix Senior Living, LLC – Jesse Marinko ADDRESS 114 Townpark Drive, Suite 400 Kennesaw, GA 30144 770-877-1843 OWNER ARG QUALITY PROPERTIES ADDRESS 3630 Peachtree Road, Suite 1050 Atlanta, GA 30326 COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 25, 2014 RZ14-10 – APPROVAL CONDITIONAL VC14-01 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – JUNE 25, 2014 RZ14-10 – APPROVAL CONDITIONAL 6-0 VC14-01 – APPROVAL CONDITIONAL 6-0 INTENT To rezone from O-I (Office-Institutional) to O-I (Office-Institutional) to develop a 74,000 square foot assisted living/memory care facility (86 units) and a concurrent variance to increase the height of the building from 2 stories and 30 feet from average grade to the eave to 3 stories and 36 feet from average grade to the eave (Sec 64-1095(m)) Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 2 of 27 RZ14-10/VC14-01 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 3 of 27 RZ14-10/VC14-01 CURRENT ZONING MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 4 of 27 RZ14-10/VC14-01 CURRENT FORM-BASED OVERLAY DISTRICT MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 5 of 27 RZ14-10/VC14-01 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 6 of 27 RZ14-10/VC14-01 HWY 9 NORTH VISIONING STUDY AREA Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 7 of 27 RZ14-10/VC14-01 Revised Site Plan Submitted on June 18, 2014 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 8 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING NORTHEAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT, HWY 9 FAR LEFT/BOTTOM SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 9 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUBJECT SITE LEFT, HWY 9 RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 10 of 27 RZ14-10/VC14-01 SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUPERIOR INDOOR COMFORT, INC LEFT, SUBJECT SITE CENTER/RIGHT AND HWY 9 RIGHT/BOTTOM VIEW ACROSS THE STREET FROM SUBJECT SITE FACING SOUTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 11 of 27 RZ14-10/VC14-01 VIEW ACROSS THE STREET FROM SUBJECT SITE FACING NORTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 12 of 27 RZ14-10/VC14-01 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 13 of 27 RZ14-10/VC14-01 EXISTING USES AND ZONING OF NEARBY PROPERTY 4 1 3 5 6 8 10 9 2 11 7 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 14 of 27 RZ14-10/VC14-01 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area South 1 RZ06-096 (11-15-2006) C-1 (Community Business) CVS Pharmacy 5,690 sq. ft./acre or total of 34,282 sq. ft. West 2 RZ04-022 (05-05-2004) C-1 (Community Business) Commercial Strip Center 7,314.03 sq. ft. /acre or total 9,468 sq. ft. West 3 AG-1 AG-1 (Agricultural) Undeveloped n/a North 4 RZ88-100 (07-06-1988) M-1 (Light Industrial) Air Conditioning Business 4,151 sq. ft./acre or total 8,800 sq. ft. Northwest 5 RZ00-052 (08-02-2000) C-1 (Community Business) Daycare Center 4,771.25 sq. ft./acre or total 14,600 sq. ft. on 3.06 acres North 6 AG-1 AG-1 (Agricultural) Undeveloped n/a East 7 AG-1 AG-1 (Agricultural) Bellemeade Farms Subdivision 1 unit/acre (Est. 3,000 sq/ft) North 8 RZ88-023 (03-02-1988) C-2 (Community Business) Landscaping Supply Business 8,040 sq. ft. per acre or total 24,600 sq. ft. Northwest 9 AG-1 AG-1 (Agricultural) Agricultural Apple Orchard n/a North 10 AG-1 AG-1 (Agricultural) Undeveloped n/a North 11 RZ95-150 (1995) R-4A (Residential) Lake Laurel Subdivision 2.2 units/acre 2,400 sq. ft. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 15 of 27 RZ14-10/VC14-01 SUBJECT SITE: The subject site contains 5.3 acres and is undeveloped with a vacant house. The subject site was rezoned O-I (Office Institutional) pursuant to RZ07-10 for 28,104 square feet at a density of 5,332 square feet per acre of general office for the four parcels. However, the two parcels to the south (1.64 acres) were rezoned to T-5 Urban Center Zone Form-Based Code, while the two north parcels (3.66 acres) remained O-I. The Chart below provides a summary of the existing approved densities: Current Zoning Current Approved Density Height Proposed Zoning Two North Parcels 3.66 acres O-I (Office- Institutional) 19,515 Square Feet 2 stories (Required by Hwy 9 Overlay) Two South Parcels 1.64 acres T-5 Transect Zone (Form Based Code) 33,210 Square Feet 4 stories Requesting Variance for 3 stories (VC14-01) Entire Parcel 5.3 O-I (Office- Institutional) 52,725 Total Square Feet 74,000 Total Square Feet The applicant is requesting that the subject site be rezoned to increase the approved density for the underlying Office Institutional from 28,104 square feet to 74,000 square feet and a concurrent variance to increase the height from two stories and 30 feet from average grade to the eave to three stories and 36 feet from average grade to the eave. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 16 of 27 RZ14-10/VC14-01 Since the adoption of the Deerfield/Hwy 9 Form Based Code, there was a request to rezone from O-I (Office Institutional) to TR (Townhouse Residential) to develop 24 single family detached residences. Both the Staff and Planning Commission recommended denial based on the Future Land Use Plan recommendation of Mixed Use and the Form Based Code recommending T-5 which contemplates mixed use development for that portion of the site within the T-5 transect zone. The applicant withdrew the request without prejudice at the City Council Meeting on January 22, 2014. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on June 18, 2014, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-730 O-I (OFFICE-INSTITUTIONAL) AND SR 9 OVERLAY DISTRICT Requirements Subject Site Minimum lot frontage – 100 feet The lot exceeds the minimum requirement Maximum height – 60 feet or 4 stories, whichever is higher. Staff notes that the SR 9 Overlay District supersedes the underlying zoning requirement, thus the request for the concurrent variance. Also, the Deerfield/Hwy 9 FBC within T-5 allows up to four stories. The proposed building is three stories and from average grade to the roof eave is 36 feet. A concurrent variance will be discussed below. Minimum Front yard 40 feet from right-of-way Side Yard 20 feet Rear yard 25 feet Maximum lot coverage 70 percent of the total land area Landscape Strip along SR 9 20 feet Landscape Strip on north and south property lines 10 feet Undisturbed buffer and improvement setback along the east property line adjacent to AG-1 (SR 9 Overlay District) 75 foot and 10 foot improvement setback Parking: 1 space per 4 beds + 1 per 3 employees – 32 spaces required 36 spaces provided Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 17 of 27 RZ14-10/VC14-01 SR 9 Overlay District Requirements Based on all the requirements noted above, the site plan indicates compliance with the development standards for O-I (Office-Institutional) and the SR 9 Overlay District except for height. OTHER SITE PLAN CONSIDERATIONS It has been the City Council’s policy in the past where there has been development along Hwy 9 to provide a four board black equestrian fence, not exceeding 55 inches in height. More recently, the recommended design for the equestrian fence may include a column as described in the Hwy 9 Design Guidelines. The site is bisected between the traditional O-I zoning district with the SR 9 Overlay District and the Deerfield/Hwy 9 Form Based Code Overlay (FBC). Staff has reviewed the site and the building so that for the portion within the FBC, the development meets the intent of those standards as well as the portion within the SR 9 Overlay, the development meets those standards. Staff requested that the building be pushed forward to Hwy 9 as possible to be in keeping with the FBC. Although the rezoning process does not require architecture to be submitted, the applicant has worked with Staff including the City Architect to meet the requirements of the SR 9 Overlay District for the design of the building which is consistent with the FBC with exception of the allowed height. The applicant has submitted various designs and has responded to both the Design Review Board and the City Architect’s feedback to produce an aesthetically pleasing building. The rendering provided in the report reflects the latest iteration. Further work on the design will continue as the process continues. The final building design will be required to be presented to the Design Review Board prior to the issuance of a building permit. VC14-01 - To increase the height of the building from 2 stories and 30 feet from average grade to the eave to 3 stories and 36 feet from average grade to the eave (Sec 64-1095(m)) The proposed building’s height is three stories and 36 feet from average grade to the eave. The nature of assisted living facilities requires large amounts of square footage and thus the need for the increase in stories and height. On this site, by designing a building vertically, less of the site is negatively impacted with additional vegetation removed. Staff also notes that the T-5 Transect Zone permits buildings to be built up to four stories in height. The City Architect has worked closely with the applicant’s architect to present a building that is in keeping with the site as well as designing a building to blend in with the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 18 of 27 RZ14-10/VC14-01 It is Staff’s opinion that the applicant has demonstrated that: 1) Relief if granted, would not offend the spirit or intent of this zoning ordinance. The applicant has designed a building that works with the site and has preserved a large portion of the site with vegetation as well as the specimen trees as conditioned by the previous zoning for this site. Additionally, the O-I zoning district also allows buildings to be up to four stories in height. 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. When the original Livable Centers Initiative (LCI) Study area was determined and ultimately the area for the future Form Based Code, by the Atlanta Regional Commission, this site was bisected with multiple parcels and it was not know n that the parcels were under one ownership. If the line was “drawn” just north of the existing line, the entire site would be under the purview of the Deerfield/Hwy 9 Form Based Code and the request for the concurrent variance would not be needed. 3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. It is Staff’s opinion that if the site and the building are designed appropriately to ameliorate the effects of three stories, it will not cause a substantial detriment to the public good and surrounding properties. Based on this analysis, Staff recommends APPROVAL CONDITIONAL of VC14-01. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64-2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS The site is predominately pine trees with a hardwood stand along the northern property boundary. There are eleven specimen trees on site that will require recompense. The applicant has stated that three specimen trees will be removed, that consist of a 30” pine, 30” Oak and a 28” Oak. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 19 of 27 RZ14-10/VC14-01 Staff notes that in the previous rezoning pursuant to RZ07-10, a condition of zoning was included to preserve three trees on the site identified as 1, 5 and 6. The exhibit will be included at the end of the Staff Report. The applicant has stated that these trees will be saved. CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. This type of use will also be reviewed by the State Fire Marshal. PUBLIC WORKS 1. There are no improvements shown along SR 9 frontage 2. Pedestrian facilities on SR 9 not shown in accordance with City Code of Ordinances 3. Entrance location, striping and turn lanes subject to GDOT approval 4. Entrance configuration to be coordinated with projects PI 0007838 and PI 0012625 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 20 of 27 RZ14-10/VC14-01 FINANCIAL MODELING IMPACTS Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 21 of 27 RZ14-10/VC14-01 PUBLIC INVOLVEMENT On May 27, 2014 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were four members of the community in attendance. There were no specific comments made regarding the project. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Monday, June 2, 2014 at the Windward Kroger Community Room. The applicant’s report stated that no one appeared at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – June 3, 2014 Comments: Community would prefer a building with a non-institutional look. More of a bungalow style. Looking for something with depth and perspective. Needs more variations in façade. Consider multiple masses. Would not oppose a three story building if it fits the property. The subdivisions right behind the site and Lake Laurel may have issues with the proposed three story building. Renderings should show building on actual grade. Wait until new Hwy 9 North Form Based Code is completed before proceeding with the project. Work with the City Architect directly to come up with a product that the community can buy into. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed assisted living facility developed with 74,000 square feet and a density of 13,962 square feet per acre is suitable to the existing uses to the south and the north. To the east the required 75 foot undisturbed buffer and 10 foot improvement setback provides the necessary screening. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 22 of 27 RZ14-10/VC14-01 developments and zonings and to the Deerfield/SR 9 Form-Based Code Overlay District. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect the existing use or usability of the adjacent properties as described above based on the fact that to the north, the property is zoned M -1 (Manufacturing) developed with an air conditioning business and to the south it is developed with a CVS and potential future development to the south on the same parcel at the northeast corner of Hwy 9 and Bethany Bend. Although there are single family residences zoned AG-1 to the east, the required 75 foot buffer and 10 foot improvement setback will provide necessary screening to these homes. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does have a reasonable use as 5.3 acres currently zoned O-I (Office Institutional) 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: The two south parcels: Transitional Area as amended by Hwy 9/ GA 400 Area Master Plan. The two north parcels: Mixed use, two stories, form based code style – Hwy 9 North Visioning Plan - Proposed use/density: Assisted Living Facility / 13,962 square feet per acre The Milton City Council adopted the Comprehensive Plan in June, 2011. The Future Land Use Plan was amended for the two south parcels of subject site upon the adoption of the Hwy 9/GA 400 Area Master Plan in April, 2012. Per the Hwy 9/GA 400 Area Master Plan amendment, the two south parcels of subject site are Transitional for primarily small lot single family residential and limited neighborhood serving retail and office. These Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 23 of 27 RZ14-10/VC14-01 parcels were subsequently designated T5 Form-Based Code Overlay District to reflect the vision of the master plan. The two north parcels of subject site are within the North Hwy 9 Visioning Study which was approved on June 2, 2014 which recommends the area to be Mixed Use, two stories and to implement the form based code for future development. Based on the recent designation of the two south parcels of subject site to Form-Based Code T5 Overlay District which allows an assisted living facility, and the approved master plan for the two north parcels, the request to rezone to O-I (Office Institutional) is consistent with the future vision for subject site. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is consistent with nearby zonings and developments. Although only a portion of the site is within the Deerfield/SR 9 Form Based Code, the applicant has submitted a plan and provided architecture that is consistent with the Form Based Code. During the public hearings for the proposed single family residential development, the community voiced concern regarding a single family residential use and wanted to see more non-residential uses in this area to be consistent with the vision of the Hwy 9 North Visioning Study and the Form Based Code. In addition, the proposed use is consistent with the Deerfield/SR 9 Form Based Code. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ14-10. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. CONCLUSION Based on the fact that the proposed assisted living /memory care facility is a use that is consistent with the 2030 Comprehensive Future Land Use Plan and permitted uses within the Deerfield/Hwy 9 Form Based Code, Staff recommends APPROVAL CONDITIONAL of RZ14-01 and VC14-01. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 24 of 27 RZ14-10/VC14-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) 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 Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An assisted living/memory care facility with no more than 86 living units. b) No more than 74,000 square feet at a maximum density of 13,962 square feet per acre, whichever is less, based on the total acreage zoned. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 18, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. (VC14-01) b) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07-10) c) Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels identified as 22 424008810130, 22524008310370, 22 524008810098, and 22524008310537 into one parcel. d) Final design of the site and building to be approved by the City Architect. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 25 of 27 RZ14-10/VC14-01 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) 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 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 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. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 26 of 27 RZ14-10/VC14-01 d) Modify site plan to provide a minimum 26 foot wide cross-access drive aisle within a 50 foot access easement for future vehicular and pedestrian inter-parcel access on the north and south property lines or as may be approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance permit application. Prepared by the Community Development Department for the Mayor and City Council Meeting on July 7, 2014 (First Presentation) 7/3/2014 Page 27 of 27 RZ14-10/VC14-01 ORDINANCE NO._______ PETITION NO. RZ14-10/VC14-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM O-I (OFFICE-INSTITUTIONAL) TO O-I (OFFICE- INSTITUTIONAL) FOR AN 86 UNIT ASSISTED LIVING/MEMORY CARE FACILITY WITH A TOTAL OF 74,000 SQUARE FEET LOCATED AT 13941, 13943, AND 13945 HWY 9 HAVING A FRONTAGE OF APPROXIMATELY 469 FEET CONTAINING 5.3 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 21, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Hwy 9 with frontage of approximately 469 feet, consisting of a total of approximately 5.3 acres as described in the attached legal description, be rezoned to the O-I (Office-Institutional) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 831 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the O-I (Office-Institutional) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 16 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 21st day of July, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) 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 Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An assisted living/memory care facility with no more than 86 living units. b) No more than 74,000 square feet at a maximum density of 13,962 square feet per acre, whichever is less, based on the total acreage zoned. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 18, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. (VC14-01) b) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07 -10) c) Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels identified as 22 424008810130, 22524008310370, 22 524008810098, and 22524008310537 into one parcel. d) Final design of the site and building to be approved by the City Architect. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) 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 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 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. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Modify site plan to provide a minimum 26 foot wide cross-access drive aisle within a 50 foot access easement for future vehicular and pedestrian inter-parcel access on the north and south property lines or as may be approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance permit application. REVISED SITE PLAN SUBMITTED ON JUNE 18, 2014 ME HOME OF'. HE T ;i iT r : JFF I G O GIS. MI -L I TON% ESTABLISHED 1006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-06 — To Amend Article VI, Division 24 — NUP (Neighborhood Unit Plan) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (x- YES O NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY XAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS In you(n PHONE: 678.242.25001 FAX: 678.242.2499 r arwq Gr- eeI"1 - * Certified t fop sou infoC�cityofmiltonga.us j www.cityo#miltonga.us Community Eity,i�; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a`` DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) Page 1 of 3 7/1/20146/30/2014 DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT Sec. 64-918. Scope and intent. Sec. 64-919. Use regulations. Sec. 64-920. Development plan. Sec. 64-921. Development standards. Sec. 64-922. Other regulations. Secs. 64-923—64-941. Reserved. Sec. 64-918. Scope and intent. (a) The regulations set forth in this division are the NUP district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The NUP district is intended to provide land areas devoted to low to medium density single-family residential uses of five or fewer units per acre consistent with the densities ranges suggested on the comprehensive plan land use map. The NUP district is intended to encourage: (1) The development of medium sized tracts of land as planned neighbo rhoods or the development of vacant parcels of land with transitional densities in builtup areas; (2) The preservation of trees and vegetation; and (3) Innovative site planning. (b) Land proposed for a NUP shall comply with the following standards: (1) Provide a density that is consistent with the plan densities and surrounding properties. (2) Protect neighboring properties by requiring peripheral setbacks and development standards compatible with adjacent developments as required by the district standards and the conditions of zoning. Sec. 64-919. Use regulations. Within the NUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Recreation facilities associated with single-family development. (2) Accessory uses. A structure or land may be used for uses customarily incide ntal to any permitted use and a dwelling may be used for a home occupation. Sec. 64-920. Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for NUP rezoning requests. DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) Page 2 of 3 7/1/20146/30/2014 (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezo ne is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development related permits. (f) The location of all use areas shall be shown on the development plan, and location on the ground shall be as shown on the development plan. Sec. 64-921. Development standards. (a) Height regulations. No building shall exceed 40 feet in height. (b) Minimum lot area per unit shall be 4,000 square feet. (c) NUP size shall be as follows: (1) Minimum four contiguous acres. (2) Maximum 12 contiguous acres (d) Maximum density shall be 5.0 units per gross acre. (e) Minimum lot width. The shall be none unless specified in conditions. (f) Minimum development frontage shall be 35 feet. (g) Minimum lot frontage shall be 20 feet adjoining a street. (h) Minimum heated floor area per unit shall be 1,000 square feet detached. (i) Minimum perimeter setback for the entire NUP development. When adjacent to single -family zoning/use or AG-1 zoned property, a 40-foot setback shall be provided around the periphery of the development including access drives serving more than one lot, principal and accessory structures and swimming pools. Other yard improvements and access/utility crossings are permitted. (j) Minimum interior setbacks: (1) Minimum front yard shall be as specified in conditions. (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (k) Minimum interior building separations. To place a building along an interior side lot line at between zero and seven feet shall require an encroachment and maintenance easement allowing a minimum of seven feet of access to such buildings. A minimum buildin g separation of 14 feet shall be maintained. (l) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards, but shall not be located within a minimum rear yard except that detached garages may locate along a rear lot line at between zero and seven feet with an encroachment and maintenance easement allowing a minimum of seven feet of access to the garage. Sec. 64-922. Other regulations. The following headings contain some additional, but not all, provisions applica ble to the NUP district: DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) Page 3 of 3 7/1/20146/30/2014 (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations of the TR district shall apply to townhouse development: article III of this zoning ordinance. (7) River protection. Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-923—64-941. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-06 AN ORDINANCE TO DELETE ARTICLE VI, DIVISION 24, NUP (NEIGHBORHOOD UNIT PLAN) 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 deletion of Article VI, Division 24, NUP (Neighborhood Unit Plan) 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 21st day of July, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-08 — To Amend Article VI, Division 4 — R-2 (Single Family Residential) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES () NO CITY ATTORNEY REVIEW REQUIRED: M YES () NO APPROVAL BY CITY ATTORNEY {APPROVED O NOTAPPROVED PLACED ON AGENDA FOR: 0-70 '7 1 q REMARKS in Your *** PHONE: 678.242.25001 FAX: 678,242.2499INCE :n Green Inp info@cityofmilfonga.us I www.cifyofmilfonga.us' Community `i� FC5 y� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a`` DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT RZ14-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 1 of 3 7/1/20146/30/2014 DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT Sec. 64-667. Scope and intent. Sec. 64-668. Use regulations. Sec. 64-669. Development standards. Sec. 64-670. TR district subdivision. Sec. 64-671. Other regulations. Secs. 64-672—64-690. Reserved. Sec. 64-667. Scope and intent. The regulations set forth in this division are the TR district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The TR district is intended to provide land areas devoted to medium high density uses consisting of single- family and multifamily dwellings. Land areas zoned TR are further intended to provide a transition between low medium density and higher density residential areas or between lowhigh density residential and nonresidential areas. The TR district is intended to: (1) Encourage the provision of usable open space and recreation areas as part of a living environment. (2) Be located primarily in areas near or adjacent to single-family areas. (3) Be located so as to provide a transition between single-family areas and nonresidential areas. (4) Be located near retail shopping and m ajor thoroughfares. (5) Encourage homeownership. Sec. 64-668. Use regulations. Within the TR district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. a.b. Two-family dwelling. Duplex b.c. Triplex. c.d. Quadruplex. d.e. Townhouse. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT RZ14-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 2 of 3 7/1/20146/30/2014 Sec. 64-669. Development standards. (a) Height regulations. No building shall exceed 40 feet in height.There shall be a maximum height limit of three stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (b) Minimum lot area or land area per unit shall be 2,000 square feet. (c) Maximum density shall be nine units per gross acre. (d) Minimum lot width shall be 2025 feet. (e) Minimum TR development frontage shall be 35150 feet. (f) Minimum lot frontage shall be 20 feet adjoining a street, except up to 35 feet may be required whenever the director of public works requires the extra width to protect catchbasins. (g) Minimum heated floor area per unit shall be 1,1001,800 square feet. (h) Minimum perimeter setbacks for the entire TR development shall be as follows: (1) Minimum front yard: 40 feet. (2) Minimum side yard. a. Adjacent to interior line: 30 feet. b. Adjacent to street: 40 feet. (3) Minimum rear yard: 35 feet. (i) Minimum interior setbacks when one building per lot shall be as follows: (1) Minimum front yard: 20 feet from right-of-way. (2) Minimum side yard. a. Seven feet adjacent to interior lot line, except that up to a seven-foot encroachment and maintenance easement may be provided on adjacent parcels, in combination with or in lieu of a side yard, such that a minimum building separation of 14 feet is maintained. b. Zero if units are attached, for example, townhouses on separate lots of record. c. Adjacent to street: 15 feet. (3) Minimum rear yard: 25 feet. (ji) Minimum accessory structure requirements. Single-family and two-family uses. Accessory structures may be located in the rear and side yards only but shall not be located within a minimum yard. Townhouse accessory structures may be located within the side or rear yards only but not within minimum perimeter setbacks or minimum yards. (kj) Maximum lot coverage. The area of the footprint of all buildings and parking shall not exceed 50 percent of the total land area. (k) Required open space or recreational facilities. For each unit, a minimum of 1,000 square feet shall be required within the development. (l) Minimum building separation when more than one building per lot. All building separations shall be as specified by the city's building code. (m) Other minimum standards shall be as follows: (1) No more than 206 dwelling units shall form a single building. (2) Setbacks and roof lines shall be varied by at least two feet so that no more than three adjoining dwellings within a single building shall have the same front setback or roof line. DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT RZ14-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 3 of 3 7/1/20146/30/2014 (3) A minimum of 80% of common wall shall be contiguous with each adjoining unit. (4) When units adjoin an exterior street: i.) they shall provide rear loaded vehicular access and; ii.) the front façade shall face the exterior street of the development. (5) Each unit shall provide two off street parking spaces within the principle structure. Sec. 64-670. TR district subdivision. In the TR zoning district, dwellings proposed to be sold with the lot upon which the dwelling is located shall comply with the subdivision regulations of the city. Sec. 64-671. Other regulations. The following headings contain provisions applicable to the TR district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-672—64-690. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-07 AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 13, TR (TOWNHOUSE RESIDENTIAL) 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 July 21, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article VI, Division 13, TR (Townhouse Residential) 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 21st day of July, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-08 — To Amend Article VI, Division 4 — R-2 (Single Family Residential) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES () NO CITY ATTORNEY REVIEW REQUIRED: M YES () NO APPROVAL BY CITY ATTORNEY {APPROVED O NOTAPPROVED PLACED ON AGENDA FOR: 0-70 '7 1 q REMARKS in Your *** PHONE: 678.242.25001 FAX: 678,242.2499INCE :n Green Inp info@cityofmilfonga.us I www.cifyofmilfonga.us' Community `i� FC5 y� 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 June 30, 2014 for the July 21, 2014 Regular Meeting (July 7, 2014 First Presentation and July 14, 2014 for Council Work Session) Re: Consideration of RZ14-08 – R-2 – Text Amendment Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: The proposed amendment to the R-2 (Single Family Residential) district is in response to the Zoning Moratorium that is currently in place. First, Staff is recommending that a new zoning district, RR (Rural Residential) district replace the existing R-2 (Single Family Residential) district. The existing district is similar to the AG-1 district with the exception of requiring smaller side and rear minimum yard setbacks. It is Staff’s opinion that this newly created district will be a compromise between the proposed deleted CUP and the AG-1 district as discussed in the Staff Memo for RZ14-05. Staff has included a comparison chart to illustrate the differences between the RR, CUP, and AG-1 districts for your review. Comparison Chart Development Standard CUP District (Existing) AG-1 District (Existing) RR District (Proposed) Rural Milton Overlay (If applicable) Minimum development area 10 acres None None Height 40 feet 40 feet 2 stories, 28 feet 2 stories, 28 feet Minimum Lot Area Proposed by applicant 1 acre 1 acre Minimum lot width at building line Proposed by applicant 100 feet 150 feet Minimum development frontage 35 feet None 150 feet 2 Development Standard CUP District (Existing) AG-1 District (Existing) RR District (Proposed) Rural Milton Overlay (If applicable) Minimum lot frontage 20 feet 35 feet 35 feet Minimum heated floor area Proposed by applicant None Proposed by applicant Minimum perimeter setback Proposed by applicant None 50 feet, not including road frontages Minimum front yard Proposed by applicant 60 feet 20 feet Minimum side yard Proposed by applicant 25 feet 50 feet between structures and not less than 10 feet from property line Minimum side yard adjacent to a street Proposed by applicant 40 feet 30 feet Minimum rear yard Proposed by applicant 50 feet 40 feet Lot coverage None none 20% 20% Open space or recreational facilities 10 to 20 acres None None 550 square feet per unit Open space or recreational facilities more than 20 acres 550 square feet per acre None 1,000 square feet per acre Ganged Mailboxes None None Yes Yes Rural Viewshed None None Yes, 40 foot undisturbed and 20 foot no improvement setback along “exterior roads” Yes, 40 foot undisturbed and 20 foot no improvement setback along “exterior roads” Architectural Review None None Yes, for lots adjacent to exterior streets Yes, for lots adjacent to exterior streets The proposed RR (Rural Residential) district development standards allow the developer to have flexibility in designing the development. For example, if there is a specimen tree or a problem with percolation of the property for septic, the house placement can be moved as close as 10 feet from the side property line, but the adjacent lot must provide a minimum of 40 feet for a total building separation of 50 feet which is consistent with a traditional AG-1 minimum 25 foot side setback for each lot. For front and rear minimum setbacks, Staff has proposed 20 feet and 40 feet respectively. To ensure protection of adjacent developments or lots, a 50 foot perimeter setback is required. With this flexibility, but not as flexible as the CUP district, Staff believes a 3 development can be constructed that further preserves trees, tree lines, or other significant natural features of the property. Another addition to the proposed district is the rural viewshed and minimum lot coverage not to exceed 20 percent. Lastly, Staff is recommending that open space or recreational facilities be required based on the size of the development. The Planning Commission recommended approving the proposed amendment to the R-2 district by creating a new RR district on June 25, 2014 as recommended by Staff with a couple of minor edits to the development standards. 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 text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (June, 2014) Concurrent Review: Community Development Staff, Laurel Florio Attachment(s): Text Amendment and Ordinance for RZ14-08 DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 1 of 3 7/1/20147/1/20146/30/2014 DIVISION 4. R-2RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT Sec. 64-460. Scope and intent. Sec. 64-461. Use regulations. Sec. 64-462. Development standards. Sec. 64-463. Other regulations. Secs. 64-464—64-482. Reserved. Sec. 64-460. Scope and intent. The regulations set forth in this division are the R-2Rural Residential district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The R-2Rural Residential district is intended to provide land areas devoted to very low density residential uses. It is also intended to: (1) Preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, preservation of trees and vegetation; (2) To be aware and respectful of the environment’s natural resources and visual qualities; (3) To preserve trees and open space through innovative site planning. . The district also provides for closely related uses. (4) To encourage inter-parcel access to adjacent properties and provide interior block structure circulation within the development. Sec. 64-461. Use regulations. Within the Rural Residential R-2 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (3) Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 2 of 3 7/1/20147/1/20146/30/2014 b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. Sec. 64-462. Development standards. (a) Height regulations. No building shall exceed 40 feet in 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. (b) Minimum lot area per unit shall be one acre. (c) Minimum lot width shall be 150 feet. (d) Minimum Rural Residential development frontage shall be 150 feet. (e) Minimum lot frontage shall be 35 feet adjoining a street. (f) Minimum heated floor area per unit shall be as specified in conditions. (g) Minimum perimeter setback (entire Rural Residential development) shall be 50 feet not including exterior road frontages. (h) Minimum 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 und isturbed 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. (i) 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 m eet the intent of Section 64-1155. (j) Minimum interior setbacks: (1) Minimum front yard shall be a minimum of 20 feet. (2) Minimum side yard shall not exceed 50 feet between primary structures and not less than 10 feet from the property line. (3) Minimum side yard adjacent to a street shall be a minimum of 30 feet. (3) Minimum rear yard shall be a minimum of 40 feet. (k) Lot coverage shall not exceed twenty percent (20%) (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be one acre. (f) Minimum lot width shall be 150 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 1,600 square feet on ground level; (2) For two-story dwelling: 1,800 square feet; or DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (First Presentation on July 7, 2014) Page 3 of 3 7/1/20147/1/20146/30/2014 (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (n) Other minimum standards. (1) Open space or recreational facilities consisting of not less than 550 square feet per unit shall be provided for in all developments of 10 acres to 20 acres. (2) Open space or recreational facilities consisting of not less than 1,000 square feet per unit shall be provided in all developments of more than 20 acres. (3) Land area proposed for the open space or recreational facilities shall be allocated among the use areas in proportion to the ratio of a neighborhood populatio n to the total Rural Residential district population so that acreage devoted to open space is reasonably accessible to all residents. Size and location of open space or recreational facilities shall be approved by the community development director. (4) Provide area(s) for a covered ganged mail box kiosk and shall be consistent with overall architectural style of the community. (j) Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, article V (subdivision regulations). Chapter 50, article V, conservation subdivision, is currently reserved. Sec. 64-463. Other regulations. The following headings contain provisions applicable to the R-2 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2, of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-464—64-482. Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-08 AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 4, R-2 (SINGLE FAMILY RESIDENTIAL) 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 July 21, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article VI, Division 4, R-2 (Single Family Residential) 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 21st day of July, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) ma HOME OF ' ESTAM-lSHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-09 — To Amend Article VI, Division 5 — R -2A (Single Family Residential) District. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES ( NO CITY ATTORNEY REVIEW REQUIRED: () YES kNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR,- REMARKS OR: REMARKS A -C-0 r".M era -11-0 l t) / !7 04D 2A-wra-t.. N �. ,ted q--1 w, Certified PHONE: 678.242.25001 FAX: 678.242.2499 Green infoOcityofmiitonga.us I www.cityofmiltonga.us Community 1 Erht� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 30, 2014 for the July 21, 2014 Regular Meeting (July 7, 2014 First Presentation and July 14, 2014 for Council Work Session) Re: Consideration of RZ14-09 – R-2A – Text Amendment Department Recommendation: The Community Development Department recommends Withdrawal of the proposed text amendment based on the fact there is not a need to amend this zoning district. It was inadvertently included in the districts under the Zoning Moratorium currently in place. Executive Summary: None Funding and Fiscal Impact: None anticipated. Alternatives: None Legal Review: None Concurrent Review: None Attachment(s): None HOME OF -�F " rr A ITY >>F LIFE. IN GFDtC�IA' M. LTON, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014, and for Other Purposes. MEETING DATE: Monday, July 7, 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: K YES () NO CITY ATTORNEY REVIEW REQUIRED: YES ONO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: (} -1 n -7),f REMARKS (f 4 ® * YOUM 'y% PHONE: 678.242.25001 FAX: 678.242.2499 �,-Green ; Cmifie info@cityofmiltonga.us I www.cityofmiltonga.us Commu1.nity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 °` E "`` a< To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 20, 2014 for the July 7, July 21 and August 4, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014; and for Other Purposes. ____________________________________________________________________________ Department Recommendation: Adopt the ordinance to establish the ad valorem tax rate of the City of Milton for fiscal year 2014. Executive Summary: The Taxpayers Bill of Rights, in effect since 2000, requires the City to advertise a property tax increase if the millage rate is not fully rolled back to offset inflationary reassessments to existing property values. The impact of the reassessments this past year resulted in a property tax increase of 4.17 %. When coupled with the upsurge in the digest for newly improved properties, the overall taxes levied will be 8.1% higher than 2013. Three public hearings will be held to allow the public the opportunity to provide their input. The first public hearing will be held on July 7th, where the first presentation of the Ordinance to establish the millage rate will also be sounded. The second public hearing will be held on July 21 st. The final public hearing will be held on August 4th, where the Ordinance will also be considered for adoption. Funding and Fiscal Impact: The property tax revenues were estimated to be $8,050,000 in the fiscal year 2014 budget. The total amount of property taxes to be levied, excluding motor vehicle tax, is roughly $9,473,509. To meet the budget estimates, the collection rate will have to exceed 85%. Given that the collection rate over the past two years has been around 95%, we shouldn’t have a problem meeting the projected budget numbers. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Advertisement - Current 2014 Tax Digest and Five Year History of Levy Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2014; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the City of Milton, Georgia calculated a rollback millage rate as defined within State of Georgia law, demonstrating the proposed millage rate is less than the rollback millage rate; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2014 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Incorporated City of Milton Real & Personal 2,138,900,336 2,053,385,022 1,976,153,262 2,002,141,290 1,991,826,430 2,156,608,276 Motor Vehicle 115,598,780 101,093,870 104,790,450 116,670,630 125,271,430 110,057,590 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 6,748 6,584 6,584 0 0 0 Gross Digest 2,254,505,864 2,154,485,476 2,080,950,296 2,118,811,920 2,117,097,860 2,266,665,866 Less M & O Exemptions 150,643,390 158,169,430 163,889,783 161,283,460 162,615,270 154,175,700 Net M & O Digest 2,103,862,474 1,996,316,046 1,917,060,513 1,957,528,460 1,954,482,590 2,112,490,166 Gross M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Less Millage Rate Rollbacks 0 0 0 0 0 0 Net M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Net Taxes Levied 9,953,373 9,444,571 9,069,613 9,261,067 9,246,657 9,994,191 Net Taxes $ Increase 249,783 (508,802)(374,958)191,454 (14,410)747,534 Net Taxes % Increase 2.6%-5.1%-4.0%2.1%-0.2%8.1% CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 13000 Deerfield Pkwy, Milton, Georgia on August 4, 2014 at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax diegest and levy for the past five years. Current 2014 Tax Digest and Five Year History of Levy 2009 2010 2011 2012 2013 2014 MAW HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180 Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014 Highway 9 North Vision Area. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER: PYAPPROVED CITY ATTORNEY APPROVAL REQUIRED: 'KYES CITY ATTORNEY REVIEW REQUIRED: X YES APPROVAL BY CITYATTORNEY PLACED ON AGENDA FOR.