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Agenda CC - 07/21/2014 - 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 107D Monday, July 21, 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. 14-204) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the July 1, 2014 Special Called City Council Meeting Minutes. (Agenda Item No. 14-205) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 21, 2014 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the Financial Statements for the Period Ending June, 2014. (Agenda Item No. 14-206) (Stacey Inglis, Assistant City Manager) 3. Approval of a Professional Services Agreement between the City of Milton and Ross + associates for the Provision of an Impact Fee Study. (Agenda Item No. 14-207) (Kathleen Field, Community Development Director) 4. Approval of Title VI Assurances and Nondiscrimination Agreement. (Agenda Item No. 14-208) (Sara Leaders, Transportation Engineer) 5. Approval of an Easement Limited Agreement between the City of Milton and Bellsouth Telecommunications, LLC d/b/a AT&T Georgia. (Agenda Item No. 14-209) (Sara Leaders, Transportation Engineer) 6. Approval of Change Order #2 between the City of Milton and BM&K, P.C. to Provide SR 372 (Crabapple Road/Birmingham Highway) Intersection Improvement Right of Way Services. (Agenda Item No. 14-210) (Sara Leaders, Transportation Engineer) 7. Approval of an Acquisition Contract for Purchase of .3277 Acre Parcel by the City of Milton from JW Homes, LLC for $46,000, Located at the Intersection of Lecoma Trace and Branyan Trail in Milton, Georgia. (Agenda Item No. 14-211) (Ken Jarrard, City Attorney) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARINGS 1. Consideration of a Resolution of the City of Milton, Georgia Extending for 90 Days a Moratorium Barring the Acceptance of Applications for Rezonings to the CUP, NUP, TR, R-2 and R-2A Zoning Districts. (Agenda Item No. 14-212) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 21, 2014 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. SECOND PUBLIC HEARING 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) (First Public Hearing Held at July 7, 2014 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA 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) (First Presentation at July 7, 2014 Regular City Council Meeting) (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) (First Presentation at July 7, 2014 Regular City Council Meeting) (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) (First Presentation at June 7, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (Kathleen Field, Community Development Director) 4. Consideration of RZ14-06 – To Amend Article VI, Division 24 – NUP (Neighborhood Unit Plan) District. (Agenda Item No. 14-190) (First Presentation at June 7, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 21, 2014 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Consideration of RZ14-07 – To Amend Article VI, Division 13 – TR (Townhouse Residential) District. (Agenda Item No. 14-191) (First Presentation at June 7, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (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) (First Presentation at June 7, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (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) (First Presentation at June 2, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 11) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia Extending for 90 Days a Moratorium Barring the Acceptance of Applications for Rezonings to the CUP, NUP, TR, R-2 and R-2A Zoning Districts. (Agenda Item No. 14-212) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-213) The minutes were provided electronically HOME OF ` LT N I N. Li 0 FSTAB1lSHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending June, 2014. MEETING DATE: Monday, July 21, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: X APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES NO CITY ATTORNEY REVIEW REQUIRED. O YES NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: o-72- i I L4 REMARKS © -* Youm PHONE: 678.242.2500 j FAX: 678.24222499 0Green *ce«,{,ed Iop IVU info@cityofmilfonga.us � www.cifyofmiltonga.us ��^� Community k E;n; S # 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ""`- �''a`` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on July 15, 2014 for the July 21, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 9 – June 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 10.56% over what is anticipated for the ninth period of the fiscal year. The 10.56% variance can be attributed to the higher than anticipated collection of motor vehicle tax and local option sales tax for this period. Total expenditures to-date are $14,614,688 and are 5.94% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,744,324, capital expenditures-to-date total $3,232,333.01. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending June 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,344,000 (20,109) - (20,109) 255,129 280,584 (25,455) Motor Vehicle Tax 700,000 92,110 58,333 33,777 692,147 466,667 225,480 Intangible Tax 250,000 14,224 20,833 (6,610) 113,702 166,667 (52,965) Real Estate Transfer Tax 75,000 4,884 6,250 (1,366) 45,697 50,000 (4,303) Franchise Fees 1,800,000 68,937 68,937 - 1,073,416 1,020,000 53,416 Local Option Sales Tax 7,000,000 673,936 583,333 90,603 4,962,822 4,666,667 296,155 Alcohol Beverage Excise Tax 285,000 29,675 23,750 5,925 190,920 190,000 920 Business & Occupation Tax 605,000 13,891 - 13,891 663,645 605,000 58,645 Insurance Premium Tax 1,600,000 - - - - - - Financial Institution Tax 33,000 - - - 35,172 33,000 2,172 Penalties & Interest 30,000 3,138 83 3,055 38,141 26,870 11,271 Alcohol Beverage Licenses 135,000 - - - 138,600 135,000 3,600 Other Non-Business Permits/Licenses 15,686 2,503 442 2,061 24,046 12,015 12,031 Zoning & Land Disturbance Permits 152,329 30,593 - 30,593 238,309 114,247 124,062 Building Permits 400,000 56,735 33,333 23,402 321,141 300,000 21,141 Intergovernmental Revenue 1,711 - - - 1,711 1,283 428 Other Charges for Service 439,661 51,742 7,038 44,704 455,393 329,746 125,647 Municipal Court Fines 481,600 55,788 40,000 15,788 411,373 361,200 50,173 Interest Earnings 14,500 1,690 208 1,482 16,027 10,875 5,152 Contributions & Donations 1,188 419 91 328 2,357 891 1,466 Other Revenue 29,540 2,159 2,462 (302) 45,297 24,932 20,365 Other Financing Sources 64,000 6,024 6,024 - 8,610 8,610 - Total Revenues 22,457,215 1,088,340 851,118 237,221 9,733,651 8,804,252 929,398 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 14,096 11,313 2,783 109,342 113,269 (3,928) City Clerk 188,574 11,174 9,450 1,724 127,287 145,253 (17,966) City Manager 556,713 50,525 34,659 15,867 386,400 406,749 (20,349) General Administration 37,794 1,559 3,309 (1,750) 28,857 32,978 (4,121) Finance 367,595 26,048 16,845 9,203 275,453 287,907 (12,454) Legal 230,000 23,628 19,167 4,461 151,929 153,333 (1,404) Information Technology 614,657 39,396 29,862 9,534 389,654 432,110 (42,455) Human Resources 331,108 12,768 15,431 (2,663) 180,923 211,769 (30,846) Risk Management 195,015 39,920 39,780 140 140,443 140,303 140 General Government Buildings 436,678 30,356 36,390 (6,033) 304,199 358,281 (54,083) Public Information & Marketing 254,541 13,734 8,500 5,235 148,250 150,228 (1,979) Municipal Court 246,985 20,463 11,295 9,169 177,414 184,423 (7,010) Police 3,420,814 202,484 141,003 61,481 2,232,632 2,480,233 (247,602) Fire 5,408,188 341,657 213,652 128,006 3,651,207 3,967,647 (316,441) EMS Operations - - - - - - - Public Works 1,833,009 122,755 107,395 15,360 1,257,226 1,295,854 (38,628) Parks & Recreation 990,634 51,154 34,780 16,373 613,840 660,751 (46,911) Community Development 1,096,848 76,398 49,375 27,023 737,239 813,561 (76,322) Economic Development 79,285 3,522 1,555 1,968 61,340 61,550 (210) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,935,793 455,169 455,169 - 3,550,287 3,550,287 - Operating Reserve 95,369 - - - - - - Total expenditures 21,576,946 1,536,806 1,238,927 297,879 14,614,688 15,537,257 (922,570) Net Income/(Loss)880,269 (448,467)(4,881,037) Fund Balance - Beginning 9,489,374 9,489,374 Fund Balance - Ending 10,369,643 4,608,337 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 1,300$ -$ 1,755$ 455$ Interest Revenues 40 2 15 (25) Crabapple Fest Sponsor 7,500 - 1,000 (6,500) Earth Day Sponsor 4,000 - 3,875 (125) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 - 500 (1,500) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 - 447 (1,053) Roundup Food Sales - - - - Total revenues 16,840$ 2$ 7,593$ (9,247)$ EXPENDITURES Current: Special Events 65,095$ 2,787$ 37,423$ 27,672$ Total Expenditures 65,095$ 2,787$ 37,423$ 27,672$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ -$ 35,000$ -$ Total other financing sources and uses 35,000$ -$ 35,000$ -$ Net change in fund balances (13,255)$ 5,170$ Fund balances - beginning 37,898 37,898 Fund balances - ending 24,643$ 43,068$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2014 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - 10,019 23,505 23,505 Interest Revenues/State Funds - 2 21 21 Interest Revenues/Federal Funds - 3 27 27 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 10,024$ 23,553$ 23,553$ EXPENDITURES Current: Police 18,000$ -$ 11,025$ 6,975$ Total Expenditures 18,000$ -$ 11,025$ 6,975$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (18,000)$ 12,528$ Fund balances - beginning 125,504 125,504 Fund balances - ending 107,504$ 138,032$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2014 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 38,203$ 485,202$ (314,798)$ Interest Revenue 200 36 210 10 Total revenues 800,200$ 38,239$ 485,411$ (314,789)$ EXPENDITURES Current: Public Safety 1,117,262$ 1,310$ 559,877$ 557,385$ Total Expenditures 1,117,262$ 1,310$ 559,877$ 557,385$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (74,466)$ Fund balances - beginning 768,794 790,699 Fund balances - ending 451,732$ 716,233$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2014 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants - - - - GEMA Grant - - - - FRESH Grant - - 20,000 20,000 Interest Revenues - 1 5 5 Total revenues -$ 1$ 20,005$ 20,005$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 1 20,005 20,005 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 20,005 Fund balances - beginning - - Fund balances - ending -$ 20,005$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2014 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 6,024$ 43,189$ (11,811)$ Total revenues 55,000$ 6,024$ 43,189$ (11,811)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ 6,024$ 8,189$ (11,811)$ Transfers out to Special Events Fund 35,000 - 35,000 - Total other financing sources and uses 55,000$ 6,024$ 43,189$ (11,811)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2014 7 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 65,000$ 1,800$ 51,023$ (13,977)$ Sidewalk Replacement Account - - - 17,000 17,000 Crabapple Paving Fee - - - 5,250 5,250 Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 80,000 80,000 53,160 (26,840) HYA Fees - - 7,808 7,808 Interest Revenue 3,000 3,000 169 1,666 (1,334) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 148,000 148,000 1,969$ 135,907$ (12,093)$ EXPENDITURES Capital Outlay City Council 36,070$ 36,070$ 908$ 18,949$ 17,121$ General Admin - 50,000 - - 50,000 Finance - - - - - IT - - - - - Police 2,331,523 2,604,805 54,642 273,621 2,331,184 Fire 1,438,530 1,511,970 13,621 33,494 1,478,476 Public Works 7,313,241 7,681,241 65,433 2,483,253 5,197,988 Parks & Recreation 1,746,290 1,746,290 19,330 422,616 1,323,674 Community Development 113,948 113,948 - 400 113,548 Total Capital Outlay 12,979,602$ 13,744,324$ 153,934$ 3,232,333$ 10,511,991$ Excess of revenues over expenditures (12,831,602) (13,596,324) (151,965) (3,096,426) (10,524,084) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ 4,915,793$ 455,169$ 3,550,287$ (1,365,506)$ Unallocated (125,216) (125,216) - - 125,216 Proceeds of Sale of Assets - - 300 300 Budgeted Fund Balance - - - - - Total other financing sources and uses 4,025,855 4,790,577 455,169 3,550,587 (1,239,990) Net change in fund balances (8,805,747) (8,805,747) 454,162 Fund balances - beginning 8,960,703 8,960,703 8,960,703 Fund balances - ending 154,956$ 154,956$ 9,414,864$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2014 8 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- 200,000 - - (200,000) LMIG Funds - 275,873 - 275,873 0 GDOT HPP Funds 7,262,878 7,262,878 - 60,362 (7,202,516) MARTA Grant 177,355 177,355 - - (177,355) SR 9 @ Bethany Bend Grant 60,000 60,000 - 8,447 (51,553) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - 30,000 - 30,000 - Interest Revenues 800 800 28 255 (545) Total revenues 8,005,095$ 8,510,968$ 28$ 374,937$ (8,136,031)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ -$ Public Safety - - - Public Works 8,682,362$ 9,208,235$ 33,852$ 550,107$ 8,658,128$ Community Development 7,190 7,190 - - 7,190 Total Capital Outlay 8,689,552$ 9,215,425$ 33,852$ 550,107$ 8,665,318$ Excess of revenues over expenditures (684,457) (704,457) (33,824) (175,170) 529,287 OTHER FINANCING SOURCES (USES) Transfers out to General Fund (20,000)$ -$ -$ -$ -$ Total other financing sources and uses (20,000)$ -$ -$ -$ -$ Net change in fund balances (704,457) (704,457) (175,170) Fund balances - beginning 705,087 705,087 705,087 Fund balances - ending 630$ 630$ 529,917$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2014 9 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) EXPENDITURES Capital Outlay General Government Buildings -$ 3,322,000$ -$ 899,196$ 2,422,804$ Parks & Recreation - 8,678,000 - - 8,678,000 Total Capital Outlay -$ 12,000,000$ -$ 899,196$ 11,100,804$ Excess of revenues over expenditures - (12,000,000) - (899,196) 11,100,804 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 2,000,000$ -$ -$ (2,000,000)$ Revenue Bond Proceeds - 10,000,000 - - 10,000,000 Total other financing sources and uses -$ 12,000,000$ -$ -$ 8,000,000$ Net change in fund balances - - (899,196) Fund balances - beginning - - - Fund balances - ending -$ -$ (899,196)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2014 10 HOME OF ' M - ItTUN*k ESTABLISH 72'006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Ross + associates for the Provision of an Impact Fee Study. MEETING DATE: Monday, July 21, 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: V YES () NO CITY ATTORNEY REVIEW REQUIRED: �) YES () NO APPROVAL BY CITY ATTORNEY �)APPROVEO O NOT APPROVED PLACED ON AGENDA FOR: Q 72 1 i 4 REMARKS ® yours PHONE: 678,242.2500 j FAX: 678.242.2499 Gfden V RCettil=ri*, TOP�� infoftityofmiltonga.us I www.cityofmiltonga.us �%11� Community 4� Echi�r 13000 Deerfield Parkway, Su1te 107 1 Milton GA 30004 '''B To: Honorable Mayor and City Council Members From: Kathleen Field, Director of Community Development Date: Submitted on July 3, 2014 for the July 21, 2014 Regular Council Meeting Agenda Item: Consideration of the Approval of a Professional Services Agreement between the City of Milton and Ross + associates for the Provision of an Impact Fee Study. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: It is proposed that the City of Milton enter into a professional services agreement with the firm of Ross + associates for the purpose of establishing an Impact Fee Program and related Impact Fee Ordinance. This initiative will include an assessment of the following public facility categories which will be included in the proposed impact fee program: Parks, Open Space and Recreation Facilities; and Roads, Streets and Bridges. This assessment will result in the establishment of a required Capital Improvement Element (CIE). Finally, implementation assistance will be provided so that collections will fit seamlessly into the City’s administrative and accounting procedures. The solicitation process that was utilized is as follows: the estimated fee for proposed services was determined to be less than $50,000. Therefore, the Request for Proposal (RFP) was sent to six pre-selected firms, all of whom had previous impact fee experience. As a result of this process, Ross + associates was selected as the chosen bidder due to price as well as depth of experience in Georgia. Funding and Fiscal Impact: The contract amount is $48,800. Legal Review: Ken Jarrard – Jarrard & Davis (July 15, 2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Impact Fee Study Professional Services Contract HOME OI= -`: 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $48,800 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1 -Impact Fee Assessment Task 2-Capuial Improvement Element (CIE) Task 3- Creation of Impact Fee ordinance Task 4- Impact Fee Implementation 2.3 Consultant shall take no calculated risk in the performance of the Work_ Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total 2 amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 3 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. 4 (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Covera e. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverage . (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 5 written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANIL (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (b) years after termination or final payment under the Agreement, whichever is later. (9) Ci1y as Additional Insured and Loss Pa ee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6 6.0 Term; Termination The term of this Agreement shall be from July 8, 2014 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2014, shall automatically renew on January 1, 2015 to November 1, 2015. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 7 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 34004 NOTICE TO THE CONSULTANT shall be sent to: William F. Ross, President Ross & Asociates 211 Colonial Homes Drive, STE 2307 Atlanta, GA 30309 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not a subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized AIiens Prohibited (1} E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perfOTM work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1 } the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (1RCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. 9 Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. X Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable 10 implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] Ross & Associates 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] Mx 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: 12 Exhibit "A" SCOPE OF WORK The City of Milton wishes to establish an Impact Fee Program as a means to address the effects of new developments and their associated infrastructure impacts on the City of Milton. Accordingly, ROSS & Associates will provide the following services: 1. To assess the following public facility categories for a City of Milton Impact Fee Program: • Parks, Open Space and Recreation Facilities: and, • Roads, Streets and Bridges. 2. To develop an impact fee program: • That is in compliance with Georgia law and State guidelines; • That is tailored to the unique needs of Milton; • That can be readily understood by the public and local decision -makers; and, • Will fit seamlessly into the City's administrative and accounting procedures. Summary of Scope of Work: In accomplishing the Impact Fee Study, ROSS & Associates will review local data and potential fees and determine in conjunction with City Officials the type of impact fee program that could be developed and the financial implications of such a program. The Impact Fee Assessment (Task 1) will establish the public policies that would guide creation and success of an impact fee program and/or will help the Mayor and City Council identify funding alternatives for future capital improvements. Under Task 2, an Impact Fee Methodology Report and a Capital Improvement Element (CIE) will be prepared. The Methodology Report and the CIE will include all projects that are eligible for impact fee funding in the two categories selected by the City. Under Task 3, ROSS & Associates will write an Impact Fee Ordinance that will include adoption of impact fees for the facilities selected by the City of Milton, while Task 4 will provide assistance to staff in implementing the impact fee program, if adopted. Specifically, the detailed outline of tasks for the four enumerated Tasks as mentioned above, includes the following: Task 1: Impact Fee Assessment Task 1.1a: Project Kick -Off and Data Collection Task 1.1b: Establishment of an Impact Fee Advisory Task Force Task 1.2: Draft Impact Fee Assessment Report Task 1.3: Policy Directions Workshop Task 2: Capital Improvement Element (CIE) Task 2.1: CIE Initiation Task 2.2: Impact Fee Methodology Report Task 2.3: Local Review Meetings on Methodology Report Task 2.4: Draft Capital Improvement Element Task 2.5: Public Presentation of CIE Task 2.6: Adoption of CIE Task 3: Creation of Impact Fee Ordinance Task 3.1: Write Impact Fee Ordinance Task 3.2: Hold Local Review Meetings on Draft Ordinance Task 3.3: Adoption Hearing on Impact Fee Ordinance Task 4: Capital Improvement Element (CIE) Task 4.1: Implementation Assistance for Staff Proposed Timeline: It is anticipated that the proposed scope of work will take approximately twelve months to complete. Detail of Scope of Work: The project will be accomplished through completion of the following tasks, which are detailed on the following pages: TASK 1: IMPACT FEE ASSESSMENT Task 1.1a: Project Kick -Off and Data Collection The first phase of the project will involve study organization with the staff and data collection. Immediately upon contract execution, the consultant will work with the City to schedule joint or back-to- back meetings with key members of City staff. At initial meetings, the consultant will gather available information related to the project; identify major policy issues involved in formulating a City of Milton impact fee program; and coordinate staff and Consultant responsibilities. The consultants will obtain copies of all relevant plans, studies, data and documents needed to perform the scope of work. Data to be gathered include, but are not limited to: ■ Existing population, housing and employment forecasts for the City of Milton to the year 2440. • Inventories of all existing impact fee eligible community facilities, and currently proposed new or expanded facilities. ■ A prioritized list of projects for each facility type and estimated costs. • Debt payment schedules for outstanding bond issues or loans, if any, relating to identified facilities. ■ Average values for new construction: Single-family homes, multi -family units and nonresidential buildings. Task 1.1b: Establish an Impact Fee Advisory Task Force Task 1.2: Draft Impact Fee Assessment Report Once preliminary data collection is complete, the selected firm will analyze existing impact fee -eligible capital facilities, current levels of service, levels of service proposed by City Departments or implied from current planned improvement programs, capital improvements programs or project listings, potential service area boundaries, and other relevant issues. The City requests that the selected firm prepare detailed growth projections and describe their methodology for City review. The selected firm will summarize the assessment in a report identifying key issues involved in establishing a City of Milton impact fee program. The Impact Fee Assessment Report will: • Establish the current Level of Service for each facility category (by service area if appropriate), and offer an initial Level of Service recommendation. • Present growth projections to the year 2040, including population, households and employment relevant to impact fees. ■ Investigate other funding sources and recoupment opportunities. • Recommend service area boundaries, where appropriate. ■ Consider the degree or extent of need for inter -governmental cooperation. • Discuss exemptions for affordable housing and economic development. ■ Discuss elements of a funding strategy combining impact fees with other revenue for ineligible costs. The Impact Fee Assessment Report will present and evaluate alternatives available to the City of Milton and conclude with a recommended course of action. The document will be delivered to the City in digital format and one hard copy for reproduction and distribution purposes. Deliverable: DRAFT IMPACT FEE ASSESSMENT REPORT Task 1.3: Policy Directions Workshop Following delivery of the draft Impact Fee Assessment Report, a City of Milton Work Session will be scheduled with the Mayor & City Council. The Work Session will be designed to address the issues raised in the report and to provide policy direction for the remainder of the project. The results of the meeting will be embodied in the final Impact Fee Assessment Report. Deliverables: POLICY DIRECTIONS WORK SESSION WITH MAYOR & CITY COUNCIL FINAL IMPACT FEE ASSESSMENT REPORT Task 2: CAPITAL IMPROVEMENTS ELEMENT (CIE) The selected firm will prepare and see through to adoption a Capital Improvements Element that achieves the objectives of the City of Milton and fully complies with the requirements of the Georgia Department of Community Affairs (DCA). Task 2.1: CYE Initiation As a first order of business, the selected firm will facilitate a kick-off meeting with the Impact Fee Advisory Task Force regarding impact fees in general, the impact fee program envisioned by the Mayor & City Council, and development of the Capital Improvements Element (CIE). As required by the minimum standards of DCA for adoption of impact fees, the selected firm will facilitate a minimum of two (2) public hearings for Mayor & City Council consideration, in order to inform the public about the purpose of the CIE and the process to be followed in preparation of the CIE, as well as to elicit community input on needs and goals. Deliverables: PROJECT Kick -Off MEETING WITH IMPACT FEE ADVISORY TASK FORCE ATTENDANCE AT INITIAL PUBLIC HEARING BY MAYOR & CITY COUNCIL Task 2.2: Impact Fee Methodology Report Based on the Impact Fee Assessment Report, the selected firm will prepare an Impact Fee Methodology Report. The report will include, for each facility type, an inventory of existing capital facilities; the cost of improvements required to remedy any existing service deficiencies; and the cost of improvements required to accommodate increased service demands. The study will calculate the cost per service unit to provide new development with the adopted level of service, as well as appropriate revenue credits to ensure that new development is not charged more than its proportionate share of the cost of new facilities. For each facility type, the study will include a table that establishes the number of service units and amount of facility demand associated with different land use types. Finally, the study will include, for each of the facility categories, a net unit cost schedule that represents the maximum impact fees that could be charged, by land use type. The document will be delivered in digital format and one hard copy for reproduction and distribution to the City of Milton. Deliverable: DRAFT IMPACT FEE METHODOLOGY REPORT Task 2.3: Local Review Meetings on Methodology Report Following delivery of the Impact Fee Methodology Report, we will conduct a meeting of the Impact Fee Advisory Task Force to present the report and solicit feedback. Once input from the Advisory Task Force is received, we will conduct one workshop with the Mayor & City Council to present, discuss and refine the Impact Fee Methodology Report. Deliverables: ATTENDANCE AT ADVISORY TASK FORCE MEETING ATTENDANCE AT MAYOR & COUNCIL WORK SESSION FINAL IMPACT FEE METHODOLOGY REPORT Task 2.4: Draft Capital Improvements Element A draft Capital Improvements Element (CIE) will be prepared pursuant to the Administrative Regulations of the Georgia Department of Community Affairs (DCA). The CIE will be drawn from the Impact Fee Methodology Report and will at a minimum include the following items: 1. A projection of needs for system improvements over the planning horizon of the program. 2. A schedule of capital improvements intended to meet the projected needs for system improvements covering, at a minimum, a five-year period. 3. A description of anticipated funding sources for each required improvement. 4. The designation of one or more service areas within the City of Milton and the assignment of levels of service for public facilities within each service area. The document will be delivered in digital format and one hard copy for reproduction and distribution to the City of Milton. Deliverable: DRAFT CAPITAL IMPROVEMENTS ELEMENT Task 2.5: Public Presentation of CIE Following delivery of the Draft CIE, the selected firm will facilitate a public hearing before the Mayor & City Council to receive public input and finalize the CIE, followed by authorization to submit the CIE to the Atlanta Regional Commission (ARC) and Department of Community Affairs (DCA) for review as an amendment to the City of Milton Comprehensive Plan. Deliverables: ATTENDANCE AT CIE TRANSMITTAL PUBLIC HEARING CAPITAL IMPROVEMENTS ELEMENT FOR ARC/ DCA REVIEW Task 2.6: Adoption of CIE During the ARC/DCA required 60 -day review period, the consultant will coordinate with ARC/DCA staff as appropriate to facilitate their review and answer any questions. Following receipt of the ARCIDCA review comments, the consultant will provide necessary revisions, if any, and attend the Mayor & City Council meeting for adoption of the CIE. It is anticipated that the CIE adoption meeting will coincide with the 2nd public hearing on adoption of the Impact Fee Ordinance. Deliverables: REVISIONS TO CIE (IF ANY) ATTENDANCE AT MAYOR & COUNCIL MEETING TO ADOPT CIE FINAL ADOPTION OF CIE Task 3: CREATION OF IMPACT FEE ORDINANCE In order to expedite implementation of the impact fee program, the Impact Fee Ordinance will be prepared by the consultant for review by the City Attorney during the 60 -day ARCIDCA review process on the CIE, such that the Ordinance and the CIE can be adopted at the same Mayor & City Council meeting, and impact fees implemented thereafter. Task 3.1: WRITE Impact Fee Ordinance The consultant will prepare the initial draft of the Impact Fee Ordinance for review by the City Attorney following the submission of the CIE for ARC/DCA review. The Ordinance will contain the impact fee schedules, and will be consistent with the City's exemption provisions (if any), provisions addressing impact fee credit for past and future developer contributions, and all of the procedural elements required by the state act. The Ordinance will be delivered in digital format and one hard copy for reproduction and distribution by the City. Deliverable: DRAFT IMPACT FEE ORDINANCE Task 3.2: Local Review Meetings on Draft Ordinance Following delivery of the draft Impact Fee