- REMARKS OR: REMARKS APPROVED 0'7 0'1 i`F © () NOT APPROVED () NO () NO O NOT APPROVED YOUED PHONE: 678.242.2500 J FAX: 678.242.2499Glreen r�i■ v i Certified * 1ou 7U0 � info@cityofmilfonga.us I www.6tyofmiltonga.us _ . C011nlrnunity of 13000 Deerfield Parkway, Suite 107 1 Mi€ton GA 30004 ` - CERTIFIED 6AONZF 9� 1 A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING A MORATORIUM FOR 180 DAYS TO BAR THE ACCEPTANCE OF ANY REZONING APPLICATIONS FOR PROPERTY LOCATED IN THE 2014 HIGHWAY 9 VISION AREA WHEREAS, Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate development within the City limits through zoning; and WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”) divides property within the city into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, on June 2, 2014 the City approved a State Route 9 North Vision Plan (“Vision Plan”) that reflects the City’s intent and 'vision' with respect to planning and zoning for development and use of property in the Hwy 9 area as defined in the Vision Plan (“Covered Property”); and WHEREAS, the City is of the opinion and belief that at the present time the Milton zoning code is not equipped with the tools necessary to ensure the Council's 'vision' for the areas within the Vision Plan and Covered Property to be realized; and WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to the adoption of development standards and requirements for Covered Property; and WHEREAS, on June 9, 2014 the Milton City Council adopted an emergency moratorium barring for 30 days the acceptance of any rezoning applications for Covered Property until such time as a longer moratorium could be considered by the City Council after a public hearing meeting the standards of Georgia’s Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq. (“ZPL”); and WHEREAS, on July 7, 2014, after publication of legal notice in compliance with Georgia’s ZPL, the City conducted a public hearing on a moratorium barring for 180 the acceptance of any rezoning applications for Covered Property while the City considers the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for Covered Property; and WHEREAS, the City finds a moratorium barring for 180 days the acceptance of any rezoning applications for Covered Property to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby enact a moratorium to bar the acceptance of any rezoning applications for the Covered Property pursuant to the City’s zoning ordinance. 2 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) 180 days from the date of adoption of this Resolution; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for the Covered Property. 3. The moratorium imposed herein does not limit the ability of property owners to develop their land as currently zoned or permitted. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 7th day of July, 2014. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk HOME OF -�F " rr A ITY >>F LIFE. IN GFDtC�IA' M. LTON, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014, and for Other Purposes. MEETING DATE: Monday, July 7, 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: K YES () NO CITY ATTORNEY REVIEW REQUIRED: YES ONO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: (} -1 n -7),f REMARKS (f 4 ® * YOUM 'y% PHONE: 678.242.25001 FAX: 678.242.2499 �,-Green ; Cmifie info@cityofmiltonga.us I www.cityofmiltonga.us Commu1.nity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 °` E "`` a< To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 20, 2014 for the July 7, July 21 and August 4, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014; and for Other Purposes. ____________________________________________________________________________ Department Recommendation: Adopt the ordinance to establish the ad valorem tax rate of the City of Milton for fiscal year 2014. Executive Summary: The Taxpayers Bill of Rights, in effect since 2000, requires the City to advertise a property tax increase if the millage rate is not fully rolled back to offset inflationary reassessments to existing property values. The impact of the reassessments this past year resulted in a property tax increase of 4.17 %. When coupled with the upsurge in the digest for newly improved properties, the overall taxes levied will be 8.1% higher than 2013. Three public hearings will be held to allow the public the opportunity to provide their input. The first public hearing will be held on July 7th, where the first presentation of the Ordinance to establish the millage rate will also be sounded. The second public hearing will be held on July 21 st. The final public hearing will be held on August 4th, where the Ordinance will also be considered for adoption. Funding and Fiscal Impact: The property tax revenues were estimated to be $8,050,000 in the fiscal year 2014 budget. The total amount of property taxes to be levied, excluding motor vehicle tax, is roughly $9,473,509. To meet the budget estimates, the collection rate will have to exceed 85%. Given that the collection rate over the past two years has been around 95%, we shouldn’t have a problem meeting the projected budget numbers. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Advertisement - Current 2014 Tax Digest and Five Year History of Levy Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2014; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the City of Milton, Georgia calculated a rollback millage rate as defined within State of Georgia law, demonstrating the proposed millage rate is less than the rollback millage rate; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2014 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Incorporated City of Milton Real & Personal 2,138,900,336 2,053,385,022 1,976,153,262 2,002,141,290 1,991,826,430 2,156,608,276 Motor Vehicle 115,598,780 101,093,870 104,790,450 116,670,630 125,271,430 110,057,590 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 6,748 6,584 6,584 0 0 0 Gross Digest 2,254,505,864 2,154,485,476 2,080,950,296 2,118,811,920 2,117,097,860 2,266,665,866 Less M & O Exemptions 150,643,390 158,169,430 163,889,783 161,283,460 162,615,270 154,175,700 Net M & O Digest 2,103,862,474 1,996,316,046 1,917,060,513 1,957,528,460 1,954,482,590 2,112,490,166 Gross M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Less Millage Rate Rollbacks 0 0 0 0 0 0 Net M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Net Taxes Levied 9,953,373 9,444,571 9,069,613 9,261,067 9,246,657 9,994,191 Net Taxes $ Increase 249,783 (508,802)(374,958)191,454 (14,410)747,534 Net Taxes % Increase 2.6%-5.1%-4.0%2.1%-0.2%8.1% CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 13000 Deerfield Pkwy, Milton, Georgia on August 4, 2014 at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax diegest and levy for the past five years. Current 2014 Tax Digest and Five Year History of Levy 2009 2010 2011 2012 2013 2014 HOME OF 'THE LSES T x JAL•T" OF L.I' `= I' C CRGIF;' M1 LTON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution to Approve a Defined Contribution Pension Plan that will Serve as a Social Security Replacement Plan for Those Employees Regularly Scheduled to Work 40 or More Hours per Week and Hired or Rehired on or After July 1, 2014. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY (,APPROVED () NOT APPROVED PLACED ON AGENDA FOR. D %D -7 r � REMARKS I Youn 2012*�, iop u PHONE: 678.242.25001 FAX: 678.242.2499 PACE AWARD * certified , info@cityofmiltonga.us I www.cityofmiltonga.us ""RRIR community cityEchicsof � f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on June 25, 2014 for the July 7, 2014 Regular Council Meeting Agenda Item: Consideration of a Resolution to Approve a Defined Contribution Pension Plan that Will Serve as a Social Security Replacement Plan for Those Employees Regularly Scheduled to Work 40 or More Hours per Week and Hired or Rehired on or after July 1, 2014. ____________________________________________________________________________ Department Recommendation: Approve a defined contribution pension plan that will serve as a social security replacement plan. Executive Summary: The attached defined contribution pension plan will serve as a social security replacement plan. This plan will require that employees and the city contribute 6.2% of salary rather than participate in social security. Participation in this plan is mandatory for the employee and the City. Funding and Fiscal Impact: The adoption of this plan may cost 6.2% of employee salary. Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis (June 25 2014) Blake MacKay – Alston & Bird (June 25, 2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Administrative Services Agreement and Plan Document D This booklet contains the following documents: • Suggested Resolution • Adoption Agreement • Plan Administration with Electronic Access • Implementation Data Form • EZ Link Access Form • Processing Policies for Contributions and Loan Repayments • Contribution Submittal Instructions RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A MONEY PURCHASE PLAN RESOLUTION OF City of Milton, Georgia (EMPLOYER NAME). PLAN NUMBER 10- 806$ WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the Employer desires that its money purchase retirement plan be administered by ICMA-RC and that the funds held in such plan be invested in the VantageTrust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans: NOW THEREFORE BE IT RESOLVED that the Employer hereby establishes or has established a money purchase retirement plan (the "Plan") in the form of: (Select one) f� The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific provisions of the Adoption Agreement (executed copy attached hereto). Q The Plan and Trust provided by the Employer (executed copy attached hereto). The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of VantageTrust, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the VantageTrust. BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the VantageTrust, and BE IT FURTHER resolved that the Director of Human Resources (use title of official, not name) shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the VantageTrust; shall cast, on behalf of the Employer, any required votes under the VantageTrust; may delegate any administrative duties relating to the Plan to appropriate departments; and BE IT FURTHER RESOLVED that the Employer hereby authorizes the City Manager (use title not name) to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Pian. I, Sudie AM Gordon Clerk oft he (City, County, etc.) of the City of Milton. Georgia , do hereby certify that the foregoing resolution proposed by (Council Member, Trustee, etc.) of the City of Milton, Georgia , was duly passed and adopted by the (Council, Board, etc.) of the (City, County, etc.) of the City of Milton, Georgia at a regular meeting thereof assembled this 7th day of JulY , 20 14 by the following vote: AYES: NAYS: ABSENT: (SEAL) Clerk of the (City, County, etc.) ICMA-RC • P. O. Box 96220 • Washington, DC 20090-6220 • 1-800-326-7272 ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER 10- 8068 The Employer hereby establishes a Money Purchase Plan and Trust to be known as the City of Milton, Georgia 6.2%Plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust (MPP 01101106). This Plan is an amendment and restatement of an existing defined contribution money purchase plan. I Yes 0 No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer: City of Milton, Georgia _ _ [902] IL The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, J unless an alternate Effective Date is hereby specified: July 1, 2014--------------------- (e.g., January 1, 2006 for the MPP 01/01/06 Plan) III. Plan Year will mean: 71 The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) 10 The twelve (12) consecutive month period commencing on January 1 and each anniversary thereof. IV. Normal Retirement Age shall be age fi5 (not to exceed age 65). [288] V. ELIGIBILITY REQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees All Full Time Employees Salaried Employees Non union Employees Management Employees Public Safety Employees General Employees Other Employees (specify describe the group(s) of eligible employees below) All employees scheduled to work 40 hour; or mare per week hired a rehired on or alter July 1, 2014. The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. Also, the eligibility requirements for participation in the Plan cannot be such that Employees become Participants only in the Plan Year in which the Employees terminate employment (i.e., stand-alone final pay plans). Money Purchase Plan Adoption Agreement 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NIA if an Employee is eligible to participate upon employment) U monthslimmediately If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 16 (not to exceed age 21. Write NIA if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A, B or C. If Option A is not selected, Employer must pick up Participant Contributions under Option B or Option C.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (IFOption B or C is chosen, please complete section D.) 71 A. Employer Contributions. The Employer shall contribute on behalf of each Participant 6.2 % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions 0 are required 0 are not required to be eligible for this Employer Contribution. [7 B. Mandatory Participant Contributions for Plan Participation. A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) 6.2 _% of Earnings, (ii) $ _, or (iii) a whole percentage of Earnings between the range of -----(insert range of percentages between 0% and 20% (e.g., 3916, G%, or 20%; 5% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant, The Employer hereby elects to "pick up" the Mandatory Participant Contributions '(pick up is required if neither Option A nor Option C is selected). 0 Yes 71 No [621] C. Mandatory Participant Contributions for this Portion Pf the Plan. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute (insert range ofpercentages between 0916 and 20% (e.g., 3%, 696, or 20%; 5% to 7%)) of the Employee's Earnings to the Plan for each Plan Year (subject to the limitations of Article V of the Plan). Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings; however, if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2011-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Participant in this portion of the Plan. The Employer hereby elects to "pick up" the Mandatory Participant Contributions (pick up is required if neither Option A nor Option B is selected).' [621 ] 0 Yes 71 No D. Election Window (Complete if Option B or Option C is selected): Newly eligible Employees shall be provided an election window of 30_____ days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employee may also elect to contribute as follows: A. Fixed Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant —% of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed __% of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. B. Variable Emploper Match OfVblunParticipant Contributions, The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): —216 of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding % of Earnings or $ _); PLUS ____% of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate __% of Earnings or $ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or % of Earnings, whichever is _— more or _ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. 71 Yes 0 No 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): bi-weekly See footnote I on the previous page. Money Purchase Plan Adoption Agreement 5. Participant contributions for a Plan Year shall he contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime (b) Bonuses 10 Yes 0 No 0 Yes 0 No (c) Other Pay (specifically describe any other types of pay to be included below) All earnings including short-term disability. VIII. The Employer will permit rollover contributions in accordance with Section 4.11 of the Plan. 21 Yes 0 No IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). L If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated below. Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12 consecutive month period: Money Purchase Plan Adoption Agreement 5 X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Percent Completed Veste Zero loo % One % Two Three % Four % Five Six Seven Eight oda Nine Ten XI. Loans are permitted under the Plan, as provided in Article XIII of the Plan: Yes ✓1 No [751] XII. I. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): [646:8] Normal Retirement Age Age 701/2 Not permitted at any age 2. Tax-free distributions of up to $3,000 for the payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. 0 Yes 0 No (Default) [646:3] XIII. In-service distributions of the Rollover Account are permitted under the Plan as provided in Section 9.07. 11 Yes No (Default) [646:7) XIV. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): A. 17 Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. [646:6] The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. B. 0 Beneficiary Spousal Consent Election (Article XII), The normal form ofpayment of benefits under [646:6] the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. (This is the default provision under the Plan if no selection is made.) C. 0 QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified [642.8] joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. [646:6] Money Purchase Plan Adoption Agreement XV. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either i or 2 below is selected. Final Pay shall be defined as (select one): A. Accrued unpaid vacation B. Accrued unpaid sick leave C. 171 Accrued unpaid vacation and sick leave D. 71 Other (insert definition of final pay): _ that would otherwise be payable to the Employee in cash upon termination. ]. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant s�2 __% of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 2. 10 Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute 6.2 % (insert fixed percentage of final pay to be contributed) or up to __w% (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pickup" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 0 Yes 0 No [621] XVI. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions if either I or 2 is selected below. Accrued Leave shall be defined as (select one): A. Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. Other (insert definition of final pay: that would otherwise be payable to the Employee in cash. 1. 0 Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks) to the Plan (subject to the limitations of Article V of the Plan). 71 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Money Purchase Plan Adoption Agreement 6 71 2. Employee Designated. Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute (insert fixed percentage of accrued unpaid leave to be contributed) or up to _�lo (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. I Yes 0 No [621 ] In order to allow for Final Pay Contributions and/or Accrued Leave Contributions, as defined in sections XV and XVI above, the Plan must also include additional sources of ongoing contributions, such as Fixed Employer Contributions or Mandatory Participant Contributions. In accordance with IRS Guidance, ICMA-RC will not process Final Pay Contribution or Accrued Leave Contribution Features as part of a "Stand Alone" Final Pay Plan, XVII. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVIII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIX. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XXI. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this 7th day of July 2014 EMPLOYER By: Print Name: Joe Lockwood Title: ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Washington, DC 20002-4240 202-962-8096 By: Print Name: Title: Attest: Money Purchase Plan Adoption Agreement BS ADMINISTRATIVE SERVICES AGREEMENT Between ICMA Retirement Corporation and City of Milton Type: 401 Account #: 108068 Plan number 108068 2 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement (“Agreement”), made as of the day of , 2014 (herein referred to as the “Inception Date”), between the International City Management Association Retirement Corporation (“ICMA-RC”), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of Milton (“Employer”), a City organized and existing under the laws of the State of Georgia with an office 13000 Deerfield Parkway, Suite 107A, Milton,, Georgia 30004. RECITALS Employer acts as public plan sponsor of a retirement plan (“Plan”), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan; VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81-100, 1981-1 C.B. 326, which provides for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to VantageTrust Company, LLC, the Trustee of VantageTrust; ICMA-RC has designed, and VantageTrust offers, a series of separate funds (the “Funds”) for the investment of plan assets as referenced in VantageTrust’s principal disclosure document, “Making Sound Investment Decisions: A Retirement Investment Guide” and the accompanying VantageTrust Fund Fees and Expenses document (“Retirement Investment Guide”). The Funds are available only to public employers and only through VantageTrust and ICMA-RC. In addition to serving as investment adviser to VantageTrust, ICMA-RC provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. Plan number 108068 3 AGREEMENTS 1. Appointment of ICMA-RC Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. 2. Adoption of Trust Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust. Employer agrees that the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. 3. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in VantageTrust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). Employer also agrees that it will notify ICMA-RC in a timely manner regarding changes in staff as it relates to various roles. This is to be completed through the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide reports, statements and account information to the Employer through EZLink, the online plan administrative tool. Employer is required to send in contributions through EZLink, the online plan administration tool provided by ICMA-RC. Alternative electronic methods may be allowed, but must be approved by ICMA-RC for use. Contributions may not be sent through paper submittal documents. To the extent Employer selects third-party funds that do not have fund profile information provided to ICMA-RC through our electronic data feeds from external sources (such as Morningstar) or third party fund providers, the Employer is responsible for providing to ICMA-RC timely fund investment updates for disclosure to Plan participants. Such updates may be provided to ICMA-RC through the Employer’s investment consultant or other designated representative. Plan number 108068 4 Failure to provide timely fund profile update information, including the source of the information, may result in a lack of fund information for participants, as ICMA-RC will remove outdated fund profile information from the systems that provide fund information to Plan participants. 4. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of ICMA-RC to serve as investment adviser to VantageTrust is dependent upon the continued willingness of VantageTrust for ICMA-RC to serve in that capacity. (b) ICMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. (c) ICMA-RC shall maintain and administer the Plan in accordance with the requirements for plans which satisfy the qualification requirements of Section 401 of the Internal Revenue Code and other applicable federal law; provided, however, ICMA-RC shall not be responsible for the qualified status of the Plan in the event that the Employer directs ICMA- RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of ICMA-RC's standardized plan document, ICMA-RC shall not be responsible for the qualified status of the Plan to the extent affected by the differing terms in the Employer's plan document. ICMA-RC shall not be responsible for monitoring state or local law or for administering the Plan in compliance with local or state requirements unless Employer notifies ICMA-RC of any such local or state requirements. Employer represents and warrants to ICMA-RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that ICMA-RC’s sole function under this Agreement is to act as recordkeeper and to provide administrative, Plan number 108068 5 investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not render investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and its related trust. ICMA-RC does not perform any service under this Agreement that might cause ICMA-RC to be treated as a “fiduciary” of the Plan under applicable law. (f) Employer acknowledges and agrees that ICMA-RC does not assume any responsibility with respect to the selection or retention of the Plan’s investment options. Employer shall have exclusive responsibility for the Plan’s investment options, including the selection of the applicable mutual fund share class. Where applicable, Employer understands that the VT Retirement Income Advantage Fund is an investment option for the Plan and that the fund invests in a separate account available through a group variable annuity contract. By entering into this Agreement, Employer acknowledges that it has received the Important Considerations document and the Retirement Investment Guide and that it has read the information therein concerning the VT Retirement Income Advantage Fund. (g) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (h) Employer acknowledges that it has received ICMA-RC’s Fee Disclosure Statement, prepared in substantial conformance with ERISA regulations regarding the disclosure of fees to plan sponsors. (i) Employer approves the use of its Plan in ICMA-RC external media, publications and materials. Examples include press releases announcements and inclusion of the general plan information in request for proposal responses. 5. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a Plan number 108068 6 former spouse, current spouse, or child pursuant to a domestic relations order or child support order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.55% per annum of the amount of Plan assets invested in VantageTrust. Such fee shall be computed based on average daily net Plan assets in VantageTrust. (b) Mutual Fund Services Fee. There is an annual charge of 0.15% assessed against average daily net Plan assets invested in VantageTrust’s Trust Series funds, which are a group of funds each of which invests substantially all of its assets in a third-party mutual fund not affiliated with ICMA-RC. . (c) Compensation for Management Services to VantageTrust, Compensation for Advisory and other Services to The Vantagepoint Funds and Payments from Third-Party Mutual Funds. Employer acknowledges that, in addition to amounts payable under this Agreement, ICMA-RC receives fees from VantageTrust for investment advisory services and plan and participant services furnished to VantageTrust. Employer further acknowledges that certain wholly owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to The Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a VantageTrust Fund that invests substantially all of its assets in a third-party mutual fund not affiliated with ICMA-RC, ICMA-RC or its wholly owned subsidiary receives payments from the third-party mutual fund families or their service providers in the form of 12b-1 fees, service fees, compensation for sub-accounting and other services provided based on assets in the underlying third-party mutual fund. These fees are described in the Retirement Investment Guide and ICMA-RC’s fee disclosure statement. In addition, to the extent that third party mutual funds are included in the investment line-up for the Plan, ICMA-RC receives administrative fees from its third party mutual fund settlement and clearing agent for providing administrative and other services based on assets invested in third party mutual funds; such administrative fees come from payments made by third party mutual funds to the settlement and clearing agent. (d) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. ICMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund’s policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. Plan number 108068 7 (e) Payment Procedures. All payments to ICMA-RC pursuant to this Section 6 shall be made from Plan assets held by VantageTrust or received from third party mutual funds or their service providers in connection with Plan assets invested in such third party mutual funds, to the extent not paid by the Employer. The amount of Plan assets held through VantageTrust shall be adjusted by VantageTrust as required to reflect any such payments as are made from Plan assets invested in VantageTrust. In the event that the Employer agrees to pay amounts owed pursuant to this Section 6 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets held by VantageTrust. The compensation and payment set forth in this Section 6 are contingent upon the Employer’s use of ICMA-RC’s EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. 7. Contribution Remittance Employer understands that amounts invested through VantageTrust are to be remitted directly to VantageTrust in accordance with instructions provided to Employer by ICMA- RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. 8. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan or its related trust, other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney’s fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or its related trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC’s negligence, bad faith, or willful misconduct. 9. Term This Agreement shall be in effect and commence on the date all parties have signed and executed this Agreement (“Inception Date”). This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other; provided however, that the Employer understands and agrees that, in the event the Employer terminates this Agreement (or replaces the VT PLUS Fund as an investment option in its investment line-up), ICMA-RC retains full discretion to release Plan assets invested in the VT PLUS Fund in an orderly manner over a period of up to 12 months from the date ICMA-RC receives written notification from the Employer that it has made a final and Plan number 108068 8 binding selection of a replacement for ICMA-RC as administrator of the Plan (or a replacement investment option for the VT PLUS Fund). 10. Amendments and Adjustments (a) This Agreement may be amended by written instrument signed by the parties. (b) ICMA-RC may amend this agreement by providing 60 days’ advance written notice to the Employer prior to the effective date of such proposed amendment. Such amendment shall become effective unless, within the 60-day notice period, the Employer notifies ICMA-RC in writing that it objects to such amendment. (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements, electronic messages or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement, electronic or special mailing. 11. Notices All notices required to be delivered under this Agreement shall be in writing and shall be delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below or to such other address or to the attention of such other persons as such party may hereafter specify by notice to the other party. ICMA-RC: Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240 Facsimile; (202) 962-4601 Employer: at the office set forth in the first paragraph hereof, or to any other address, facsimile number or e-mail address designated by the Employer to receive the same by written notice similarly given. Each such notice, request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address. 12. Complete Agreement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or Plan number 108068 9 representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 14. Incorporation of Schedules All Schedules (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 15. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. Plan number 108068 10 In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. CITY OF MILTON By _______________________ Date ____________ Signature ________________________________________ Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By _____________________________ Angela C. Montez Assistant Corporate Secretary Please return fully executed contract to: New Business Services ICMA-RC 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 Plan number 108068 11 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan’s administration. Employees will enroll online or through a paper form. Employer can also enroll employees through EZLink. (Use for 401 ASAs) (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Plan. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to ICMA-RC through Account Access, EZLink or form), beneficiary designation instructions and all other and documents concerning each participant's account. Provision of periodic reports to the Employer through EZLink Participants will have access to account information through Investor Services, Voice Response System, Account Access and through quarterly statements that can be delivered electronically through Account Access or by postal service. (f) Communication to participants of information regarding their rights and elections under the Plan. (g) Making available Investor Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (h) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through Account Access or via form. Plan number 108068 12 (i) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held there under. (j) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. Participants can request loans through Investor Services or Account Access. (k) Guided Pathways – Participant Advice and Guidance may be made available through a third party vendor on the terms specified on ICMA- RC’s website. (l) ICMA-RC will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience, effectiveness, etc.). �i HOME OF ` MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 1, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution to Approve a Defined Contribution Pension Pian that will Serve as a Social Security Replacement Plan for Those Employees Regularly Scheduled to Work Less Than 40 Hours per Week and Hired or Rehired on or After July 1, 2014. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: (XYES CITY ATTORNEY REVIEW REQUIRED: 4 YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS $,APPROVED () NOT APPROVED () NO () NO O NOT APPROVED o --i v -7 4 1 4 © '* YOU( ., ,, PHONE: 678.242.25001 FAX: 678.242.2499 0`'GI"ee#1 * �no� infoftltyofmiltonga.us I www.cityofmiltonga.us N'offl—I C0111f111llnity V '--'� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ®' �e< To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on June 25, 2014 for the July 7, 2014 Regular Council Meeting Agenda Item: Consideration of a Resolution to Approve a Defined Contribution Pension Plan that will Serve as a Social Security Replacement Plan for Those Employees Regularly Scheduled to Work Less than 40 Hours per Week and Hired or Rehired on or After July 1, 2014. ____________________________________________________________________________ Department Recommendation: Approve a defined contribution pension plan that will serve as a social security replacement plan. Executive Summary: The attached defined contribution pension plan will serve as a social security replacement plan. This plan will require that employees and the city contribute 3.75% of salary rather than participate in social security. Participation in this plan is mandatory for the employee and the city. Funding and Fiscal Impact: The adoption of this plan may cost 3.75% of employee salary. Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis (June 25 2014) Blake MacKay – Alston & Bird (June 25, 2014) Concurrent Review: Chris Lagerbloom City Manager Attachment(s): Administrative Services Agreement and Plan Document 0 This booklet contains the following documents: • Suggested Resolution • Adoption Agreement • Plan Administration with Electronic Access • Implementation Data Form • EZ Link Access Form • Processing Policies for Contributions and Loan Repayments • Contribution Submittal Instructions RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A MONEY PURCHASE PLAN RESOLUTION OF City of Milton, Georgia (EMPLOYER NAME). PLAN NUMBER 10- 8025 WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the Employer desires that its money purchase retirement plan be administered by ICMA-RC and that the funds held in such plan be invested in the VantageTrust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans: NOW THEREFORE BE IT RESOLVED that the Employer hereby establishes or has established a money purchase retirement plan (the "Plan") in the form of: (Select one) I� The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific provisions of the Adoption Agreement (executed copy attached hereto). The Plan and Trust provided by the Employer (executed copy attached hereto). The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and BE IT FURTHER RESOLVED that the Employcr hereby executes the Declaration of Trust of VantageTrust, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the VantageTrust. BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the VantageTrust, and BE IT FURTHER resolved that the Director of Human Resources (use title of official, not name) shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the VantageTrust; shall cast, on behalf of the Employer, any required votes under the VantageTrust•, may delegate any administrative duties relating to the Plan to appropriate departments; and BE IT FURTHER RESOLVED that the Employer hereby authorizes the City Manager (use title not name) to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan. 1, Sudie AM Gordon Clerk of the (City, County, etc.) of the City of Milton, Georgia , do hereby certify that the foregoing resolution proposed by (Council Member, Trustee, etc.) of the City of Milton, Georgia , was duly passed and adopted by the (Council, Board, etc.) of the (City, County, etc.) of the City of Milton, Georgia at a regular meeting thereof assembled this 7th day of Duly , 20 11 , by the following yore: AYES: NAYS: ABSENT: (SEAL) Clerk of the (City, County, etc.) ICMA-RC • P. O. Box 96220 • Washington, DC 20090-6220 • 1-800-326-7272 iCMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER 10- 8025 The Employer hereby establishes a Money Purchase Plan and Trust to be known as the City of Milton, Georgia PT 3.75% plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase ~ Plan and Trust (MPP 01101106). Zhis Plan is an amendment and restatement of an existing defined contribution money purchase plan. 0 Yes 0 No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer: City of Milton, Georgia __ _ _ _ _ [902] II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, J unless an alternate Effective Date is hereby specified: July 1, 2014 (e.g., January 1, 2006 for the MPP 01/01/06 Plan) III. Plan Year will mean: 71 The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.030 of the Plan.) 0 The twelve (12) consecutive month period commencing on January 1 _ and each anniversary thereof. IV. Normal Retirement Age shall be age 215_ (not to exceed age 65). [288] V. ELIGIBILITY REQUIREMENTS: 1. 'lhe following group or groups of Employees are eligible to participate in the Plan: All Employees All Full Time Employees Salaried Employees Non union Employees Management Employees Public Safety Employees General Employees XOther Employees (specify describe the group(s) of eligible employees below) AA empinyaes scheduled ZO—k less than 40 hours par—ak hired w rehn ad on nr &%r Jury 7, 2014, The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. Also, the eligibility requirements for participation in the Plan cannot be such that Employees become Participants only in the Plan Year in which the Employees terminate employment (i.e., stand-alone final pay plans). Money Purchase Plan Adoption Agreement 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NIA if an Employee is eligible to participate upon employment) 0 monthshmmediately If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification, 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 16 (not to exceed age 21. Write NIA if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A, B or C. If Option A is not selected, Employer must pick up Participant Contributions under Option B or Option C.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B or C is chosen, please complete section D.) 0 A. Employer Contributions. The Employer shall contribute on behalf of each Participant 3.75--2/o of Earnings or $ for the Plan Year (subject to rhe limitations of Article V of the Plan). Mandatory Participant Contributions 0 are required 0 are not required to be eligible for this Employer Contribution. L0 B. Mandatory Participant Contributions for Plan Participation. A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) 3.75 _% of Earnings, (ii) $ , or (iii) a whole percenragc of Earnings between the range of __(insert range of percentages between 0% and 20% (e.g., 3916, 6%, or 20%; 5Yo to 7%)), as dcsignatcd by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory Participant Contributions '(pick up is required if neither Option A nor Option C is selected). 0 Yes 0 No [6211 C. Mandatory Participant Contributions for this Portion of the Plan. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute (insert range of percentages between 0% rind 20% (e.g., 3%, G%, or 20%; 5% to 7%)) of the Employee's Earnings to the Plan for each Plan Year (subject to the limitations of Article V of the Plan). Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income rax purposes. Pick-up contributions are not mandated to receive private letter rulings; however, ifan adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2011-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Participant in this portion of the Plan. 'The Employer hereby elects to "pick up" the Mandatory Participant Contributions (pick up is required if neither Option A nor Option B is selected).' [621 ] 0 Yes 0 No D. Election Window (Complete if Option B or Option C is selected): Newly eligible Employees shall be provided an election window of30 days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employee may also elect to contribute as follows: A. Fixed Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant --216 of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed __% of Earnings or Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. 10 B. Variable Em to er Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): ---210 of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding —__2/o of Earnings or $ ); PLUS ____10 of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (bur not including Voluntary Participant Contributions exceeding in the aggregate ____% of Earnings or Employer Marching Contributions on behalf of Participant for a Plan Year shall not exceed $__ ____ or __10 of Earnings, whichever is _— more or __ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. 0 Yes LM No 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): See footnote 1 on the previous page. Money Purchase Plan Adoption Agreement 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): bi-weekly VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime (b) Bonuses 0 Yes 0 No 0 Yes Q No (c) Other Pay (specifically describe any other types of pay to be included below) All earnings including short-term disability VIII. The Employer will permit rollover contributions in accordance with Section 4.11 of the Plan. IM Yes 17 No IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated below. Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12 consecutive month period: Money Purchase Plan Adoption Agreement 4 X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Percent Completed Vested Zero ion One % Two Three Four Five six % Seven % Eight % Nine % Ten _ % XI. Loans are permitted under the Plan, as provided in Article XIII of the Plan: 0 Yes 71 No [751 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): [646:8] (� Normal Retirement Age (� Age 70�/s I Not permitted at any age 2. Tax-free distributions of up to $3,000 for the payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. Yes No (Default) [646:3] XIII. In-service distributions of the Rollover Account are permitted under the Plan as provided in Section 9.07. 0 Yes 0 No (Default) [646:7] XIV. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): A. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. [646:6] The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. B. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under [646:6] the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ('This is the default provision under the Plan if no selection is made.) C. 0 QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified [642:8] joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. [646:6] 5 Money Purchase Plan Adoption Agreement XV XVI. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. Final Pay shall be defined as (select one): A. 0 Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. Other (insert definition of final pay): that would otherwise be payable to the Employee in cash upon termination. 1. L� Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant 3.75 __16 of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 2. 0 Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute 3.75 _% (insert fixed percentage of final pay to be contributed) or up to __ _% (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 0 Yes 0 No [6211 ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions if either 1 or 2 is selected below. Accrued Leave shall be defined as (select one): Accrued unpaid vacation Accrued unpaid sick leave Accrued unpaid vacation and sick leave Other (insert definition of final pay: that would otherwise be payable to the Employee in cash. 1. 0 Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks) to the Plan (subject to the limitations of Article V of the Plan). 