Ordinance, the City Attorney in conjunction with the selected firm will attend a meeting of the Impact Fee Advisory Task Force. Following the Impact Fee Advisory Task Force meeting, the consultant will make necessary revisions and prepare a public review draft of the Impact Fee Ordinance for review by the City Attorney. Deliverables: ATTENDANCE AT IMPACT FEE AmISORY TASK FORCE MEETING PUBLIC REVIEW DRAFT IMPACT FEE ORDINANCE Task 3.3: Adoption Hearings on Impact Fee Ordinance The selected consultant will facilitate two public hearings by the Mayor & Council on the Impact Fee Ordinance, as required by state law. Based on comments received and at the direction of the Mayor & Council, the consultant will make final revisions to the Ordinance for its adoption. The Impact Fee Ordinance will be delivered in digital format and one hard copy for reproduction and distribution by the City. Deliverables: ATTENDANCE AT TWO MAYOR & COUNCIL PUBLIC HEARINGS FINAL IMPACT FEE ORDINANCE Task 4: IMPACT FEE IMPLEMENTATION It is proposed that this Task also will occur during the 60 -day ARC/DCA review process on the CIE, such that the City staff will be fully prepared to implement the impact fee program when the Ordinance and the CIE are adopted by the Mayor & Council. Task 4.1: Implementation Assistance The selected consultant will meet with City staff for training and for implementing a system for administering the impact fees that complies with the Georgia Development Impact Fee Act. Services will include installation of a computerized fee assessment and collection program based on Microsoft Access and tailored to the City of Milton, consultation with administrative staff on appeals and individual assessment procedures, and assistance to accounting staff in setting up the procedures necessary to maintain internal accounts and prepare an annual financial report to DCA. A written procedures manual for building permitting staff will be provided, along with an Implementation Handbook for the Impact Fee Administrator and Finance Director. Deliverables: COMPUTERIZED FEE ASSESSMENT AND COLLECTION PROGRAM TRAINING SESSIONS WITH CITY STAFF PROCEDURES MANUAL, FORMS IMPACT FEE IMPLEMENTATION HANDBOOK PROJECT STATUS/ OVERSIGHT The consultant will report project status and other information to the Community Development Director or designee, at a minimum, on a monthly basis. The monthly status report should include the main accomplishments from the ending month and a short summery of the anticipated projects for the following month. EXHIBIT "B" RESPONSE TO BIDNEE SCHEDULE EXHIBIT B CITY OF MILTON M I 1-TON"IrREQUEST FOR PROPOSAL rSTA8L15}irr72D'J:• (THIS IS NOT AN ORDER) f Bid Number: 14-CD02 Due Date and Time: June 5, 2014 Local Time: 2:00pm Project Name: FY14 Impact Fee Study ISSUING DEPARTMENT INFORMATION Issue Date: May 20, 2014 Dumber of Pages: 34 City of Milton Community Development Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bid Number: 14-CD02 City of Milton Name of Firm Attn: Rick Pearce, Procurement Office 13000 Deerfield Pkwy Suite 107E Milton, Ga. 30004 Special Instructions• Deadline for Written i Questions May 27, 2014 at 5 pm Email questions to Rick Pearce at rick.pearce@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: ROSS+associates 211 Colonial Homes Drive, STE 2307 Atlanta, Georgia 313309 Bidder Phone Number: 404-626-7690 Bidder Federal I.D. Number: SSN 413-68-9452 Authorized Bidder Signatory: {Please prim in Bidder FAX Number: NIA William F. Ross, President Bidder E-mail Address: bill@planross.com BIDDERS MUST RETURN THIS COVER SHEET WITH BE[) RESPONSE l 4-CDO2 Pagel Impact Fee Study City of Milton, Georgia Request for Proposal 14-CD02 G ROSS+associates urban planning & plan implementation in association with am eO AMEC Environment & Infrastructure, Inc. SECTION 5: COST PROPOSAL. MUST BE RETURNED WITH BID Cost Evaluation (30% of total score) Return this section with the RFP The proposers' cost proposal shall be a fixed price amount and signed by and authorized agent of the company. The maximum funds budgeted for this project is $49,000. This includes all tasks and deliverables in Section 3. Task 1 145 Leel of Effort (Hours) 16,000 Total Cost $ Task 2 176 Level of Effort (Hours) 19,400 Total Cost $ Task 3 54 Level of Effort (Hours) 5,900 Total Cost $ Task 4 68 Leel of Effort (Hours) Total Cost $ 7,500 Misc. Costs $ U Grand Total $ 48,800 Print Grand Total oc> Rate per hour for additional meetings if needed (not part of evaluation) $150 Authorized Signature Date June 5, 2014 Print/Type Name William F. Ross, President ROSS+associates PrintlType Company Name Here The above cost proposal includes all Tasks and work items included in Section 3 of the RFP. However, we have identified several areas in which cost savings could be realized if acceptable to the City. Initialed by William F. Ross: 17 14-CD02 Table of Contents Experience with Similar Projects..................................................................................... 1 Firm's Experience with Impact Fees...................................................................•--............................................1 ImpactFee Clients..............................................................................................................................................1 Impact Fee Client Cities and Counties...............................................................................................................4 Organizational Staffing, Staff Bios and Resumes of Key Staff ......................................... 5 TheFirms............................................................................................................................................................5 Consultant's Experience.....................................................................................................................................G Resumes............................................................................................................................................................. 6 Scopeof Services.......................................................................................................... 14 outlineof the Proposed Methodology............................................................................................................14 Pro}ect Understanding.....................................................................................................................................16 CityResponsibilities................................................................................................. --......................................16 ProjectManagement....................................................................................................................................... 16 FinalComments............................................................................................................ 17 Experience with Similar Projects Firm's Experience with Impact Fees ROSS+associates has prepared development impact fee assessments and implemented fee systems in a number of cities and counties, addressing such public facility categories as public safety (fire, emergency medical and rescue, law enforcement, jails), libraries, roads, and parks and recreation. The firm has also worked with Water and Sewer Departments and Authorities to calculate connection fees as required under the Development Impact Fee Act. Overall, two-thirds of all impact fee programs already adopted in Georgia were prepared by ROSS+associates, with most of the other adopted fees having been prepared in-house by water and sewer departments or authorities as utility connection fees, or local planning staff using ROSS+associates studies as models. The firm is currently working with several cities and counties that are in the process of amending their impact fee programs, and provides continuing assistance to past clients in the implementation, administration, annual update and amendment of their programs. Experience in Georgia has included assistance in the preparation of the final version of the Georgia Development Impact Fee Act, expert testimony in impact fee litigation, and personal involvement with the Impact Fee Advisory Committees of Fulton and DeKalb Counties. AMSC personnel are currently assisting ROSS+associates with the preparation of a major amendment to Alpharetta's impact fee program in a role similar to that proposed for the Milton Impact Fee Study. Impact Fee Clients ROSS+associates has provided consulting services to the vast majority of cities and counties that have adopted impact fees in Georgia. A complete listing of all clients and the specific impact fee related services provided is available. Of these, the following five clients have been selected as examples that are particularly pertinent to Milton. Cherokee County Contact: Jeff Watkins, Planning Director Tel. 770-493-6101, email jwatkins@cherokeega.com. Our most recent Impact Fee Program Amendment was prepared for Cherokee County, beginning in 2413. The Methodology Report and CIE have been adopted, and the Board of Commissioners is currently looking at the necessary amendments to the Impact Fee Ordinance. Unlike Milton, Board policy was well established so no Assessment Report was needed, and (being an Amendment) no Advisory Committee was required. Back in 2000, the consultant was called in to complete an impact fee system for Cherokee County for roads, fire, EMS, E-911, Sheriff's patrol, jail, library, and parks and recreation improvements. A new Capital Improvements Element was prepared, reflecting extensive demographic analysis and new forecasts, as well as extensive work with County departments in refining their capital improvement plans. Improvement plans and fee calculations were closely coordinated with a Special Local Option Sales Tax program that was developed and adopted contemporaneously with the impact fee ordinance. Services included creation of a computer-based fee assessment and collection program implemented within the Building Permit Office, and accounting procedures for the Finance Department. PLAN C-tWfOKEE 1 Cherokee COUPW Impart Fee Program �9�M1115. 1011 Cherokee County was the first in Georgia to adopt countywide impact fees, and attracted a lawsuit from the Greater Atlanta Homebuiiders Association. Bill Ross worked closely with the County's attorneys in preparing its defense, and provided expert testimony on the impact fee methodology. The Court of Appeals upheld the County on all counts and the Supreme Court declined to review the ruling. Woodstock Contact: Richard McLeod, Director of Community Development (now in Alpharetta) Tel. 678-297-6072, email rmcleod@alpharetta.ga.us. During 2006, Woodstock was coordinating with Cherokee County on preparation of a Joint 10 -Year Comprehensive Plan Update, and was simultaneously considering the adoption of impact fees. The population, housing and employment forecasts done for the Comprehensive Plan Assessment Report augured directly into the City's impact fee planning and, conversely, the City hired an independent transportation consulting firm to prepare a transportation plan that went well beyond the ARC regional plans. This more detailed Roads Plan informed the impact fee calculations as well as the Comprehensive Plan Assessment. Impact Fee Policy Directions Report City of Woodstock Impact Fee Program In examining impact fees, the City first considered the potential utilization of all eligible impact fee categories, summarized in a Policy Directions Report (akin to an 'assessment report'), ultimately whittling them down to two: parks and roads. Cartersville Contact: Randy Mannino, Planning Director Tel. 770-387-5600, email rmannino@cityofcartersville.org. Cartersville undertook its 10`" -Year Comprehensive Plan Update and the creation of an impact fee program in a parallel process, both of which were adopted in late 2006. By carrying out both of these tasks simultaneously, the City was able to make plans and provide for implementation at the same time. Data gathered and refined The ROSS+associatesjAMECTea m during the process of creating the impact fee Capital Improvements Element fed directly into portions of the Plan Update, and vice versa. As with almost all of our clients, ROSS+associates installed a computer program for impact fee calculations tailored to Cartersville's building permitting procedures, which greatly simplified the impact fee collection and record keeping processes. Since the inception of the impact fee program, the consultant assisted with several required CIE annual reports to DCA until staff was fully trained to take over the process, and provides pro bono advice and assistance as questions arise. Fayetteville Contact: Brian Wismer, Director of Community Development Tel. 770-719-4175, email bwismer@fayetteville-ga.gov. ROSS+associates has had a long relationship with the City of Fayetteville, which includes the creation of the City's impact fee program in 1998, major amendments in 2002 and 2007, and a major fee category simplification study in 2012. Development impact fees have been implemented in Fayetteville based on an analysis of potential fees for road improvements, fire services and recreation facilities. Our services included intensive working sessions with an Impact Fee Advisory Committee, working sessions with the City Council, and preparation of an Impact Fee Ordinance meeting all requirements of the Georgia Development Impact Fee Act. Over the years, as Comprehensive Plan Updates have been developed, we have revised and updated the impact fee program, reflecting changes in capital project planning. City of Ca i fess rule Impocf Fee Program IMPLEMENTATION MA-WJAL •055 CAPTCAL IMPROV ENCHIM CFrY OF FAYErTEVILLE. GEORGIA 2002 2020 IMPACT FFA? PRC"AM IYMATR W _M 2OU2 Since preparing the initial CIE and Impact Fee Program in 1998, the firm has assisted with annual update reports to DCA through 2013 (2014 is underway), has prepared several program amendments to keep the program current, and consults with the city's program administrators on a continuing basis (at no cost). Unique among impact fee consultants, ROSS+associates maintains a pro bono relationship with all of its clients, past and present, to answer impact fee questions and offer guidance as day-to-day issues arise. Camden County Contact: John Peterson, Planning Director, Tel. 912-510-4315, email jpeterson@co.camden.ga.us. Camden County is another example of a jurisdiction that considered impact fees for the 'full range' of normal governmental categories, and completed their adoption in the relatively recent past. Though battered by the immediately ensuing recession, the County held firm on their fees, bolstered Impact Fee Methodology Report wrr am IMENE92" N-0 o.crMr 16 awl by strong public support for the program. Being a newly minted program, the County also utilized our full range of services, from the policy -driven Assessment Report to installation of a computer-based impact fee collection and reporting system and extensive staff training. As with all past clients, we continue to field questions and assist with administration of the program as issues arise. Impact Fee Client Cities and Counties The map below locates the many cities and counties in the Atlanta Metro/North Georgia area alone where impact fee studies have been completed by ROSS+associates. Clients in Southern and Coastal Georgia are included in the listing box, while Alpharetta (currently underway) has not yet been added. Of the 47 cities, counties and authorities in Georgia for which ROSS+associates has completed impact fee studies, most are repeat clients, representing collectively 146 separate impact fee studies, impact fee program amendments, annual update reports, and ordinance amendments. Cat[,asa Gilmer Current & Completed PK"] Impact Fee Studies III Cities: Counties: c,anr, I Acworth Barrow Han Bamesville Bryan Canto .