0 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant __ % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Money Purchase Plan Adoption Agreement 6 17 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute ---- 210 (insert fixed percentage of accrued unpaid leave to be contributed) or up to —_—% (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 171 Yes 0 No [621] In order to allow for Final Pay Contributions and/or Accrued Leave Contributions, as defined in sections XV and XVI above, the Plan must also include additional sources of ongoing contributions, such as Fixed Employer Contributions or Mandatory Participant Contributions. In accordance with IRS Guidance, ICMA-RC will not process Final Pay Contribution or Accrued Leave Contribution Features as part of a "Stand Alone" Final Pay Plan. XVIL The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVIII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIX. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XXL An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this 20 EMPLOYER By: Print Name: Title: day of 1CMA RETIREMENT CORPORATION 777 North Capitol St., NE Washington, DC 20002-4240 202-962-8096 By: Print Name: Title: Money Purchase Plan Adoption Agreement ADMINISTRATIVE SERVICES AGREEMENT Between ICMA Retirement Corporation and City of Milton Type: 401 Account #: 108025 Plan number 108025 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement"), made as of the day of , 2014 (herein referred to as the "Inception Date"), between the International City Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of Milton City ("Employer"), a City organized and existing under the laws of the State of Georgia with an office at 13000 Deerfield Parkway, Suite 107A Milton, Milton, Georgia 30004.. RECITALS Employer acts as public plan sponsor of a retirement plan ("Plan"), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan; VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81-100, 1981-1 C.B. 325, which provides for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to VantageTrust Company, LLC, the Trustee of VantageTrust; ICMA-RC has designed, and VantageTrust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in VantageTrust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide" and the accompanying VantageTrust Fund Fees and Expenses document ("Retirement Investment Guide"). The Funds are available only to public employers and only through VantageTrust and ICMA-RC. In addition to serving as investment adviser to VantageTrust, ICMA-RC provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. 2 AGREEMENTS Appointment of ICMA-RC Plan number I08025 Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. 2. Adoption of Trust Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust. Employer agrees that operation of the Plan and the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in VantageTrust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). Employer also agrees that it will notify ICMA-RC in a timely manner regarding changes in staff as it relates to various roles. This is to be completed through the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide reports, statements and account information to the Employer through EZLink, the online plan administrative tool. Employer is required to send in contributions through EZLink, the online plan administration tool provided by ICMA-RC. Alternative electronic methods may be allowed, but must be approved by ICMA-RC for use. Contributions may not be sent through paper submittal documents. To the extent Employer selects third -party funds that do not have fund profile information provided to ICMA-RC through our electronic data feeds from external sources (such as Morningstar) or third party fund providers, the Employer is responsible for providing to ICMA-RC timely fund investment updates for disclosure to Plan participants. Such updates may be provided to ICMA-RC through the Employer's investment consultant or other designated representative. Plan number 108025 Failure to provide timely fund profile update information, including the source of the information, may result in a lack of fund information for participants, as ICMA-RC will remove outdated fund profile information from the systems that provide fund information to Plan participants. 4. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of ICMA-RC to serve as investment adviser to VantageTrust is dependent upon the continued willingness of VantageTrust for ICMA-RC to serve in that capacity. (b) 1CMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. (c) ICMA-RC shall maintain and administer the Plan in accordance with the requirements for plans which satisfy the qualification requirements of Section 401 of the Internal Revenue Code and other applicable federal law; provided, however, ICMA-RC shall not be responsible for the qualified status of the Plan in the event that the Employer directs ICMA- RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of ICMA-RC's standardized plan document, ICMA-RC shall not be responsible for the qualified status of the Plan to the extent affected by the differing terms in the Employer's plan document. ICMA-RC shall not be responsible for monitoring state or local law or for administering the Plan in compliance with local or state requirements unless Employer notifies ICMA-RC of any such local or state requirements. Employer represents and warrants to ICMA-RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the PIan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that ICMA-RC's sole function under this Agreement is to act as recordkeeper and to provide administrative, 4 Plan number 108025 investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not render investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and its related trust. ICMA-RC does not perform any service under this Agreement that might cause ICMA-RC to be treated as a "fiduciary" of the Plan under applicable law. (f) Employer acknowledges and agrees that ICMA-RC does not assume any responsibility with respect to the selection or retention of the Plan's investment options. Employer shall have exclusive responsibility for the Plan's investment options, including the selection of the applicable mutual fund share class. Where applicable, Employer understands that the VT Retirement Income Advantage Fund is an investment option for the Plan and that the fund invests in a separate account available through a group variable annuity contract. By entering into this Agreement, Employer acknowledges that it has received the Important Considerations document and the Retirement Investment Guide and that it has read the information therein concerning the VT Retirement Income Advantage Fund. (g) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (h) Employer acknowledges that it has received ICMA-RC's Fee Disclosure Statement, prepared in substantial conformance with ERISA regulations regarding the disclosure of fees to plan sponsors. (i) Employer approves the use of its Plan in ICMA-RC external media, publications and materials. Examples include press releases announcements and inclusion of the general plan information in request for proposal responses. 5. Participation in Certain Proceedin s The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Plan, Unless Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a Plan number 108025 former spouse, current spouse, or child pursuant to a domestic relations order or child support order. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.55% per annum of the amount of Plan assets invested in VantageTrust. Such fee shall be computed based on average daily net Plan assets in VantageTrust. (b) Mutual Fund Services Fee. There is an annual charge of 0.15% assessed against average daily net Plan assets invested in VantageTrust's Trust Series funds, which are a group of funds each of which invests substantially all of its assets in a third -party mutual fund not affiliated with ICMA-RC. . (c) Compensation for Management Services to VantageTrust, Compensation for Advisory and other Services to The Vantagepoint Funds and Payments from Third -Party Mutual Funds. Employer acknowledges that, in addition to amounts payable under this Agreement, ICMA-RC receives fees from VantageTrust for investment advisory services and plan and participant services furnished to VantageTrust. Employer further acknowledges that certain wholly owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to The Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a VantageTrust Fund that invests substantially all of its assets in a third -party mutual fund not affiliated with ICMA-RC, ICMA-RC or its wholly owned subsidiary receives payments from the third -party mutual fund families or their service providers in the form of 12b -I fees, service fees, compensation for sub -accounting and other services provided based on assets in the underlying third -party mutual fund. These fees are described in the Retirement Investment Guide and ICMA-RC's fee disclosure statement. In addition, to the extent that third party mutual funds are included in the investment line-up for the flan, ICMA-RC receives administrative fees from its third party mutual fund settlement and clearing agent for providing administrative and other services based on assets invested in third party mutual funds; such administrative fees come from payments made by third party mutual funds to the settlement and clearing agent. (d) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. ICMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund's policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. IN Plan number 108025 (e) Payment Procedures. All payments to ICMA-RC pursuant to this Section 6 shall be made from Plan assets held by VantageTrust or received from third party mutual funds or their service providers in connection with Plan assets invested in such third party mutual funds, to the extent not paid by the Employer. The amount of Plan assets held through VantageTrust shall be adjusted by VantageTrust as required to reflect any such payments as are made from Plan assets invested in VantageTrust. In the event that the Employer agrees to pay amounts owed pursuant to this Section 6 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets held by VantageTrust. The compensation and payment set forth in this Section 6 are contingent upon the Employer's use of ICMA-RC's EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. Contribution Remittance Employer understands that amounts invested through VantageTrust are to be remitted directly to VantageTrust in accordance with instructions provided to Employer by ICMA- RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan or its related trust, other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold 1CMA- RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or its related trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful misconduct. 9. Term This Agreement shall be in effect and commence on the date all parties have signed and executed this Agreement ("Inception Date"). This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other; provided however, that the Employer understands and agrees that, in the event the Employer terminates this Agreement (or replaces the VT PLUS Fund as an investment option in its investment line-up), ICMA-RC retains full discretion to release Plan assets invested in the VT PLUS Fund in an orderly manner over a period of up to 12 months from the date 7 Plan number 108025 ICMA-RC receives written notification from the Employer that it has made a final and binding selection of a replacement for ICMA-RC as administrator of the Plan (or a replacement investment option for the VT PLUS Fund). 10. Amendments and Adjustments (a) This Agreement may be amended by written instrument signed by the parties. (b) ICMA-RC may amend this agreement by providing 60 days' advance written notice to the Employer prior to the effective date of such proposed amendment. Such amendment shall become effective unless, within the 60 -day notice period, the Employer notifies ICMA-RC in writing that it objects to such amendment. (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements, electronic messages or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement, electronic or special mailing. IL Notices All notices required to be delivered under this Agreement shall be in writing and shall be delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below or to such other address or to the attention of such other persons as such party may hereafter specify by notice to the other party. ICMA-RC: Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240 Facsimile; (202) 962-4601 Employer: at the office set forth in the first paragraph hereof, or to any other address, facsimile number or e-mail address designated by the Employer to receive the same by written notice similarly given. Each such notice, request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address. 12. Complete AjZreement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its Plan number 108025 date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 14. Inco oration of Schedules All Schedules (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 15. Govennin Law This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. 0 Plan number 108025 In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. CITY OF MILTON CITY Date Signature Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION ,• 1 B I � J Y Angela C. Montez Assistant Corporate Secretary Please return fully executed contract to: New Business Unit ICMA-RC 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 111 Plan number 108025 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. Employees will enroll online or through form. ICMA-RC will provide an enrollment Iink through the general ICMA-RC web site. Plan sponsor will also make available the online enrollment link in their Intranet site or via email to new employees. Employer can also enroll employees through EZLink. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Plan. Participants can complete allocations through Investor Services, Voice Response System or through Account Access, the secure participant online system provided by ICMA-RC. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to ICMA-RC through Account Access, EZLink or form), beneficiary designation instructions and all other and documents concerning each participant's account, and if applicable, records of any transaction conducted through the Voice Response Unit ("VRU"), Account Access or other electronic means. (f) Provision of periodic reports to the Employer through EZLink Participants will have access to account information through Investor Services, Voice Response System, Account Access and through quarterly statements that can be delivered electronically through Account Access or by postal service. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities Plan number 108025 markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll-free number and access to VantageLine, ICMA- RC's interactive VRU, and ICMA-RC's web site, to allow participants to access certain account information and initiate plan transactions at any time. Account access and VantageLine are normally available 24 hours a day, seven days a week except during scheduled maintenance periods designed to ensure high-quality performance. The scheduled maintenance window is outlined at https://harperl.icmarc.org/login.osp (j) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through Account Access or via form. (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held there under. (1) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. Participants can request loans through Investor Services or Account Access. (m) Guided Pathways — Participant Advice and Guidance may be made available through a third party vendor on the terms specified on ICMA- RC's website. (n) ICMA-RC will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience, effectiveness, etc.). 12 0 HOME OF ' 1I t 0 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution to Approve a Defined Contribution Pension Plan that Matches Employee Contributions to a 457 Plan for Those Employees Hired or Rehired on or After July 1, 2014. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V, YES O NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY {APPROVED () NOT APPROVED PLACED ON AGENDA FOR: t)-7,0-714 REMARKS 41 ©v your �`1`-_ nL * * *� PHONE: 678.242.2500 FAX: 678.242.2499 PACE AWARDGree *Certified ; Top.�ioo RAAREACity of info@cityofmiltonga.us I www.cityofmiltonga.us Community 4, Erhirji 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �'zV To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on June 25, 2014 for the July 7, 2014 Regular Council Meeting Agenda Item: Consideration of a Resolution to Approve a Defined Contribution Pension Plan that Matches Employee Contributions to a 457 Plan for Those Employees Hired or Rehired on or after July 1, 2014. ____________________________________________________________________________ Department Recommendation: Approve a defined contribution pension plan that matches employee contributions to a 457 plan. Executive Summary: The attached defined contribution pension plan establishes a 2/1 match for employees who contribute to their 457 account. This plan will match up to 6% of the employee’s contribution with a 200% match not to exceed 12% of salary. This plan is voluntary. Funding and Fiscal Impact: The adoption of this plan may cost up to 12% of employee salary. Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis (June 25, 2014) Blake MacKay – Alston & Bird (June 25, 2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Administrative Services Agreement and Plan Document D This booklet contains the following documents: • Suggested Resolution • Adoption Agreement • Plan Administration with Electronic Access • Implementation Data Form • EZ Link Access Form • Processing Policies for Contributions and Loan Repayments • Contribution Submittal Instructions RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A PROFIT-SHARING PLAN RESOLUTION OF the City of Muton. Georgia WHEREAS, the Employer has employees rendering valuable services; and (EMPLOYER NAME). PLAN NUMBER 10 8031 WHEREAS, the establishment of a profit-sharing retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the Employer desires that its profit-sharing retirement plan be administered by ICMA-RC and that the funds held in such plan be invested in the VantageTrust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans: NOW THEREFORE BE IT RESOLVED that the Employer hereby establishes or has established a profit-sharing retirement plan (the "Plan") in the form of: (Select one) 71 The ICMA Retirement Corporation Governmental Profit -Sharing Plan & Trust, pursuant to the specific provisions of the Adoption Agreement (executed copy attached hereto). 0 The Plan and Trust provided by the Employer (executed copy attached hereto). The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of VantageTrust, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the VantageTrust. BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the VantageTrust, and BE IT FURTHER RESOLVED that the Director of Human Resources (use title of official, not name) shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the VantageTrust; shall cast, on behalf of the Employer, any required votes under the VantageTrust; may delegate any administrative duties relating to the Plan to appropriate departments; and BE IT FURTHER RESOLVED that the Employer hereby authorizes the City Manager (use title not name) to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan. 1 Sudie AM Gordon , Clerk of the (City, County, etc.) of the City of Milton, Georgia , do hereby certify that the foregoing resolution proposed by (Council Member, Trustee, etc.) of the City of Milton, Georgia , was duly passed and adopted by the (Council, Board, etc.) of the (City, County, etc.) of the City of Milton, Georgia at a regular meeting thereof assembled this 7th day of July , 20 14 by the following vote: AYES: NAYS: ABSENT: (SEAL) Clerk of the (City, County, etc.) ICMA-RC • P. O. Box 96220 • Washington, DC 20090-6220. 1-800-326-7272 ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST ADOPTION AGREEMENT PIAN NUMBER 10 8031 The Employer hereby establishes a Profit Sharing Plan and Trust to be known as the City of Milton, Georgia 6112 plan(the "Plan') in the form of the ICMA Retirement Corporation Governmental Profit Sharing Plan and Trust (PSP 01101106). [906] This Plan is an amendment and restatement of an existing defined contribution profit sharing plan. 0 Yes 71 No If yes, please specify the name of the defined contribution profit sharing plan which this Plan hereby amends and restates: I. Employer: City of Milton, Georgia [902] I1. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: July 1, 2014 (e.g., January 1, 2006 for the PSP 01/01/06 Plan) III. Plan Year will mean: The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.05(h) of the Plan.) 771 The twelve (12) consecutive month period commencing on January 1 _ and each anniversary thereof. IV Normal Retirement Age shall be age 65__ (not to exceed age 65). [288] V. ELIGIBILITY REQUIREMENTS - 1 . EQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees All Full Time Employees Salaried Employees Non union Employees Management Employees Public Safety Employees General Employees Other Employees (specify describe the group(s) of eligible employees below) WI empinyeea sd�eduieo+a work 4a horns or more per week hkee or rehire on or afmr My 7, 2014. The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. Also, the eligibility requirements for participation in the Plan cannot be such that Employees become Participants only in the Plan Year in which the Employees terminate employment (i.e., stand-alone final pay plans). 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NIA if an Employee is eligible to participate upon employment) o months/immediate ------ — If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. Profit Sharing Plan Adoption Agreement 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 1 r (not to exceed age 21. Write NIA if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose all that apply): 71 Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If section B or C is chosen, please complete section D. A. Fixed Employer Contributions. The Employer shall contribute on behalf of each Participant % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions I are required 171 are not required to be eligible for this Employer Contribution. B. Mandatory Participant Contributions for Plan Participation, A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) % of Earnings (ii) $ _, or (iii) a whole percentage of Earnings between the range of (insert range of percentages between 0% and 20% (e.g:, 3916', 6916, or 20%; 5% to 7yo)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory Participant Contributions.' 0 Yes 71 No [621 ] C. Mandatory Participant Contributions for this Portion of the Plan. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute (insert range ofpercentages between 0% and 209b (e.g., 3%, 6916, or 20%; 5% to 7%)) of the Employee's Earnings to the Plan for each Plan Year (subject to the limitations of Article V of the Plan). A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Participant in this portion of the Plan. The Employer hereby elects to "pick up' the Mandatory Participant Contributions.' 0 Yes 0 No [621 ] Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant s gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings, however, ifan adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2007-4 (or subsequent guidance). z See footnote I above. Profit Sharing Plan Adoption AgreemenE D. Election Window. Newly eligible Employees shall be provided an election window of _ _ days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 0 Discretionary Employer Contributions The Employer will determine the amount of Employer contributions to be made to the Plan for each Plan Year. The amount of Employer contributions to be allocated to the Account of each Participant will be based on the ratio for the Plan Year that such Participant's Earnings bears to the Earnings of all Participants eligible for such contributions. 1-1 Fixed Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed _% of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. 0 Variable Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): 200 % of the Voluntary Participant Contributions made by the Participant for the Plan Year (nor including Participant contributions exceeding _e__% of Earnings or $_ ); PLUS ___% of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate % of Earnings or $-------- ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $_____ or 12 % of Earnings, whichever is __ more or _ less. 2. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.06 and Article V of the Plan. 17 Yes 171 No Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): bi-weekly Profit Sharing Plan Adoption Agreement 4. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): VII. CASH OR DEFERRED ARRANGEMENT UNDER SECTION 401(k) 1. This Plan will be a cash or deferred arrangement under section 401(k) of the Code.' 17 Yes 71 No Each Participant may elect to make Elective Deferrals, not to exceed _ % of Earnings for the Plan Year, subject to the limitations of Article V of the Plan. The provisions of the Cash or Deferred Arrangement (CODA) may be made effective as of the first day of the Plan Year in which the CODA is adopted. However, under no circumstances may a salary reduction agreement or other deferral mechanism be adopted retroactively. 2. The Employer will match Elective Deferrals, I Yes 0 No The Employer will contribute as follows (choose one, if applicable): 0 Employer Percentage Match of Elective Deferrals. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): _% of the Elective Deferrals made on behalf of the Participant for the Plan Year (not including Elective Deferrals exceeding __--% of Earnings or $ ); PLUS % of the Elective Deferrals made on behalf of the Participant for the Plan Year in excess of those included in the above paragraph (but not including Elective Deferrals exceeding in the aggregate -% of Earnings or $ ___._). Employer Contributions on behalf of a Participant for a Plan Year shall not exceed $ —_ or %o of Earnings, whichever is __ mare or — less. 0 Employer Dollar Match of Elective Deferrals. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): $_ for each % of Earnings or $ that the Employer contributes on behalf of the Participant as Elective Deferrals for the Plan Year (not including Elective Deferrals exceeding % of Earnings or $ ); PLUS $ _ for each % of Earnings or $____ that the Employer contributes on behalf of the Participant as Elective Deferrals for the Plan Year in excess of those included in the above paragraph (but not including Elective Deferrals exceeding in the aggregate __% of Earnings or $ ). Employer Contributions on behalf of a Participant for a Plan Year shall not exceed $ or % of Earnings, whichever is ___ more or less ' Undercurrent law, the cash or deferred arrangement (CODA) option under section 401(k) of the Code is not available to an employer that is a State or local government or political subdivision thereof, or any agency or instrumentality thereof, unless that employer established a CODA on or before May G, 1986 Profit Sharing Plan Adoption Agreement 3. The Employer will permit Elective Deferrals and Catch-up Contributions elections to be made during the annual election window of days (at least 30 calendar days). The election window will run from _ t0 (insert annual time frame for the election window or multiple time periods) and will not apply retroactively. VIII. EARNINGS Earnings, as defined under Section 2.10 of the Plan, shall include: (a) Overtime 0 Yes No (b) Bonuses 71 Yes No (c) Other Pay (specifically describe any other types of pay to be included below) All earnings including short-lerm disability IX. The Employer will permit rollover contributions in accordance with Section 4.11 of the plan. 10 Yes 11 No X. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.04 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.04(a) through (f) of the Plan will apply, unless another method has been indicated below. Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12 consecutive month period: Profit Sharing Plan Adoption Agreement XI. XII VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent —from 0 to 100 (with no entry after the year in which 10096' is entered), in ascending order.) Period of Service Completed Zero One Two Three Four Five Six Seven Eight Nine Ten WITHDRAWALS AND LOANS Percent Veste 1. 40 60 80 100 1. (401(k) Plans only) Hardship withdrawals are permitted under the Plan as provided in Section 9.07, from the following accounts only (choose as applicable): a. Employer Contribution Account (Nonforfeitable Interest) 71 Yes 0 No b. Participant Elective Deferral Account (not including earnings thereon accrued after December 31, I988) 17 Yes 0 No 2. (401(k) plans only) Qualified reservist distributions are available under the plan. 17 Yes 171 No 3. In-service distributions are permitted under the Plan, as provided in Section 9.08, after a participant attains age (select one of the below options): 1 59 3iz [646:81 0 701h I Not permitted at any age 4. Tax-free distributions of up to $3,000 for the payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. 21 Yes I No [646:3] 5. In-service distributions of the Rollover Account are permitted under the Plan as provided in Section 9.09. 17 Yes A No [646:7] Profit Sharing Plan Adoption Agreement 6 G. Loans are permitted under the Plan, as provided in Article XIII of the Plan - 0 Yes 10 No [751 ] XIII. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): A. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. [646:6] B. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum, Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. {This is the default provision under the Plan if no selection is [646:6] made.) C. 0 QJSA Election (Article XVII). 'Ilse normal form of payment of benefits under the Plan is a 50% qualified )oint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death [642:81 prior to commencing payments, the spouse will receive an annuity for his or her lifetime. [646:6] XIV. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either I or 2 below is selected. Final Pay shall be defined as (select one): A. Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. Other (insert definition of final pay): -- that would otherwise be payable to the Employee in cash upon termination. I. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant _% of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute ___% (insert fixed percentage of final pay to be contributed) or up to ___--% (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. I Yes 0 No [621 7 Profit Sharing Plan Adoption Agreement XV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions if either 1 or 2 is selected below. Accrued Leave shall be defined as (select one): A. Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. 0 Other (insert definition offinal pay): that would otherwise be payable to the Employee in cash. I. 1 Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of _(insert number of hours/days/weeks) to the Plan (subject to the limitations of Article V of the Plan). For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). 2. 0 Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute ____% (insert fixed percentage of accrued unpaid leave to be contributed) or up to Y% (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. I Yes rl No [621 ] In order to allow for Final Pay Contributions and/or Accrued Leave Contributions, as defined in sections XIV and XV above, the Plan must also include additional sources of ongoing contributions, such as Fixed Employer Contributions or Mandatory Participant Contributions. In accordance with IRS Guidance, ICMA-RC will not process Final Pay Contribution or Accrued Leave Contribution Features as part of a "Stand Alone" Final Pay Plan. XVI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XVIII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT SHARING PLAN & TRUST. Profit Sharing Plan Adoption Agreement The Employer hereby agrees to the provisions of the Plan and Trust. XIX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of 20__ EMPLOYER ICMA RETIREMENT CORPORATION By: Print Name: Title: Attest: 777 North Capital St., NE Washington, DC 20002-4290 202-962-8096 By: Print Name: Title- Attest. Profit Sharing Plan Adoption Agreement ADMINISTRATIVE SERVICES AGREEMENT Between 1CMA Retirement Corporation and Cin of Milton Type: 401 Account #: 108031 Plan number 108031 ADMINISTRATIVE SERVICES AGREEMENT 0114 This Administrative Services Agreement ("Agreement"), made as of the day 2014 (herein referred to as the "Inception Date"), between the International City Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of Milton City ("Employer"), a City organized and existing under the laws of the State of Georgia with an office at 13000 Deerfield Parkway, Suite 107A Milton, Milton, Georgia 30004.. RECITALS Employer acts as public plan sponsor of a retirement plan ("Plan"), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan; VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81-100, 1981-I C.B. 326, which provides for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to VantageTrust Company, LLC, the Trustee of VantageTrust; ICMA-RC has designed, and VantageTrust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in VantageTrust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide" and the accompanying VantageTrust Fund Fees and Expenses document ("Retirement Investment Guide"). The Funds are available only to public employers and only through VantageTrust and ICMA-RC. In addition to serving as investment adviser to VantageTrust, ICMA-RC provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. AGREEMENTS Appointment of ICMA-RC Plan number 108031 Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed b. IC -MA -RC shall be those set forth in Exhibit A to this Agreement. ?. Adoption of Trust Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust. Employer agrees that operation of the Plan and the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set torth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. Em to er Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan. including information needed to allocate individual participant accounts to Funds in VantageTrust. and information as to the employment status of participants, and participant ages. addresses. and other identifying information (including tax identification numbers). F..mployer also agrees that it will notify ICMA-RC in a timely manner regarding changes in staff as it relates to various roles. This is to be completed through the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide reports. statements and account information to the Employer through EZLink. the online plan administrative tool. E:mploycr is required to send in contributions through EZLink. the online pian administration tool provided by IC'. -MA -RC. Alternative electronic methods may be allowed. but must be approved by ICMA-RC for use. Contributions may not be sent through paper submittal documents. To the extent Employer selects third -party funds that do not have fund profile information provided to ICMA-RC through our electronic data feeds from external sources (such as Morningstar) or third party fund providers, the Employer is responsible for providing to ICMA-RC time]\ fund investment updates for disclosure to Plan participants. Such updates may be provided to ICMA-RC through the Employer's investment consultant or other designated representative. Plan number 108031 Failure to provide timely fund profile update information. including the source of the information. may result in a lack of fund information for participants, as ICMA-RC will remove outdated fund profile information from the systems that provide fund information to Plan participants. 4, Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of ICMA-RC to serve as investment adviser to VantageTrust is dependent upon the continued w illingness of VantageTrust for ICMA-RC to serve in that capacity. (b) ICMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. (c) ICMA-RC shall maintain and administer the Plan in accordance with the requirements for plans %N hich satisfy the qualification requirements of Section 401 of the Internal Revenue Code and other applicable federal law: provided, however, ICMA-RC shall not be responsible for the qualified status of the Plan in the event that the Employer directs ICMA- RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the Plan not to be carried out in accordance with its terms: provided, further. that if the plan document used by the Employer contains terms that differ from the terms of ICMA-RC's standardized plan document. ICMA-RC shal I not be responsible for the qualified status of the Plan to the extent affected by the differing terms in the Employer's plan document. ICMA-RC shall not be responsible for monitoring state or local iaNti or for administering the Plan in compliance vtith local or state requirements unless Employer notifies ICMA-RC of any such local or state requirements. Employer represents and warrants to ICMA-RC that. (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Pian and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law_ rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that [CMA -RC "s sole function under this Agreement is to act as recordkeeper and to prov ide administrative. Plan number 108031 investment or other services at the direction of Plan participants. the Employer. its agents or designees in accordance w ith the terms of this Agreement. Under the terms of this Agreement. ICMA-RC does not render investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation. adoption or operation of the Plan and its related trust. ICMA-RC does not perform any service under this .Agreement that might cause ICMA-RC to be treated as a "fiduciary" of the Plan under applicable law. (f) Employer acknowledges and agrees that ICMA-RC does not assume any responsibility with respect to the selection or retention of the Plan's investment options. Employer shall have exclusive responsibility for the Plan's investment options, including the selection of the applicable mutual fund share class. Where applicable. Employer understands that the VT Retirement Income Advantage Fund is an investment option for the Pian and that the fund invests in a separate account available through a group variable annuity contract. By entering into this Agreement. Employer acknowledges that it has received the Important Considerations document and the Retirement Investment Guide and that it has read the information therein concerning the VT Retirement Income Advantage Fund. (g) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that [CMA -RC reserves the right to chan�,ye vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (h) Employer acknowledges that it has received ICMA-RC's Fee Disclosure Statement. prepared in substantial conformance with ERISA regulations regarding the disclosure of fees to plan sponsors. (i) Employer approves the use of its Plan in ICMA-RC external media. publications and materials. Examples include press releases announcements and inclusion of the general plan information in request for proposal responses. Particination in Certain Proceedin s The Employer hereby authorizes ICMA-RC to act as agent. to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Plan. Unless Employer notifies ICMA-RC otherwise. Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a Plan number 108031 former spouse. current spouse, or child pursuant to a domestic relations order or child support order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration sere ices under this Agreement shall be 0.55% per annum of the amount of Plan assets invested in VantageTrust. Such fee shall be computed based on average daily net Plan assets in VantageTrust. (b) Mutual Fund Services Fee. There is an annual charge of 0. 15% assessed against average daily net Plan assets invested in VantageTrust's Trust Series funds. which are a graup of funds each of which invests substantially all of its assets in a third -party mutual fund not affiliated with ICMA-RC. . (c) Compensation for Management Services to VantageTrust. Compensation for Advisory and other Services to The Vantagepoint Funds and Payments from Third -Party Mutual Funds. Employer acknowledges that, in addition to amounts payable under this Agreement, ICMA-RC receives fees from VantageTrust for investment advisory services and plan and participant services furnished to VantageTrust. Employer further acknowledges that certain wholly owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished toThe Vantagepoint Funds. which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a VantageTrust Fund that invests substantially all of its assets in a third -parte mutual fund not affiliated "ith ICMA-RC. ICMA-RC or its wholly owned subsidiary receives payments from the third -part) mutual fund families or their service providers in the form of 12b -I fees, service fees, compensation for sub -accounting and other services provided based on assets in the underlying third -party mutual fund, These fees are described in the Retirement Investment Guide and ICMA-RC-s fee disclosure statement. In addition. to the extent that third parte mutual funds are included in the investment line-up for the Plan. ICMA-RC receives administrative fees from its third party mutual fund settlement and clearing agent Iorr providing administrative and other services based on assets invested in third party mutual funds, such administrative fees come from payments made by third party mutual funds to the settlement and clearing agent. (d) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by TCMA-RC. ICMA-RC remits 100%ofredemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual funds polick with respect to redemption tees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. 6 Plan number 108031 (e) Payment Procedures. All payments to ICMA-RC pursuant to this Section 6 shall be made from Plan assets held by VantageTrust or received from third party mutual funds or their service providers in connection with Plan assets invested in such third party mutual funds, to the extent not paid by the Employer. The amount of Plan assets held through VantageTrust shall be adjusted by VantageTrust as required to reflect any such payments as are made from Plan assets invested in VantageTrust, In the event that the Employer agrees to pay amounts owed pursuant to this Section 6 directly. any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets held by VantageTrust. The compensation and payment set forth in this Section 6 are contingent upon the Employer's use of ICMA-RC's EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. 7. Contribution Remittance Employer understands that amounts invested through VantageTrust are to he remitted directly to VantageTrust in accordance with instructions provided to Employer by ICMA- RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC. ICMA-RC may return it to Employer with proper instructions. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan or its related trust. other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- RC harmless from. any and all loss, damage, penalty, liability. cost. and expense. including without limitation. reasonable attorneys fees, that may be incurred by. imposed upon. or asserted against ICMA-RC b% reason of any claim, regulatory proceeding, or litigation arising, from any act done or omitted to be done by any individual or person u A respect to the Plan or its related trust, excepting only any and all loss. damage_ penalty, liability, cost or expense resulting from ICMA-RC's negligcncc. bad faith. or willful misconduct. 9. Term This Agreement shall be in effect and commence on the date all parties have signed and executed this A;reement ("Inception Date"). This Agreement may he terminated without penalty by either party on sixty days advance notice in writing to the other: provided however_ that the Employer understands and agrees that, in the event the Lmployer terminates this Agreement (or replaces the VT PLUS Fund as an investment option in its investment line-up). ICMA-RC retains full discretion to release Plan assets invested in the VT PLUS Fund in an orderly manner over a period of up to 12 months from the date Plan number 108031 ICMA-RC receives written notification from the Lmployer that it has made a final and binding selection of a replacement for ICMA-RC as administrator of the Plan (or a replacement investment option for the VT PLUS Fund). 10. Amendments and Adjustments (a) This Agreement may be amended by written instrument signed by the parties. (b) iCMA-RC may amend this agreement by providing 60 days" advance written notice to the Employer prior to the effective date of such proposed amendment. Such amendment shall become effective unless. within the 60 -day notice period, the Employer notifies ICMA-RC in writing that it objects to such amendment. (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements, electronic messages or special mailings. Likewise. if there are any reductions in fees, these will be announced through the Employer Bulletin. quarterly statement. electronic or special mailing. Il. Notices All notices required to be delivered under this Agreement shall be in writing and shall be delivered. ,nailed. e-mailed or faxed to the location of the relevant party set forth below or to such other address or to the attention of such other persons as such party may hereafter specify by notice to the other party. ICMA-RC: Legal Department. ICMA Retirement Corporation, 777 North Capitol Street, N.E.. Suite 600. Washington. D.C.. 20002-4240 Facsimile: (202) 962-4601 Employer: at the office set forth in the first paragraph hereof. or to any other address. facsimile number or e-mail address designated by the Employer to receive the same by written notice similarly given. Each such notice. request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt. (ii) if given by mail or a -mail, upon transmission to the designated address with no indication that such address is invalid or incorrect. or (iii) if given by any other means. when actually delivered at the aforesaid address. 2. Coml2lete Agreement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights. duties and obligations of each party to the other as of its 8 Plan number 108031 date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. An} prior agreements, promises, negotiations or representations. verbal or otherwise, not expressly set forth in this Agreement are of no force and effect_ 13. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 14. Incorporation of Schedules All Schedules (and any subsequent amendments thereto). attached hereto, and referenced herein. are hereby incorporated within this Agreement as if set forth fully herein. 15. Governin , Law This Agreement shall be governed b� and construed in accordance with the laws of the State of Georgia, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. Plan number 108031 In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. CITY OF MILTON CITY I: Date . 1 q Signature -7j,-V,L-0 4 W004 � G Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By (4 � C. , An ela C. Montez Assistant Corporate Secretary Please return fully executed contract to: New Business Unit ICMA-RC 777 North Capitol Street NE Suite {00 Washington DC 20002-4240 H Plan number 108031 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. Employees will enroll online or through form. ICMA-RC will provide an enrollment link through the general ICMA-RC web site. Plan sponsor will also make available the online enrollment link in their Intranet site or via email to new employees. Employer can also enroll employees through EZLink. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Plan. Participants can complete allocations through Investor Services, Voice Response System or through Account Access, the secure participant online system provided by ICMA-RC. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to ICMA-RC through Account Access, EZLink or form), beneficiary designation instructions and all other and documents concerning each participant's account, and if applicable, records of any transaction conducted through the Voice Response Unit ("VRU"), Account Access or other electronic means. (f) Provision of periodic reports to the Employer through EZLink Participants will have access to account information through Investor Services, Voice Response System, Account Access and through quarterly statements that can be delivered electronically through Account Access or by postal service. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities Plan number 108031 markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll-free number and access to VantageLinc, ICMA- RC's interactive VRU, and ICMA-RC's web site, to allow participants to access certain account information and initiate plan transactions at any time. Account access and VantageLine are normally available 24 hours a day, seven days a week except during scheduled maintenance periods designed to ensure high-quality performance. The scheduled maintenance window is outlined at htt s://ha er1.icmarc.or /lo in.is (j) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through Account Access or via form. (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held there under. (1) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. Participants can request loans through Investor Services or Account Access. (m) Guided Pathways — Participant Advice and Guidance may be made available through a third party vendor on the terms specified on lCMA- RC's website. (n) ICMA-RC will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience, effectiveness, etc.). 12 Plan number 108031 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services. including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. Employees will enroll online or through form. [CMA -RC will provide an enrollment link through the general [CMA -RC web site. Plan sponsor will also make available the online enrollment link in their intranet site or via email to new employees. Employer can also enroll employees through EZLink. (b) Establishment of'participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Plan. Participants can complete allocations through Investor Services. Voice Response System or through Account Access, the secure participant online system provided by [CMA -RC. (d) Maintenance of individual accounts for participants reflecting amounts deferred. income. gain or loss credited. and amounts distributed as benefits. (e) Maintenance of records for a]I participants for whom participant accounts have been established. These files shall include enrollment instructions (pro),ided to ICMA-RC through Account Access, EZLink or form). beneficiary designation instructions and all other and documents concerning each participant's account. and if applicable. records of any transaction ti conducted through the Voice Response Unit ("VRI"'), Account Access or other electronic means. (f) Prov ision of periodic reports to the Employer through EZLink Participants will have access to account information through Investor Services. Voice Response System. Account Access and through quarterly statements that can be delivered electronically through Account Access or by postal service. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) ',Making available investor Services Representatives through a toil -free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities Plan number 108031 markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll-free number and access to VantageLine. ICMA- RC's interactive VRU. and ICMA-RC's web site, to allow participants to access certain account information and initiate pian transactions at any time. Account access and VantageLine are normally available 24 hours a day, seven days a week except during scheduled maintenance periods designed to ensure high-quality performance. The scheduled maintenance window is outlined at htt ,:' bar erl .icmare.or,,.'lo(,in.'s Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through Account Access or via form. (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan. ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held there under. (l) Loans may he made available on the terms specified in the Loan Guidelines. if loans are adopted by the Employer. Participants can request loans through Investor Services or Account Access. (m) Guided Pathways— Participant Advice and Guidance may be made available through a third party vendor on the terms specified on fC MA - (n) website. (n) ICMA-RC will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience. effectiveness. etc.). I2 HOME OF' 3 v ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration a Resolution Adopting the Arnold Mill Road Visioning Study as an Amendment to the 2030 Comprehensive Plan. MEETING DATE: Monday, July 7, 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: O YES NO CITY ATTORNEY REVIEW REQUIRED: () YES �( NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 0-70-714 REMARKS ® YouEM" - PHONE: 678.242.2500 G FAX: 678.242.2499 Green = :certified* Tep"+oa ol info@cityofmiltonga.us I www.cityofmiltonga.us Community I ELhi 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'tea To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on May 1, 2014 for the July 7, 2014 Regular Council Meeting Agenda Item: Consideration of a Resolution Adopting the Arnold Mill Road Visioning Study as an Amendment to the 2030 Comprehensive Plan. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Comprehensive Plan identifies the Arnold Mill Corridor and Character Area as a future development area in need of a master plan. This area shares borders with several other municipalities: Cherokee County, Roswell, and Alpharetta. Since this area did not have the requisites to qualify for an LCI (Livable Centers Initiative) study, the Atlanta Regional Commission (ARC) decided to assist with the coordination of the planning process and a draft plan through their Planning Assistance Program. Beginning in the summer of 2013, the community, as well as the neighboring municipalities, attended meetings with the planning team to convey their vision. The resulting plan outlines the vision for the Arnold Mill Road area. 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): Arnold Mill Road Visioning Study Resolution Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE ARNOLD MILL ROAD VISIONING STUDY AS AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on July 7, 2014 at 6:00 p.m. as follows: WHEREAS, the City of Milton 2030 Comprehensive Plan identifies the Arnold Mill Road area as a Future Development Area and specifies the need to complete a visioning master plan to guide future development; and, WHEREAS, the Atlanta Regional Commission (ARC) agreed to extend assistance through its Planning Assistance Program, to help with the coordination of the planning process and produce a draft visioning plan for the Arnold Mill corridor; and, WHEREAS, in June of 2013 the ARC team and City staff began conducting a series of community meetings and workshops to discuss the future vision; and, WHEREAS, this Plan outlines the vision for the Arnold Mill area as provided through the community’s input, and provides the additional detail and specificity required to implement a Form Based Code Overlay; and, WHEREAS, the Planning Commission recommended approval of the Arnold Mill Road Visioning Study at its April 23, 2014 meeting; and, WHEREAS, adoption of the Plan will amend the 2030 Comprehensive Plan and the Arnold Mill Road Visioning Study will serve as the small area Master Plan for the Arnold Mill area. NOW THEREFORE BE IT RESOLVED, that 1. Arnold Mill Road Visioning Study as an amendment to the City of Milton 2030 Comprehensive Plan. Page 2 of 2 RESOLVED this 7th day of July 2014. ____________________ Joe Lockwood, Mayor Attest: _________________________ Sudie AM Gordon, City Clerk May 2014 DRAFT City of Milton • Atlanta Regional Commission Arnold Mill Road Visioning Study No Text 3Arnold Mill Road Visioning Study - May 2014 DRAFT Introduction and Background 4 Existing Conditions and Resources Reviewed 5 Location and Key Attributes 5 Study Area Note 5 Existing Land Use 9 Plans and Zoning 11 Historic Resources 15 Community Workshop and Other Meetings 17 Water and Sewer 18 Proposed Vision/Recommendations 19 Land Use, Development and Design 19 Transportation 29 Recreation 33 Appendix I - Historic Resources Surveys Appendix II - Landfill Conversion Models CONTENTS 4 Arnold Mill Road Visioning Study - May 2014 DRAFT Introduction and Background Introduction The Atlanta Regional Commission’s (ARC) Community Development Division leads a variety of planning assistance teams each year as a service to communities in metro Atlanta. These activities are designed to respond to targeted, local planning and visioning needs on an ad-hoc basis and are typically outside the more formal context of some of the division’s other functions and programs. ARC’s planning assistance projects typically focus on convening stakeholders, facilitating workshops and charrettes, assembling input, and developing plans. This report is part of ARC’s Planning Assistance Team program and details a land use, transportation and community vision for the Arnold Mill Road corridor in the City of Milton. Background In the spring of 2013, staff from the City of Milton Community Development Department approached ARC for planning assistance to conduct a visioning study for the Arnold Mill Road (SR 140) corridor from the city limits just south of Green Road to the Cherokee County line at the Little River. Arnold Mill Road is identified in Milton’s 2030 Comprehensive Plan as a Character Area designated for future master planning, and the City desired to take a first step in the planning process via this study. City staff communicated several existing, emerging, and potential conditions that formed the basis of requesting assistance at this time. These factors included: • The corridor’s position as a gateway to and from the City of Milton, connecting the neighboring communities of Alpharetta, Cherokee County, and Roswell; • The corridor’s residential and agricultural land uses, forested segments, and potentially historic properties that give it a unique rural and semirural character, especially in relation to other parts of Milton and North Fulton County; • The near-term potential for growth pressure in the corridor due to rebounding development activity in North Fulton County and the City of Milton and to increasing interest from the development community in this specific corridor; • The possibility in the long term of expansions to water and sewer access and treatment capacity in this part of North Fulton County, which would be undertaken by the Fulton County Department of Water Resources and which – even if outside the City limits – could fuel new development in the area; • The significant volume of daily commuter traffic handled by the corridor in a two-lane configuration; • The long-term prospect of widening or other large-scale capacity enhancements to Arnold Mill Road, which is a state route (SR 140) managed by the Georgia Department of Transportation (GDOT); and • The eventual closure of the large landfill at the northern end of the corridor, which is privately owned and operated by Waste Management, Inc. Many of these factors are part of the City’s desire to “get ahead of,” and plan for, potential growth and development pressures in this corridor. Given the corridor’s interplay with multiple neighboring jurisdictions, county and state agencies, and private entities, City of Milton staff felt that ARC could offer a unique regional perspective to this local planning project. As part of its work, ARC worked closely with City staff as a team to facilitate a multi-day workshop and other community meetings in 2013 to gather input from local residents, business owners, property owners, and others on their desires for the future of the corridor. ARC also helped the City engage with Fulton County, GDOT, and Waste Management to better understand their roles in Arnold Mill Road’s future. This resulting report details: • Existing conditions and plans in the corridor; • Potential issues and opportunities; and • A broad, community input-based vision for the future of the corridor in terms of land use, development and design, transportation and infrastructure, the environment, and recreation. 5Arnold Mill Road Visioning Study - May 2014 DRAFT Arnold Mill Road Corridor from Cherokee County to south of Green Road Existing Conditions and Resources Reviewed Location and Key Attributes The Arnold Mill (SR 140) corridor is approximately three miles in length, from the Cherokee County line at the Little River to the Milton city limits south of Green Road. Nearly 100 parcels directly adjoin the corridor, totaling almost 520 acres in land area. The corridor spans much of the western edge of the City of Milton, linking the city with Cherokee County to the north, Roswell to the west, and Alpharetta to the south. The corridor intersects with several thoroughfares, such as: • Green Road • New Providence Road • Cox Road • Ranchette Road • Sweetapple Road • Lackey Road Arnold Mill Road is a heavily traveled commuter corridor. Some of the challenges facing the City involve transportation, including balancing the management of daily vehicular traffic flow with the preservation of the corridor’s rural character and the goal of improving the travel options available along this route. This study focuses more directly on transportation issues in a standalone section within Proposed Vision/Recommendations. Study Area Note For the purposes of this project, the study area mirrors the boundaries of the Arnold Mill Road Master Planning Area as detailed on the City’s Future Development Map, with the Arnold Mill Character Area forming the core of this study’s scope. The Arnold Mill Character Area is detailed in the map on the following page, as well as on pages 11-12 along with the Master Planning Area. The decision to use these areas – already defined by the City in previous planning efforts – as the basis for this study, was intended as a way to maintain a high level of consistency with the City of Milton’s 2030 Comprehensive Plan. It should not be construed to mean that: • The study area boundaries are permanently set or cannot be modified in future iterations of this plan; • Parcels close to the Arnold Mill corridor cannot be part of future iterations of this plan; or • The study area boundaries presuppose any future or potential assembly or subdivision of land. 6 Arnold Mill Road Visioning Study - May 2014 DRAFT 7Arnold Mill Road Visioning Study - May 2014 DRAFT Northern segment of Arnold Mill Road from Cherokee County to Ranchette Road 8 Arnold Mill Road Visioning Study - May 2014 DRAFT Southern segment of Arnold Mill Road from Ranchette Road to Green Road 9Arnold Mill Road Visioning Study - May 2014 DRAFT Existing Land Use Current land uses along the Arnold Mill corridor vary widely, but the following uses predominate, as shown on the City’s Existing Land Use map, developed in 2010: • Large-lot and low-density “open road” residential • Agriculture/Equestrian • Forested/Undeveloped Other uses include: • Industrial • Community Facility • Transportation/Communication/Utility • Private Recreation/Golf Course These land uses, combined with the corridor’s two-lane configuration, give Arnold Mill Road rural and semirural qualities that are distinct from the high-intensity retail uses and higher-density residential subdivisions to the south and east. The images opposite offer a glimpse of this rural aesthetic. 10 Arnold Mill Road Visioning Study - May 2014 DRAFT Heading south/east on SR 140 toward Little River crossing from Cherokee County to Milton Looking north/west on SR 140 toward Little River crossing View of Arnold-Chamblee-Chadwick House, looking south/east on SR 140 View of SR 140 from Ebenezer Methodist Church cemetery 11Arnold Mill Road Visioning Study - May 2014 DRAFT Plans and Zoning Character Area Map The City of Milton’s 2030 Comprehensive Plan breaks the city into eight Character Areas in order to plan appropriately and effectively for sub- areas of the city that feature unique conditions, infrastructure, land uses, and development patterns. The Arnold Mill Road corridor represents one of these Character Areas, with specific attributes and principles that guide its future development. The key tenets of the plan’s current vision for the Arnold Mill corridor are to: • Respect the corridor’s rural character • Preserve open space • Avoid strip commercial development • Channel any non-residential or mixed-use growth into small nodes, separated by open space • Allow only relatively low-intensity uses, such as: o Agriculture, Equestrian, and Estate o Low/Medium-Density Residential o Retail & Service o Parks, Recreation & Conservation • Apply design standards to new development to align with rural preservation goals • Preserve historic and environmental resources along the corridor Arnold Mill Character Area Highlighted in Purple 12 Arnold Mill Road Visioning Study - May 2014 DRAFT Future Development Map On its Future Development Map, the Comprehensive Plan visually depicts the city’s Character Areas, including Arnold Mill. The Arnold Mill Character Area, like the others, is a parcel-based geography. It includes all parcels within the City limits with frontage on Arnold Mill Road. The Future Development Map also designates certain sections of the city for special planning attention. Master Planning Area: The Arnold Mill Road Character Area is identified as a Master Planning Area for additional focus because of its special position as a gateway into the city, and due to the city’s desire to preserve the corridor’s scenic and rural qualities while providing controlled, small-scale outlets for development pressure. Gateways: The Comprehensive Plan indicates that gateways are important identifiers that distinguish the community from others, not only for directional purposes but also for economic development and marketing purposes. The plan designates the intersection of the Milton city limits with Arnold Mill Road – both at the Fulton/Cherokee County line and at the city boundary south of Green Road – as gateway areas into Milton. These areas are identified as locations for welcome signage and landscaping. Rural Viewshed: Milton’s Comprehensive Plan also emphasizes certain areas as Rural Viewsheds, including Arnold Mill Road. These corridors typically wind past working farms, equestrian facilities, grazing pastures, low density and rural residential uses, and relatively undeveloped or forested lands. Milton’s plan emphasizes that these viewsheds, including Arnold Mill Road, should be protected through tools such as: • Applying context-sensitive design standards to new development; • Designating viewsheds or portions thereof as “sending” areas in Milton’s Transfer of Development Rights (TDR) program to channel growth to other priority areas Milton Future Development Map, depicting Arnold Mill Character Area, Master Planning Area, Rural Viewshed and Gateway Locations 13Arnold Mill Road Visioning Study - May 2014 DRAFT Future Land Use Map One final piece of Milton’s 2030 Comprehensive Plan is its Future Land Use Map, which together with the Future Development Map represents the City’s future development policy and is used to guide the City in land use decisions during the current planning horizon. The Future Land Use Map is a specific, parcel-based illustration of development policy, showing the desired, allowable land uses for each parcel. Land uses are separated into standard categories, including Residential, Commercial, and Industrial. This classification system, attached to every parcel of land in the city, supports future zoning decisions. By far, the Agriculture, Equestrian, and Estate Residential (AEE) category figures most prominently in this corridor. AEE consists of scattered single-family homes, each on at least one acre, but typically on several acres. This land use promotes hobby farms, equestrian facilities, and large lot residential estates, including minimum 3-acre lots on gravel roads. This category effectively encompasses many of the activities for which the land in this corridor is currently used, as detailed in the Existing Land Use section of this study – notably, large-lot and estate residential, and agriculture and equestrian uses. The Retail and Service (RS) category can be seen in small nodes toward the northern end of the corridor as well. This type of use is envisioned as a stand- alone structure or part of a shopping center sized suitably to the site. Community Facilities (CF) are also found on the Future Land Use Map in this corridor. This land use includes public uses such as community centers, senior centers, health centers, fire and police stations, libraries, government facilities, schools, semi-public uses like churches and cemeteries, and institutional uses such as hospitals. Some of the key uses depicted are the sites of the existing Crabapple Fire Station #41 at New Providence Road and Ebenezer Methodist Church at Cox Road. The Private Recreation (PR) category represents privately owned recreational facilities such as golf courses and common open spaces. The PR use included in the Arnold Mill corridor is the site of the current Georgia Golf Center. Finally, the Parks, Recreation and Conservation (PRC) land use category includes parks, open space and recreational facilities owned by public entities. The map depicts the Chadwick Road Landfill, currently owned and operated by Waste Management, Inc., as a future PRC use. Milton Future Land Use Map Focusing on Arnold Mill Corridor 14 Arnold Mill Road Visioning Study - May 2014 DRAFT Zoning Aligning with the AEE classification on Future Land Use Map, property in the Arnold Mill Road corridor is zoned almost exclusively as AG-1 Agricultural, which primarily allows uses such as farming of crops and livestock, equestrian facilities, and large lot single-family residential. The minimum lot size for parcels with frontage on a paved road is one acre, while the minimum lot size for parcels with frontage on an unpaved road is three acres. Building height is capped at 40 feet. Mirroring the RS classification on the Future Land Use Map, a handful of properties in the corridor are zoned for C-1 Community Business, which allows a wide variety of neighborhood- and community-oriented retail and service activities as primary uses, as well as single-family, two-family and multifamily dwellings as accessory uses. There is no minimum lot size for commercial uses, and building height is capped at four stories or 60 feet. Contrasting with its AEE designation on the Future Land Use Map, one area in the northern section of the corridor is zoned as R-2A Single-Family Residential, which primarily allows single-family dwellings at a minimum lot size of just over half an acre, which is smaller than that of AG-1. As with AG-1, however, buildings in this zoning district are capped at 40 feet in height. Milton Zoning Map Focusing on Arnold Mill Corridor 15Arnold Mill Road Visioning Study - May 2014 DRAFT Historic Resources The SR 140 corridor features a variety of long-time family farms, homesteads, and places of business and worship, some constructed as early as the 1850s and many dating to the early 20th century. Many of these properties and structures are potentially historic resources that should be preserved and enhanced wherever possible, in keeping with the City’s goal of preserving this corridor’s unique rural character and heritage. An appendix to this study contains historic resources surveys conducted in 1995-96 and 2000-01 by the Historic Preservation Section (now Historic Preservation Division) of the Georgia Department of Natural Resources that detail up to 15 properties and structures of potential historic value in the Arnold Mill Road corridor. Most of these historic resources cluster in the areas of Cox Road and Lackey Road, as well as the historic Chadwick community, which is home to the old Chadwick Store, Arnold-Chamblee-Chadwick House, and the corridor’s namesake – the Arnold Mill. As some segments of the corridor straddle the border between Milton and Roswell, some of these historic resources are in the City of Roswell and not subject to Milton’s land use and other controls. However, these resources are deserving of renewed surveying, study, preservation, and enhancement along with any new development or change that comes to the area. Close coordination and collaboration between Milton and Roswell regarding the preservation of these historic resources will be to the mutual benefit of both cities. Arnold-Chamblee-Chadwick House, ca. 1850-1859 Chadwick Store, ca. 1890-1899 (in City of Roswell) 16 Arnold Mill Road Visioning Study - May 2014 DRAFT Potentially Historic Resources, including Ebenezer United Methodist Church (ca. 1920-1929) 17Arnold Mill Road Visioning Study - May 2014 DRAFT Community Workshop In June 2013, after initial research and consultation with City staff, the project team conducted a multi-day community workshop to gather input from residents, property owners, business owners and other stakeholders on issues including: • The corridor’s greatest assets and challenges • A vision for the character of the corridor, e.g., rural/suburban, agricultural/residential/retail, etc. • Where future growth could go, what it could it could look like, and how it could function • Areas that could serve as a model for the corridor’s future • The corridor’s highest priority transportation issues • Needs in the area of recreation, e.g., parks, trails, etc. Kicking off the process was a community meeting held at Ebenezer United Methodist Church on June 4. This was followed by two days of more informal, small group meetings convened at Porter Academy on Cox Road and the community meeting room in the Kroger supermarket at Crabapple Shopping Center. This phase of the process was geared toward property owners in the corridor, Milton Planning Commission members, planning staff from neighboring jurisdictions, and other stakeholders who had questions or felt more comfortable offering their input in a small group setting. During each phase of the workshop, the project team presented and generated discussion regarding existing conditions in the corridor, current plans, and the key issues and challenges described above. Other Meetings During 2013, the project team also met in person with representatives from GDOT, the Fulton County Department of Water Resources, and Waste Management, Inc., in order to gather key information to inform the study. In November 2013, the project team returned to a public meeting format at Ebenezer Church to present an overview of the input gathered to date, key findings from the June workshop, and information gleaned from subsequent meetings with partner agencies and groups. The team used this forum to gather additional feedback from the community on the direction of the study. Results The input and feedback obtained through these meetings and discussions with members of the community and other key agencies helped inform the project team’s own analysis and guides the Proposed Vision/Recommendations detailed later in this report. Community Workshop and Other Meetings 18 Arnold Mill Road Visioning Study - May 2014 DRAFT Water and Sewer One of the greatest impediments to development along Arnold Mill Road has been the area’s lack of municipal sewer access. Properties throughout the corridor, and in far north Fulton County as a whole, rely on septic systems for the handling of sewage. Sewer service exists mostly south of a roughly east-west line below Cox Road. Sewage in served areas drains to the Little River Water Reclamation Facility, located at the confluence of Rocky Creek and the Little River in nearby Cherokee County. Operated by the Fulton County Department of Water Resources, this treatment plant serves part of Cherokee County, the City of Mountain Park, and communities in north Fulton County – again, mostly south of Cox Road where higher-density development has occurred. Much of the Arnold Mill Road area also relies on well water rather than municipal water service. These factors, especially the lack of sewer, have kept at bay higher intensity development prevalent father south and east in Roswell, Alpharetta, and other parts of Milton. However, Fulton County has in its capital plans a significant upgrade to the Little River plant, slated to begin later in 2014. By 2017 when the project is complete, the plant’s capacity for wastewater treatment will be double its current capacity. No plans are in progress and no funds are available to the County to extend sewer line infrastructure or create new access in the near future, despite the impending upgrade to the Little River plant. However, similar to the potential in the long term for growth pressure induced by large-scale transportation enhancements to SR 140, there exists the possibility that in the long term, the expanded, available capacity to process sewage could induce the development community and local governments to begin formulating ways to develop this area of north Fulton County. With new development pressures or appeals from developers and local governments for the convenience of municipal sewer service, Fulton County would be put in a position of responding to new demand and new customers. Reacting to that demand, piecemeal sewer line extensions could begin creeping toward Milton from neighboring jurisdictions such as Roswell, and the Arnold Mill Road corridor – in its position on the western edge of Milton – could become surrounded by increasing demand for sewer service. This would place Milton leaders in a difficult position. Allowing sewer access is purely a City policy issue, but if new development and sewer access were to expand throughout this part of the county, City leadership would be faced with heavy demands from many different groups to allow sewer access. Similar to development pressures induced by transportation improvements, water and sewer upgrades can fuel growth pressures as well. Higher intensity development on Arnold Mill Road would hinge heavily on expanded sewer access; while a long-term issue, it is one that the City needs to monitor and begin to plan for. Throughout this study process, the project team engaged with Fulton County, which in the meantime will monitor the results of this study and any resulting changes to Milton’s development regulations as a way to understand and plan for future sewer capacity and access scenarios. Package Plants In the near term, it can be assumed that any new development in this corridor would continue to use septic, which limits density. The City should continue to explore the environmental and legal aspects of the use of septic “package plants” to handle sewage. These plants effectively act as a large septic system, collecting and treating wastewater from multiple properties or users within a development or community. This allows structures to be grouped closer together and creates efficiencies because only one system must be maintained. This type of system is used at the Serenbe conservation subdivision in south Fulton County. Milton staff should continue studying Serenbe as a model, to understand the intricacies of package plants and their implementation, which could facilitate compatible development discussed in the Proposed Vision/Recommendations section of this report. 19Arnold Mill Road Visioning Study - May 2014 DRAFT Proposed Vision/Recommendations Land Use, Development, and Design Input gathered during the community workshop process guides the key recommendations of this section, many of which closely mirror the concepts already found in the 2030 Comprehensive Plan’s treatment of Arnold Mill Road. Development Pressure Some attendees at the community workshop and throughout the study process have expressed concerns with the corridor changing in any way, preferring to maintain the status quo and not address the issue of planning for this area at this time. This is not an insignificant viewpoint. However, as mentioned in the Introduction to this study, City staff is aware of significant near-term potential for growth and development pressure in this corridor, and the City’s goal is to “get ahead” of this pressure so that it can be guided and crafted in ways that are supported by the community. Specifically, Milton has seen, and continues to see, growing interest from the development community in the City as a whole and in this corridor. Over the course of 2012 and 2013, Community Development staff saw a steady rise in the number of communications, discussions, and requests for information from property owners, brokers, and developers regarding rezoning, building, and land development in this area. This potential development pressure can likely be attributed to increasing overall development activity in North Fulton County and Milton in particular. As the economy continues to recover, so too does the housing market, especially in this part of the region where most residents enjoy a high quality of life and access to high-paying jobs. Strong, successful public schools in this part of Fulton County also represent an attractor that continues to draw growth to this part of the region. As evidence of growth pressures returning to the Milton’s doorstep, City leaders in January 2014 passed an emergency moratorium on rezoning applications, spanning multiple residential districts and relating to rezoning requests to specific zoning classifications, including Community Unit Plan (CUP), Neighborhood Unit Plan (NUP), Transitional Zone (TR), and Single-Family Dwelling (R-2 and R-2A). Residential developers are looking to increase allowable building footprints and densities, lower costs, and maximize their returns on investment by upzoning to higher intensity classifications. Moratoria can help in the short term, but a long-term solution involves getting ahead of unchecked development in order to balance economic growth and property tax revenues with community preferences. Without careful planning in place, lands surrounding Arnold Mill Road could devolve into piecemeal rezoning and redevelopment actions that likely cannot be denied indefinitely in a legally defensible or cost-effective way. With some persistence, a handful of property owners could become entitled to develop their land for new or higher intensity uses or at higher densities – or sell to a developer to do so. This scenario could create a precedent for other land owners in the corridor to follow for economic gain in the near term. Assemblage of key properties could also create very large parcels for rezoning, which might not prove difficult, given the many large parcels in the corridor already. This chain of events could transform Arnold Mill Road into a disjointed string of scattered subdivisions and commercial development, with the corridor losing its unique, rural character in the process. Standard subdivision development 20 Arnold Mill Road Visioning Study - May 2014 DRAFT Recommendations With this concept of development pressure in mind, and keeping in view the resources reviewed and community input gathered in this process, recommendations for the corridor in the area of Land Use, Development, and Design include: Preserve unique resources: Community preferences voiced during this study process stressed the importance of preserving the unique aspects of this corridor as close as possible to present-day conditions. Such resources include the corridor’s rural character, scenic views, specimen trees, wetlands, and historic properties and structures. Avoid strip development types / Encourage nodal development types: Study participants strongly emphasized a desire for Arnold Mill Road to remain a primarily residential and agricultural corridor, rather than moving toward an intense commercial or large-scale office development pattern. Workshop attendees and City staff noted that a wide variety of large-scale and chain retail options are available to area residents at the southern end of the corridor near Crabapple Road and points south, and that there is no need to replicate those development patterns along Arnold Mill Road. While most of that commercial development is located in Alpharetta and Roswell, and while Milton’s tax base would benefit from additional commercial development, study participants felt strongly that the Arnold Mill corridor is an inappropriate location for strip commercial development. Participants expressed a similar view of large-scale office development. Examples of the kind of commercial and office development to steer away from include much of the eastern section of Milton around SR 9 at Bethany Bend and SR 9 at Windward Parkway. Avoid the standard subdivision “pod” model: Similar to strip commercial, community preferences in the area of residential development indicate a desire to avoid the traditional suburban subdivision model prevalent in much of the Atlanta region. This development pattern typically involves cul-de-sac subdivisions that are disconnected from each other and funnel neighborhood traffic onto one nearby major road (such as Arnold Mill) via one or two entry/exit points. Minimum lot sizes often range from 0.10 to 0.50 acres. This pattern also typically includes design features such as prominent, front-loaded garages, and a lack of sidewalks. While much of Milton’s residential development is tied to farmsteads and/or is on very large lots, examples of standard subdivision development exist in the eastern parts of the city, clustered roughly around Alpharetta Highway/SR 9 and Bethany Bend. Examples of other standard subdivision models to avoid are present at the southern edge of the city off Providence Road and Hopewell Road. Standard “pod” subdivision residential development to be avoided 21Arnold Mill Road Visioning Study - May 2014 DRAFT Avoid dense townhome and apartment development: Study participants also viewed dense, large-scale townhome and apartment development as inappropriate for the Arnold Mill corridor, given the desire to maintain the route’s rural character. Examples of dense residential development of this type predominate in the eastern areas of Milton off Deerfield Parkway, Webb Road, and Morris/McGinnis Ferry Road. Guide new development to one or two small nodes with a design-oriented zoning overlay, reserving the rest of the corridor for rural, agricultural and low- density residential use: As an alternative to strip commercial, traditional cul-de-sac residential, and denser townhome style development, community input suggests that any new development in the corridor should be directed to one or two small nodes, leaving the rest of the corridor rural and low-density in character. This result could be achieved by: • Designating certain nodes along the corridor as “receiving areas” in Milton’s Transfer of Development Rights (TDR) program, while designating the rest of the corridor as a TDR “sending area.” • Implementing a Form-Based Code or overlay in the corridor to designate certain zones as rural, with zones of increasing development intensity around one or two key nodes. This is similar to the tool used in the Crabapple area. Community input consistently alluded to a hamlet type of development. The community also expressed concern about the intensity of development in the Crabapple area, preferring a less intense type of development for the Arnold Mill nodes. • Reducing minimum lot sizes in new nodes while maintaining large minimum lot sizes in the rest of the corridor. • Enhancing education efforts and engagement with property owners to increase the implementation of Conservation Easements in the planned rural sections of the corridor. • More on Small-Scale Nodes Each node could also embody a hamlet or village character via building and site design standards that would differentiate it from its surroundings and give it a sense of place. A hamlet or village node would ideally feature: o A small-scale street grid for internal circulation and connectivity, preventing unnecessary trips on Arnold Mill Road. o A focus on the “Complete Streets” concept – with accommodations for cars, bicycles, and pedestrians in a design that is sensitive to the rural context of the area. o Building design standards that focus on form rather than use, emphasizing a rustic, vernacular farmhouse design rather than a modern look of concrete and steel. o A mix of uses, including neighborhood-serving retail, restaurant, and office; live-work; residential; and educational – avoiding strip commercial, traditional subdivisions, and large-scale office. o Height guidelines that reflect a village or hamlet aesthetic. Guidelines will be developed in this context. o Rear-loaded parking, which allows buildings to fully address the street and creates opportunities for building users to interact with each other. 22 Arnold Mill Road Visioning Study - May 2014 DRAFT o Environmental design features that mitigate stormwater runoff and preserve groundwater quality. These include items such as bioswales instead of traditional curb-and-gutter design, as well as pervious pavers or gravel for parking areas. Identified locations for new hamlet/village nodes include the area around Arnold Mill Road at Cox Road, and the area around old Chadwick community at the northern end of the corridor. The recent Cox Road intersection improvements make it more able to handle additional activity. The Chadwick community’s location at the northern end of the corridor is far enough from Cox Road and the SR 140/Crabapple Road retail uses that it can both handle more intensity and also add unique value to Arnold Mill Road rather than competing with other activity along the route. A node around the Chadwick community would also present a unique opportunity to serve as a gateway to Milton from the north. Both of these locations exhibit a historical precedent for clustering residential and non-residential uses together in a village or hamlet setting. Creating new nodes for future development at these locations would build off that historic precedent as well as the Comprehensive Plan and current zoning, which have planned for and allow at least some level of clustering of mixed uses in these two areas. Importantly, for the purposes of this study, the project team chose not to outline potential development nodes on a parcel-by-parcel basis. This is intended so as not to presume that any specific property owners will desire to be included in, or excluded from, any such nodes. This study aims to very broadly document these locations as possible areas for new hamlet/village development. Also of note is that in both recommended node locations, the city limits of Roswell are in very close proximity; in the Chadwick node, Cherokee County is in close proximity as well. Nodal development envisioned by this study would take place in the portions of the nodes that lie within the City of Milton. However, Milton staff and leadership should continue to coordinate closely with Roswell and Cherokee County to ensure that any planned hamlet/village development nodes would be compatible with planned uses in those adjacent jurisdictions. Coordination will likewise create the opportunity to realize potential synergies between Milton’s plans and those of its neighbors. Above: Bioswale schematic 23Arnold Mill Road Visioning Study - May 2014 DRAFT Above: Conceptual compact hamlet/village aerial Below: Potential building typology in compact node, reflecting historic resources in corridor 24 Arnold Mill Road Visioning Study - May 2014 DRAFT Recommended hamlet/village node around SR 140/Cox Road 25Arnold Mill Road Visioning Study - May 2014 DRAFT Recommended hamlet/village node around SR 140/Chadwick Road 26 Arnold Mill Road Visioning Study - May 2014 DRAFT • More on Lower Intensity Uses Between Nodes Areas in between new development nodes would be set aside for the rural, agricultural, large lot and low-density residential, parks and conservations uses – most of which are not only allowable but predominant in the corridor today. Also possible in these areas would be Conservation Subdivisions, which were discussed during the community workshop and received generally positive reactions. Models for this kind of development include Big Canoe in Dawson and Pickens Counties, and the lower-density portions of Serenbe in the City of Chattahoochee Hills in south Fulton County. In contrast to typical residential development, conservation subdivisions cluster homes on smaller lots and reduce private yard setbacks and minimums, while setting aside large expanses of the overall development for woodlands, trails, community gardens, and greenspace. This development pattern produces subdivisions with less intensity than a village node but also a strong sense of place and natural amenities that can be enjoyed by the community. • Hybrid Approach for Node Development: Importantly, the City could explore planning for a hybrid approach combining hamlet/village development and the conservation subdivision model within each small-scale node, while preserving the rest of the corridor for truly rural, agricultural and very large lot residential use. In the conceptual designs that follow on pages 27-28, a combination of these two development options is put forward. Above: Conceptual conservation subdivision aerial Below and Left: Potential building typology in conservation subdivision, reflecting historic resources in corridor 27Arnold Mill Road Visioning Study - May 2014 DRAFT A conceptual view of a crossroads in a rural area that is starting to develop. This hypothetical example mirrors parts of the SR 140 corridor. A conceptual view of the same crossroads, developed with a hybrid of village node and conservation subdivision approaches. 