� Canton Camden `'1e'°' Carrollton Catoosa Cartera ll Cartersville Cherokee ! Wood4ock JeT}oraon ! Fayetteville Coweta Ri�Weu `- Hampton Dawson AcworthKzelw !l ` Barrow Jefferson Fulton Kennesaw Gilmer Log+Ville LaGrange Hall CoGkaar� Locust Grove Henry �Henryl /11 wailw' Loganville Jasper �soClp CircIs Madison Jones Carrollton FHpn McDonoughh Lee 0 ckbrjdje Ivew �r Peachtree City Lumpkin Fayellevilte cdon°ugh - _ Roswell Newton eachtree c'Rsr i{e,•„ ton • Senoia Pike ■ ncu rove — Social Circle Rockdale s°noi a J_P_ St. Marys Spalding e^g Stockbridge Thomas _�- Woodstock Troup Zebulon r — Zebulon Watton La Grange ; Me Sarneavilfe Troup r - Organizational Staffing, Staff Bios and Resumes of Key Staff The Firms ROSS+associates ROSS+associates is a full-service urban planning and plan implementation firm. Strategic and long range comprehensive planning, zoning and land development codes, impact fees and other implementation and project financing programs that realistically achieve plan objectives are major strengths of the firm. overall, Mr. Ross has been in the planning consulting business for over 25 years, and has been involved in impact fees for almost as long, beginning with his assistance in the creation and passage of Georgia's Development Impact Fee Act in 1989. In addition to impact fee programs, other public facility planning, programming and implementation services range from broad Capital Improvement Programs, to water/sewer fee studies, to the creation of Community Improvement Districts and Tax Allocation Districts (TADs). AMSC ROSS+associates will include support staff from AMEC Environment and infrastructure, Inc. (AMEC) on the Project Team as a subcontractor. AMSC E&I is an international firm with offices in Metro Atlanta that brings a wide range of capabilities to the table. These capabilities will enable a richer ability to advise Milton on engineering and technical matters as issues may arise regarding recreation and road improvements and the computerized fee collection system, and will provide backup personnel to assist with the data and planning needs of the project. In all cases, AM EC personnel will work directly under the supervision of ROSS+associates. AMEC E&I is a US corporation with over 114 offices and 4,200 employees throughout North America. Locally, AMSC maintains a corporate office in Alpharetta at 1105 Lakewood Parkway, and a local Atlanta office in Brookhaven at 2677 Buford Highway. Bill Ross Project Manager Responsible for All Products Task Force and City Council Meetings Socioeconomic Forecasts Methodology Report & Cif ordinance Review Manuals and Staff Training - -1 Lee Walton AMEC coordrnatbn Facility Inventories and 105 Methodology Report Manual: Fee Assessment System staff Training: Financial __ F___ Paige Hatley AMEC. Coordination Facility Inventories and Los Methodology Report Manual: Administrative Procedures Staff Training: Administration AMEC Specialists On Call As Needed Road Improvements Recreation Facilities Computer Programming Consultant's Experience William F. Ross, who will oversee all activities for this project, has over forty years of planning experience in government and private consulting, and is a recognized expert regarding impact fees, particularly under Georgia's unique impact fee law. Since the early 1970's, Mr. Ross has been involved in various aspects of the specialty as a city planning consultant and as a government official_ Mr. Ross assisted in drafting the Georgia Development Impact Fee Act and has published articles regarding its application and implementation for cities and counties in the State. Mr. Ross has held numerous training sessions on impact fees for local officials, several of which were organized by Regional Commissions, and has made presentations at statewide conferences oriented to planning directors and staff. All of the firm's impact fee work has been done by or under the direction of Mr. Ross. On the legal front, Mr. Ross provided expert testimony in winning all three landmark impact fee lawsuits in Georgia (HBAMA v. Cherokee County, Newton County Homebuilders v. Newton County, and Williams v. Pooler). Mr. Ross successfully defended Cherokee County's impact fee program through to the Georgia Supreme Court (which declined to review favorable rulings by the Court of Appeals) in the seminal case brought by the Home Builders Association of Metro Atlanta, in Superior Court over Newton County's impact fee program (the plaintiffs declined to appeal the win by the County), and in federal court over the City of Pooler's water and sewer connection fees. Mr. floss is often called by local elected officials and staff for informal advice and suggestions on impact fee systems. In addition, Mr. Ross maintains a mutually respectful relationship with the Department of Community Affairs, and often assists staff at DCA and various Regional Commissions interpret and understand moth the Development Impact Fee Act provisions and DCA's own regulations. Over the past many years, ROSS+associates has provided impact fee program services to 47 cities, counties and Authorities in Georgia, ranging from the adoption or on-going study of Impact Fee Programs for the first time, to preparation of DCA -required Annual Updates, to the expansion or amendment of existing programs, to administrative or legal advice and assistance. Lee Walton and Paige Hatley are key Team members with AMSC. They are currently working on impact fee programs with ROSS+associates, most notably in Alpharetta, and will be deeply involved with Milton. Their depth of experience in all aspects of planning and implementation programs is clearly demonstrated in their respective resumes Resumes Resumes of the key personnel that will be involved in the project on a most regular basis follow. Resumes of individuals that may be called upon to provide specific technical or engineering -related skills on an issue -by - issue basis are not included since a wide variety of specialists are available, any one of which may be contacted. WILLIAM F. ROSS President ROSS+associates William F. {Bill) Ross has over forty years of planning experience in government and private consulting, and carries unique credentials in the areas of land development regulation, comprehensive planning, socio-economic forecasting, and infrastructure financing. Since the early 1970's, Mr. Ross has been involved in various aspects of planning as an urban planning consultant and as a government planning official. in the area of land development regulation, Mr. Ross has prepared zoning ordinances, unified land development codes and sign ordinances in a number of cities and counties. Recent experience has focused on the preparation of unified development codes [UDCs], which combine zoning, signage, subdivision, erosion, flood protection and other requirements relating to the entire land development process into a single ordinance. Clients in Georgia have ranged from very rural areas such as Crisp County, to high growth suburbanizing areas such as Douglas County, to mature urban areas such as Columbus/Muscogee County, and a unique Land Use Code for Lumpkin County that relates the use of land to the Comprehensive Plan, dispensing with zoning altogether. Mr. Ross is particularly involved in making regulations effective, both in being easy for the average citizen or developer to understand and for the public official to interpret and enforce. Clarity of language, extensive use of tables and illustrations, and precision in use of terms all contribute significantly to this. As a planning consultant, Mr. Ross has prepared Comprehensive Plans and Updates in a number of cities and counties, particularly in Georgia. In the Gainesville -Hall County MPO, Mr. Ross prepared the demographic and economic development calculations and TAZ allocations for a new Transportation Plan for the region. The firm headed up a multi -disciplined team to update the joint Comprehensive Plan for Cherokee County and its cities of Ball Ground, Waleska and Woodstock, including detailed forecasts, an extensive market study and a fiscal analysis of the impact of new growth on the County. Recent Comprehensive Plans or updates prepared under Mr. Ross' direction include the cities of Cartersville, Chamblee, Suwanee and Woodstock, as well as Douglas County, Oconee County and Jackson County, and forecasts for the Hall County and Carroll County reservoir EISs. Infrastructure financing has presented key policy and implementation issues related to long range planning in several projects carried out by Mr. Ross, including the creation of Community Improvement Districts (CIDs) for downtown Atlanta, the Cherokee County Technology Ridge and the Central Perimeter Area, and creation of Georgia's second Transportation Management Association. In addition, Mr. Ross has directed preparation of Capital Improvement Programs for Newton and Hall Counties, and impact fee programs for a wide variety of cities and counties in Georgia. Recently, assisted by the Morgan County Conservancy, the firm developed a unique Farmland Preservation plan for Carroll County involving TDR and preservation fees. As a government official, Mr. Ross was with Fulton County, Georgia, for ten years, heading up all planning and zoning activities, and directed the Development Department in Gwinnett County for two years. While at Fulton County, Mr. Ross directed the preparation of the County's first Comprehensive Plan and implemented their neighborhood planning program. Mr. Ross also administered the rezoning and plan review process and extensively amended the County's various land development regulations. In Gwinnett County, then the fastest growing urban county in America, Mr. Ross reorganized the plan review, permitting and inspections process in a system issuing 10,000 building permits in new construction a year. While there, a new Comprehensive Plan was developed for the county and the County's zoning, subdivision and other development -related ordinances were revamped and combined into a Land Development Code with his direct participation and in coordination with a task force of private engineers, developers and builders. In addition, Mr. Ross has used his extensive experience to teach a graduate level course in plan implementation as part of the required curriculum in Georgia Tech's City Planning program, and often makes presentations related to comprehensive planning, land development regulation and infrastructure financing at workshops and conferences. Sessions at Georgia Planning Association and Georgia Association of Zoning Administrators conferences alone include: Zoning for Economic Development — GAZA 2012 Setting Fees (How to and Why) —GAZA 2011 Funding Strategies for Plan Implementation — GPA 2010 Zoning Administration — GAZA 2010 Marriage of Comp Plans and Ordinances — GAZA 2009 Regulating Signs in the Digital Age — GAZA 2009 and GPA 2009 The Hybrid Code — G PA 2008 Do the Right Thing ... Ethical Decision -malting in the Planning Process — GPA 2008 The Zoning Clinic — GPA 2008 Infrastructure Development Districts (IDDs) — GPA 2007 U rba n Zoning — GAZA 2007 Form -Based Codes — GAZA 2007 Development Strategies — GAZA 2006 Signs -- GAZA 2006 Getting What You Want ... Linking the Comprehensive Plan to Actual Development — GPA 2005 Show Me the Money ... Strategies for Funding Capital Improvements — GPA 2005 Annexation: Threading the Needle Five Ways—GPA 2005 Hardships, Heartaches ... Variances and Other "Relief — GAZA 2004 Signs—GAZA 2003 Subdivision Plat Reviews — GAZA 2002 Goes Without Saying ... New Rules for Signs in Georgia — GPA 2002 Design Concept Development Districts — GPA 2002 Considerations in Choosing Land Use Controls — GPA 2002 Impact Fees and Development Agreements—GAZA 2001 Impact Fees... The Planning Connection — GPA 2001 Making Conservation Subdivisions Real — GPA 2001 Linking the Smart Growth Vision to Reality — GAZA 2000 Employment President, ROSS+associates, 2001—Present History President, Georgia Zoning Institute, Inc. 1995—Present Principal, Cooper -Ross sv, Atlanta & Birmingham, 1992-2001 President, WFR Associates, Atlanta, Georgia, 1988-2001 Vice -President, Post Properties, Inc., Atlanta, Georgia, 1987-88 Director of Development, Gwinnett County, Georgia, 1985-87 Deputy Director, Planning & Administration, Fulton County, GA, 1975-1985 Planning Consultant, Adley Associates, Inc., 1970-75 Education/ Georgia State University, B.S. in Urban life with Honors (1970): Honors Dean's Key for Scholastic Achievement Blue Key Honor Fraternity University of Georgia, Carl Vinson Institute of Government: Certificate of Public Management (1987). Professional President, Georgia Planning Memorial Foundation, 2008—Present Affiliations President, Georgia Planning Association, 1993-1997 Editor, GPA Newsletter, 2005-2012 Chairman, GPA Nominations Committee, 1998, 2000 and 2002 Chairman, GPA Public Relations Committee, 1991-1993 Director (At -Large), GPA Board of Directors, 1989-1991 Chairman, GPA Bylaws and Organization Committee, 1990 Chairman, Local Programs Committee, APA National Conf. 1989 Charter Member, American Planning Association Member, APR Planning Officials' Advisory Committee, 1995--2000 Member, APA National Planning Awards Jury, 1998 Associate Member, Georgia Association of Zoning Administrators Planning Advisory Committee, Ga. Dept. of Community Affairs, 1993-1997 Growth Strategies Reassessment Task Force, Georgia DCA, 1998 Developments of Regional Impact Task Force, Georgia DCA, 1999-2000 Lecturer: Georgia State University Real Estate and Urban Affairs Program Institute for Continuing Legal Education (ICLE) County Commissioner's Training Program: Planning and Zoning ACCG Elected Officials Training Program: Planning and Zoning (G MA) Community Planning Institute (GPA) Representative Projects under Mr. Ross' direction include well over 100 assignments in Georgia under Projects the following categories: Zoning and Unified Land Development Codes, Sign Ordinances Comprehensive Plans, Land Use Plans, Short -Term Work Programs Farm Land Conservation and Protection, TDR program Economic Development Plans, Market Analyses Impact Fee Analyses and Ordinances, CIPS Socio -Economic Forecasts Community Improvement Districts (CIDs), TADS Expert Testimony in Lawsuits Lee Walton, AICP Project Manager, Senior Planner ameO- Mr. Walton, a Certified Planner with a background in architectural design, brings seventeen years of local government planning experience to AMEC His responsibilities include project management, planning and design for projects of public and private sector clients. Key areas of specialty include comprehensive planning and zoning, design guidelines, master planning, redevelopment planning recreation planning, industrial planning, transportation planning, grout writing/administration, urban design, facility planning and architecture. Award-winning projects completed by Mr. Walton include the City of Chamblee Livable Centers initiative [LCI) Plan and Performance Zoning Overlay (awarded Georgia Planning Association's Outstanding Planning Document 2006); the Stone Mountain ]Tillage LQ Plan (awarded Georgia Planning Association's Outstanding Historic Preservation Planning Document, 2003)• the City of Prichard Comprehensive Plan (awarded Alabama Planning Association Outstanding Comprehensive Plan, 20061; Downtown Calhoun Historic District Design Guidelines (awarded Georgia Planning Association's Outstanding Educational Tool, 2007); and, Columbus Historic District Design Guidelines (awarded Georgia Planning Association's Outstanding Pfanning Document, 2010). Education Master of City Planning, Georgia Institute of Technology, Specialization in Urban Design, 1997 B.S., Architecture, Georgia Institute of Technology, 1994 Paris Program for International Study in Architecture, Georgia institute of Technology/ L'Ecole d'Architecture de La Vilette Paris, rrance, 1994 Licenses / Registrations American Institute of Certified Planners, #016080 Years of Experience Total: 17 years Current Firm: 9 f, Mr. Walton has managed award - win ning community planning efforts for AMEC over the past 9 years, Project Experience Senior Planner: Alpharetta Impact Fee Program Update, Alpharetta, Georgia. Mr. Walton is providing, assistance to Ross + Associates for the update to the City of Alpharetta Impact Fee Program with focus an Methodology Report analysis. Project Manager: Roswell Holcomb Bridge East Revitalization Study, Roswell, Georgia. Mr. Walton managed the preparation of the revitalization study for the Holcomb Bridge East study area in 2004. The planning process involved extensive stakeholder involvement, transportation planning, analysis of real estate trends, and development of market-based redevelopment strategies. Project Manager: Local Government Comprehensive Plans. Mr. Walton has acted as AMEC Project Manager and/or Senior Planner for the development of comprehensive plans within the past seven years for the following Georgia communities: City of Acworth, City of Alpharetta, Banks County, Barrow County (multi -jurisdictional plan), Bulloch County (multi -jurisdictional plan), Burke County (multi -jurisdictional plan), City of Calhoun, Catoosa County, Chattooga County, Dawson County, City of Kennesaw, Gordon County (multi -jurisdictional plan), City of Union City, City of West Point, Whitfield County (multi -jurisdictional plan). Project Manager. Atlanta BeltLine Subarea Master Planning, Atlanta, Georgia. Mr. Walton served as the AMEC Project Manager for preparation of a detailed assessment and neighborhood -level plan for redevelopment, accessibility, connectivity and quality of life improvements (specifically parks and recreation related) for the subarea 10 sep,ment of the Atlanta BeltLine project, located to the west of downtown Atlanta. Mr. Walton facilitated public involvement workshops and coordinated all team efforts of urban designers, parks planners, transportation planners and associated specialists. The Subarea 10 Master Plan has addressed the details of BeltLine implementation in one of Atlanta's most socioeconomically challenged inner-city neighborhood districts. Project Manager: General Development and Transportation Plan, Gallatin, Tennessee. Comprehensive plan and major thoroughfare pian update for the City of Gallatin (located in Middle Tennessee in the Nashville- Davidson -Murfreesboro - Franklin MSA). The Greater Nashville Regional Council awarded the plan with the "Local Gavemment Planning Award-- 2009," Project Manager: Alpharetta Comprehensive Plan, Georgia. Comprehensive plan update for Alpharetta, a rapidly -growing affluent corporate hub 20 miles north of Atlanta in the Atlanta -Marietta -Sandy Springs MSA. The city experienced rapid growth beginning In the 1990's but now faces new growth challenges due to the recent incorporation of adjacent areas into municipalities. The public participation process included stakeholder meetings, workshops, an on-line questionnaire and a dedicated project website. The ROSS+associates/AMEC Team Page 10 Page 2, L. Walton Project Manager: Neighborhood Park Master Planning, Doraville, Georgia. Project Manager for AMEC's coordinated master planning, public involvement and concept design for three existing City of Doraville neighborhood parks. Resulting master plans include assessments of existing park conditions and deficiencies, programming for park needs, detailed master plan drawings and budget -level cost estimates for recommended park improvements. Project Manager: Transportation Enhancement Implementation and Grant Writing/Administration, 'Tifton, Georgia. Mr. Walton is providing project management and oversight of AMEC efforts to implement existing grant funded projects in the City of Tifton, including TE, ARRA, RBEG, EECBG and HPP (GDOT). Additionally, Mr. Walton is assisting the City with identification of additional appropriate grant application opportunities and with preparation of new grant application packages. Additional Planning Project Experience RECREATION MASTER PLANS City of Savannah Recreation Master Plan Update (GA) City of Senoia Recreation Master Plan (GA) City of West Point Recreation Master Pian (GA) City of Marietta Recreation Master Plan (GA) City of Calhoun Recreation Master Plan (GA) Gordon County Recreation Master Plan (GA) Whitfield County Recreation Master Plan (GA) Maddox Park Master Plan, City of Atlanta (GA) ,ZONING/LAND DEVELOPMENT CODES City of Canton Unified Development Code (GA) Catoosa County Unified Development Code (GA) City of Kennesaw Unified Development Code (GA) City of Chamblee Zoning Ordinance Update (GA) lkSIGN GUIDELINES City of Dallas (GA) City of Bainbridge (GA) City of Calhoun (GA) (award-winning) City of Columbus (GA) (award-winning) City of Canton (GA) REDEVELOPMENT PLANS/MASTER PLANS Atlanta BeltLine Subarea 10 Master Plan (Atlanta, GA) East Columbia Neighborhood Revitalization Plan (TN) (award-winning) West Calhoun Urban Redevelopment Plan (GA) Downtown Carrollton Master Plan (GA) Stone Mountain Village Livable Centers Initiative Plan (GA) (award-winning) TRANsPoRTAnow Ams Coweta County Comprehensive Transportation Plan Hapeville Bicycle/Pedestrian Master Plan Dawson County Georgia 400 Improvements Conceptual Plan Coweta County Bicycle Master Plan (GA) The ROSS+associates/AM EC Team Paige Hatley, AICP amealo .Senior Planner Ms. Hatley has more than 15 years of experience in comprehensive planning, zoning, historic preservation planning, economic development and public involvement. She primarily works with municipal clients and routinely facilitates public hearings and workshops. Her experience includes zoning and development regulation updates, design guidelines, land use plans, comprehensive plans, recreation master plans, socioeconomic and environmental justice analysis, military natural resource planning, and NEPA documentation. She has worked with local governments as a public sector land use and transportation planner in Nashville, Tennessee, o Main Street Manager in Georgia, and as a private consultant. Education Master of Community Planning; Auburn University, 1997 B.A. History, College of William and Mary, 1994 Ucenses I Registrations Ameriran Institute of Certified Planners, #23658 Years of Experience Total: 17 years Current firm: 9 Presentations "Principlesfor Integrating Planning for Hazard Mitigation and Land Use Planning." Presenter. Georgia Department of Comm u nity Affairs (DCA)2013 Community Planning Institute (CPI), "Subdivisions, Platting and Development Regulations." Presenter. Geurgia Assor.iation of Zoning Administrators (GAZA) Summer 2012 Conference. Project Faperience Senior Planner: Alpharetta Impact Fee Program Update, Alpharetta, Georgia. Ms, Hatley is providing assistance to Ross + Associates for the update to the City of Alpharetta Impact Fee Program with focus on Methodology Report analysis. Senior Planner: City of Duluth Unified Development Code, Duluth, Georgia. Ms. Hatley is working, with team partner Ross +Associates to consolidate and update all codes and ordinances related to land use, design and development. The 20+ codes and ordinances being addressed include the zoning ordinance, development regulations, and environmental regulations. Senior Planner. Local Government Comprehensive Plans. Ms. Hatley has acted as AMEC Project Coordinator and/or senior Planner for the development of comprehensive plans for the following Georgia communities: City of Alpharetta, Banks County, Burke County, City of Calhoun, Catoosa County, Chattooga County, Dawson County, Gordon County, City of Union City, City of West Point, and Daiton-Whitfield County, Senior Planner: Union Station Mall Redevelopment Plan, Union City, Georgia. Prepared existing conditions analysis (including zoning, land use and transportation), implementation recommendations, and the plan document. Union Station Mall closed in 2011, and the redevelopment plan addresses the critical need for a new exploration of the redevelopment options for the prominent mall site and surrounding area, The ARC Livable Centers Initiative (LCI) -funded plan was adopted by Union City Mayor and Council, and implementation, including zoning modifications recommended byAMEC, is currently underway. Senior Planner: West Calhoun Neighborhood Revitalization Plan, Georgia. Prepared a revitalization plan for the West Calhoun neighborhood, addressing housing conditions, land use, zoning, natural features, transportation, and community facilities and services. Ms. Hatley previously authored the West Calhoun Urban Redevelopment Plan in accordance with the requirements of the Georgia Urban Redevelopment Law (O.C.G.A. 36-6); this plan was incorporated into the neighborhood revitalization plan. Senior Planner: Avondale Mills Properties Site Assessment, Sylacauga, Alabama. Prepared a study that recommends options for developing 21 city -owned properties on a total of approximately 500 acres in the vicinity of the closed Avondale Mills site. The site assessment summarizes existing conditions (land use, zoning, available. infrastructure, environmental factors, and emerging trends) and recommends future land use scenarios to assist the city with its land development and marketing, efforts. Senior Planner: on -Call Planning Assistants, Dawson County, Georgia. Provided on- site planning support for eight months, including: review of zoning and variance requests, presentations to the Planning Commission and Board of Commissioners, regular meetings with property owners and developers, processing of Development of Regional impact (DRI) applications, preparation of zoning text amendments, and coordination of building plan reviews. Page 2, P. Hatley Senior Planner: Socioeconomic Analysis Summary. Ms Hatley has performed social, economic and environmental justice analyses for required NEPA documentation, including: Environmental Assessment (EA) for an expansion of the Emory Yerkes National Primate Research Center (topics of 5urroundfng Communities, Socioeconomics, Environmental Justice, Land Use, Transportation, Historic Resources, Aesthetics, and Utilities and Services); Environmental Justice section of an Environmental Impact Statement (EIS) for the proposed disposal of federal property managed; and, Socioeconomic analysis for a broad scope EIS involving the analysis of data for approximately 100 counties across the U.S. Related efforts include Environmental Report (ER) services in accordance with Nuclear Regulatory Commission (NRC) guidelines to Identify the effects of construction, operation and decommissioning on demography, community facilities and services, and environmental justice populations within the project vicinities. Senior Planner: Best Practices Guidebook: Community Disaster Resilience (Georgia). Prepared a guidebook for the Georgia Department of Community Affairs (DCA) that presents "Best Practices" recommendations for community disaster resilience. Recommended best practices that are described include the following: floodplain regulations, flood resistant construction, improved hazard mapping, open space preservation, stormwater management, FEMA's Community Rating System (CRS), high -wind resistive construction, strategic tree selection, sign resilience, construction techniques, integrated planning, and public outreach and awareness. Senior Planner: Integrated Natural Resources Management Plan (INRMP) Update — Joint Base Andrews (1113A), Maryland. Authored the 1NRMP in accordance with federal requirements and in consultation with JBA, USFWS and MD DNR. The INRMP is the primary guidance document and tool for managing natural resources at J8A by the Air Force District of Washington's 11th Wing. Topics addressed include surrounding land uses, the natural environment, JBA mission sustainability, natural resource management and plan impie mentatfon. Additional Planning Project Experience REcREAT1om MASTER PIANS City of Savannah Recreation Master Plan Update (GA) City of Senoia Recreation Master Plan (GA) City of West Point Recreation Master Plan (GA) Gordon County Recreation Master Plan (GA) TRAMSPORiAT1014 PLANS Coweta County Comprehensive Transportation Plan Hapeville Bicycle/Pedestrian Master Plan Nashville Area MPD Long Range Transportation Plan (LRTP) Nashville Area MPO Unified Planning Work Program (UPWP) 20 N 1 HG/LAN a DEVE LO PHA E NT CO D ES City of Canton Unified Development Code (G A) Catoosa County Unified Development Code (GA) City of Duluth Unified Development Code (GA) Gordon County Unified Development Code (GA) City of Jonesboro Subdivision Regulations and Historic Overlay Districts (GA) Resaca Battlefield Historic Overlay District (GA) New Echota Historic Overlay District (GA) DESIGN GUIDELINES City of Calhoun (GA) (award-winning) City of Columbus (GA) (award-winning) City of Canton (GA) Scope of Services Outline of the Proposed Methodology The objectives of the project are well defined in the body of the RFP, as are the basic Tasks to be undertaken to design and implement an impact fee program that meets the City's goals and objectives and is consistent with State law. ROSS+associates accepts, without exception, all of the items contained in the RFP under Section 3, Scope of Project, and will not repeat them here. The following timeline organizes the steps into a work flow from kickoff to adoption of the CIE and Ordinance in a 9 -month process. Schedule of Key Events Milton Impact Fee Program 1 2 Task 1 Impact Fee Assessment Project Kick -Off and Data Collection Establish AdviisoryTask Force Ll raft Impact Fee Assessment Report Policy0irectons Workshop Task 2 Capital ImproveiTtents ElementI I(ick-Off Advisory Task Force Meeting Initial Public Hearing - Mayor & Council Impact Fee Methodology Report Methodology Report — Advisory Task Force Methodology Report— Mayor & Council Finalize M ethodotog y Report Draft Capital Improvements Element CIE Transmittal Public Hearing CIE Review Period — ARCIDCA Adopt CIE — Mayor & Council Task 3 Impact Fee Ordinance Review Review Draft Ordinance Impact Fee Ord — Ad+nsory T ask Force Finalize Impact Fee Ord -- CityAttomay Impact Fee Ord — Public Hearing #1 Impact Fee Ord — Public Hearing #2 Im pact fee 0 r — Mayor & Council Adoption Task 4 Impact Fee Implementation Create & Install Computer Program i Prepare Procedures ManualMandbook li Cc nd uct Staff T ra ini ng Sessions ■ 0 Month 3 4 5 6 7 a 9 Advisory Task Force Meeting Mayor a City council Meeting or Workshop Consultant Actnaty The diagram on the following page illustrates our approach to developing and implementing an impact fee program. The diagram tracks the approach spelled out in the RFP and reflects the normal approach