28 Arnold Mill Road Visioning Study - May 2014 DRAFT A conceptual view of another crossroads in a rural area that is starting to develop. This hypothetical example mirrors parts of the SR 140 corridor. A conceptual view of the same crossroads, developed with a hybrid of village node and conservation subdivision approaches. 29Arnold Mill Road Visioning Study - May 2014 DRAFT Transportation The Arnold Mill (SR 140) corridor is approximately three miles in length, from the Cherokee County line at the Little River to the Milton city limits south of Green Road. The corridor spans much of the western edge of the City of Milton, linking the city with Cherokee County to the north, Roswell to the west, and Alpharetta to the south. Configuration The Arnold Mill corridor follows a rural, two-lane cross-section and intersects directly with several thoroughfares: • Green Road, which carries traffic to and from Crabapple Road and points east. The Green Road intersection is un-signalized in all directions. • New Providence Road, which offers access to and from Birmingham Highway (SR 372) and points north and east. The New Providence Road intersection is currently un-signalized in all directions and features geometry that creates hazardous turning movements. However, this intersection is in the process of being improved to correct its skew angle, add dedicated turn lanes in all directions, and install a traffic signal. Construction is underway and scheduled to be complete by summer 2014. • Cox Road, which serves as an east-west connection to and from Roswell and points west, including SR 92. The Cox Road intersection is signalized and was improved in 2013 to add dedicated turn lanes in all directions. • Ranchette Road, which cuts through to and from New Providence Road. The Ranchette Road intersection is un-signalized in all directions. • Sweetapple Road, an unpaved road which runs east-west to and from Ebenezer Road. This intersection is un-signalized in all directions. Sweetapple Road is a private road that has effectively become public via a prescriptive use easement acquired over many years of public use. • Lackey Road, which connects to and from residential neighborhoods in the City of Roswell and, ultimately, Cox Road. This intersection is un-signalized in all directions. Lackey Road is a private road that has effectively become public via a prescriptive use easement acquired over many years of public use. Volume Arnold Mill Road is a heavily traveled state route used for daily automobile commuting. In 2011, two-way traffic counts measured near the center of the corridor, just north of Holly Road, stood at roughly 18,460 cars per day on average. That same year, two-way counts measured just south of Green Road near the city limits stood at approximately 19,230 cars per day on average. The SR 140 corridor collects morning peak hour trips originating in Cherokee County and points north and funnels them south/east toward Alpharetta. Continuing south/east on SR 140 – which eventually becomes Holcomb Bridge Road – or working their way east on major arterials such as Mansell Road, many of these drivers eventually end up at SR 400 and continue their commutes to major regional job centers. In the evening peak period, the reverse takes place. These conditions cause significant queuing during the morning peak period, backing cars up from Crabapple Road to north of Cox Road. In the evenings, most queuing takes place on Crabapple Road and Houze Road as drivers move west and north, respectively, toward Arnold Mill Road and points north. Once traffic advances north of Crabapple and Green Roads, it flows more freely. However, southbound traffic in the evening is also challenging, often causing southbound queuing on SR 140 from Crabapple Road to north of Cox Road. This condition also creates challenges for northbound drivers turning left from SR 140 onto Cox Road, although this situation has improved recently due to the intersection improvements detailed above. Speed With freely flowing traffic, especially in the northern two-thirds of this corridor, come higher vehicle speeds. As emphasized during the community workshop, many drivers feel unsafe each time they pull onto Arnold Mill Road, regardless of the time of day. This condition exists when pulling out of driveways, off local dead-end streets, and even off major through streets. 30 Arnold Mill Road Visioning Study - May 2014 DRAFT GDOT Plans As was evident during the 2013 community workshop and other meetings, there has been substantial confusion among different groups about GDOT’s future plans for SR 140. After research efforts, consultation with ARC Transportation staff, and meetings with GDOT staff, it is clear that there have been multiple GDOT planning efforts over the years that have changed over time along with changes in population projections, funding levels, local and state leadership, and the expansion – and in Milton’s case, incorporation – of surrounding cities with local priorities. Milton is now in a better position to understand GDOT’s role in the future of this corridor and what role the City can play as well. New Bridge over Little River This is the only planned GDOT project currently proceeding normally toward construction. The project involves replacing the current SR 140 bridge over the Little River with a new, two-lane bridge in roughly the same location. This project is related to safety and the advanced age of the current bridge and not a broader widening project on SR 140. The bridge replacement is scheduled to be authorized for construction beginning in 2017 and completed in 2018. SR 140 Four-Lane Widening This is a planned project that raised considerable discussion during community meetings. However, the project is confined to GDOT’s long-range list – with construction planned for 2020 at the very earliest – and is presently “on pause” indefinitely. The project as planned involves widening SR 140 from two to four lanes in three phases, from East Cherokee Drive in Cherokee County to Mansell Road in Roswell. GDOT has been working with the Federal Highway Administration (FHWA) since 2007 to study and finalize “logical termini,” i.e., beginning and ending points, for this project. GDOT cannot move forward with environmental studies or other activities without FHWA approval. Ultimately, the ability for GDOT to obtain FHWA approval and access federal funding for this project requires agreement on the logical termini issue between all of the local jurisdictions along this route, including Cherokee County, Milton, and Roswell. To date, no agreement has been reached, and none is likely. Meanwhile, no substantial injection of local funds appears imminent either. The 2012 Regional Transportation Referendum, if passed, would have provided a significant source of local funding to move forward with at least some phases of this project, but that referendum failed. Additionally, even if logical termini were not an issue and funding was available for a four-lane widening, GDOT would not be able to widen the existing Little River bridge because of historic structures and resources located along the bridge’s approaches. Instead, the agency would have to move the road away from its existing alignment as it approaches the Little River, and construct a four-lane bridge in an area not impacting historic resources. This complex administrative and financial situation has given GDOT more reason to move forward with a near-term, two-lane replacement as described in the previous project above. Finally, GDOT will also need to perform additional studies related to an endangered bat recently found in North Georgia, and this has caused a general delay in this and other GDOT projects. GDOT has formed a Citizens Advisory Committee (CAC) to review this project. In summary, any major widening projects on SR 140 will likely remain confined to GDOT’s long-range list, be delayed beyond 2020, or be scaled back or changed significantly. Rendering of planned SR 140 four-lane section 31Arnold Mill Road Visioning Study - May 2014 DRAFT Recommendations To address the wide variety of transportation challenges in the Arnold Mill corridor, the project team developed recommendations designed to ease issues of outdated intersection geometry, traffic volume, speed, while enhancing the corridor. Recommendations center on pursuing smaller fixes in the near-term, instead of waiting on – or working to block – a widening. Alleviating current volumes and bottleneck conditions via a widening on SR 140 would likely be fruitless without additional widenings on other area roads that connect to Arnold Mill, such as Rucker Road through Roswell and Alpharetta, and Houze Road (SR 140) through Roswell. Coordination, timing, and funding of such projects could be difficult and slow to develop. Any widening of Arnold Mill Road could also induce new traffic. More area drivers might choose the route for their daily commute or other trips. A widening could also fuel new development in Milton, Roswell or Cherokee County. Both of these situations could induce heavier traffic volumes than are already present and create worse bottleneck conditions at the southern end of the corridor. Instead, alternatives include: • Use local funds and/or enhanced coordination with GDOT – a realistic proposition in view of the complexities associated with widening project described above – to improve key intersections along the corridor. These could include a range of improvements such as dedicated turn lanes, signage, stoplights, and caution lights: o Green Road Enhanced approach signage on SR 140 to alert drivers to upcoming intersection Caution light on SR 140 – and/or full signalization, only if approved by GDOT given the intersection’s proximity given to the SR 140/ Crabapple Road intersection to the south – to assist in safer turning movements o Ranchette Road Enhanced approach signage on SR 140 to alert drivers to upcoming intersection Caution light on SR 140 to assist in safer turning movements – could be part of enhanced roadside signage Dedicated turn lanes to prevent excessing queuing behind vehicles making left turns o Sweetapple Road and Lackey Road Enhanced approach signage on SR 140 to alert drivers to upcoming intersection Caution light on SR 140 to assist in safer turning movements – could be part of enhanced roadside signage Enhanced speed limit signage and/or monitoring at the entrances to these roads to allow them to be more effectively used – as they already are – as connections that reduce congestion on Arnold Mill Road, while minimizing the impacts of dust and excessive speed on the rural character of the residential and agricultural surroundings. In line with the city’s priority on maintaining its rural character, these roads should remain gravel/unpaved. 32 Arnold Mill Road Visioning Study - May 2014 DRAFT • Pursue a rural parkway aesthetic in tandem with any new development in the corridor. This could include: o Implementing access management principles such as limiting new curb cuts o Implementing lower speed limits in new development nodes or village centers, while allowing current speeds in between • Explore using local funds to extend specific roads from SR 140 to New Providence Road. These new roads could better connect the east and west sides of the area and prevent “zig-zagging” local traffic that is forced to travel on Arnold Mill for brief periods before accessing points east and west. Examples include: o Extending Cox Road through to New Providence Road. This would prevent cars from being forced to use Arnold Mill as a connection between these two roads, which adds to volume, queuing, and hazardous turning movements. o Extending a new road near the existing power line easement (in between Sweetapple and Old Holly Roads) to connect Arnold Mill with New Providence Road. This would prevent excessive cut-through volume on Ranchette Road and allow vehicles to cut through well north of the most congested part of the corridor, thus reducing unnecessary volume and bottlenecking at the southern end. Potential new road connecting SR 140 to New Providence RoadPotential new extension of Cox Road to New Providence Road 33Arnold Mill Road Visioning Study - May 2014 DRAFT Recreation Overview One final, key aspect of the future of Arnold Mill Road is recreation. Study participants and City staff repeatedly emphasized a need for expanded public parks and recreation options on the west side of Milton. Ideas for the City to explore include: • Multi-use paths (bike and pedestrian) • Equestrian opportunities • Active and passive park space One of the greatest potential opportunities to expand recreation options in this corridor is the eventual closure of the Chadwick Road Landfill and its conversion to a park or recreation space. Landfill Background This solid waste facility is located on the east side of Arnold Mill Road at the northern end of the corridor. Privately operated by Waste Management, Inc., the landfill has operated for many decades under different owners. Some of its key attributes are as follows: • Accepts Construction & Demolition (“C&D”) debris o Wood, concrete, bricks, shingles, metals, glass, etc. • Total land area of approximately 100 acres • Bordered by: o Little River, Cooper Sandy Creek – north, northeast o Mill Springs Academy – northeast o Providence Lake subdivision – southeast o Wooded homestead properties – south, west o Historic resources Arnold-Chamblee-Chadwick House (1850s) 900 Old Arnold Mill Rd. (1890s) • Challenging terrain o Steep slopes down to Little River and Cooper Sandy Creek on northern part of site o Steep slopes up to top level of landfill mound in center of site o Flattest terrain at base of landfill mound on south side of site, as well as on existing gravel road that surrounds perimeter of landfill mound Aerial view of Chadwick Road Landfill 34 Arnold Mill Road Visioning Study - May 2014 DRAFT More views of Chadwick Road Landfill 35Arnold Mill Road Visioning Study - May 2014 DRAFT Future Closure The Chadwick Road Landfill is slated to close within the next ten years. This is an estimate, as the exact time of closure depends on the facility’s fill rate and remaining space rather than a fixed date in time. Waste Management adjusts the landfill’s projected closure date annually. The recession beginning in 2007-2008 significantly limited construction and demolition in the Atlanta region, leading to lower volumes of waste being received by the Chadwick Road facility. As such, the projected closure date has been pushed out more than once. The most recent projection, based on the 2013 fill rate – higher than the 2012 rate – estimates that the landfill will be closed in five to eight years. After closure, the landfill will be capped with a clay barrier and covered with vegetated earthen material to: • Prevent exposure to waste • Prevent ponding and water infiltration • Prevent erosion The site will also be fitted with pipes and other infrastructure for venting, which is relatively minimal for C&D landfills. Following these projects, the site will be sold or leased for use by another party, typically a local government such as Milton. Waste Management would help financially and in other ways to repurpose the site for a new use, and monitor the site for 30 years for safety and compliance in terms of groundwater quality and gas levels. Potential New Uses The project team reviewed other landfill conversions throughout the U.S. as possible models for conversion; some conversion projects involved Waste Management, which operates this facility in Milton. Information on those models is contained in Appendix 2 to this report. Given input from community meetings and consultation with Waste Management and City staff, the project team also developed a list of potential new uses for the Chadwick Road Landfill as follows below. Most uses are limited in intensity so as not to disturb, or allow water infiltration into, the man-made cap that will ultimately cover the site. Those activities in bold below received the most positive responses during community engagement activities, and a final park plan could combine an assortment of uses, including both active and passive. Possible Uses: • Walking, hiking and biking trails around perimeter and to top of landfill mound o Potential interchange point for future area-wide trail network o Potential connection to Mill Springs Academy for shared use o Potential connection to Cherokee County via bike/pedestrian bridge over Little River o Scenic viewing area at top of landfill mound • Nature preserve/wildlife habitat o May be limited to areas around perimeter of landfill mound so as not to disturb cap o Potential replanting area for declining native tree species o Potential connection to activities of UGA Cooperative Extension program in environmental education and natural resources conservation • Botanical garden o May be limited to areas around perimeter of landfill mound so as not to disturb cap • Working community garden o May be limited to areas around perimeter of landfill mound so as not to disturb cap o Potential connection to activities of UGA Cooperative Extension program through Georgia Master Gardener volunteer program • Dog park • Access to Little River and Cooper Sandy Creek for fishing/recreation 36 Arnold Mill Road Visioning Study - May 2014 DRAFT • Athletic fields on level areas o Most realistic at base of landfill mound on south side of site • Seasonal sledding on landfill mound • Zip line facility • Local event and festival space • Sculpture garden • Solar array Conclusions While municipal finances almost certainly will not allow Milton to purchase the site after its closure, many other landfill conversions have been highly successful through leasing. The City should study the feasibility of a leasing arrangement in an in-depth manner as part of its continued planning efforts for the SR 140 corridor. Additionally, City planning staff should continue to engage with the community, citizen committees such as Milton Grows Green, and elected officials, to pursue the most appropriate mix of the above potential new uses for the Chadwick Road facility. Based on the above-described review of its capacity for financial commitment and more in-depth community engagement, the City should continue to work closely with Waste Management staff to develop a reuse plan that is feasible in terms of the site’s terrain and ability to handle certain activities versus others. This reuse plan should be in place within the next three to five years as the landfill facility nears a more realistic and accurate closure date. Above/Below: Potential model park/greenspace - Big Trees Nature Preserve, Sandy Springs 37Arnold Mill Road Visioning Study - May 2014 DRAFT Above/Below: Potential model park/greenspace - Clyde Shepherd Nature Prserve, DeKalb County Above/Below: Potential model park/greenspace - Mount Trashmore Park, Virginia Beach, VA No Text GEORGIA HISTORIC RESOURCES Resource No. FU.NR97 Historic Preservation Section 205 Butler Street, Suite 1462 County Fulton Georgia Department of Natural Resources Atlanta, Georgia 30334 404/656-2840 F instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 2 Location map with North at top 3 Address/location 12N�SAmold Mill Rnad Alpharetta, 30201 4 Owner's name and mailing address 5 ®Building O Structure + a O Site 0Object O Landscape feature '' z 6 O Representative example of building type Number represented 7 Use,current angiedwelnng original singledwelhng 8 Date of construction (or estimate) 16 Number of stories CA, I990-1999 One 9 Major changes & date (explain in No.25) ® Altered O Moved O Addition O Destroyed 10 Architect/engineer/designer Unknownmwn 11 Contractor/builder/craftsman UNmown 12 Style _....................... No Academic Style 13 Building type mm�anway 14 Original Floor Plan central hallway (passage) - one morn deep 15 Plan shape 17 Facade summetry & front door(s) 18 Rooal, one mor f type & material side oriented gable -composition shinglelasphalt shingle 19 Chimney placement & material both gable -rnds (exterior) -brick 20 Type of construction balloon frame/platfomn frame 21 Exterior material(s) asbcrms siding wood 22 Foundation material(s) nnknown 23 Porches) randah Trion 1 story, partial, wood shedano 29 Windows rectangular double hung sash (flat headed 212, rectangular) 25 Additional physical description 26 Negatives: roll # to s frames # Frieze board, chimney with corbelled cap and shoulders. Gabled dormer in center. Roofhas wrought von lightning rod Condition. -fair Alined- Ca. 195.5 -front and sida porch er�cfoserx asbestos siding irwta(Zed Resource. .N....O....FU-.N.F-9.7.. ........................ 27 Description of outbuildings (if any) 28 Site plan with North at top ................................ .. . storage shed - three storage sheds with metal roof, weatherboard siding 29 Description of landscape features yard setting - informallpicturesque; designed fencing/walls; shrubs .......................................................................................................... 30 Number of buildings 1...... structures o outbuildings 3 .... sites .........o landscape features 3 ............... .............................................. 31 De.scrip.tion of.the environment.................................. rural - nonagricultural (mixed old and new) ................................................................. 32 Archaeological potential THEMES: architecture 35 Significance ................................................................................... 36 Sources of information Elliott Kipling Wright Fulton Co. P&ED, Comprehensive 141 Pryor St, Suite 5001 Atlanta, GA 30303 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................... 40 SHPO evaluation O Georgia Register appears not to meet Nat, Reg.criteria_(integrity)........ ..... _....... -._................ O Local designation 41 USES quadrangle name Roswell O HABS/HAER UTM reference O Determination of eligibility 1 6743240 3775550 OOther .......... ........................4..................................... zone easting northing ......................................................................................................................... 42 Tax map number 0022371010930567 V GEORGIA HISTORIC RESOURCES ResourceNo. FUNh9i Historic Preservation Section 205 Butler Street, Suite 1462 County Fulton Georgia Department of Natural Resources Atlanta, Georgia 30334 404/656-2840 F4 instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource Ebenezer united Methodist Church 3 AddressAtication Cax Road norttuide, NWcomri nJthe intnsection with rlmold Mil! Road 4 Owner's name and mailing address 5 ® Building O Structure O Site O Object O Landscape feature 6 O Representative example of building type Number represented 7 Use, current church/re/igiousstmcture original churchlreligiowssnucture e Date of construction (or estimate) G.1920-1929 9 Major changes & date (explain in No.25) ® Altered O Moved ® Addition O Destroyed 30 Architect/engineer/designer Unbrow 11 Contracmr/builder/craftsman tl dnown 12 Style Craftsman - elements 13 Building type 16 Number of stories church 2 Locution map with North at top One 17 Facade summetry & front door(s) ,yrmnemca/, one mar 18 Roof type & material front oriented gable composition shingle/asphah shtngte 19 Chimney placement & material 20 Type of cons[rucfion balloon fame/pla. fgrmfipmc. 21 Exterior material(s) wearherboardlclaphaardlhevered simrg 22 Foundation material(s) an unw concresecon 14 Original Floor Plan 23 Porch(es) one roam - two rooms deep portico (front, I story, partial wood gable) 15 Plan shape 24 Wnnd ews (lienheam4 1/1, rectangular); mub(ehungsash (flat headrd rectangular alq rectangular) 25 Additional physical description 26 Negatives: roll # 10frames # q t a Triangle braces and cpmed rafter ends. 'lips of rafters are decoratively cut. S-Uflipped belfry with flared eaves, metal cap. vents of belfry. ['audition: good �dditian Ca t 960 -large wingadded to NWxide Alrrred- Ca. ]996-Monaas ofchurch rebuilt to match main block Resource No. FU-NF-95 ........................................................................... 27 Description of outbuildings (if any) 28 Site plan with North at top 29 Description of landscape features forest/woods -planted; parking lot, shrubs .............................................................................................. 30 Number of buildings 1 structures outbuildings o sites .........o landscape features 3::,,,, 31 Description of the environment rural - nonagricultural (mixed old and new) ..................................................... 32 Archaeological potential 35 Significance architectural type (well preserved example) high integrity .................................................... 36 Sources of information 37 Prepared by (person, organization and address) 38 Date of survey 1995 -1996 resurvey Elliott Kipling Wright Fulton Co. P&ED, Comprehensive 141 Pryor St, Suite 5001 Atlanta, GA 30303 39 Government preservati on activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ..............eva..lua......ti...on..... SHPO 40 ............................................................................................ O Georgia Register appears to_ meet, Nat.. Reg _criteria.........._._ ............................. O Local designation 41 USG§ quadrangle name Roswell O HABS/HAER UTM reference O Determination of eligibility 1 6742840 3775650 OOther .......... ................................... I.......................... zone easting northing ......................................................................................................................... 42 Tax map number 0022357010920179 GEORGIA HISTORIC RESOURCES Resource No. FU-RO-415 Historic Preservation Division 57 Forsyth Street, Suite 500 County Futon Georgia Department of Natural Resources Atlanta, Georgia 30303 404/656-2840 For instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 3 Address/location 13160Amofd Mill Road Romeo, 30075 4 Owner's name and mailing address 5 ®Building O Structure O Site OObject O Landscape feature 6 O Representative example of building type Number represented 7 Use, current single dwelling original sing/edwening 2 Location map with North at top 8 Date of construction (or estimate) 16 Number of stories square double hull h tees deo 614% techensithis) gsas',,..()tar CA. 1900-/919 1940ubestos One 9 Major changes & date (explain in No.25) 17 Facade summetry & front door(s) ® Altered O Moved apm,,,emcal, one door ® Addition O Destroyed 18 Roof type & material 30 Architect/engineer/designer pyamidal - composition mingle/ornate shingle Unknown 19 Chimney placement & material 11 Contractor/builder/craftsman no cninmryobserout unsootmmerial Unknown 20 Type of construction 12 Style No Academic Side 6 (loon frame/Platform frame 21 Exterior material(s) Weiser siding 13 Building type 22 Foundation material(s) pyramid collage unknown 14 Original Floor Plan 23 Porch(es) ovo un q al rooms- swo room deep soup throats, I sto ry, partial, wooq shed/pen/ 15 Plan shape 24 Windows 25 Additional physical descnphon 26 Negatives: roll # 3D frames # ]he houn re akewed roAmofd MitlpRoad ]his house tensa non historic ! f frons door. It has a decorasve gable on she front Addition -shed addition on back A(tnedCa 1940ubestos siding Ahered-Ca 1950 -awnings ovv windows Resource No. FU RO-415 ........................................................................... 27 Description of outbuildings (if any' 28 Site plan with North at top _........ _ .............. ................... ......._. storage shed wellhouse 29 Description of landscape features yard setting - casuallunplanned 32 Archaeological potential 33 History 34 Historical themes) THEMES.. architecture.......:..................................................................................... 35 Significance common architectural type (good examplelillustration) .............................................................. 36 Sources of information The Jaeger Company City of Roswell 38 Hill Street Roswell, GA 30075 39 Govern ment preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark 0.. Tax certification 0 Other O National Register 40 §HPO evaluationow" O Georgia Register O Local designation appears not to meet Nat, ft. criteria ..................................................................... O HABS/HAER 41 USGS quadrangle name Mountain Park UTM reference O Determination of eligibility 16 7 3 O Other .... . ............. . .. .... .. ... .. zone easting northing 42 Tax map number GEORGIA HISTORIC RESOURCES Resource No. FURO.26 Historic Preservation Division 57 Forsyth Street, Suite 500 County Fulton Georgia Department of Natural Resources Atlanta, Georgia 30303 For instructions, see the Georgia Histone Resources Survey Manual 1 Name(s) of resource 3 Address/location art side ofAmold Mill Roaq south of Larkry Road Roswell, 30075 4 Owners name and mailing address 5 ®Building OStru<ture O Site 0Object O Landscape feature 6 O Representative example of building type Number represented 7 Use, current single dwelling original sing/edwedung 2 Location map with North at top e Date of construction (or estimate) 16 Number of stories ('A. 1910- 1919 One 9 Major changes & date (explain in No.25) ® Altered O Moved O Addition O Destroyed 30 Architect/engineer/designer Unknown 11 Contractor/builder/craftsman Unknown 12 Styletsm Craftsman elem mir ll Building type Ceargtan cottage 14 Original Floor Plan centralliallway (pascour) - two rooms deep 15 Plan shape 17 Facade summetry & front door(s) sysimemcal, one door 18 Roof type & material hip composition shingle/ phalt shingle 19 Chimney placement & material gable end, nrerior- brick 20 Type of construction balloon framelpluform frame......... 21 Exterior material(s) synthetics; asbestos siding 22 Foundation material(s) unknown 73 Porch(es) rcci sled (front, I story, fl( brick, hip) 29 Windows square enable nungsarh (pm headed ui, rectangular) 25 Addition I PPhysical description 26 Negatives: roll # K frames # ]hough basically parallel to the street. the northern end of the house u slightly Ether from rhe street than the southern end The chimnrys are capped with eml inrmed funnels. The front pedrocacingdormer has two windows, each with fooddorsdoonderawppedro t 7heftetopontsepsmemad ofeo concrete, and Meteors daorhas a window in the trip half Altered C'a. 1450-arhesms siding ntrned-porch screened with wove framrr. Resource ..N....o.....FU-RO-..26 .. ..................... . 27 Description of outbuildings (if any) 28 Site plan with North at top barn/shed - To the rear right (southeast). Wood with shallow gable roof. A second shed at the rear north (left) with gabled, standing -seam metal roof. ......... I ........ . _ ._........... ............... garage - to the rear right (northeast) -wood with concrete blockfoundation & gable, standing seam, metal roof (2 car). ........................................................................... 29 Description of landscape features yard setting - casuallgplanned ................................................................................................................................... 30 Number of buildings .._._j...... outbuildings .......3...... sites .........0 _...__ . .......... ......... landscape features o ...........................................................::::::.................................................................. 31 Description of the environment rural - nonagricultural (mixed old and new) ............................................................................................... 32 Archaeological potential 33 History 34 Historical themes) THEMES: architecture ............................................................................................ 35 Significance common architectural type (good examplelillustration) .................................................... 36 Sources of information The Jaeger Company City of Roswell 38 Hill Street Roswell, GA 30075 39 Govern ment preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................................................................... 40 §HPO evaluation O Georgia Register appears not to meet Nat. Re . criteria(integrity)................................ O Local designation PP... ...... ......... g........ 41 USGS quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility s 6 ......�..O Other ..... . . ......... zone easting northing ....................................................................................................................................................................................................................................................................... 42 Tax map number ....................................................................................................................................................................................................................................................................... GEORGIA HISTORIC RESOURCES Resource No. Fo-NF-237 Historic Preservation Section 205 Butler Street, Suite 1462 County Fudan Georgia Department of Natural Resources Atlanta, Georgia 30334 404/656-2840 F instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource ckey House 3 Address/location 895 f,ackryRvad 4 Owner's name and mailing address James Lackey 895 Lackey Road Roswell, GA 5 ®Building O Structure O Site O Object O Landscape feature 6 O Representative example of building type Number represented 7 Use, current single dwelling original singledwelling 3 Dace of construction (or estimare) CA. 1910-1919 9 Major changes & date (explain in No.25) ® Altered O Moved O Addition O Destroyed 10 Architect/engineer/designer- Unknown 11 Contractor/builder/craftsman Unknown 12 Style No Academic gryle 2 Location map with North at top 16 Number of stories One 17 Facade summetry & front doors) ayrmncoioal, one door 18 Roof type & material sideoriented gable- composition shingled tamot shingle 19 Chimney placement & material gable -end rssenor bock 20 Type of construction balloon framelphatform frame 21 Exterior material(s) Condition Good F.ndangcred Bite -working fano with "old outdated" suueturrs . shingles 13 Building type 22 Foundation ma[erial(s) double pen stuccoed masonry; brick commuous 14 Original Floor Plan 23 Porch(es) two equal rooms- one rnrsm deep verandah (front, 1 story, full, wood, shed/pemf 15 Plan shape than c ung sash (flat headed, 311, mcmngularc double -hung sash (fat headed, rectangular 212, reuangalar) 25 Additional pvhysical description 26 Negatives: roll # frames # �_ 1 (riginalhv may Fa had 2 front chaos. Two gable cm4 enenor brick 3 a chimeys on diflcrem gables. Rack chimney has nice corbelled cap. needs newer, bigger building.. Altered- Ca. 1955- Kitchen comiecied, house re Aided, windows replaced Resource No. FU -NF -237 ....... ...................... 27 Description of outbuildings (if any) 28 Site plan with North at top bamlshed - A, B, C, D, E & He Constucted 1930s, 1940s by Buell Lackey James Lackey re -sided with corrugated metal. ............ ... .... ..... ................. ................. ...................... ............ ................... __.......__... chicken coop - F & J. Chicken houses constructed 1930s,1940s by BuellLackey. James Lackey re -sided with corrugated metal. cattle bamished - G: Cow bam constructed 1930s, 1940s by Buell Lackey. JamesLackey re -sided with corrugated metal chicken coop - J.• James Lackey built chicken house around 1950. 29 Description of landscape features yard setting - casuallunplanned; field systems; fencelhedgerows; forestlwoods - planted Yard has shrubs, hardwood trees. Fencing surrounded by pasture. .............................................................................................. 30 Number of buildings 1 structures outbuildings ....lo sites .........o landscape features 4 .................................................................... 31 Description of the environment rural- agricultural .............................................................. 32 Archaeological potential 33 History 34 Historical themes) Sid Lackey, James's grandfather, built c. 1910. Didn't live here long. Buell THEMES: architecture; agriculture .......................................... Lackey, James's father, lived here for many years beginning c. 1925.v. 35 Significance lots of outbuildings, very 37 Prepared by (person, organization and address) Elliott Kipling Wright Fulton County, P&ED, Comp. Planning 141 Pryor Street, Suite 5001 Atlanu; GA 30303 intact site .................................................... 36 Sources of information James Lackey owner 27, 33 38 Date of survey 1995 -.1996....... resurvey............ 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................................................................... 40 §HPO evaluation O Georgia Register appears to. meet Nat. Reg._criteria_____............. ____ _____________________,_ O Local designation 41 USGS quadrangle name Mountain Park O HABS/HAER UTM reference 0 Determination of eligibility 14 GEORGIA HISTORIC RESOURCES Resource No. FUNI:-236 Historic Preservation Section 205 Butler Street, Suite 1462 County bullion Georgia Department of Natural Resources Atlanta, Georgia 30334 404/656-2840 F1 instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 2 Location map with North at top 3 Address/loca[ion 13455Amold Mill Road 4 Owner's name and mailing address 5®Building OStructure O Site 0Object O Landscape feature 6 O Representative example of building type Number represented 7 Use,cureent singledwelling original singicebeenng e Date of construction (or estimate) 16 Number of stories cA. 19101919(her 9 Major changes & date (explain in No.25) ® Altered O Moved O Addition O Destroyed 10 Architect/engineer/designer unknown 11 Contractor/builder/craftsman unknown 12 Style oaftaman . elemmu v4 Building type 17 Facade summetry & front door(s) ,ytnmeaieal, one door 18 Roof type & material hip - composition shinglelashab shingle 19 Chimney placement & material both gableends(memo)-heck 20 Type of construction balloon frantoola f rm frame 21 Exterior material(s) asbestassiding 22 Foundation material(sstone ) bungalow-hiP us 14 Original Floor Plan 21 Porchescontinuous ao unequal morns - two rooms deep recessed (fion, l story, fuR woo4 gable) two 15 Plan shape24 5 nF,asn (flat headed, zlz, square): fired (nm-neade4 unlmown, rectangular square) 27 Description of outbuildings (if any) bamished - A, C, D, E, F, G & H: Weatherboard, metal roof barns andstorage buildings. A has collapsed roof, C has corral garage - + 2 -bay with novelty siding exposed rafter ends, metal roof,contiituous concrete block foundation. 29 Description of landscape features \ yard setting - infotmallpicturesque,• designed plantingslplanting beds; forestlwoods -planted Cedar trees, large oaks in front yard Shrubbery, gardens and flower beds. .............................................................................................. 30 Number of buildings .......j...... structures outbuildings ......8 sites .........0 landscape features 3,::::: 31 Description of the environment rural - dispersed community 0 Resource No. FU -NF -236 .................................................... 32 Archaeological potential THEMES: architecture ....................................... 35 Significance 36 Sources of information Elliott Kipling Wright Fulton County, P&ED, Comp. Planning 141 Pryor Street, Suite 5001 Atlanta, GA 30303 .................................................................................................................................. 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................................................................... 40 §HPO evaluation O Georgia Register appears tO Ll designation a eas to meet Nat. Reg.. cnena oca� 41 USGS quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility 16 7 3 OOther .......................................................... zone easting northing 42 Tax map number 0022348009440345 GEORGIA HISTORIC RESOURCES Resource No. FU-Ro-24 Historic Preservation Division 57 Forsyth Street, Suite 500 County Fuhon Georgia Department of Natural Resources Atlanta, Georgia 30303 404/656-2840 For instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 2 Location map with North at top Full Bloom Farm 3 Address/location 895 Lackry Road Rovori 30075 4 Ownees name and mailing address f 5 ® Building O Structure O Site 0Object O Landscape feature 6 O Representative example of building type Number represented 7 Use,current singledwcumil original singdedwe/ling 8 Date of construction (or estimate) 16 Number of stories G.1910 -CA. 1919 One 9 Major changes & date (explain in No.25) ® Altered O Moved ® Addition O Destroyed 10 Architect/engineer/designer Unknown 11 Contractor/builder/craftsman Urdmown 12 Style Craftsman - elements >3 Building type hallparbr 14 Original Floor Plan No unequal rooms one room deep 15 Plan shape 17 Facade summetry & front door(s) rearmament, one door 18 Roof type & material side oriented gable metal- corrugmepl owa 19 Chimney placement & material gableart,enerior-brick 20 Type of construction balloon hamelplatforen frame 21 Exterior material(s) shingles 22 Foundation material(s) brick continuous z3 Porch(es) verandah (from, I story, full, wood sharpem) 24 Windows rectangular double hung sash (flat headed 3/1, rec .vxw nr) 25 Additional physical description 26 Negatives: roll # d5 frames # Phe farmhouse u parallel to the street. The windows are original wood ]he t front doom a remaining Crompton element It has three vmical rectangular lights ova two vertical, recmngularpancic Addition -rear, one room deep, full width addition with shed roof Addision -rear, one room deep, partial -width addition with rear gabled roof Addron . right (caro s Armour, ane room deep addition with shed roof AlteredCa.1950-rear (left) side porch enclosed and conugared mesa/ awning added oversudc windows AhaeQ- Co. 1960- wprod shaker applied as siding Resource ..N....O.....FU.RO-..24 .................... . 27 Description of outbuildings (if an 28 Site plan with North at top garage - wood frame with corrugated metal sheathing and roof horse barn/shed - two - one on north side of Lackey Road one on south side ofroad storage shed -five 29 Description of landscape features yard setting - casuallunpltnned; designed fencinglwalls,• field systems .......................................................................................................... 30 Number of buildings .......1...... structures 0 ........... outbuildings ......8...... sites .........o landscape features o .:::::............... .......................... +WWI WWI 31 Description of the environment rural - agricultural (mixed old and new) ............................... 32 Archaeological 7❑ THEMES: architecture ............................................................................... 35 Significance architectural type (good examplelillustration) history - development (well preserved example) one of the few remaining operating fauns in Roswell 36 Sources of information The Jaeger Company City of Roswell 38 Hill Street .................................................... Roswell, GA 30075 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ......................................................................................................................... 40 §HPO eva.....lua.....tion O Georgia Register may meet National Register. criteria __._.___.___....,.._._.............. O Local designation 41 USES quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility 1 6 741 040 3776820 OOther .......... ............I................................................. zone easting northing ........................ ............................................................................................................................................................................................................................................... 42 Tax map number GEORGIA HISTORIC RESOURCES Resource No, _FURo 2y ...... _ Continuation Sheet GEORGIA HISTORIC RESOURCES Resource No. FU-NF235 Historic Preservation Section 205 Butler Street Suite 1462 County Futon Georgia Department of Natural Resources Atlanta, Georgia 303,34 404/656-2640 F instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 3 Address/location 13555Amold Mill Road Arnold Mil Comm 4 Owner's name and mailing address 5 ®Bonding O Structure O Site 0Object O Landscape feature 6 O Representative example of building type Number represented 7 Use, current singledweling original singledweaing e Date of construction (or estimate) 190.1 9 Major changes & date (explain in No.25) ® Altered O Moved O Addition O Destroyed 30 Architect/engineer/designer Unknown 11 Contractor/builder/craftsman tn✓mawrt 12 s'ty'le Folk Victorian - elements 13 Building type enna[hallway 14 Original Floor Plan central hallway (passage) -one roam deep 15 Plan shape 2 Location map with North at top 16 Number of stories One 17 Facade summetry & front door(s) tonoweavol, one door 18 Roof type & material side oriented gable - metal - .snsn ding seam 19 Chimney placement & material gable -end euoior-brick; both gabinmds (erseiior)-6nsk 20 Type of construction balloon frame/platform frame_ 21 Exterior material(s) asbestw siding wood 22 Foundation materi als) me lovewith infill 23 Porch(es) verandah (front, I story, full, wood hip) 24 Windows rectangular double -hung sash (flanhended 1/1, recrangu(ar) 25 Add t nal Physical description 26 Negatives roll #5 t frames # Found f Ids neck h rc blockdo rie Parch has nuned _ 4 past/ -lbs gs brackets F frontshat/ st .. Lighming rods with glass news lb Threeisbrick h' ef ndations IXcor"cresting,me 1 _/ gable idge. Condition -Good Ahead-195Qs-Asbrstns shingle addrd 27 Description of outbuildings (if any;) storage shed - A: Front gable weatherboard building with side shed, v-crimpmetal roof. storage shed -B. Corrugated metal shed with flat roof. bamished - C: Side gable weatherboard bam with corntgated metal roof andside shed located across GA 140 from house and outbuildings A& B (UTM I &741240-3777490). ............................................................................................ 