followed successfully by ROSS+associates in its many other impact fee studies conducted throughout Georgia. * * 0 * Advisory Task Force Meeting Mayor a City council Meeting or Workshop Consultant Actnaty The diagram on the following page illustrates our approach to developing and implementing an impact fee program. The diagram tracks the approach spelled out in the RFP and reflects the normal approach followed successfully by ROSS+associates in its many other impact fee studies conducted throughout Georgia. a E Cd Q. 0 d m O O MLL= OPV Q c m a. M 0 ro' ECu The ROSS+associates/AMSC Team L a a QNB c tial ��z� EE y d� � O Q 7 fd C }' E 2 E u H -LE S ~ 3 ti N N �za " t: i7 N'� S Fa r� Uin �uK.aVU= 0 rl V � c al y� E L N = Y� Ve� C N 7 n y a'G n V Q tt nn E Q et d o4` ti Fa � The ROSS+associates/AMSC Team L a a QNB c tial ��z� EE aero.. w d� Q OAR i C fd C L of vt E 2 E H -LE S ~ 3 ti N Fa r� Uin �uK.aVU= 0 The ROSS+associates/AMSC Team L a c h « C d� Q OAR i C r E 2 E H -LE S ~ 3 0 Uin �uK.aVU= The ROSS+associates/AMSC Team L a c h « C C oN6' r E 2 E H -LE S ~ 3 The ROSS+associates/AMSC Team Project Understanding We believe that the Scope of Services in the RFP will achieve the City's intended results and expectations, with one addition as follows: Continuing Assistance After all services under the contract are complete, as we do for all past clients, ROSS+associates will continue to be available by telephone and email to answer questions and advise staff as issues may arise in the future at no cost. Our philosophy is that it's better to solve minor issues as they come up than to have to straighten out a major problem that was not properly handled up front. City Responsibilities City staff will be called upon to assist with the project in the following ways: Administration: Schedule meetings with affected Department Heads and staff, provide on-site meeting space, distribute memos and other correspondence from the consultant team, etc. Coordinate with the Mayor and City Council on appointment of the Impact Fee Task Force, and handle arrangements for committee meetings. Arrange for consultant presentations to the Mayor and City Council as appropriate, advertise public hearings and assure execution of needed Resolutions and Cirdinances, and transmit the Draft and Adopted CIEs to ARC. information: Provide the data listed under Section 3 of the RFP directly from or on behalf of the affected Departments, including contemplated road projects and traffic data as to pre- and post -construction capacity. Team Participation: Review drafts of work product prepared by the consultant team and respond with comments in writing or in meetings. Provide guidance to the Consultants as Milton -specific issues or questions arise. Project Management The Consultant Team has and is presently working together on several projects and has developed the communication and inter -personal coordination traits that assure a seamless execution of the project. Bill Ross will coordinate all activities among the Team and with the City in accordance with the approved Timeline, and flag unanticipated scheduling problems or delays that may arise. The ROSS+associates/AMSC Team Final Comments Q We are the only consultants in the country whose impact fee methodologies have been tested in Court and upheld as 100% consistent with Georgia's project -based Law. O We stick with our clients after the contract is done — we are always available to answer questions and provide advice at no cost. D Individual assessments and appeals. (i) Interpretations of land use. O Handling spec buildings. Credits and exemptions. O We are deeply involved with implementation of our Clients' impact fee programs, including: Q Installing computer-based fee assessment programs. O Preparing management manuals. Q Training staff. Q Preparing Annual CIE~ Update reports. Q We set the standard at meeting DCA's impact fee standards. Q Our forecasting skills are legendary. Q Meeting Georgia's requirement for all cost calculations in Present Value are right up our alley. (F� Credit calculations and tax projections are second nature. Q We have a broad base of in-house design and engineering personnel, including engineers, architects, parks planners, and construction managers, etc. Q Direct access to qualified experts when issues arise. Up-to-date cost estimates based on real experience with Georgia road and building construction projects, recreation facilities, etc. We are local and easily available to you ... .. we know what we're doing ... and we're impeccably good at it. The ROSS+associates/AMCC Team) ROSS+associates urban planning & plan implementation 211 Colonial Homes Drive Suite 2307 Atlanta, Georgia 30309 Tel 404-626-7690 bill@planross.com EXHIBIT "C" INSURANCE CERTIFICATE ACDRD CERTIFICATE OF nu f+l11IC R LIABILITY INSURANCE DD' PATE {MMi6p7YYYY} 0611312014 PRODUCER Harrington Insurance Agency, Inc. 39 South Peachtree Street Norcross GA 30071 POLICY EFFECTIVE THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED (NATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Ross 8, Associates 211 Colonial Homes Drive NW Suite 2307 Atlanta GA 30309 GENERAL LIABILITY X CObAMERCIAL GENERAL LIAE3ILITY INSURER A: UTICA NATIONAL 02122/2014 INSURER R EACH OCCURRENCE $ 1,000,000 INSURER C: MED ERP (Any oneperson) s 10,000 INSURER D: INSURER E: v THE •POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPrQFINSURANCFPOLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A REPRESENTATIVES. GENERAL LIABILITY X CObAMERCIAL GENERAL LIAE3ILITY BDP 3285743 02122/2014 02122!2015 EACH OCCURRENCE $ 1,000,000 AMAGE TD RENTED 6 50,000 DRE MED ERP (Any oneperson) s 10,000 CLAIMS MADE Fx—] OCCUR PERSONAL & ADV INJURY 3 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEITL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PIOPAGG $ 1,000,000 POLICY PR0. LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea apcident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (Per Person) HIRED AUTOS NOWOWNED AUTOS BODILY INJURY S (Per acddenl) PROPERTY DAMAGE $ (Per accident) GARAGE LUIBILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC ANY AUTO AUTO ONLY: AGG $ A EXCESSrUMBRELLA LIABILITY OCCUR CLAIMS MADE 300017082 0212212014 0212212015 EACH OCCURRENCE $1.000,000 AGGREGATE S 1,000,000 S S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- X TORY I WITS E.L. EACH ACCIDENT $100,000 A EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIExECUTIVE OFFICERIMEMBER EXCLUDED? 4685863 09/2512913 09/2512014 E.L. DISEASE - EA EMPLOYE $100,000 E.L DISEASE -POLICY LIMIT 1 $ 500 000 If yes, descri'under PECIA O VI IONS WOW OTHER DESCRIPTION OF OPERATIONS I LOCATION SI VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT 7 SPECIAL PROVI510N5 City Of Milton is listed as additional insured rAMCF1 I ATICIN V Gr11, S HOU LD ANY OF TH E ABOVE DESCRI B ED PO LICI ES BE CA NCELLED BEFORE TH E EX PI RATIO N City of Milton DATE THEREOF, THE ISSUING INSURER mLL ENDEAVOR TO MAIL 30 DAYS WRITTEN 13000 (Deerfield Parkway NOTICE TO THE CERTIFICATE HOLDER NA MED TO THE LEFT, BUT FAILURE TO DO SO SHALL Suite 107E IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Milton, GA 30004 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE C.J E M> --------------- ACORD 25 (2001108) H�Iurtu i , moo IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (20MM) �►�� n CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODn'YYY} 0 611 312 0 1 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL. INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FIISCDX Inc 520 Madison Avenue CONTACT NAME:ON _ E _ j'` _ PRJAJC Na EXt : [8g$y 2Da-3D07 G No ADDRESS. contact@hiscox.com INSUREIRIP AFFORDING COVERAGE RMC39 32nd Floor INSURER A: Hiseox Insurance Company Inc 10200 New York, NY 10022 IRSURED INSURER B INSURER C Ross Associates INSURER D: ` 211 Colonial Hames Drive Suite 2307 INSURER E: INSURER F ATLANTA GA 30309 r.arrnwnr=c rr-PTIFIC:4TF NIIMRFR- IitVIS1UN NumkimN:: THIS IS'TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSADOL a 1k POLICY EFF POLICY EXP LTR TYPE OF INSURANCfi POLICY NUMBER 1 OryV MMIDDlYYYY LIMITS LTR Suite 107E GENERAL LIABILITf' Milton, GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE EACH OCCURRENCE S DAMAGE r07TRTlf5-- PREMISES Me occurrence) $ COMMERCIAL GENERAL LIABILITY MED EXP (Any oneperson) $ CLAIMS -MADE F -I OCCUR PERSONAL & AAV INJURY $ GENERAL AGGREGATE $ GENrL AGGREGATE I-Wr APPLIES PER: PI?ODUCTS-COMPIOP AGG $ - $ POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a"Wen BODILY INJURY (Par person) = S ANY AUTO BODILY INJURY (Per acckent) I $ - , ALL OWNED SCHEDULED AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE I$ Per acradent UMBRELLA LAS OCCUR I EACH OCCURRENCE $ — AGGREGATE $ I EXCESS LIAR CLAIMS -MADE $ DED RETENTION= WORKERS COMPENSATION QU t IM ITq 11- ER AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORlPARTNER+EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE f OFECEPJMEMBER EXCLUDE D7 ❑ (Mandatory in NHj NIA E.L. DISEASE- POLICY LIMIT $ If yes. describe under DESCRIPTION OF OPERATIONS helow A Professional Liability Y N I UDG1393277-Ea 13 10125/2013 30/25/2094 Each Claim; $ 1,000,000 Aggregate: $ 1,000,000 DESCRIPTION Or OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) r+rorlrrrArr= u^I nco CANCELLATION City of Milton, Georgia 13000 Deerfield Parkway SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Suite 107E THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Milton, GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) C 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .�� 0 ACiL7RD CERTIFICATE OF LIABILITY INSURANCE DATEiMWDDMYYI 0er1312414 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement On this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Hiscox Inc 520 Madison AvenueADORIess: 32nd Floor New York, NY 10022 CONTACT NAME: PMO of Exr, (888} 202-3007 a No contaci@hiscox.com INSURERAFFORDING COVERAGE NAiC4 INSURER A: Hiscox Insurance Company Inc 10200 INSURED Ross Associates 211 Colonial Homes Drive Suite 2307 ATLANTA GA 34309 INSURER B : INSURERC; INSURER O INSURER E: INSURER F : rn,k►coArre C1=RTIFICATE NUMBER: KtVI51UN NUIVILSEK: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWfrHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AVUL SUER POLICY EFF OLICY EXP RJSR TYPE OF INSURANCE POLICY NUMBER Y PM0 LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE S GE TO RE COMMERCIAL GENERAL LIABILITY PREMISES Ea o[turrence s MEO EXP (Any me person) i CLAIMS -MADE 1-1 or -CUR PERSONAL & ADV INJURY i GENERAL AGGREGATE $ GE NL AGGREGATE LIMIT APPLIES PER- PRODUCTS - COMPIDP AGG $ $ POLICY PR0. j LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea aociderll BODILY INJURY (Per person) - $ ANY AUTO BODILY INJURY (Per accident). $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS I PROPERTY DAMAGE $ Per axidem „ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ i EXCESS LIAR CLAIMS -MADE DED I RETENTIONS i WORKERS COMPENSATION WC STATIJ- O R AND EMPLOYERS' LIABILITY YIN ANY PRQPRIETQMARTNERIETLECUTIVE ` E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S OFFICENMEMBER EXCLUDED? ❑ (Mmdatory in NH) N f A E.L. DISEASE - POLICY LIMB $ IF yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liability N N UDC -1393277 -EO -13 10125/2013 10/25/2014 Each Claim: $ 1,000.000 Aggregate: $ 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES {Atitadh ACORO 101, Additional Remarks Schedule, it more space is required) .+SIS? n P ATC UI'M nCCI CANCELLATION Ross Associates 211 Colonial Homes Drive, NW Apt 23D7 Atlanta, GA 30309 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) Oc 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC �� i� CERTIFICATE OF LIABILITY INSURANCE DATE(MM1Y) O 2014 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) most be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement($). PRODUCER Aon Risk Services Northeast, Inc. Morristown N7 office CONTACT NAME - 800-353-0105 AIC. No. Ext: CBS) 283-7122 IAfC Nel: E -MAL ADDRESS: 44 Whippany Road, Suite 220 Morristown NJ 07960 USA INSURER($) AFFORDING COVERAGE NAtC 0 INSURED INSURER A: Zurich American Ins CO 16535 INSURER B; ACE American insurance .Company 22667 AMSC Environment & infrastructure 2677 Buford HWy NE Atlanta GA 30324 USA INSURER C: ACE Property &Casualty InsUran[e Co. 20699 INSURER D: American Zurich ins Co 40142 INSURER E: INSURER F; r(%VPFrer.Fa CERTIFICATE NUMBER. 570054586565 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1NSUFRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INISRI LTRB TYPE OF INSURANCE AIX7 WVp POLICY NUMBER POLICY F FF MINODlYY1'Y POLICY EXP MMfD LIMITS X COMMERCUILGENEMLIABILITY HpOG EACH OCCURRENCE 51,000,000 DAMAGE TO $100.00() PREMISES a OELIIRerIGe --MADE 0 OCCUR MED EXP (Any one person) 510, 000 PERSONAL&ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER. GENERALACCREGATE $1.000.000 PRODUCTS -COMPlOPAGG 51,0001000 POLICY RO E3LOC OTHER A AUTOMOBLELIABLITY BAP9483148-03 05/01/2014 DS/01/2D15 COMBINED SINGLE LIMIT(Eck accldeni) $1,000,000 BODILY INJURY (For person) X ANYAUTO BODILY INJURY (Por accklwm) X ALL OWNED SCHEDULED AUTO$ AUTOS X HIREDAUTOS X NC"VVNED AUTOS PROPERTY DAMAGE Peraceiden X Comp Ded-51.000 k CaIIDed•Sl,unu UMBRELLALIAH OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR CLAIMS -MADE DED RETENTION D WORKERS COMPENSATION AND EMPLOYERS' LIABILITYANY PROPRIETOR I PARTNERI EXECUTIVE YIN WC35048661 55761/-2514 05/01/2015 X I PER STATUTEORTH• E.L. EACH ACCIDENT $1,000,000 OFF ICER(MEMDER EXCLUDEDP (Mandatory in HH N f A E -L DISEASE -EA EMPLOYEE $1, DOO , 060 II yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $1,000,000 A Archit&Enc} Prof EDc938357806 Prof/Poll Liability 05/01/2014 05/01/2615 Each claim 51,000,000 Aggregate 11,000,000 SIR applies per policy terms & condil ions DESCRIPTION OF OPERATIONS I LOCATIONS; VEHICLES IACORD 101, AddNional Romarks Schedule, may be atlaehed it move space is required) Project: Impact Fee Assessment CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Milton, Geo rgf a AUTHORIZED REPRESENTATIVE 13000 Deerfield Parkway suite 107E Milton GA 30004 USA �� f e���iLEa>� e/iGY�f�d� �9aG Cs 1988-2414 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101 ) The ACORD name and logo are registered marks of ACORD Lo N h fi O a a0.. ib i] ?F m U EXHIBIT D 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: 268899 eVerify Number 10129/08 Date of Authorization Ross & Associates Name of Contractor FY 14 Impact Fee Study Name of Project Cijy of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on J,s-►f- ,, 201 in{city), c� (state). Signature of A�—oriz�edOffi�cW-or—�Aje--n-t� William F. Ross, President Printed Name and Title of Authorized Officer or Agent AI RISWORN BEFORE ME [NOTARY SE���5stic�rA,•� My ssionExpir7s: a i A;1 28 • .��' C?�Q� N• .......• d EXHIBIT "E" 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 Ross+associates 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: 44372 eVerify Number May 18, 2047 Bate of Authorization AMEC Environment & Infrastructure. In_ c Name of Subcontractor Impact Fee Program Services Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correycf. Executed *(n}Wednesda'y,,4une 11 j2014 in Signature of Au orized Officer or Agent David B. CAershel, Vice President Printed Name and Title of Authorized Officer or Agent SI�SCRIBED AND SWORN ® I WS -THEA Itk DAY - [NOTARY SEAL] My Commission Expires: iF0 �? I II Ili!! 1 �X �Z��i, F �q �O� JULY 12 :* •,n 2017 co HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Approval of Title VI Assurances and Nondiscrimination Agreement. MEETING DATE: Monday, July 21, 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: A YES () NO CITY ATTORNEY REVIEW REQUIRED: jk YES O NO APPROVAL BY CITY ATTORNEY kAPPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS 9110 Ypue PHONE: 678.242.2500 FAX: 678.242.2499 `G!"een v*ee«s�a* ToPao� info@cityofmilfonga.us I www.cityofmilfonga.us WI Community � t ;( 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 ""�" To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on June 27, 2014 for the July 21, 2014 Regular Council Meeting Agenda Item: Approval of Title VI Assurances and Nondiscrimination Agreement ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Title VI Assurances and Nondiscrimination Agreement are required documents from all agencies that received Federal funds for road construction projects. Title VI Assurances is a document to be executed by the City that ensures that Federal funds will not be used in a discriminatory way. The assurances are the United States Department of Transportation (USDOT) standard assurances that all recipients of Federal funds must sign. The nondiscrimination agreement is an abbreviated version of the Georgia Department of Transportation (GDOT) Title VI Plan that is sent to the Federal Highway Administration (FHWA). Funding and Fiscal Impact: These documents are required to continue to receive Federal funds for road construction projects. Alternatives: There are no alternatives. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 6/27/14 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Title VI Assurances Title VI Nondiscrimination Agreement GDOT Title VI Assurances The City of Milton (hereinafter referred to as the “Recipient”), HEREBY AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d—42 USC 2000d—4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives federal financial assistance from the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance is required by Subsection 21.7(a)(1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances to its Federal Aid Highway Program. 1. That the Recipient agrees that each “program” and each “facility” as defined in Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations made in connection with Federal Aid Highway and in adapted form in all proposals for negotiated agreements: “The Georgia Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d—42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.” 3. That the Recipient shall insert the clauses of Appendix A of this Assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient received federal financial assistance in the form, or for the acquisition of real property, or an interest in real property, the Assurance shall extend rights to space on, over, or under such property. 7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal Aid Highway Program; and (b) for the construction or use of, or access to space on, over, or under, real property acquired or improved under the Federal Aid Highway Program. 8. That this Assurance obligates the Recipient for the period during which federal financial assistance is extended to the program, or is in the form of personal property, or real property or interest therein or structures or improvements thereon, in which case the Assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property. 9. The Recipient shall provide for such methods of administration for the program, as are found by the State Secretary of Transportation or the official to whom s/he delegates specific authority, to give reasonable guarantee that it, other recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial endorsement with regard to any matter arising under the Act, the Regulations, and this Assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under the Federal Aid Highway Program and is binding on it, other recipients, sub- grantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Aid Highway Program. The person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the Recipient. _____________________ ____________________________________ Date (Recipient) by_____________________________________ (Signature of Authorized Official) Attachments: Appendices A, B and C. APPENDIX A The text below, in its entirety, is in all contracts entered into by GDOT. All of the text including the final section, entitled “Incorporation of Provisions,” should be included in any contract entered into by any GDOT contractor. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agree as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the (Recipient), or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the (Recipient) or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the (Recipient) enter into such litigation to protect the interests of the state and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures, or improvements thereon, or interest therein from the United States. Granting Clause NOW, THEREFORE, the Georgia Department of Transportation (GDOT)—as authorized by law, and upon the condition that the state of Georgia will accept title to the lands and maintain the project constructed thereon, in accordance with and in compliance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways; the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation; and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d-4)— does hereby remise, release, quitclaim, and convey unto the state of Georgia all the right, title, and interest of the GDOT in and to said land described in Exhibit A attached hereto and made a part thereof. Habendum Clause TO HAVE AND TO HOLD said lands and interests therein unto the state of Georgia, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the state of Georgia, its successors, and assigns. The state of Georgia , in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree, as a covenant running with the land for itself, its successors and assigns, that (1) no person shall, on the grounds of race, color, sex, disability, national origin, age, or religion, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed*, (2) that the state of Georgia shall use the lands, and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination of Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, (3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the agency shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in, and become the absolute property of, GDOT and its assigns as such interest existed prior to this instruction.¹ ____________________ ¹ Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of Civil Rights Act of 1964. APPENDIX C The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by GDOT pursuant to the provisions of Assurance 7. The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose for which a GDOT program or activity is extended, or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by GDOT pursuant to the provisions of Assurance 7. The LESSEE, for himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant, and agree as a covenant running with the land, that (1) no person, on the grounds of race, color, sex, or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and furnishing of services thereon, no person on the grounds of race, color, sex, and national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the [license, lease, permit, etc.] and to reenter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. *[Include in deeds subject to a reverter clause] That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to reenter said land and facilities there-on, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the STATE and its assigns. ____________________ * Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of Civil Rights Act of 1964. GEORGIA DEPARTMENT OF TRANSPORTATION NONDISCRIMINATION AGREEMENT The Georgia Department of Transportation And ____________________________________ (City or County Name) The___________________, (hereinafter referred to as the “Recipient”) hereby agrees to comply with the following Federal Statutes, U.S. Department of Transportation and Federal Highway Administration Regulations, and the policies and procedures promulgated by the Georgia Department of Transportation, as a condition to receipt of Federal funds. Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964, as amended, provides that no person shall on the ground of race, color, national origin, sex, age, and handicap/disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Civil Rights Restoration Act of 1987 amended Title VI to specify that entire institutions receiving Federal funds—whether schools and colleges, government entities, or private employers—must comply with Federal civil rights laws, rather than just the particular programs or activities that receive the funds. Nondiscrimination programs require that Federal-aid recipients, sub-recipient, and contractors prevent discrimination and ensure nondiscrimination in all of their programs and activities, whether those programs and activities are federally-funded or not. If a unit of a State or local government is extended Federal-aid and distributes such aid to another governmental entity, all of the operations of the recipient and sub-recipient are covered. Corporations, partnerships, or other private organizations or sole proprietorships are covered in their entirety if such entity received Federal financial assistance (FHWA Notice N 4720.6, September 2, 1992). Assurances 49 CFR Part 21.7 The_______________________, HEREBY GIVES ASSURANCES: That no person shall on the grounds of race, color, national origin, sex, age, and handicap/disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the recipient regardless of whether those programs and activities are federally-funded or not. Activities and programs which the recipient hereby agrees to carry out in compliance with Title VI and related statutes include but are not limited to: LIST ALL MAJOR PROGRAMS AND ACTIVITIES OF THE RECIPIENT 1. That it will promptly take any measures necessary to effectuate this agreement. 2. That each program, activity, and facility as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (w ith regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. 3. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the recipient by the Federal Highway Administration and is binding on it, other recipients, sub-grantees, contractors, subcontractors, transferees, and successors in interest. The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Recipient. 4. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and in adapted form all proposals for negotiated agreements. 5. The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, handicap/disabled in consideration for an award. 6. That the Recipient shall insert the clauses of Appendix A of this agreement in every contract subject to the Act and the Regulations. 7. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. IMPLEMENTATION PROCEDURES 23 CFR PART 200 This agreement shall serve as the recipient’s Title VI plan pursuant to 23 CFR 200 and the Title VI Implementation Guide. For the purpose of this agreement, “Federal Assistance” shall include: 1. Grants and loans of Federal funds; 2. The grant or donation of Federal property and interest in property; 3. The detail of Federal personnel; 4. The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient; and 5. Any Federal agreement, arrangement, or other contract which has, as one of its purposes, the provision of assistance. The recipient shall: 1. Issue a policy statement, signed by the head of the recipient, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the recipient’s organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by the Federal Highway Administration within a reasonable time period, not to exceed 90 days, in order to implement Ti tle VI compliance in accordance with this agreement. The head of the recipient shall be held responsible for implementing Title VI requirements. 3. Establish a civil rights unit and designate a coordinator who has a responsible position in the organization and easy access to the head of the recipient. This unit shall contain a Title VI Equal Employment Opportunity Coordinator or a Title VI Specialist, who shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. Adequately staff the civil rights unit to effectively implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement , investigations shall be conducted by civil rights personnel training in discrimination complaint investigations. Identify each complainant by race, color, national origin, sex, age, handicap/disability; the nature of the complaint, the date the complaint was filed, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information. A copy of the complaint, together with a copy of the recipient’s report of investigation, will be forwarded to the Division Office of Civil Rights within 60 days of the date the complaint was received by the recipient. 6. Collect statistical data (race, color, national origin, sex, age, handicap/disability) of participation in, and beneficiaries of the programs and activities conducted by the recipient. 7. Conduct Title VI reviews of the recipient and sub-recipient contractor program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Conduct training programs on Title VI and related statutes. 9. Prepare a yearly report of Title VI accomplishments for the past year and goals for the next year. a. Accomplishment Report List major accomplishments made regarding Title VI activities, include instances where Title VI issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI Specialist and program area personnel have undertaken in monitoring Title VI. Include a description of the scope and conclusions of any special reviews conducted by the Title VI Specialist. List any major problem(s) identified and corrected action taken. Include a summary and status report on any Title VI complaints filed with the recipient. b. Annual Work Plan Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be accomplished and target date for completion. DISCRIMINATION COMPLAINT PROCEDURE 1. Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, as amended, may file a complaint with the recipient. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the recipient’s Title VI Specialist for review and action. 2. In order to have the complaint considered under this procedure, the complainant must file the complaint no later than 180 days: The date of the alleged act of discrimination; or Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the recipient or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. 3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to any officer or employee of the recipient, the person shall be interviewed by the Title VI Specialist. If necessary, the Title VI Specialist will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled in the usual manner. 4. Within 10 days, the Title VI Specialist will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as the Federal Highway Administration and the Department of Transportation. 5. Generally, the following information will be included in every notification to the Office of Civil Rights: (a) Name, address, and phone number of the complainant (b) Names and address(es) of alleged discriminating official(s) (c) Basis of complaint (i.e., race, color, national origin, sex, age, disability/handicap). (d) Date of alleged discriminatory act(s). (e) Date of complaint received by the recipient (f) A statement of complaint. (g) Other agencies (state, local or Federal) where the complaint has been filed. (h) An explanation of the actions the recipient has taken or proposed to resolve the issue raised in the complaint. 