29 Description of landscape features yard setting - casuallunplanned; forestlwoods - planted nice lawn with cedar trees, flowering trees, hardwoods 30 Number of buildings .......1...... structures o outbuildings ......2 sites 0 landscape features ? ...........................................................::::::............................................. 31 Description of the environment grist mill/ferry community (old resources) Resource No. FU -NF -235 2S Site plan with North at top .................................................... 32 Archaeological potential THEMES: architecture ............................................................................................................ 35 Significance architectural type (well preserved example) common architectural type (good examplelillustration) very nice, intact example of ty pe .................................................... 36 Sources of information Irene Hammond occupant 8 Elliott Kipling Wright Fulton County, P&ED, Comp. Planning 141 Pryor Street, Suite 5001 Atlanta, GA 30303 .................................................................................................................................. 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................................................................... 40 §HPO evaluation O Georgia Register pp O Local designation a ears to meet Nat Reg._ criteria ............................................................................ ................................. 41 USGS quadrangle name Mountain Park O HABS/HAER UTM reference 0 Determinati on of eligibility GEORGIA HISTORIC RESOURCES Res Historic Preservation Division 57 Forsyth Street, Suite 500 Georgia Department of Natural Resources Atlanta, Georgia 30303 For instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 3 Address/location Amold Mill Road Roswell, :10015 T 4 Owner's name and mailing address ource No. FURO-12 County /'uhon 9 � D o � 5 ®Building O Structure � O Site 0Object O Landscape feature p 6 O Representative example of building type Number represented tQy�L 7 Dse,current singledweuing original rindedwcuing 8 Date of construction (or estimate) 16 Number of stories (:A. /865G.I874 Iwo 9 Major changes & date (explain in No.25) O Altered O Moved O Addition O Destroyed 10 Archuect/engineer/designer Unknown 11 Contractor/builder/craftsman Unknown 12 Style........... No Academic .Stile 13 Building type Georgian horse 14 Original Floor Plan central hallway (passage) two morns deep. 15 Plan shape 17 Facade summetry & front door(s) symmetrical, one doo r 18 Roof type & material front nt dgable-composition. shinblelaaphalishingh 19 Chimney placement & material 20 Type of construction balloon framelpla f rm frame 21 Exterior material(s) eatherboardlclapboard/beveled siding 22 Foundation material(s) bnckpia 23 Porch(es) 24 Windows rectangular 25 Additional physical description 26 Negatives: roll # I frames # i 9t zo 4s 2 I,ocatlon map with North at top 9 � D o � 5 ®Building O Structure � O Site 0Object O Landscape feature p 6 O Representative example of building type Number represented tQy�L 7 Dse,current singledweuing original rindedwcuing 8 Date of construction (or estimate) 16 Number of stories (:A. /865G.I874 Iwo 9 Major changes & date (explain in No.25) O Altered O Moved O Addition O Destroyed 10 Archuect/engineer/designer Unknown 11 Contractor/builder/craftsman Unknown 12 Style........... No Academic .Stile 13 Building type Georgian horse 14 Original Floor Plan central hallway (passage) two morns deep. 15 Plan shape 17 Facade summetry & front door(s) symmetrical, one doo r 18 Roof type & material front nt dgable-composition. shinblelaaphalishingh 19 Chimney placement & material 20 Type of construction balloon framelpla f rm frame 21 Exterior material(s) eatherboardlclapboard/beveled siding 22 Foundation material(s) bnckpia 23 Porch(es) 24 Windows rectangular 25 Additional physical description 26 Negatives: roll # I frames # i 9t zo Resource NO. FU RO-12 ........................................................................... 27 Description of outbuildings (if any 28 Site plan with North at top ................................... ............... ................... ............................. .........._............ wellhouse - open structure (pyramidal roof supported by four posts)sheltering well 29 Description of landscape features ............................................................................................... 30 Number of buildings SU outbuildings ....._o.._.. sites .........o landscape features o .................................................:::::::::::::::............................. 31 Des.cription of the environment rural - crossroads community (mixed old and new) 32 Archaeological potential THEMES: architecture .......................................................... 35 Significance .............................................................................. 36 Sources of information The Jaeger Company Ciry of Roswell 38 Hil[ Street Roswell, GA 30075 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register 40 §HPO 4. evaluation O Georgia Register may meet ilNatai onal Register criteria ....... _____._...... ...................................... _........ O Local designation 41 USES quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility ?...6. .7..4...1.. 0..1...0 3..7...7..7..9...6..0 O Other zone easting northing .......... ......... .......... ..................................................................................................................................................................................................... 42 Tax map number GEORGIA HISTORIC RESOURCES Resource No. Fo-Ro-It Historic Preservation Division 57 Forsyth Street, Suite 500 County Fuhon Georgia Department of Natural Resources Atlanta, Georgia 30303 404/656-2840 For instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 3 Address/location lnoBAn�am,+dm xaad Roswell, 30075 4 Owner's name and mailing address Evelyn 1 Anderson 62411olcomb Bridge Road Ro04 GA 30(176 2 Location map with North at top 0 0 D F 5 ®Building O Structure C O Site O Object T% O Landscape feature 6 O Representative example of building type E f Number represented 7 Use,current singlcehoefing original sing/edavining 8 Date of construction (or estimate) 16 Number of stories ('A. 1910 1919 One -and ahalf rectangular double -hung rarh (flat headed, 9 Major changes & date (explain in No.25) 17 Facade summetry & front door(s) ® Altered O Moved spmrnrcdcai ane door ® Addition O Destroyed 18 Roof type & material 10 Architect/engineer/designer ride-odrmrdgible- metal-standngreair Unknown 19 Chimney placement & material 11 Contractor/builder/craftsman liable end, eaerior - brick Unknown 20 Type of construction 12 .. Style balloon fame/plaJ.nn frame Craftsmanhighstyle 21 Exterior material(s) wmrherboard/clapboard/bn,eled.siding 13 Building type 22 Foundation material(s) centradhallwaystone 14 Original Floor Plan 23 Porch(es)ria central hallway (passage) - one room deep wrap-around (front, I story, full, none, shedlpeno 15 Plan shape 24 Windows ill, .ennngvmr) 25 Additional physical description 26 Negatives: roll #' frames # The house, but it parallel to the meet, features a from door with foursmall /71/2 lights at the sop and the bottom of one large pane of glass. The lights are in the top half of the door, and the door surround features sidelight. The house has exposed rafters and a Jur window continuous dormer with a shed roof. There arefourpanes in each third window. Addition -Ca. 1925 -Craftsman -style front porch Addition - rcar addition AlteredCa. 1940- picture window with 414 side sashu addrd on left side aff ront door Resource No. FU-RO-11 27 Description of outbuildings (if any) 28 Site plan with North at top .............................. ... -......... ..... .......................... ................... ...................... ...... .. 29 Description of landscape f' tures yard setting - casuallunplanned; designed fencinglivalls .............................................................................................. 30 Number of buildings j structures outbuildings ....o sites .........o landscape features *3............................o:..4..4.4.4. ........................ 1 Des.c..r..ip.t.i.on ofth.e.environment ..... mixed use (old resources) 32 Archaeological potential THEMES: architecture ................................................................................................. 35 Significance architectural type (well preserved example) .................................................... 36 Sources of information The Jaeger Company City of Roswell 38 Hill Street Roswell, GA 30075 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ...............................................................................4................4.44.............4... g 40 §HPO evaluation O Georgia Register may meet National Register .crit eria......................................... O Local designation 41 USES quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility 1 6741 01 0 3777960 OOther ........ .............4.............I.................................. zone easting northing ........................................................................................................................................... 42 Tax map number 0022341008710250 * see continuation sheet GEORGIA HISTORIC RESOURCES R Historic Preservation Division 57 Forsyth Street, Suite 500 Georgia Department of Natural Resources Atlanta, Georgia 30303 404/656-2840 For inshuctions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource Chadwicks Store 3 Address/location AmaMMiR Road Roswelt 30075 4 Ownees name and mailing address Aubrey Chadwick 13MOAmdd Mill Road Rasuch, GA 30075 5 ®Building O Structure O Site O Object esource No. £URolo COunty Fulton Location map with North at O Landscape feature 6 O Representative example of building type Number represented e� Wpe,t 7 Use, current eradstore&hop Q original mcalutorelshop 8 Date of construction (or estimate) 16 Number of stories G.1890-1899 One 9 Major changes & date (explain in No.25) ® Altered O Moved ® Addition O Destroyed 10 Architect/engineer/designer Unknown 11 Contractor/builder/craftsman Unknown ]2 Style Craftsman - elemmv 13 Building type unity asre 14 Original Floor Plan one room rectangular more than two roomy deep 15 Plan shape 17 Facade summetry & front door(s) mrnmemcaS one door 18 Roof type & material parapet gable- composition shingle/ phalt shingle 19 Chimney placement & material o cluman obsened. unknown materia/ 20 Type of construction balloon frame/pla f rm frame 21 Exterior material(s) caq onlpressed an 22 Foundation material(s) concorrepur 23 Porch(es) nundah (front I story, fu(4. slonq shedlpmt) 24 Windows rectangular daublc- hung sash (Jlat-headed, 4/4, rectangular) e25 Additional Physical description 26 Negatives: roll # frames # /'s / Thestorcfront pmatel to the street and thrfrom gable roof is conceded by a pamper wall The porch supports consist of square wood posts on stone bases The front door (ca 1960)is wida, appy ly 36 40'. The glass in thefirril windowsis historic, exhibiting characteristic imperfections no ling of the porch composed fbo dsapproximately4XI0 secured with baitens. no firs: dal'- has a gab( J, slightly lower than the roof of the ongina(swcmrc. The second addition has a side -gabled roof, slightly lower than the first addition roof, and the third addition has a shed roof that slop" to the sear AI! roofs have a posed rafters. Addition � Ca 1920 � rear full -width addition with mar gabled roof Addition Ca. 1930 nay full -width addition with side gabled roof Addison - had scar full -width addition with shed roof sn connnuaaon shat Resource No. FU-R040 .................................................................... . 27 Description of outbuildings (if any) 28 Site plan with North at top ................................................................................... 29 Description of landscape features ...........:.................................................................................................... 30 Number of buildings ... structures o outbuildings .... o sites o landscape features 0 ............... 31 Description of the environment rural - crossroads community (old resources) mixed use (old resources) ..................................................... 32 Archaeological potential 33 History 34 Historical theme(s) THEMES: architecture ................................................................... ................................................................. 35 Significance common architectural type (good examplelillustration) ..................................................................................................................................... 36 Sources of information 37 Prepared by (person, organization and address) 38 Date of survey 2000 2001 resurvey The Jaeger Company City of Roswell 38 Hill Street Roswell, GA 30075 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................................................................... 40 SPOevaluation O Georgia Register may meet National .Register_criteria........................................................................ O Local designation 41 USGS quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility 16 741 1 5 0 3 777885 OOther .......... ............................4................................. zone easting northing 42 Tax map number 22341008710111 * see continuation sheet GEORGIA HISTORIC RESOURCES Resource No. FU.NF.230 Historic Preservation Section 205 Butler Street, Suite 1462 County Fuann Georgia Department of Natural Resources Atlanta, Georgia 30.3.34 404/656-2840 F1 instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 2 Location map with North at top Arnold Chamblee Chadwick ]louse 3 Address/loca[ion F )side ofAmofd Milf RoaQ/GA 140, 1200fecrsoumh ofthc Gtdc River Arnold Mill Comm. 4 Owner's name and mailing address Ruby Chadwick (died 705) clo Larry Chadwick 13MOl ighway 140 Roswell, GA 5 ® Building O Structure O Site 0 Object O Landscape feature 6 O Representative example of building type Number represented 7 Use,current ✓acanteVotin Use original singledweuing e Date of construction (or estimate) (A. 1850 1859 9 Major changes & date (explain in No.25) O Altered O Moved O Addition O Destroyed 10 Architect/engineer/designer Unknown 11 Contractor/builder/craftsman Unknown lz $tyle Greek Revival elements 13 Building type 16 Number of stories rgiinge One 17 Facade summetry & front door(s) symmetrical, one door 18 Roof type & material firomoviencedifiblir-metal standing scam composition shingle/a Phah shingdc 19 Chimney placement & material ajj corer, within roofsvrface-brick,, off center within roofsurface-brick 20 Type of construction balloon fratim plaf rm frame; post -and -beam (wood) 21 Fxterior material(s) eatherboadiclapboadlbeveled siding 22 Foundation material(s) Geoa) tstone - concrete ow cnnttnu, oodpicr 19 Original Floor Plan 23 Porches) continuous, central haaway (passage) - two rooms deep verandah (front, l story, full, wood, shed/pent) 15 Plan shape 24 2ft gsam(flat-headed. 212, rscangulav): double hang sash (flat-neadea4 rectaeµ dor 90, rectangular) 25 Additional physical description 26 Negatives: roll #"q frames # i f� e a Gable end chimnry. Roof material is standing amm over apace shingle Pedimentecifront gable with frieze board, comice. Fluted done column porch supports, brick pier porch foundations Sidelightswith code pier pilasters. Commotion type is ballon with wood beam sill A historic, stately landmarkstrnely overlooking a hectic Conrliunn: Poor. ''/'hreamened by catdition and ure Resource ..N....o.....FU-NF-230. ...................... 27 Description of outbuildings (if any) 28 Site plan with North at top __ 4444...._ ...__ __ ...__ . 4444... _ _............_ 4444.. garage -A: Front gable, 2 -bay garage with v -crimp metal roof, weatherboard siding. .............. _ _.. _ ._........_ wellhouse - B: Weatherboard wellhouse with pyramidal roof. 29 Description of landscape features yard setting - casual/unplanned shrubs, ivy, several mature hardwoods .............................................................................................. 30 Number of buildings � structures outbuildings 2 sites .........o landscape features 1 31 Description of the environment grist milllfeny community (old resources) ........................... __._.. __4444 . .............._____ 32 Archaeological potential 33 History 34 Historical themes) Built by either Elie McConnell or Dunwoody Arnold who had gristmill, ferry THEMES: architecture and other enterprises on the Little River. Generations: Enoch Chamblee -................. ................ --- ............ ..................... ............. .......... .................. ................... Wash Chadwick - Aubrey Chadwick (Ruby's husband) - Larry and Gerald 35 Significance Chadwick architectural style (good example/illustration) common architectural type (unusual examplelillustration) Excellent Greek Revival High integrity , poor condition. 36 Sources of information Hoyt Norton neighbor 33 Larry Chamblee neighbor 33 _ ......................._........... ....... ........_................................................ ..... Heather_ Chadwick.. historical society..33...._......................................_............__... 37 Prepared by (person, organization and address) 38 Date of survey 1977 resurvey 1995 -1996 Elliott Kipling Wright Fulton County, P&ED, Comp, Planning 141 Pryor StreeS Suite 5001 Atlanuq GA 30303 .................................................................................................................................. 39 Government preservation activity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................................................................... 40 SHPO evaluation O Georgia Register appears to meet Nat. Reg._ criteria O Local designation m 41 USGS quadrangle nae Mountain Park O HABS/HAER UTM reference O Determination of eligibility 1 6 741 070 3777860 OOther .4....... .....444.........4 ........... ..4.....................444...... zone easting northing .....................................................................................................................4......................................................................................................................................... 42 Tax map number 0022341008720296 ....................................................................................................................................................................................................................................................................... 'see continuation sheet GEORGIA HISTORIC RESOURCES Resource No. Fa Nr23o Continuation Sheet 36 19]] Survq #25pnmary written I GEORGIA HISTORIC RESOURCES Resource Nn. FU-NF.232 Historic Preservation Section 205 Butler Street Suite 1462 County Fulton Georgia Department of Natural Resources Atlanta, Georgia 30334 404/656-2ft40 Fl instructions, seethe Georgia Historic Resources Survey Manual 1 Name(s) of resource Aubrey Chadwick f fou.re 3 Address/location iJ]OOAmo[d Mill kouQ Arnold Mill Comm 4 Owners name and mailing address 5 ®Building O Structure O Site 0Object O Landscape feature 6 O Representative example of building type Number represented 7 Use, current single dwelling original singledwdling 2 Location map with North at top e Date of construction (or estimate) 16 Number of stories CA, t930t939 One 9 Major changes & date (explain in No.25) O Altered O Moved O Addition O Destroyed 10 Architect/engineer/designer Unknown 11 Con tractor/builder/craftsman Unknown 12 Style Craftsman elements 13 Building type nal ha(lwuy 14 Original Floor Plan central hallway (passage)- one room deep 15 Plan shape 17 Facade summetry & front door(s) gmmem ca{ one door 19 Roof type & material side-orientedgab/e - metal. scan hngseam 19 Chimney placement & material gableendextreme brick, gable end exterior coursed stone 20 Type of construction balloon fame/pm/ rm fine 21 Exterior material(s) eatherboardlehipboardlbeveled siding regular coursed stone 22 Foundation material(s) 23 Porch(es) wraparound (front, I story, full, sane, shedlpeno 7A Windows rectangular find (flat -headed unknown, rectangular) Additional physical description 26 Negatives: roll #2Z frames # i-2_ 4 light fed smh windows. 3 bec.shed dormer with 4light f Qsash windows. Battered stone-pierporch supports. /'wogab/eendextmor chimneys (on diff rent gables) was corbelled chimney caps Fsposed rafter ends. Wood -panel front door with large light, sidelights. Condition. Good .L Resource No. FU NF -232 27 Description of outbuildings (if any) 28 Site plan with North at top bam/shed - A: Front gable, weatherboard barn with v -crimp metal roof. . garage - B: Front gable, concrete block garage. ............................................................................................ 29 Description of landscape features yard setting - casual/unplanned; forest/woods - planted flowering trees, shrubs, large pine 30 Number of buildings ? structures outbuildings ..... 2 sites .........o landscape features 2 ..................................................:::::::::::::::............................. 31 Description of the environment grist mill/ferry community (old resources) U7 ................................................... 32 Archaeological potential 33 History 34 Historical themes) Aubrey Chadwick, Wash's son, built this house. THEMES: architecture .................................................................................................................................... 35 Significance architectural type (unusual examplelillustration) architectural style (good erample/illustration) 36 Sources of information Hoyt Norton neighbor 33 Heather Chadwick owner 8, 33 37 Prepared by (person, organization and address) 38 Date of survey 1995 -.1996.,.._., resurvey ................... Elliott Kipling Wright Fulton County , P&ED, Comp. Planning 141 Pryor StreeS Suite 5001 Atlanta, GA 30303 .................................................................................................................................. 39 Government preservation acti vity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................................................................... 40 §HPO evaluation O Georgia Register appears to. meet. Nat._ Reg.. criteria O Local designation ................--..................................................... 41 USGS quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility 16 740980 3777920 OOther .......... ...................................................W.......... zone easting northing ........... ................ ............................................................................................................................................................................................................................................ 42 Tax map number 0022341008710255 ................................................................................................................................................................................................................................................................... GEORGIA HISTORIC RESOURCES Resource No. pII NF 231 Historic Preservation Section 265 Butler Street, Suite 1462 County Fulton Georgia Department of Natural Resources Atlanta, Georgia 30334 404/656-2840 F instructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 2 Location map with North at top Wish Chadwick Smrc 3 AddressJlocafion Westside ofAmold Mill Road/(:A 1d0, [000 fret south ofthe /,isle fb'ver Amold Mill Comm 4 Owner's name and mailing address 5 ®Building O Structure O Site 0Object O Landscape feature 6 O Representative example of building type Number represented 7 Use, current vacant/Not b, rise original remil.nnre/shop e Date of construction (or estimate) CA. 1920 1929 9 Major changes & date (explain in No.25) O Altered O Moved O Addition O Destroyed 10 Architect/engineer/designer Unknown 11 Contractor/builder/craftsman Unknown 12 Style No Academic.Syle 13 Building type 14 Original Floor Plan 15 Plan shape 16 Number of stories One 17 Facade summetry & front door(s) rymme tical, one door 18 Roof type & material from oriented gahle- metal - corrugated sheet; dredrnenied) 19 Chimney placement & material no chimney observed. unknown material 20 Type of construction balloon frame/pin f em frame 21 Exterior material(s) cast onlponsed tin; @nckleaaem) 22 Foundation material(s) sionepter, concrete pier 23 Porch(es) ranmh (front, I same, M1, en , wood, shed/p,. 24 Windows muaintular dmb&hung sarh (flathevdrd 4/4, rrctanyulnr) 25 Additional physical description 26 S„.ific,� till'! " It,Tit 314 �z Wodponsonsionepiersaupporiporch l:'rposedrrfocre_ds. Condition: poor /hreaened by use rI�LL Resource No. FU -NF -231 .................................................... 27 Description of outbuildings (if any) 28 Site plan with North at top warehouse -A: Board and batten side gable warehouse. Stored fertilizerfor store, c.1930. ........................................................................................................... 29 Description of landscape features paved in front & sides, gas pumps \�,^\ __........ ..... .......................................:. ................................................................................................................................... 30 Number of buildings ....._1...... structures o _ .......... __. _. _. ........... .......... . ............... outbuildings 1..... sites ..... ....o landscape features 2 ...........................................................::::::.................................................................. 31 Description of the environment grist mill/ferry community (old resources) 4444... _ _... _ �................................... ........._.......... 32 Archaeological potential 33 History 34 Historical themes) Willian Washington "Wash" Chadwick bought the business from his father in THEMES: architecture; commerce law Enoch Chamblee. He married Mamie Chamblee (see FU -NF -230). Run by Aubrey and Ruby Chadwick (Ruby died July, 1996). They passed the store 35 Significance to their sons Larry and Jerold The store was a stopingplace for farmers taking good to Atlanta. Farming supplies were sold here. 36 Sources of information Hoyt Norton neighbor 33 AJC, 7/17/96, p. El primary written 33 Heather_Chadwick..neighbor..33.............................................................................. 37 Prepared by (person, organization and address) 38 Date.of survey 1995-1996_4.... resurvey._._ WW Elliott Kipling Wright Fulton County , P&ED, Comp. Planning 141 Pryor Street, Suite 5001 Atlanu GA 30303 .................................................................................................................................. 39 Government preservation acti vity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ............................................................................................0400.0.......................... g 40 SHPO evaluation O Georgia Register appears to meet Nat. Reg. criteria O Local designation ..................................g..............................................................................4......444 41 USGS quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility 1 6741 005 3777880 OOther .......... ...........4........444................................4...... zone easting northing 444444'4............................................................................................................. 42 Tax map number 0022341008710115 ....................................................................................................................................................................................................................................................................... GEORGIA HISTORIC RESOURCES Resource No. FU.NF.233 Historic Preservation Section 205 Butler Street, Suite 1462 County Fulton Georgia Department of Natural Resources Atlanta, Georgia 30334 404/656-2840 F inestructions, see the Georgia Historic Resources Survey Manual 1 Name(s) of resource 3 Address/location 900Amald Mi(IlXoswel/ Road A told Mill Comm 4 Owner's name and mailing address Louneaderlonea 900 Arnold Milllftoswell Road 2 Location map with North at top l.ttTLE gtvet� A2nour� HILL $®Bnilding OSINCtnre i O Site 0Object p O Landscape feature 6 O Representative example of building type d6 Number represented 7 Use, current single dwelling original single dwelling 8 Date of construction (or estimate) 16 Number of stories u.lg9o_1899 one 9 Major changes & date (explain in No.25) ® Altered O Moved ® Addition O Destroyed 10 Architect/engineer/designer Unknown 17 Facade summetry & front door(s) arymmemcal, two Mors 18 Roof type & material sideorienodgable metal-seandingseam 19 Chimney placement & material on ractor/IJm er/era t5man born gable -aids (eacrzor) -brick tmbtowrt____,_ _____ 20 Type of construction 12 Style balloon framedionfrocin frame No Academic Sryh 21 Exterior material(s) weatherboardlchb board/beveled siding novdy sidinglshiplopldrop siding 13 Building type 22 Foundation material(s) central hallway ommuoneper 14 Original Floor Plan 23 Porch(es) central hallway (pasmge) - one room deep recessed (front, I nary, partial, wood, gable) 15 Plan shape 74 KIPI gS h aeheaded, 6lq lar doubt hun h headkd, rectangular Ssas (/! h ): gsas (flat gu 2/2 rectangular), double hung sash (fl h deal 9/6, rectangular) 25 Additionalh i cal descri tion 26 Ne atives: roll # zt frames # 4' 2exterior, brickoyege, gable enmnebas<chlmmys. ltposedrafier g ends, gabled from dormer,erf ilaster, frieze board, eeposedloiscs Arnold Mill road realigned e1952c house on old alignment. ('anditinn: Fair Addition- 1951Ar-Side additinru and franc addition Alrcred-1950x-Wraparound porch removed 2/2 windows added Resource No. FU-NF.233 ........................................................................... 27 Description of outbuildings (if any) 28 Site plan with North at top __ _ __ ......... ......_..... .................................................................................................................................. 29 Description of landscape features yard setting - casuallunplannedw designed plantingslplanting beds; forestlwoods -planted shrubbery, flower beds, mature hardwoods &pines, garden, thrift (flox) ................................................................................................................................... 30 Number of buildings .......j_._. ............... outbuildings ......o sites .........o ....... _ _ _ __. ........_ landscape features 3 ..........................................................:::::::.................................................................. 31 Description of the environment Gristmill/ferry community (old resources) 32 Archaeological potential ..................................................................................................................................WW ................................................................................................................................... 33 History 34 Historical theme(s) Old alignment of Amold Mill Road wraps around bluff on which house is THEMES: architecture located This is apparently a graded blacktop, single lane road of 1930s.............................................................................................................. .......... vintage. Mr. Hoyt Newton, neighbor, describes a curvier dirt road. Mr. 35 Significance Wayne Jones, son of owner, said an older alignment passed directly in front of the house (not easily discerned). Road leads to shoals, may have bee location of mill. 36 Sources of information Joyce Pruitt neighbor 33 Hoyt Norton neighbor 33 .....................a ............ ................. Wayne Jones owner. 33 ............................................................................................... 37 Prepared by (person, organization and address) 38 Date.of survey 1995 -.199¢...... resurvey Elliott Kipling Wright Fulton County , P&ED, Comp. Planning 141 Pryor Street, Suite 5001 Atlanta, GA 30303 .................................................................................................................................. 39 Government preservation acti vity 43 Recognition and date O Section 106 review O Grant O National Landmark O Tax certification O Other O National Register ................................................................................................................................... 40 SHPO evaluation O Georgia Register appears not. to meet Nat. Reg.. cntenO Local designation 41 USES quadrangle name Mountain Park O HABS/HAER UTM reference O Determination of eligibility 1 6 7 0 3 70 OOther .......... .............................................................. zone easting northing ....................................................................................................................................................................................................................................................................... 42 Tax map number 0022341008710016 From Dumps to Destinations: The Conversion of Landfi lls to Parks Forum Imagine sun bathing, playing baseball, or fl ying a kite on top of a huge pile of garbage. Actually, there’s no need to imagine—simply head out to Boston’s Millennium Park. Fifteen years ago, known as the Gardner Street Landfi ll, it was a dump—literally. Today its 100 acres host sports fi elds, playgrounds, an outdoor classroom and amphithe- ater, six miles of walking and biking trails, and river access. As Mayor Tom Menino stated at its opening Decem- ber 7, 2000, it is “a place for people of all ages and backgrounds to come for a picnic, a friendly ballgame, or some solitude.” No one has tabulated all the parks and public recreational sites created on old landfi lls. There are certainly more than 250, and there may well be more than 1,000. They range from the famous, such as Flushing Meadow in New York (site of two World’s Fairs) and the appropriately named Mt. Trashmore in Virginia Beach, to relatively obscure inner-city basket- ball and tennis courts, suburban golf courses, and soccer fi elds. One con- verted landfi ll in Berkeley is home to an international kite festival; another in Albuquerque hosts a celebration of hot-air balloons. It would be an overstatement to say that some of the nation’s best urban parks have been created from landfi lls, or even that capped landfi lls automatically make terrifi c parks. But in a time of severe urban space and resource constraints, closed landfi lls present excellent new park sites for three reasons—size, location and cost. Communities from coast to coast have been jumping at the chance to convert them. An Urban Mission The San Francisco-based Trust for Public Land (TPL) has developed a particular interest in old landfi lls. The nation’s second largest land Peter Harnik, Michael Taylor and Ben Welle Projected use of some of the 2,200 acres of currently open land at the site of the former Fresh Kills Landfi ll on Staten Island, New York. Photo courtesy of the New York City Department of City Planning. Places 18.1 83 These Forum pages were produced under agreement between the Design History Foundation and The Trust for Public Land. For more information on TPL programs, contact: The Trust for Public Land 116 New Montgomery Street San Francisco, CA, 94103 www.tpl.org Peter Harnik is director of the Center for City Park Excellence at the Trust for Public Land and author of Inside City Parks (Urban Land Institute, 2000). Ben Welle is program assistant at the Center. Michael Taylor, a 2005 intern with the Trust for Public Land, is a masters student at the University of Texas in Austin. living, and as older suburban areas become more built up, old landfi ll sites become increasingly valuable and offer similar potential. To study the complexities of this and other issues affecting urban green spaces, TPL has created an internal research arm, the Center for City Park Excellence (CCPE). Since 2003, the center has conducted in-depth research on a range of topics from dog parks to the design of skateboard facil- ities; it has analyzed how park agency budgets affect park maintenance and use; and it has developed new meth- odologies for counting the number of park users and understanding their various needs. Based on CCPE research, TPL has also launched a national campaign to promote the conversion of landfi lls into parks. Landfi lls are so appropriate for conversion to parks, TPL believes, that recreation planners and landscape architects should not wait until they are closed to get involved. New land- fi lls could even be pre-envisioned and pre-designed as parks before the fi rst bag of trash is ever disposed. The Earliest Landfi ll Parks Landfi ll parks go back to at least 1916 (many years before the word “landfi ll” was coined), when Seattle created Rainier Playfi eld from its former Rainier Dump. In 1935 another conversion transformed that city’s 62-acre Miller Street Dump into a portion of the now-famous Wash- ington Park Arboretum. The follow- ing year, New York closed the putrid Corona Dumps—famously called the “Valley of Ashes” by F. Scott Fitzger- ald in The Great Gatsby—and began preparing the land for construction of the 1939 World’s Fair. Following World War II, the volume of trash and the number of landfi lls in America mushroomed—as conservation group (after the Nature Conservancy), TPL approaches its land-for-people mission in two ways. In rural and suburban areas TPL may buy virgin land for park agencies to preserve it from development. But in urban areas its most valuable role may be to acquire previously used land and help communities recycle it for new public purposes. TPL’s roster of urban land rec- lamation and reuse projects today includes old rail yards in Los Angeles and Santa Fe, abandoned piers and docks in Brooklyn and Oakland, decayed factory sites in Chicago and Atlanta, an abandoned gas station in Boston, and an oil storage depot in Seattle. As people across the country rediscover the benefi ts of urban Harnik, Taylor and Welle / From Dumps to Destination Known contaminated areas of Mabel Davis Park in Austin, Texas. The park was opened in 1979 over parts of an old landfi ll. In March 2000 city workers discovered elevated levels of lead in the park’s soil. Further investigation revealed elevated levels of pesticides. Map courtesy of the City of Austin. 84 did the number that became fi lled to capacity. The U.S. Environmental Protection Agency (EPA) today esti- mates that as many as 3,500 landfi lls have closed since 1991. The number from earlier years has never been tracked. In theory, turning a landfi ll into a park transforms a noxious liability into an attractive asset. As a “sustain- able” recycling of urban assets, in many cases it works beautifully. Even a superfi cial investigation of American big cities by CCPE reveals more than 4,500 acres of successful landfi ll parks. However, compared to a “green- fi eld” site, an old landfi ll almost always requires more time and planning to turn into a park. Indeed, complex issues of toxicity, liability, and ground settlement often conspire to prevent municipalities and private land con- servancies from pursing such projects. But these challenges are not insur- mountable. In a similar effort over the last twenty years, the rails-to-trails movement has converted thousands of miles of former railway right-of-way to nature and bike trails. In the heart of a dense metro area, a former dump may today be one of only a few large, open locations remaining on which to build a new public park. And its conversion may present an opportunity to correct longstanding local patterns of environmental injus- tice. Moreover, there is a good chance the landfi ll—which may be as small as dozens of acres or as large as 1,000 or more—will be inexpensive to buy, or free, or possibly come with some sup- porting funds for maintenance. There are many fi nancial models on which to base a successful landfi ll conversion. In Portland, Oregon, the parks department is getting a “free” park with all closure and conversion costs prepaid by the city’s solid waste department, which built up a reserve by assessing a per-ton fee on garbage disposed there. In Virginia Beach, the original capping and the 1986 recap- ping of Mt. Trashmore were paid for by the public works department; only the 2003 recapping—hope- fully the last—was fi nanced by the parks department through its capital improvement budget. In Fresno, own- ership of the old municipal landfi ll won’t offi cially be transferred from the public utilities department, but the parks and recreation department will operate a new park there under a management agreement. A cheap purchase price is impor- tant because conversion and main- Forum Future promenade and barge gardens at the Fresh Kills site, which will now be called Fresh Kills Park. Photo courtesy of the New York City Department of City Planning. Places 18.1 85 tenance can expensive, even if costs are shared with the former landfi ll owner/operator. Depending on the age and contents of a landfi ll, the amount of groundwater or soil con- tamination present, and the planned new recreational uses, construction costs have ranged from $500,000 for a two-acre site to $30 million for a regional park of more than one hundred acres. Costs further depend on such factors as topography, avail- ability of materials, cover design, and quantity reductions. Overall, CCPE has arrived at a rough average cost for landfi ll-to-park conversions of around $300,000 per acre. Regulations and Resources The case of fi fty-acre Mabel Davis Park indicates some of the diffi cul- ties faced by park planners when they attempt to convert landfi ll sites. Located about four miles south of downtown Austin, Texas, half the park sits atop a landfi ll that closed in the 1950s. The site was fi rst con- verted to a park in 1979, before ade- quate regulations were put in place, and shortly afterwards its covering began to erode and leachate pollution emerged from illegally dumped fertil- izer and battery casings. After years of mounting problems, the city was forced to close the park in 2000 and begin an $8.5-million remediation program. According to Christina Calvery, Project Manager for the Austin Parks and Recreation Department, this meant a comprehen- sive redesign to bring it up to current EPA standards. The example highlights the impor- tance of research and regulation. Although the story of Mabel Davis Park ended happily and the park reopened in December 2005, years of pollution followed by costly repairs could have been avoided if illegal dumping had not taken place, and if the conversion had been accomplished in a way that prevented leaching. Today many new safeguards are in place. And since November 1991 the construction of municipal landfi lls has been regulated by the Environ- mental Protection Agency. Federal law further stipulates that, no later than six months after a landfi ll is closed, an owner/operator must install an approved cap to minimize water infi ltration and erosion. This must incorporate an 18-inch clay layer to impede water infi ltration and at least 6 inches of vegetated earthen material to prevent erosion of the infi ltration Harnik, Taylor and Welle / From Dumps to Destination The south part of Fresh Kills Park will feature restored wetlands as well as hiking and biking trails. Photo courtesy of the New York City Department of City Planning. 86 layer. There usually must also be a gas venting layer and a layer of stone or geosynthetic material to keep out bur- rowing animals. Federal policy also now requires that the owner/operator maintain the integrity of this cover, monitor groundwater contamination, and manage methane gas and leachate production for thirty years after the landfi ll is closed. Finally, there is a fi nancial requirement to cover post- closure care as well as clean-up if groundwater contamination occurs. In some cases government grants or loans may be available to ensure that these obligations are met. In one such case, TPL received a $200,000 EPA grant to assist in capping a two- acre landfi ll in Providence, R.I., that provided a critical link in the four- mile Woonasquatucket River Gre- enway. TPL’s Daria Ovide says the EPA grant was a signifi cant factor in moving this project forward. Technical Concerns Once an adequately designed cap is in place, two signifi cant challenges remain to reusing a landfi ll as a park: gas production and ground settle- ment. Landfi ll gases such as methane, carbon dioxide, ammonia, and hydro- gen sulfi de are created when buried waste decomposes. Methane may be released for thirty or more years after closure. Indeed, in early parks built on landfi lls there were occasional stories of picnickers being stunned when a column of fl ames erupted alongside their barbeque grills. EPA now requires gas collection systems, but in some cases this gas can be sold to generate revenue. One example is the former St. Johns Land- fi ll, Portland, Oregon’s, primary waste disposal site for more than fi fty years. In 1991 Portland Metro closed the 240-acre dump, essentially an island of trash within the 2,000-acre Smith- Bybee Wetlands Natural Area, to begin long-term restoration. Today, most of the methane produced by the landfi ll is piped two miles to heat the lime kiln of a cement company. The revenue, averaging $110,000 per year, helps pay for landfi ll closure operations. Ground settlement can also be a diffi cult problem. Like cereal in a box, municipal landfi lls settle from 5 to 20 percent over a two- or three- decade period. Such settlement may cause foundations to break and sink, utility and irrigation pipes to burst, roads and paths to crack and heave, light poles to tilt, and sports fi elds to Forum The south portion of the proposed park will also house recreational spaces such as soccer fi elds. Photo courtesy of the New York City Department of City Planning. Places 18.1 87 crumple. Obviously, if a landfi ll site is to be converted to a “natural” area, none of this matters. But most recre- ational reuses require construction of at least trails, if not fi elds and various types of buildings. And more intensive reuses may require amphitheaters, pro shops, eating and drinking facilities, and meeting rooms. The only real solution is careful planning. Since waste sits only in “cells” within most landfi lls, park facilities can still be safely con- structed over undisturbed areas of a site, leaving the rest to support grass and shrubbery. For instance, in the current conversion of New York City’s gargantuan Fresh Kills landfi ll, the city proposed building numer- ous signifi cant structures. According to Planning Department Project Manager Jeffery Sugarman, the chal- lenge was to locate them properly. In the end, this wasn’t overwhelmingly diffi cult since only about 45 percent of the land area had actually been used for waste disposal. Utility systems can be more of a problem. While fl exible electric and telephone cables can be buried within the upper layer of a landfi ll cover, that doesn’t work for rigid gas, water and sewer lines. Irrigation pipe can be especially troublesome. Alterna- tives to buried irrigation pipe include above-ground watering systems, using grasses that require little or no irriga- tion, or eliminating active recreation over much of a site. Careful planning may again be the only real answer. Calvery says much of Mabel Davis Park is now planted only with fl owers and grasses native to the Central Texas plains. This reduces the need for irrigation and maintenance, and also limits the pos- sibility that irrigation water will fi lter through the landfi ll to create leachate. Recreational areas can still be included in carefully located areas of such a park. It can also be attractively landscaped if trees are planted far enough away from the cover to prevent their roots from puncturing it. Putting It All Together With a surfeit of trash, a shortage of urban green space, and improve- ments in land-conversion technology, the landfi lls-to-parks movement has a huge future potential. However, much more planning must be under- taken if this resource is to captured to make new public spaces, particularly ones that allow the emergence of new natural areas within cities, or adjacent to them. Even before the fi rst truckful of garbage is disposed at a new site, careful consideration should be given by solid waste agencies, municipal park departments, and landscape architects to how the site will be con- verted at the end of its expected life as a dump. For example, the solid-earth “walls” between trash-fi lled cells could be made thick enough to later support not only underground pipes and conduits but above-ground build- ings and structures. Even without such comprehen- sive preplanning, however, TPL believes there is great potential for phased conversions at existing land- fi lls. According to this model, older sections could be converted into parkland sooner, on a rolling basis, even as newer areas are still accepting deliveries of waste. Such a program would allow a more natural program of tree and plant growth. The impacts on park users might be mitigated by constructing permanent or tempo- rary berms to screen ongoing landfi ll operations. And in some cases, phased conversion might even allow on-site environmental education about the reuse process. Like retail and housing activities, the landfi ll business is “sprawling” and “big-boxing” in the U.S. today—shift- ing to gigantic operations that seem ever more dispersed and distant from urban areas. For example, Corpus Christi, Texas, is about to open a 2,000-acre landfi ll ten miles outside the city, with projections that it won’t be fi lled for one hundred years. Colorado Springs’ three landfi lls have a century’s worth of capacity left. Seattle now loads its waste onto trains and ships it over the Cascade Moun- tains to eastern Washington. Yet, no matter how distant these dump sites may seem, it is impos- sible to predict where they will fi t into potential patterns of population growth by the twenty-second century. Will today’s exurban landfi ll locations be surrounded by settlement the same way urbanized areas of Manhattan eventually displaced the farms around “distant” Central Park? Before the U.S. fi nds itself involved in a broad-scale, seamless landfi lls- to-parks movement numerous chal- lenges—technological, political and legal—still need to be better under- stood. As long as urban and suburban land was relatively cheap and avail- able, it made little sense to pursue these. But today many of these cost equations have shifted. With a three-pronged effort—to design safer, more easily reclaimable dumps, work more closely with com- munity activists, and assure protection from legal liabilities—communities and nonprofi t groups like the Trust for Public Land may someday create a vast new network of urban and subur- ban parks from areas once best consid- ered out of sight and out of mind. Harnik, Taylor and Welle / From Dumps to Destination88 • Virginia Beach, VA • Opened 1974 • 165 acres • Reuse • Picnic shelters • Playground areas • Basketball and volleyball • Skate park • Vending and restrooms • Perimeter trail Mount Trashmore Park • Mountain View, CA • First sections opened 1986 • 750 acres • Waste Management • Reuse • 25,000-seat amphitheater • 8 miles of trails • Lake for boating • 18-hole golf course • Wildlife habitat • Methane capture Shoreline Park Freshkills Park • Staten Island, NY • Landfill closed 2001 • 2,200 acres • City of New York Parks Dept. • Reuse Plan: • Athletic fields • Bicycle and pedestrian trails • Equestrian paths • Educational and cultural facilities • Event spaces • Wildlife habitat • Wetlands restoration • Ecologically sensitive roadways • Methane capture • Wind turbines • Solar arrays Reimagining Waste: What We Build on Former Landfills List from Kathryn Sukalich In 2010, 250 million tons of trash were created in the United States and 85 million tons were recycled, according to the EPA. That means 165 million tons of trash had to go somewhere, and much of it went to landfills. On an average day, the country’s largest landfills can receive up to 9,000 tons of waste, each. Although many of these landfills cover large areas, they do have limited lifespans. So what happens when a landfill reaches the end of its operational life? Earth911 has compiled a list of landfills that have been repurposed for new uses, and believe it or not many of them take sustainability and eco-consciousness into consideration. 1. Freshkills Park - Staten Island, New York Photo: City of New York Parks & Recreation Staten Island in New York City used to be home to the largest landfill in the world. Fresh Kills landfill received the city’s trash for decades before finally being closed in 2001, when the last garbage – debris from the 9/11 World Trade Center attacks – was added. Now, plans to turn the landfill into a 2,200 acre park are underway. Freshkills Park (“kill,” by the way, is Dutch for stream) will be three times the size of Central Park and include waterfront activities, areas for sports and art, wildlife areas and even equestrian facilities, according to the City of New York Parks & Recreation Department . Methane, the gas produced by decomposing trash in a landfill, is currently being collected and sold. Future plans for the park will incorporate other sustainable efforts including wind turbines, solar cells and green building principles. • South metro Denver, CO • Landfill closed 1987 • Waste Management • Leased in 2001 for 15 years • Arapahoe County to South Suburban Parks and Rec. Dist. • Reuse • Synthetic turf athletic fields • BMX bike track • 18-hole disc-golf course • Planned: • Dog park • Inline hockey rink • Skate park • Loop trail David Lorenz Regional Park VIII. Case Study: David A. Lorenz Regional Park, Colorado Background of Site The County Line Landfill (CLL) was located well to the extreme south of development associated with the Denver Metropolitan Area when it began operation in the mid-1960s. The pre-Subtitle D facility was constructed without a containment or leachate collection system. As with many munici- pal solid waste (MSW) facilities across the United States, urban growth surrounded the CLL with res- idential and industrial development. Because of this development and g rowing shortages of af- fordable parkland in the area, the CLL, which was closed in 1987, presented a unique opportunity to convert the 85-acre vacant site into athletic fields. This park fills a critical need to provide safe places for kids and adults to play at a time when South Suburban Park and Recreation District (SSPRD) has Soccer league in action at former County Line Landfill site, Arapahoe County, CO. The Colorado Brownfields Handbook 49 experienced a 270 percent growth in youth sports. Major funding for development came from a citizen- approved General Obligation Bond, issued in 2000 based on SSPRD’s desire to meet a critical need for athletic fields. In 2001, the capped landfill was leased from Arapa- hoe County by SSPRD at no cost for 15 years, with options to renew or purchase. The first phase of the development on the CLL, now known as the David A. Lorenz Regional Park, was completed in 2003. It consists of two synthetic sports turf multi-purpose fields and one softball/baseball field, a BMX bike track and an 18-hole disc golf course. Future phases will include eight additional artificial grass fields, a dog park, an inline hockey rink, a skate park and loop trail. Key players in this project were the senior management and design staff at SSPRD for devel- opment of the successful concept to use the closed landfill for recreation uses, Arapahoe County and Waste Management of Colorado, Inc. (WMC) who greatly assisted in both the political and technical processes to convert the landfill to a sports complex, American Civil Constructors, Inc. (ACC) the lead designer and general contractor for the project, and Golder Associates Inc. (Golder) who provided design and construction quality assurance services for the liners and gas collection system. Special Environmental Considerations When the concept of transforming the closed landfill into playfields was initially proposed, a num- ber of hurdles had to be overcome. During early stages of waste placement, excess water accumulated behind an earthen berm, resulting in elevated ground water levels that saturated some of the waste. The Colorado Department of Public Health and Environment issued a Notice of Violation in 1983. A dewatering system comprised of wells was implemented by Arapahoe County and WMC with about 20 million gallons pumped to a local wastewater treatment plant. This system was shut down and decommissioned in 1999 in favor of Monitored Natural Attenuation as the appropriate corrective action for the shallow groundwater zone. Consequently, no net increase of infiltration was an important environmental consideration affecting development. The theme of the master plan was “trash to treasure,” converting a landfill to a recreation com- plex, with an emphasis on the use of recycled materials – a natural theme considering the function of the landfill itself. Five recycled products were used in the construction of the project: 1. rubber as infill in the synthetic turf 2. rubber parking blocks 3. asphalt for the parking lot The Colorado Brownfields Handbook 50 4. crusher fines which were a by-product of a stone crushing operation 5. concrete blocks from the old Stapleton Airport runways for a retaining wall Because the original cap was graded at a constant five percent slope and most of the new fields were to be at a one percent slope, and because no cuts were allowed to be made in the existing clay cap, the entire area had to be filled. The amount of fill ranged from two feet to fifteen feet. Every source of soil was analyzed for its engineering properties by Golder to assess the potential for future settlement or swell. All soil materials were placed as structural fill to a dry density of 95 percent of the maximum dry density and strict moisture content requirements to limit the potential for settlement or swell in the future. The goal was to create a fill that would not add any appreciable settlement that could be attributed to the ongoing decomposition of trash in the landfill. Conclusions The former CLL presented a unique opportunity to recycle an 85-acre landfill into athletic playfields. This year-round amenity will help fill a critical shortage of athletic fields for SSPRD and will provide thousands of youth and adults with a variety of recreation activities. The project is totally sustainable and can be maintained in a cost-effective manner. The fields will be available for play year-round. Because of reduced maintenance costs (compared to a typical irrigated playfield), the SSPRD will recoup its devel- opment investment in eight years. The potential environmental impacts have also been addressed by preserving the integrity of the closed landfill. The development has become a model for other recreational agencies and school districts, who have expressed interest and the visited the former landfill site, which is now a community asset. Source: Leonard Butler, Waste Management of Colorado, Inc. Bike course at former County Line Lanfill site The Colorado Brownfields Handbook 51 Twin Bridges – An Environmental Asset for Indiana Welcome to Twin Bridges Recycling and Disposal Facility, a disposal and recreational resource we at Waste Management are very proud of. Twin Bridges is a municipal solid waste landfill located in Danville, Indiana. It provides environmentally safe disposal of solid wastes for residents and industry in Central Indiana. Opened in 1971, the facility has become an environmental asset for the area. Twin Bridges encompasses 982 acres with 237 acres permitted for solid waste disposal. The facility accepts municipal solid wastes, non-hazardous industrial process wastes, wet waste for solidification, sludge, asbestos and contaminated soils. The facility also accepts electronics, yard waste, and tires for recycling. It is permitted by the Indiana Department of Environmental Management (IDEM), the Hendricks County Board of Health, and the Indiana Department of Natural Resources. While it is a remarkable environmental asset, it is also much more. As part of a major expansion during the 1990s, Twin Bridges set upon a course to make the facility a recreational destination. An agreement with the Town of Danville provides more than 275 acres for recreational use. These areas include a police Twin Bridges Facts: Opened 1971 Wastes accepted: Municipal solid waste; non-hazardous industrial wastes; wet wastes for solidification; sludge; asbestos; and contaminated soils. Recyclables accepted: Electronics, yard waste, & tires Facility size 982 acres Disposal area 237 acres permitted; 49 acres in current disposal area. Capacity 26 million cubic yards Site life 32 years Service area Central Indiana. Hours M-F 5 a.m. to 4:30 p.m. shooting range; a remote control model airplane field; youth soccer fields; softball fields; trap and skeet range; archery range; and an eighteen-hole golf course. In addition, Twin Bridges developed a trail system through the wooded areas in the landfill’s buffer zone that can be utilized by day hikers or horseback riders. In 2007, Twin Bridges was awarded “Wildlife At Work” certification by the Wildlife Habitat Council as part of its Comprehensive Management Plan by incorporating the existing recreational areas, wildlife areas, green space and operational areas. In 2008, for its educational programs, Twin Bridges was certified as a “Corporate Lands for Learning” by the Wildlife Habitat Council. Twin Bridges also is a center for renewable energy. The Site recovers gas from decomposing wastes buried in the landfill. The gas is used as fuel to power landfill gas-to-energy plants, which features four of 13 such plants in Indiana. Plant One was constructed in 1994 by Waste Management of Indiana, L.L.C. In 2002, Wabash Valley Power Association Inc. built Plant Two, Plant Three in 2008, and Plant Four in 2012. The plants generate 12.4 megawatts of electrical power for the community. Waste Management is an active community partner Waste Management’s Twin Bridges facility is committed to creating partnerships in the community. The facility has developed numerous amenities for recreation. Among them are: A 32-acre soccer complex for the Danville Optimist Youth Soccer League. A 20-acre archery range with 30 target locations along White Lick Creek for the Pine Hill Archery Clu b. A model airplane field for the Black Sheep Squadron. A 16-acre softball complex for the Danville Girls Softball League. Trap & Skeet Club is the latest addition to the recreational area. A separate five -acre shooting range is dedicated for the use of Danville and Hendricks County police departments. The Hendricks County 4-H and hunter education programs also use the range. For tours of the Facility, please contact us at 317-745-2878. In addition, Twin Bridges offers financial support to numerous groups. Among them are the Danville Parks Department, Danville High School and the Hendricks County 4-H Complex. As part of our donated services, Twin Bridges supported the Danville High School band, academic and sports’ programs. Since 2008, Twin Bridges with the Danville Parks & Recreation has been proud to sponsor the Indiana Master Naturalist Workshop. The mission of the Indiana Master Naturalist program is to provide a better understanding of Indiana’s plants, water, soils, and wildlife and to promote volunteer service in local communities. HOME OF'' ilk ON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Adopting the State Route 9 North Vision Plan as an Amendment to the 2030 Comprehensive Plan. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES O NO CITY ATTORNEY REVIEW REQUIRED: OYES O NO APPROVAL BY CITY ATTORNEY k APPROVED () NOT APPROVED PLACED ON AGENDA FOR. 0-70-7114 REMARKS 144 / /u r & x/ ZD (-moo %3 5, .+, ®� � %� Oa� /` 7104 .S �r�cf✓ io K C �-o u ..� c , � fk r7o.�-s . ® Yougm- *** PHONE: 678.242.2500 FAX: 678.242.2494 . c�FKa P.°� 1nfo@c1tyofmiltonga.us I www.cityofmiRonga.us r�rd Community I E n 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004a To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on June 24, 2014 for the July 7, 2014 Regular Council Meeting Agenda Item: Consideration of a Resolution to Adopt the State Route 9 North Vision Plan as an Amendment to the 2030 Comprehensive 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. The Mayor and City Council approved the Plan at the June 2, 2014 regular Council 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 Resolution Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE ARNOLD MILL ROAD VISIONING STUDY AS AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on July 7, 2014 at 6:00 p.m. as follows: WHEREAS, the City of Milton 2030 Comprehensive Plan identifies the Arnold Mill Road area as a Future Development Area and specifies the need to complete a visioning master plan to guide future development; and, WHEREAS, the Atlanta Regional Commission (ARC) agreed to extend assistance through its Planning Assistance Program, to help with the coordination of the planning process and produce a draft visioning plan for the Arnold Mill corridor; and, WHEREAS, in June of 2013 the ARC team and City staff began conducting a series of community meetings and workshops to discuss the future vision; and, WHEREAS, this Plan outlines the vision for the Arnold Mill area as provided through the community’s input, and provides the additional detail and specificity required to implement a Form Based Code Overlay; and, WHEREAS, the Planning Commission recommended approval of the Arnold Mill Road Visioning Study at its April 23, 2014 meeting; and, WHEREAS, adoption of the Plan will amend the 2030 Comprehensive Plan and the Arnold Mill Road Visioning Study will serve as the small area Master Plan for the Arnold Mill area. NOW THEREFORE BE IT RESOLVED, that 1. Arnold Mill Road Visioning Study is an amendment to the City of Milton 2030 Comprehensive Plan. Page 2 of 2 RESOLVED this 7th day of July 2014. ___________________ Joe Lockwood, Mayor Attest: ________________________ Sudie AM Gordon, City Clerk HOME OF ' i 1. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Construction Services Agreement between the City of Milton and Astra Group, Inc. for the Renovation of Bell Memorial Park. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: j YES () NO APPROVAL BY CITY ATTORNEY (VAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0-7b -7a -7 1 REMARKS *4 Youm� PHONE: 678.242.2500 1 FAX: 678.242.2499 Mce►wu® MIIN infoQcityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Greeln A= Community * Ci of Ethics S To: Honorable Mayor and City Council Members From: Carter Lucas, PE Date: Submitted on June 30, 2014 for the July 7, 2014 Regular Council Meeting Agenda Item: Consideration of a Construction Services Agreement between the City of Milton and Astra Group, Inc. for the Renovation of Bell Memorial Park ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In October 2013 the city council approved the master plan for the renovations to Bell Memorial Park, Figure 1. These renovations are intended to update the park and increase the functionality and field space based on the increased land area acquired by the city. The project consists of the demolition of the existing facilities and the construction of 6 irrigated and lighted playing fields, a concession building, maintenance building, accessory structures, a playground and all associated infrastructure. Figure 1. Master Plan Page 2 of 2 In accordance with the city procurement procedures, a public Invitation to Bid (ITB) was issued on March 26, 2014. On May 8, 2014 the city received three bids for the proposed work that are summarized in Table 1. Table 1. Bid Tabulation Firm Base Bid Astra Group $9,925,000.00 Sports Turf $10,171,000.00 Vertical Earth $12,779,188.95 Through a value engineering exercise with the contractor an additional savings of $536,300 was realized to obtain a revised based bid value of $9,388,700. In addition, five bid alternates were proposed as summarized in Table 2. Staff is recommending accepting Bid Alternate Number 5 to include shade structures over the proposed bleachers. Table 2. Bid Alternates. Bid Alt # Description Price 1 Second Synthetic Turf Field $380,000 2 Roadway Banner Poles with Flags $14,000 3 Existing Parking Lot Overlay and Restripe $36,000 4 Integral Concrete Color for Plaza $62,000 5 Bleacher Shade Structures $93,000 Staff has determined this to be a reasonable and reliable bid and is recommending approval of a Construction Services Agreement with Astra Group, Inc. in the amount of $9,481,700 which is made up of the revised base bid of $9,388,700 plus bid alternate #5 for $93,000. Funding and Fiscal Impact: Funding for this project is available through the issuance of a bond in the amount of $10,000,000 to cover the capital investments cost to upgrade the park. Alternatives: There are no alternatives to this project for the use that is intended. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 6/27/2014 Concurrent Review: Chris Lagerbloom, City Manager 1 | P a g e 1 4 -P W 5 CONSTRUCTION SERVICES AGREEMENT FOR BELL MEMORIAL PARK RENOVATIONS This Agreement (the “Agreement”) to provide park 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”), Astra Group, Inc., a Georgia corporation with its principal place of business located at 300 Churchill Ct, Woodstock, Georgia 30188 (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City issued an Invitation to Bid for the Bell Memorial Park Renovations; and WHEREAS, based upon Contractor’s bid to construct the improvements as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s bid in the response to the Invitation to Bid for the Bell Memorial Park Renovations, the City has selected Contractor as the successful bidder; 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 laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements 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, attached hereto (except as expressly noted otherwise below) 2 | P a g e 1 4 -P W 5 are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit “A” (including the Project Specifications); C. Bid Documents from Contractor dated May 8, 2014 attached hereto as Exhibit “B”; D. Value Engineering Alternatives attached hereto as Exhibit “B.1”; E. Performance Bond and Payment Bond, attached hereto collectively as Exhibit “C”; F. Non-collusion Affidavit of Prime Bidder, attached hereto as Exhibit “D”; G. Contractor Affidavit and Agreement, attached hereto as Exhibit “E”; H. Subcontractor Affidavit, attached hereto as Exhibit “F”; I. Plans and specifications, attached hereto collectively as Exhibit “G”, J. Final Affidavit, attached hereto as Exhibit “H”, K. 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 L. City of Milton Code of Ethics. Section 2. Project Description The scope of this project generally consists of the demolition of the existing facilities at Bell Memorial Park and the construction of 6 irrigated and lighted playing fields, a concession building, a maintenance building, accessory structures, a playground and all associated infrastructure. Section 3. The Work A. The Work is specified and indicated in the conformed Contract Documents (the “Work”) that reflect changes agreed upon between the City and the Contractor regarding the proposals contained in the Contractor’s Bid Documents. This Work 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, including, but not limited to, this Agreement, Contractor’s Bid Documents (including all documentation 3 | P a g e 1 4 -P W 5 accompanying the bid and any post-bid documentation required by the city prior to the Notice of Award), bonds, all special conditions, general conditions, supplementary conditions, specifications, drawings and addenda, together with written amendments, change orders, field orders and the City’s (or City’s designated representative) written interpretations and clarifications issued in accordance with contract documents on or after the date of the contract agreement. By way of clarification, the Work may include: - The Unit Price items listed below, the total combined cost of which shall not exceed $253,200.00. Item # Item Unit Estimated Quantity Unit Price Total 1 Unsuitable Soil (replace with on- site fill) cy 2,000 $7.10 $14,200 2 Unsuitable Soil (replace with off- site fill) cy 2,000 $13.65 $27,300 3 Unsuitable Soil (replace with #57 stone) cy 2,000 $42.00 $84,000 4 Unsuitable Soil (replace with surge stone) cy 1,500 $42.00 $63,000 5 Mass Rock Excavation cy 1,000 $21.00 $21,000 6 Trench Rock Excavation cy 500 $61.00 $30,500 7 Type C Silt Fence lf 2,000 $3.80 $7,600 8 Sod sf 7,000 $0.80 $5,600 - Allowance No. 1 on page 21 of Exhibit “B,” with an estimated cost of $132,644.00. - Allowance No. 2 on page 21 of Exhibit “B,” in the amount of no more than $50,000.00 for any unforeseen conditions related to the Work. - Alternate No. 5 on page 22 of Exhibit “B” at a fixed cost of $93,000.00. The Work will not include: - Alternate Nos. 1-4 on pages 21-22 of Exhibit “B.” - Value Engineering savings as set forth in Exhibit “B.1.” In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. 4 | P a g e 1 4 -P W 5 The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City’s issuance of the Notice to Proceed. Section 4. Contract Time A. Contract Duration Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within 365 calendar days from the date of the City’s issuance of a written Notice to Proceed. B. Liquidated Damages The City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss if the Contractor fails to complete the Project within the time set forth in this Section or as that time may be extended by change order. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Contractor fails to meet such deadline. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City Lump Sum Liquidated Damages in the amount of $15,000.00 if the project is not substantially completed and operational by August 1, 2015 and an additional $25,000 on January 1, 2016 if the project is not substantially completed and operational. Section 5. Contractor’s Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $9,481,700.00, except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. 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 unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. 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 5 | P a g e 1 4 -P W 5 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. § 44-14-366. Contractor shall provide to the City a discount of 0.25% on every invoice regarding which the City remits payment to Contractor within seven (7) business days of the City’s receipt of such invoice. C. The City and Contractor shall comply with the provisions of O.C.G.A. § 13-10- 80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until final completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At final completion of the Work and as the Contract Administrator determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items or permitted incomplete Work, as determined by the City in its sole discretion, an amount equal to 200 percent of the value of each such minor item or permitted incomplete Work, as determined by the City’s contract administrator in its sole discretion, shall be withheld until such item, items or work are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the City; provided, however, that the value of each subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to 6 | P a g e 1 4 -P W 5 complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor’s receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor’s retainage in the same manner as the subcontractor’s retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Final payment of any retained amounts to the Contractor shall be made after certification by the City’s contract administrator that the Work has been satisfactorily completed and is accepted in accordance with the Contract Documents. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City’s contract administrator (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers, and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of 7 | P a g e 1 4 -P W 5 final application for payment. 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. 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, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. 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. “Change order” means a written modification of the Contract Documents, signed by the City and the Contractor. B. 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 and executed by the Contractor and City. Such change orders or construction change directives 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. C. Any Work added to the scope of this Agreement by a change order or construction change directive 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 or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives 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 or construction change directives materially altering the terms of 8 | P a g e 1 4 -P W 5 this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000.00, must be approved by the City of Milton Mayor and 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 or any other similar law or regulation. 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 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. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Project in accordance with the City’s requirements and procedures. Contractor represents that it has familiarized itself with the n ature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees to bear the full cost of correcting the Contractor’s negligent or improper Work, the negligent or improper work of its contractors and subcontractors, and any harm caused by such negligent Work. 9 | P a g e 1 4 -P W 5 The Contractor’s duties shall not be diminished by any approval by the City of Work completed or produced; nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the Work, the Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor’s opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. 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 will give written notice immediately to the City. E. 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 performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work 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, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under 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 on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work 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. 10 | P a g e 1 4 -P W 5 G. Contractor’s Representative ____________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. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. I. Responsibility of 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 and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, 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 collectively “Liabilities”), which may be the result of willful, 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 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. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City 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 City 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 workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. 11 | P a g e 1 4 -P W 5 J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor an d 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 Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; 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 will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, 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 allow any employee of the Contractor 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 Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City 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 as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of 12 | P a g e 1 4 -P W 5 property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) 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 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (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 and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in 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 or City Parties. (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. (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 13 | P a g e 1 4 -P W 5 the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties 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: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (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 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 within ten (10) days of the Notice of Award. 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 insureds 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 insureds. (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 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 14 | P a g e 1 4 -P W 5 Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit “C” and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. Employment of Unauthorized Aliens Prohibited (1) 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 performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless 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 within the previous twelve (12) month period 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. 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. 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”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “F” to the City within five (5) business days of receipt from any subcontractor. 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 15 | P a g e 1 4 -P W 5 process for a period of three (3) years following completion of the Agreement. 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 Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 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. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit, attached hereto as Exhibit “E” and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. __________ 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, 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. N. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in 16 | P a g e 1 4 -P W 5 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 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. O. 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 or any other similar law or regulation. P. 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. 17 | P a g e 1 4 -P W 5 Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. Q. 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 perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of 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. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. [RESERVED] T. 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 18 | P a g e 1 4 -P W 5 Agreement, if applicable. U. 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. V. Meetings 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 Agreement, 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 Agreement. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City’s Representative Bob Buscemi shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. 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 19 | P a g e 1 4 -P W 5 of Final 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. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a 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. iii. 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, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PM on the day following Contractor’s receipt of City’s notice of termination. The City shall have no further liability to Contractor for such termination. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall the City’s total payment for the Work exceed the maximum Contract Price agreed to herein. B. Termination for Cause. i. 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. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement, the Contractor or its Surety will pay the difference to the City to finish the Project. 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 Section 10(A) above. 20 | P a g e 1 4 -P W 5 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. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party 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 performance 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. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, 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 is based upon the specific items identified in these contract documents may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. 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. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision 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. D. Counterparts. This Agreement may be executed in any number of counterparts, 21 | P a g e 1 4 -P W 5 each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. 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. F. Notice. All notices, requests, demands and other communications hereunder 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, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA 30004 Attn: City Manager NOTICE TO CONTRACTOR shall be sent to: Astra Group, Inc. 300 Churchill Ct, Woodstock, Georgia 30188 Attn: Andrew Lindsay G. 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. H. 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 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) 22 | P a g e 1 4 -P W 5 any act of God; (iii) any change in applicable governmental rules or regulation s 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. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of 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. J. 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 Contract, 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 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. 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 City at variance with the terms and conditions 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 the Contractor with the terms and conditions of this Agreement. L. 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 Parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] 23 | P a g e 1 4 -P W 5 Astra Group, Inc. ___________________________________ 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” REQUEST FOR BID CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: 14-PW5 Project Name: Bell Memorial Park Renovations Due Date and Time: May 1, 2014 Local Time: 2:00pm Number of Pages: 53 ISSUING DEPARTMENT INFORMATION Issue Date: March 26, 2014 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Mark Face of Envelope/Package: Bid Number: 14-PW5 Special Instructions: Deadline for Written Questions April 18, 2014, 5 pm Email questions to Rick Pearce at rick.pearce@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE Table of Contents Topic Page Invitation to Bid 3 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 8 Liquidated Damages 10 Bid Form and Addenda Acknowledgement 12 Bid Bond 14 Qualifications Signature and Certification 17 Corporate Certificate 17 List of Subcontractors 18 Contractor Affidavit and Agreement (eVerify) 19 Bid Submittal Form 20 Disclosure Form 23 EPD Air Quality Rules 24 Schedule of Events 26 Sample Contract Agreement 27 CITY OF MILTON Invitation to Bid: 14-PW5 The City of Milton is accepting sealed bids from qualified firms for the Bell Memorial Park Renovations in conformance with Title 36, Chapter 91, Article 2 of the Official Code of Georgia Annotated. All work will be done in accordance with the drawings and specifications issued herein. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. In order to be considered a qualified firm, bidders must be able to demonstrate successful completion of at least three park projects of similar scope within the last 5 years. Project details and contact information shall be submitted as part of the bid package. At a minimum provide project name, location, project description, cost of construction, date of construction, contact name and phone number or email address. The project is located at Bell Memorial Park 15245 Bell Park Road, Milton, GA 30004. It consists of demolition of the existing facilities and construction of 6 irrigated and lighted playing fields, a concession building, a maintenance building, accessory structures, a playground and all associated infrastructure. A pre-bid meeting is scheduled for 10:00 a.m. on April 14, 2014 at the project site. The pre-bid meeting is not mandatory; however, all contractors are urged to attend. The Instructions to Bidders, Bid Information and Forms, Project Manual, Specifications, Drawings, Bid Bond, Performance and Labor & Material Payment Bond requirements and other Documents related to the bidding and construction of the Work of this Project may be examined at no cost by contacting the Project Engineer for PDF plan download via FileShare: Foresite Group, Inc. 5185 Peachtree Parkway, Suite 240 Norcross, GA 30092 770.368.1399 Megan Keel, Administrative Assistant mkeel@fg-inc.net If there are any questions or issues regarding access to the PDF plans, please contact: Erica Madsen, PE Senior Project Manager emadsen@fg-inc.net Sealed bids will be received no later than 2:00 PM Local Time on May 1, 2014. Sealed bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number 14-PW5 and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Rick Pearce at rick.pearce@cityofmiltonga.us. Deadline for questions is April 18, 2014 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about April 23, 2014. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. The failure of bidders to receive or acknowledge any Addendum shall not relieve them of any obligation under the bid. All Addenda shall become part of the contract documents. Please refer to Bid 14-PW5 Bell Memorial Park Renovations when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. Any unauthorized conditions, limitations or provisions attached to the bid, except as may be provided herein, will render it informal and may cause its rejection. Unbalanced bids may be subject to rejection. A bidder may modify or withdraw its bid by written request, provided that the request is received by the City prior to the bid due date and time at the address to which bids are to be submitted. Following withdrawal of its bid, the bidder may submit a new bid provided that the new bid is submitted prior to the established bid due date and time. No bid may be withdrawn for a period of sixty (60) days after the date of the bid opening except as permitted by O.C.G.A. 36-91-41 et seq., as amended. The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is three hundred sixty five (365) calendar days from the date of the “Notice to Proceed.” If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 9-10 3 Bid Bond (3 pages) 11-12-13 4 Qualification Signature and Certification 14 5 List of Subcontractors 15 6 Contractor Affidavit and Agreement (eVerify)- State Law 16 7 Bid Submittal Form 17 8 Disclosure Form 18 9 Qualification sheet listing a minimum of 3 projects of similar scope and references Use your own form INFORMATION AND INSTRUCTIONS B. The purpose of this solicitation is to enter into a lump sum “purchasing contract” with one firm to be the primary contractor for the Bell Memorial Park Renovations, 14-PW5 in accordance with the contract documents. The contract documents include the Contract Agreement, Contractor’s Bid (including all documentation accompanying the bid and any post- bid documentation required by the city prior to the Notice of Award), bonds, all special conditions, general conditions, supplementary conditions, specifications, drawings and addenda, together with written amendments, change orders, field orders and the city’s (or city’s designated representative) written interpretations and clarifications issued in accordance with contract documents on or after the date of the contract agreement. C. Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request of the City for an interpretation or correction of any ambiguity, inconsistency or error therein which could be discovered by a bidder. The City will not be responsible for Bidders’ errors or misjudgment, nor for any information on local conditions or general laws and regulations. D. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. E. The City reserves the right to cancel the contract in accordance with these specifications and the contract documents. F. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. G. All items to be bid FOB, Milton, Georgia, and must include all costs chargeable to the contractor executing the Agreement, including taxes. Unless otherwise provided in the contract, the City shall have no liability for any costs not included in the bid price. The Contractor shall provide the City any benefit received for a price reduction by reason of any tax exemption based on the City’s tax-exempt status. H. A bidder may submit only one (1) bid response for each bid solicitation unless otherwise authorized by the contract documents. I. All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. J. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturers number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. K. The City reserves the right to request representative samples. If requested, samples must be delivered within three (3) business days, unless otherwise approved by the City. Samples are submitted at the risk of the bidder and may be subject to destructive tests by the City. Samples must be plainly tagged with the bid number. L. All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the contract documents may not detail them or mention them. Where these construction documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. M. All successful bidders must assume full responsibility for all item(s) damaged prior to F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. N. All successful bidders must assume full responsibility for providing or ensuring warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If a successful bidder is not the manufacturer, all manufacturers warranties must be passed through to the City. The bidder, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. O. The bidder is solely responsible for the fitting, assembly and installation of any time by the manufacturers authorized or approved servicer or experienced worker utilizing workmanship of the highest caliber. The bidder must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in these contract documents. P. The bidder is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). Q. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. R. Failure to execute the Contract Performance or Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re-advertised, or may be constructed by City forces. PERMITS AND LICENSES Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of 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. Contractor shall file the Notice of Intent and serve as the primary permittee for the NPDES permit. Contractor shall be responsible for all record keeping, monitoring and corrective actions necessary to maintain compliance with that permit. Contractor is responsible for all fees associated with the NPDES permit. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (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 as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) 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 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (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 and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in 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 or City Parties. (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. (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 and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties 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: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (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 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 within ten (10) days of the Notice of Award. 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 insureds 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 insureds. (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 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, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. LIQUIDATED DAMAGES The City will suffer a financial loss if the work is not completed within the time specified in the Contract Documents. Accordingly, to offset the expenses incurred by the City, the Contractor shall pay liquidated damages (not as a penalty) to the City in an amount of Fifteen Thousand ($15,000) Dollars after August 1, 2015 if the Contractor has failed to achieve Final Completion as provided in the Contract Documents. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 14-PW5 Bell Memorial Park Renovations The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed by these contract documents, the project engineer or the City, a ll work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). Except as otherwise directed by these contract documents all materials used in completion of this project will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within three hundred sixty five (365) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. The City of Milton will charge the Contractor fifteen thousand dollars ($15,000) if the project is not completed in accordance with these specifications by August 1, 2015. Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ____________________________ Print Name: ______________________________________ Title: ____________________________ [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City” (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: Bell Memorial Park Renovations: BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: _______________________________________________________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. 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 this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT “F” 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 ___________________________ Name of Contractor Bell Memorial Park Renovations 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: _________________________________ [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form Bell Memorial Park Renovations The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder is solely responsible for the accuracy of any information placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; however, the bidder may withdraw a bid, in writing, prior to the established bid due date and time without penalty. The bidder 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 ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Base Bid Price (Lump Sum) $___________________________ Print Dollar Amount________________________________________ Base Bid includes all work described in the project description and unit price items 1 through 8 and Allowances described below. Alternates below will be added to or deducted from the Base Bid. UNIT PRICE SCHEDULE Should rock or other unforeseen conditions be encountered, and for other indicated construction items, the Base Bid shall include a unit price quantity and total for performing the work below. These unit price totals for items 1-8 are in addition to items indicated on the project drawings and in the project specifications. The stated unit prices include only those items listed in Section 012200, Unit Prices. Should the amount included in the Base Bid for any of these items not be encountered, a change order will be initiated to refund to the Owner the difference at the bid unit price. No. Item Unit Est. Quantity Unit Price Total 1 Unsuitable Soil (replace with on-site fill) CY 2000 2 Unsuitable Soil (replace with off-site fill) CY 2000 3 Unsuitable Soil (replace with #57 stone) CY 2000 4 Unsuitable Soil (replace with surge stone) CY 1500 5 Mass Rock Excavation CY 1000 6 Trench Rock Excavation CY 500 7 Type C Silt Fence LF 2000 8 Sod SF 7000 Removal of rock or providing items 1 - 4 and 7 - 8 in excess of the amount defined by the plans and technical specifications will be paid at the unit price, upon verification by the Owner’s geotechnical firm and/or site representatives. Any rock excavated may be used in fill placement only if approved by the geotechnical engineer. Any surplus materials will be disposed of offsite by the contractor. All rock will be measured via survey cross section prior to removal and after removal to determine the quantity. Unit price will include surveying for the quantity determination. ALLOWANCE NO. 1: The Bidder shall also include in the total bid proposal the sum of One Hundred and Thirty Two Thousand, Six Hundred Forty Four and 00/100 Dollars ($132,644.00) to be paid by the Contractor to Sawnee EMC for primary electrical service to the site for the parking lot lighting system. This allowance will cover providing and setting the transformer, underground electrical service and parking light poles for the project. See section 012100 for a complete description of allowance. ALLOWANCE NO. 2: Contingency: An allowance of $50,000.00 shall be included in the bid as identified on the Bid Form. This allowance is to cover unforeseen conditions encountered during the construction process. Any costs against the allowance shall be approved by the Owner prior to proceeding with the work. The Contractor for this Project shall maintain strict written documented accounts of all funds expended against stated Contingency Allowance. ALTERNATES ALTERNATE NO.1: Second Synthetic Turf Field Add $_____________________________ Dollars ($ ) to Base Bid. ALTERNATE NO.2: Roadway Banner Poles with Flags Add $_____________________________ Dollars ($ ) to Base Bid. ALTERNATE NO.3: Existing Parking Lot Overlay and Restripe Add $_____________________________ Dollars ($ ) to Base Bid. ALTERNATE NO.4: Integral Concrete Color for Plaza Add $_____________________________ Dollars ($ ) to Base Bid. ALTERNATE NO.5: Bleacher Shade Structures Add $_____________________________ Dollars ($ ) to Base Bid. The undersigned proposes that should any of the above Alternate(s) be accepted and incorporated in to the Contract, the Base Bid will be altered as indicated. See section 012300 for complete descriptions of Alternate(s). COMPANY___________________________________________________________________ ADDRESS____________________________________________________________________ AUTHORIZED SIGNATURE____________________________________________________ PRINT / TYPE NAME __________________________________________________________ TITLE _____________________________________________________ [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM 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 __________________________________________________ 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 9 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 . For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 – FAX LOCATION MAP SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Date: Release of ITB March 26, 2014 Pre-bid Meeting April 14, 2014 @ 10:00 AM Pre-Bid Meeting to be held at Bell Memorial Park 15245 Bell Park Road Milton, Ga 30004 Deadline for Written Questions April 18, 2014 @ 5:00 PM *Submit via E-Mail to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) April 23, 2014 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due May 1, 2014 @ 2:00PM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite-107G Milton, Ga. 30004 Tentative Contract Award (On/about) May 20, 2014 Notice to Proceed Issued (On/about) May 20, 2014 Reference Only Subject to change SAMPLE CONSTRUCTION AGREEMENT This Construction Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 20____, by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the “City”), and XXXXXX, a _________________ with its principal place of business located at XXXXXXX (hereinafter referred to as the “Contractor”) (collectively referred to herein as the “Parties”). W I T N E S S E T H: WHEREAS, the City issued a Invitation to Bid, dated XXXXXXXXXXXX, for services generally described as XXXXXXX; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s bid in response to the Invitation to Bid for XXXXXXXXXXXXX, the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Wo rk 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 laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements 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, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit “A” (including the Project Specifications); C. Bid Documents from Contractor dated ________________ attached hereto as Exhibit “B”; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”; F. Final Affidavit, attached hereto as Exhibit “E”; G. Alien Employment affidavits attached hereto as Exhibits “F” and “G”; H. SAVE affidavit attached hereto as Exhibit “H”; J. Key Personnel, attached hereto as Exhibit “J”; K. 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. Section 2. Project Description The Project is defined generally as follows: Section 3. The Work The Work is specified and indicated in the Contract Documents (the “Work”). 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 (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City’s issuance of the Notice to Proceed. Section 4. Contract Time C. Contract Duration Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complet e the Project within 365 calendar days from the date of the City’s issuance of a written Notice To Proceed. D. Liquidated Damages The City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss if the Contractor fails to complete the Project within the time set forth in this Section or as that time may be extended by change order. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Contractor fails to meet such deadline. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City Lump Sum Liquidated Damages in the amount of $15,000.00 if the project is not completed and operational by August 1, 2015 . Section 5. Contractor’s Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed ____________, except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. 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 a greed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contracto r may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. 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. § 44-14-366. For reasonable cause 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 (10%) 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 comp letion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. 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. 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, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. The City may withhold payment or final payment f or 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. “Change order” means a written modification of the Contract Documents, signed by the City and the Contractor. B. 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 and executed by the Contractor and City. Such change orders or construction change directives 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. C. Any Work added to the scope of this Agreement by a change order or construction change directive 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 or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives 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 or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000.00, must be approved by the City of Milton Mayor and Council. Section 7. Covenants of Contractor. C. 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 or any other similar law or regulation. D. 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 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. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Pro ject in accordance with the City’s requirements and procedures. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations th at in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees to bear the full cost of correcting the Contractor’s negligent or improper Work, the negligent or improper work of its contractors and subcontractors, and any harm caused by such negligent Work. The Contractor’s duties shall not be diminished by any approval by the City of Work completed or produced; nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the Work, the Contracto r discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor’s opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly in form the City of such inaccuracies, impropriety, issues or concerns. 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 will give written notice immediately to the City. E. 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 performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work 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, speci fications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under 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 on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work 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 ____________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. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. I. Responsibility of 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 and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, 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 liabi lity of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter collectively “Liabilities”), which may be the result of willful, 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 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. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City 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 City or City Parties, by any employee of the Contractor, any subcontractor, anyone direc tly 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 workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work 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 Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; 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 will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, 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 allow any employee of the Contractor to do so, unless specifically autho rized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City 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 as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) 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 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (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 and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in 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 or City Parties. (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. (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 and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties 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: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (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 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 within ten (10) days of the Notice of Award. 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 insureds 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 insureds. (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 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, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit “C” and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. Employment of Unauthorized Aliens Prohibited (1) 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 performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within t he State of Georgia unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “F” and “G” (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 within the previous twelve (12) month period 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. The Contractor hereby verifies that it has, prio r to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “F”, and submitted such affidavit to City. 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 h ereto as Exhibit “G”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “G” to the City within five (5) business days of receipt from any subcontractor. 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 Agreement. The City Manager or his/her designee shall further be authorized to co nduct 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 Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 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. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit, attached hereto as Exhibit “F” and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. __________ 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, 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 federa l law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor’s legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit “H”, and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor’s legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compl iance Act (O.C.G.A. § 50-36-1). N. 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 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. O. 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 or any other similar law or regulation. P. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that i t 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. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit a ffirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50 -18-72(a)(34) related thereto. Q. 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 perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of 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. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly docume nt those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Key Personnel All of the individuals identified in Exhibit “J” are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team, as listed in Exhibit “J”, with out written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. 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. T. 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 simulta neously execute and bind Contractor to the terms of this Agreement, if applicable. U. 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. V. Meetings 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 Agreement, at no additional cost to the City. Meetings will occu r 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 Agreement. Section 8. Covenants of the City B. Right of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City’s Representative XXXXXX shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for Convenience: iv. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. v. In the event of a 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. vi. 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, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Wor k that is performed by 6:00 PM on the day following Contractor’s receipt of City’s notice of termination. The City shall have no further liability to Contractor for such termination. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall the City’s total payment for the Work exceed the maximum Contract Price agreed to herein. B. Termination for Cause. iii. 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 sha ll take place without further notice. iv. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement,, the Contractor or its Surety will pay the difference to the City to finish the Project. 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 Section 10(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 eq uity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the ev ent 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 performance 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 ag ainst any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, 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. B. 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. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision 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. D. 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 shall constitute o ne and the same instrument. E. 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. F. Notice. All notices, requests, demands and other communications hereunder 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, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: ________________________________________ G. 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. H. 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 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. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of 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. J. 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 Contract, 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 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. 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 City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand ex act and strict compliance by the Contractor with the terms and conditions of this Agreement. L. 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 Parties have caused this Agreement to be executed under seal as of the date first above written. CONTRACTOR: ______________________________ By: ____________________________________ (signature) ____________________________________ (print) Attest: ____________________________________ XXXXXXXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ____________________________ [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Approved as to form: _______________________________ City Attorney CITY OF MILTON ____________________________________ [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ EXHIBIT “A” [Insert Invitation to Bid] EXHIBIT “B” [Insert Bid Documents] EXHIBIT “C” PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT _____________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and ____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as __________________________ (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform ea ch and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendmen ts, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such mo difications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in-fact, this day of , 20 . CONTRACTOR (“Principal”) ________________________________________ By:_____________________________________(signature) _____________________________________ (print) Title: __________________________________ Attest:_____________________(signature) [AFFIX CORPORATE SEAL] _____________________ (print) Title: _____________________ Date:______________________ [SIGNATURES CONTINUE ON FOLLOWING PAGE] CONTRACTOR’S SURETY: ___________________________________ By:_____ __________________________ (signature) ______________________________ (print) Title: _____________________________ (SEAL) Attest: _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT ________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as ____________________________, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20 . CONTRACTOR: ___________________________________ By:_________________________________ (signature) _________________________________ (printed) Title: ______________________________ (SEAL) Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ CONTRACTOR SURETY: ___________________________________ By:_________________________________ (signature) _________________________________ (printed) Title: _______________________________ (SEAL) Attest: _____________________ (signature) _____________________ (printed) Title: _________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) EXHIBIT “D” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA City of Milton ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of XXXXXXXXXX (the “Proposer”) that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other Proposer, o r to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainte d by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). ____________________________ Signature of Authorized Officer or Agent ____________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF _____________, 20___ ___________________________ Notary Public ________________________ (SEAL) My Commission Expires _______________ Date EXHIBIT “E” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXX. or any of its subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of XXXXXXXXX. that he has read t he above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ EXHIBIT “F” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND 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 ph ysical performance of services on behalf of the City 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), a form of which is attached hereto as Exhibit “G”. Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. ________________________________________ Federal Work Authorization User Identification Number ________________________________________ Date of Authorization _________________________________________ Name of Contractor _________________________________________ Name of Project _________________________________________ 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 “G” STATE OF GEORGIA CITY OF MILTON 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 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 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 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: ________________________________________ Federal Work Authorization User Identification Number ________________________________________ Date of Authorization _________________________________________ Name of Subcontractor _________________________________________ Name of Project _________________________________________ 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] EXHIBIT “I” [RESERVED] EXHIBIT “J” KEY PERSONNEL [Insert Key Personnel] END SAMPLE CONTRACT ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 14-PW5 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #2 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Item #1 Plans Sheets AC401 and SC102 have been revised per attached. Item #2 On 1/AC302 add the following note to the wall section: “8" CMU W/ FOAM FILL INSULATION AND REINFORCING AS SPECIFIED. USE LIGHT WEIGHT DENSITY CMU TO ACHIEVE AN R-8.1 MIN. WALL ASSEMBLY (PER IECC TABLE 502.1.2, MASS WALL, ZONE 3, U-0.123).” Item #3 See revised sheet AC401 (attached) for added window details and revision of the Window/Louver Schedule. Item #4 On 1/AC101 add the following note to the floor plan: “EXPOSED EXTERNAL CORNERS OF INTERIOR CMU TO BE BULLNOSE TYPE” Item #5 On 1/PM101 add a NFHB next to P-5B along with the note “ 3/4” CW DN. PROVIDE SHUT- OFF VALVE IN VERTICAL @ 54” A.F.F.” Item #6 On 1/AM101 add the following note in Break Room pointing to the refrigerator: “STANDARD REF. W/ BUILT-IN ICEMAKER” Item #7 On AM101 for the Interior Wall Legend change wall GB to have ¾” F.R.T. PLYWOOD instead of 5/8”. On 5/AM301 change the ¾” plywood to be F.R.T. (fire retardant treated). Item #8 Replace spec section 04 0532-2.1-B with the following: B. Masonry joint reinforcement: 1. Material: Cold-drawn wire in accord with ASTM A1064-13 (replaces A82-07). 2. Types: a. At single wythe masonry: Truss type. b. At double wythe unreinforced masonry: Truss type with adjustable box ties, with box ties and cross wires spaced at 1'-4" o. c. c. At double wythe reinforced masonry (including stone masonry): Ladder type with adjustable box ties, with box ties and cross wires spaced at 1'-4" o. c. 3. Longitudinal rods: Nine ga. deformed rods. 4. Cross rods: Nine ga. rods, welded to longitudinal rods. 5. Width of reinforcement shall be 2" less than total wall width. 6. Provide reinforcement in minimum 10'-0" lengths with prefabricated corners and tees at intersecting walls of same design, and finish as joint reinforcement. Item #9 On 1/EM101 add 2 quad receptacles above each of the two work benches (located along column line MA). Item #10 On G001 revise the General Note #5 to remove reference to city fees. Item #11 On G001 remove the following from the Code Notes: “Signs are not approved within the scope of this building permit. A separate sign location permit is required for each sign.” Item #12 Control joints in maintenance building slab shall be centered between column lines and shall follow requirements set forth in note 9 on drawing SM100 Item #13 See revised sheet SC102 (attached) for addition of additional attic access panel in Concession Building. Item #14 Contractor shall taper the curb near the westernmost man door at the maintenance building so that the sidewalk has a flush transition to the asphalt maintenance yard. Item #15 Delete the overhead netting over the playground as it will no longer be included in this project. Delete “Overhead Netting Notes” on sheet C-1.2. Item #16 Planholders on record may have received notice that new documents were uploaded to the FileShare site on 3/29. These are simply duplicates of the original bid documents. Documents must be refreshed due to a 30-day expiration. Questions and Answers 1. Are there football goal posts and soccer goals on main field bid as well as alternate? Details show them but don’t see them on main field bid. Answer: Football goal posts and soccer goals shall be included for both rectangular fields. The quantity of these items in the site furnishing schedule on sheet C-6.2 shall be revised accordingly. 2. What are the markings for both fields? Football, Soccer etc? Answer: Field markings shall include Football, Soccer and Lacrosse for the two rectangular fields 3. Is there a Storm Tech system that goes in the fields? I see the detail pages for these but don’t see them referenced on the field drawings anywhere? Answer: The underground detention system is proposed under the parking lot only. 4. The specifications 32-3113-2.3-4 are calling for 2-3/8” diameter top rail. The hardware for 2-3/8” rail installation is not available. ASTM F 1043 Group IC-L has rails and bracing at 1-5/8” diameter. Please clarify. Answer: Note: This answer takes precedence over information in Addendum 1. Specification section 32 3113-2.3.A.2 shall be amended so that end, corner, and pull posts shall be as follows, dependent upon fence height: Height of Fence Fabric End Post (Round) Line Post (Round) Mid-Rail & Brace 4 ft. or less 2.5” O.D. 2” O.D. 1-5/8” O.D. 6 ft. to 8 ft. 3” O.D. 2.5” O.D. 1-5/8” O.D. 10 ft & over See plan detail 3/C-6.4 Detail 3/C-6.4 shall be amended to require 2.5” O.D. horizontal support members on the vertical section. Horizontal hood rails to remain at 1 5/8” O.D 5. The 4” posts throughout does not follow ASTM F 1043 Group IC-L. ASTM F 1043 Group IC-L has 4” posts as terminal posts only. Terminal posts can range from 2-1/2” to 4” while line posts range from 2”- 3” and are typically one size smaller than terminal posts. Please clarify if only backstops will have 4” posts throughout and if so, what are the desired terminal and line post diameter for the other fencing? Answer: See question #4. Only backstop fencing will have 4” posts throughout. 6. Will CAD files be released for dirt take offs? Answer: CAD files will be made available to the selected contractor after the award of the bid. 7. The specifications are calling for 4” Terminal and Line Post and 2-3/8” Top Rail which is not standard even for a ball field. The drawing then shows a 3” Gate Post. I wanted to check with you and just clarify that these are the required pipe sizes for this project. Answer: See question #4. Gate posts shall follow same requirements as the fabric end post based on fence height. 8. Are we to use the infield material to meet the ASTM Guidelines (F20107-01)? Answer: Infield mix materials should meet ASTM F2107-08 Standard Guide for Construction and Maintenance of Skinned Areas on Baseball and Softball Fields and have the following particle size distribution: 100% passing a 4.75mm (No. 4) sieve, 0-15% gravel (retained on a 2mm sieve), and a minimum of 60% sand with 19-40% passing a 53um (No. 270) sieve, which is the silt and clay fraction. The depth of the infield mix shall be 3”, and the contractor must provide a soil test and sample for approval prior to installation. 9. Are there any specs on the soccer goals, football field goals and access boxes? Answer: See site furnishing schedule on sheet C-6.2 and details on sheet C-6.7. Items shall be installed per manufacturer’s recommendations. 10. Not all sand and topsoil are equal are we to use the ASTM Guidelines (F2396=11) Construction of Sand-Based Rootzone for Sports Fields? To determine the appropriate sand and topsoil to achieve this blend suggested in addendum 1? Answer: Yes. The Sports Field Soil Mix topsoil and sand shall comply with ASTM F2396-11. 11. Is temporary fencing required around the entire construction site? Answer: The contractor is responsible for preventing public access to the construction site. Contractor may elect to install temporary enclosures around partially completed areas of construction or other methods. 12. Will the two steel shipping containers currently located on the old tennis courts be removed by the owner or will they remain onsite and can they be utilized by the contractor for storage etc.? Answer: The two storage containers will be removed by the City and will not be available for the selected contractor’s use. 13. Is the existing septic tank located beside the existing concession stand concrete or steel and what is the approximate size of the tank? Answer: It is assumed that the septic system includes two 2,000 gallon concrete septic tanks, a 1,000 gallon dosing tank and 1,200 LF of drain lines that must be removed. In addition to the existing operational septic system we believe the old septic tank(s) is/are still buried between the existing concession building and the batting cages. The size of the old tank(s) is unknown. 14. The plans call out for SCH40 electrical conduit for all irrigation wiring and in the Details, but on the actual plans, it only shows it going to the well pump. Answer: Conduit for all irrigation wiring shall be included. The SCH 40 conduit for the control valve wiring would be in addition to the other conduits shown on the plan. 15. Are there any subs for the "WISTERIA FRUTESCENS 'AMETHYST FALLS' Shrub"? Can it be subbed out for #1 Gal. ? Answer: If a particular specified plant variety is not available, the owner’s representative will coordinate with the selected GC to designate an acceptable alternative of similar cost. A #1 Gallon is acceptable for the “Wisteria Frutescens ‘Amethyst falls’ Shrub”. 16. What is the proposed budget for this project? Answer: TBD LIST OF ATTACHMENTS (included herein): Architectural Plans AC401 SC102 END OF ADDENDUM EXHIBIT “B” BID FROM CONTRACTOR EXHIBIT “B.1” Value Engineering Alternatives Value Engineering Alternatives Deduct Install perforated CMP Storm System $ (103,000) Install 6" GAB in lieu of Grasspave $ (160,000) Reduce landscape counts $ (40,000) Reduce Playground Equipment to $100,000 $ (70,000) Use colored concrete in lieu of exposed aggregate $ (9,500) Remove one gazebo shelter $ (20,000) Use asphalt instead of Pavers in the roundabout and drop off lane $ (24,000) Reduce typical asphalt section $ (26,000) Use tension wire on backstops and dugouts in lieu of bottom rail $ (7,800) Irrigation well and pump $ (76,000) Total Value of Alternatives $ (536,300) EXHIBIT “C” BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Astra Group, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and ________________________________________ _________________________________________(as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of nine million four hundred eighty one thousand seven hundred dollars and no cents ($9,481,700.00) lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as Bell Memorial Park Renovation (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 2014. Astra Group, Inc. By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:________________ Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:________________ (ATTACH SURETY’S POWER OF ATTORNEY) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Astra Group, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of nine million four hundred eighty one thousand seven hundred dollars and no cents ($9,481,700.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2014 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as Bell Memorial Park Renovation, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 2014. Astra Group, Inc. By: ___________ Title: (SEAL) Attest: _____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) EXHIBIT “D” NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF GEORGIA City of Milton ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of Astra Group, Inc. (the “Bidder”) that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). ____________________________ Signature of Authorized Officer or Agent ____________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF _____________, 20___ ___________________________ Notary Public ________________________ (SEAL) My Commission Expires _______________ Date EXHIBIT “E” 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 a pplicable 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 Astra Group, Inc. Name of Contractor Bell Memorial Park Renovation 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 “F” 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 Astra Group, Inc. 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 Bell Memorial Park Renovation 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 “G” PLANS AND SPECIFICATIONS EXHIBIT “H” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Astra Group, Inc. or any of its subcontractors in connection with the construction of the Bell Memorial Park Renovations for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of _____________________________________ that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ MAW HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180 Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014 Highway 9 North Vision Area. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER: PYAPPROVED CITY ATTORNEY APPROVAL REQUIRED: 'KYES CITY ATTORNEY REVIEW REQUIRED: X YES APPROVAL BY CITYATTORNEY PLACED ON AGENDA FOR.- REMARKS OR: REMARKS APPROVED 0'7 0'1 i`F © () NOT APPROVED () NO () NO O NOT APPROVED YOUED PHONE: 678.242.2500 J FAX: 678.242.2499Glreen r�i■ v i Certified * 1ou 7U0 � info@cityofmilfonga.us I www.6tyofmiltonga.us _ . C011nlrnunity of 13000 Deerfield Parkway, Suite 107 1 Mi€ton GA 30004 ` - CERTIFIED 6AONZF 9� 1 A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING A MORATORIUM FOR 180 DAYS TO BAR THE ACCEPTANCE OF ANY REZONING APPLICATIONS FOR PROPERTY LOCATED IN THE 2014 HIGHWAY 9 VISION AREA WHEREAS, Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate development within the City limits through zoning; and WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”) divides property within the city into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, on June 2, 2014 the City approved a State Route 9 North Vision Plan (“Vision Plan”) that reflects the City’s intent and 'vision' with respect to planning and zoning for development and use of property in the Hwy 9 area as defined in the Vision Plan (“Covered Property”); and WHEREAS, the City is of the opinion and belief that at the present time the Milton zoning code is not equipped with the tools necessary to ensure the Council's 'vision' for the areas within the Vision Plan and Covered Property to be realized; and WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to the adoption of development standards and requirements for Covered Property; and WHEREAS, on June 9, 2014 the Milton City Council adopted an emergency moratorium barring for 30 days the acceptance of any rezoning applications for Covered Property until such time as a longer moratorium could be considered by the City Council after a public hearing meeting the standards of Georgia’s Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq. (“ZPL”); and WHEREAS, on July 7, 2014, after publication of legal notice in compliance with Georgia’s ZPL, the City conducted a public hearing on a moratorium barring for 180 the acceptance of any rezoning applications for Covered Property while the City considers the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for Covered Property; and WHEREAS, the City finds a moratorium barring for 180 days the acceptance of any rezoning applications for Covered Property to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby enact a moratorium to bar the acceptance of any rezoning applications for the Covered Property pursuant to the City’s zoning ordinance. 2 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) 180 days from the date of adoption of this Resolution; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for the Covered Property. 3. The moratorium imposed herein does not limit the ability of property owners to develop their land as currently zoned or permitted. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 7th day of July, 2014. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 1, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the Historic Preservation Commission for the City of Milton by Appointing a Member for District 11Post 2. MEETING DATE: Monday, July 7, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: b 7 D rl /4 REMARKS O NOT APPROVED V-NO NOTAPPROVED a 4 PHONE: 67$.242.2500 FAX: 678.242.2499 9 Green*� fim ; infoftityofmiitonga.us 1 www.cityofmiltonga.us Community i� 13000 Deerfield Parkwoy, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF MILTON BY APPOINTING A MEMBER FOR DISTRICT1/POST 2. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the 7th day of July 2014 at 6:00 pm. as follows: SECTION 1. That (_________ __________) (District 1/Post 2) is hereby appointed for a term commencing __________, 2014 and ending December 31, 2015; and SECTION 2. That this Resolution shall become effective upon its adoption; RESOLVED this 7th day of July, 2014. Approved: __________________________ Attest: Joe Lockwood, Mayor ____________________________________ Sudie AM Gordon, City Clerk (Seal)