6. Within 60 days, the Title VI Specialist will conduct and complete an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the head of the recipient. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report findings. 7. Within 90 days of receipt of the complaint, the head of the recipient will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with the Department of Transportation, or the Federal Highway Administration, if they are dissatisfied with final decision rendered by the State. SANCTIONS In the event the recipient fails or refuses to comply with the terms of this agreement, the Federal Highway Administration may take any or all of the following sanction: a. Cancel, terminate, or suspend this agreement in whole or in part. b. Refrain from extending any further assistance to the recipient under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the recipient. c. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the recipient. d. Refer the case to the Department of Justice for appropriate legal proceedings. SIGNED FOR THE GEORGIA DEPARTMENT OF TRANSPORTATION: __________________________________ _________________________ Georgia Transportation Commissioner Date SIGNED FOR THE RECIPIENT __________________________ _________________________ Authorized Official Date NA, HOME OF ' ESTAI3LJSFIED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Approval of an Easement Limited Agreement between the City of Milton and Bellsouth Telecommunications, LLC d/b/a AT&T Georgia, MEETING DATE: Monday, July 21, 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 O NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0-7Z f l y REMARKS © You `• PHONE: 678.242.25001 FAX: 678.242.2499 0Green4j' info@cityofmilfonga.us I www.cityofmilfonga.us u'n Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ''8� To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on June 27, 2014 for the July 21, 2014 Regular Council Meeting Agenda Item: Approval of an Easement Limited Agreement between the City of Milton and Bellsouth Telecommunications, LLC d/b/a AT&T Georgia ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The intersection improvement project at Hopewell Road/Cogburn Road and Francis Road/Hopewell Road includes construction activity within the AT&T utility easement. This agreement is relative to the encroachment of the roadway project on the easement where the utilities are located. Funding and Fiscal Impact: There is no impact. Alternatives: There are no alternatives. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 1/28/14 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Easement Limited Agreement STANDARD UTILITY AGREEMENT EASEMENT LIMITED AGREEMENT — Telecommunications PROJECT No.: 12 -PW -1, Fulton County/City of Milton THIS AGREEMENT, made this , by and between of the State of Georgia, acting by and through the CITY OF �,,,IILTON. a municipal corporation its governing authority, the Milton City Council (hereinafter referred to as the -City-), first party, and the BellSouth Telecommunications, LLC d/b/a AT&T Georgia., hereinafter called the COMPANY, second party. WITNESSETH: WHEREAS, the CITY proposes under the above numbered project to replace the existing 4 -way stop intersection of Hopewell Road/Cogburn Road at Francis Road/Hopewell Road with a roundabout; and WHEREAS, the COMPANY has existing telecommunications facilities located upon or over the project on Cogburn Road from station 12+50 to station 12+80 Left and on Hopewell Cog burn from station 55+90 to station 56+20 Right with portions of the facilities located upon a right-of-way or easement with rights to install, operate and maintain such facilities thereon; and WHEREAS, the location of said right-of-way or easement is shown on the highway plans at said station limits for this project, a copy of said plans in pertinent part being attached hereto (marked "Exhibit A"). The existing facilities presently contemplated are not in conflict with the highway construction; however, if they are later found to be in conflict, they will be relocated or adjusted, if necessary, to accommodate the proposed highway construction; and WHEREAS, the CITY and the COMPANY desire to enter into an agreement relative to the encroachment of the highway project on the rights-of-way or easement upon which the facilities are located. NOW, THEREFORE, in consideration of Zero & No/100 Dollars ($0.00) in hand paid and other valuable considerations received by the COMPANY and further in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is hereby agreed: 1. it is specifically understood that the project number shown above is for the CITY'S identification purposes only and may be subject to change by the CITY. In the event it becomes necessary for the CITY to assign a different project number, the CITY will notify the COMPANY of the new project designation. Such change in project designation shall not affect any of the to of this Agreement, 2. The COMPANY relinquishes and grants to the CITY all its existing property interests at the locations shown on the attached highway plans and grants to the CITY the right to construct, operate and maintain the above referenced highway across the COMPANY'S right-of- way or easement under the terms and conditions as herein stated. STANDARD UTILITY AGREEMENT EASEMENT LIMITED AGREEMENT 3. The CITY agrees to obtain all necessary rights from the owners of the lands crossed by the COMPANY'S rights-of-way or easement located within the limits of the required right-of- way acquired by the CITY. 4. The COMPANY agrees to relocate or adjust, existing COMPANY facilities if later found in conflict with the highway construction project contemplated herein. All costs incurred Jiustment of its existing facilities shall be by the COMPANY related to such relocation or a(J accordance with Federal and State reimbursed through a separate agreement by the CITY in ace laws. Comparable pre-existing ingress and egress to COMPANY property rights and facilities will be provided to the COMPANY at CITY expense. COMPANY retains fully adequate right of ingress and egress to COMPANY property rights and facilities over the property that is the subject of the highway construction project contemplated herein. 5. The COMPANY retains the right to operate and maintain existing facilities and to install, operate and maintain new facilities as required, except that the future installation, operation and maintenance oft he CdMlslanua ANY'S facilities shall be in accord with the UtilitY Accommodation Policy and Standas l, current edition, issued by the CITY and Title 23 of the CFR, Chapter 1, Subchapter G, Part 645, Subparts A and B. it is agreed that the COMPANY has the right now and in the future to install, operate and maintain its facilities over that portion of said highway within the required right-of-way. 6. The CITY will require its Contractor to abide by the attached Special Provision (marked "Exhibit B") for the protection of the existing telecommunications facilities owned and operated by the COMPANY within the limits of the required right-of-way. 7. The CITY agrees to notify the COMPANY when the highway construction contract is awarded and furnish the name of the contractor who will perforrn the highway worwhichk. The COMPANY agrees to plan with the CITY'S Contractor a schedule of operations will clearly set forth at which stage of the Contractor's operations the COMPANY will relocate or adjust its facilities, if necessary. 8. This Agreement contains the entire agreement of the parties hereto, and no representation, inducements, promises or agreement, oral or otherwise, between the parties not ent to this Agreement not be embodied herein shall be of any forslouch e oeffect. Any amendm parties binding upon the parties hereto unless such amendment is in writing and executed by bshalloth hereto. The provision of this Agreement shall inure to the benefit of and be binding upon the representatives, successors and assigns. This Agreement may be parties hereto and their legal repre h shall constitute an original, but all of which executed in multiple counterparts, each of which ishall be construed taken together shall constitute one and the same agreement. This Agreement Except as otherwise provherein, a and interpreted under the laws of the State of Ge rights, powers and privileges conferred hereunderorgia. upon the parties shall be cumulidedative but notll restrictive to those given by law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be C� executed in three counterparts, each to be considered as an original by their authorized representative the day a I nd date hereinabove written. I STANDARD UTILITY AGREEMENT EASEMENT LIMITED AGREEMENT WIT S AS TO SECOND PARTY: BELLSOUTH TELECOMMUNICATIONS, LLC DIBIA AT&T GEORGIA BY: ESS RMAPPROVED BY: Ila 04 0 OTARY PUBLIC (SEAL) 'j - 6jTITLE: SWORN TO AND SIB AY ED BEFO ME THIS OF 20 7 M . My commissio expires: that the above named I attest to the genuineness of the COMPANY Seat and I further attest Officer is duly authorized to execute this document. ATTEST: FEINBY: ILE F l�, SECRETARY -*********SEC � 1 kXN";S'I. (OFFICIAL SEAL) PROJECT Nos.: 12 -PW -1 COUNTY: Fulton DATE: ACCEPTED: CITY OF MILTON M ,MAYOR (OFFICIAL SEAL OF THE CITY) I attest that the seat imprinted herein is the official Seat of the CITY. BY: CITY CLERK (OFFICIAL CUSTODIAN OF T14E SEAL) 10 CERTIFICATE 1, Mark Keffer. Secretar% of BellSouth 'Telecommunications LLC. d/b,"a AT&T Georgia, (the **Company"), hereby certify: That I am a duly elected, qualified and acting Secretary of the Company. That I am one of the fully authorized and proper officers of the Company to make certificates in its behalf. 2. That the Company has established internal approval levels and requirements which govern Company's employees' authorization to sign on behalf of the Company, and that, according to such approval levels and requirements, Lee Sledge, Director— Construction and Engineering, has authority to negotiate, execute and deliver on behalf of the Company, agreements and contracts, such as the following: Utility Agreement between City ol'Nlilton and BellSouth Telecommunications, LLC, d/b/a AT&T Georgia, on Project 12-1"W-1 in Fulton County(ics); IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company this ja.Nay of _,/Ua_, 20 144 J-1-- Mark K fee� Secree taarr y [Corporate Seal] No Text I a �a�N�yeZ• 91 99 M, 4ETIC Gil Z 0 Ln 00002 0 0 W MW—P •-4 M in Gi Air q r MOC300 W-1-I6_4Z U)-4 nwDxd,-•D-1 �!MM6, MDTM mozlrmooj i 0 z x M �Zmmr-M . c C, 203, D z In Gi r 0 z E M 0 0 m z M -4 M m 0 4 n MOM -4 0 Z Z r -4 T,D (1 0 -4 cl O p 071FPI Pt 0 Cl -- M 0 Lq - x- d, 'n > Ml0z0tA-I 1; ZZ ll LJCl- C) G#Nrm ? 'T a , D 0 x a -i -4"m 'in T At r d-4 0.044 'n V-I]>Onsz^ 0 lvzo°nofx- M 00 D Z 0 M 0 ri 0 DM i:zOrn > Z a M 0 -4 =1 D M 0 c X z Ul Saw M m r z m n OM 0 r m > z z 00 M I- M 'n a r MZ 01 0 -4 a -4 0 q ", r. Z -u I,- ul�, 0 1 'D v z :, D LA -,� . -11 0• on M ru 0 r, T 0 2 no 0 t, M V I r TO0,017IMMO -0 0 v *cmmcmwlnoz Oor 10 CD 11 M 0 z m w Ll 0 1 Z >, z !TIM -4 0 C, M 0 'n zrO-TO-,zc.n-O "n M n CD Z 0 0 tz c ru z D I D -4 m r c T V 0 If m _t 0 z LA 00 C, z r I C) 0 33 m M -0 Z :4 0,--i < w Cn z Ow a MT, 7 z z- 0 z o n CIA c? z Ci (A m GI > Lf) z m 0 m 6i 10 z iz I'll -4 III 'M rr, I I Lr, wo HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Approval of Change Order #2 between the City of Milton and BM&K, P.C. to Provide SR 372 (Crabapple Road/Birmingham Highway) Intersection Improvement Right of Way Services. MEETING DATE: Monday, July 21, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (XAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES CITY ATTORNEY REVIEW REQUIRED: 9YES APPROVAL BY CITY ATTORNEY PAPPROVED () NOT APPROVED O NOT APPROVED O NO () NO PLACED ON AGENDA FOR: 6)7Zllq ©youln PHONE: 678.242.25001 FAX: 678.242.2499 �7Ceeii`_ ; l�elrfied t ropaou info@cityofmilfonga.us I www.cityofmiltonga.us��'<<® Community Eth;cs 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on June 27, 2014 for the July 21, 2014 Regular Council Meeting Agenda Item: Approval of Change Order #2 between the City of Milton and BM&K, P.C. to Provide SR 372 (Crabapple Road/Birmingham Highway) Intersection Improvement Right of Way Services ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In accordance with the City procurement procedures an invitation to bid was issued to secure a GDOT prequalified consultant for the project. The City received five bids on the project and BM&K, P.C. was determined to be the lowest reliable bidder. The bid was for unit prices with estimated quantities. This change order is to provide additional right of way and easement acquisition services that have been required by GDOT for intersection improvements at SR 372 (Crabapple Rd/Birmingham Hwy). The right of way services must all be approved by GDOT in order for the land acquired to be eligible for reimbursement. The additional unit price items required by GDOT include parcel specific level 3 appraisals and parcel specific costs to cure. These tasks are required in conjunction with the use of federal funds on this project and will be in accordance with GDOT policy and procedures. Funding and Fiscal Impact: The budget for this work will be from the Capital Grant Fund. This task is not reimbursable but the land acquisition costs for the purchase of right of way and easements will be reimbursable for these projects. Alternatives: There are no alternatives. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 6/3/14 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Change Order #2 CHANGE ORDER #2 FOR PROFESSIONAL SERVICES AGREEMENT SR 372 (CRABAPPLE RD/BIRMINGHAM HWY) INTERSECTION IMPROVEMENTS RIGHT OF WAY SERVICES WHEREAS, the City of Milton, Georgia and BM&K, P.C. have entered into a Professional Services Agreement (the “Agreement”) dated March 18, 2013, incorporated herein by reference, for right of way services for intersection improvements for SR 372 (Crabapple Rd/Birmingham Hwy); and WHEREAS, the parties desire to issue a change order pursuant to Section 9.0 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section 2.0 “Contract Price” in the Agreement is increased to $148,850 2. Added to the Agreement are the Title VI Compliance Requirements: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subconsultant, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. 3. Exhibit A to the Agreement is amended by adding the following description of services: Appraisals: GDOT required the following additional appraisals for specific parcels that were determined as part of the GDOT reviewer project inspection checklist: Level 3-3 for parcels 8 and 22A to be performed by a GDOT approved Level 3 appraiser for parcels involving cost to cure for parking and landscaping Level 3-4 for parcels 6 and 18A to be performed by a GDOT approved Level 3 appraiser for parcels involving before and after addressing remainder. Level 3-5 for parcel 14 to be performed by a GDOT approved Level 3 appraiser for parcels involving access and driveway modifications in take area. Level 3-6 for parcels 15 and 18A (backup) to be performed by a GDOT approved Level 3 appraiser for parcels involving before and after addressing access and reminder. 2 | BM&K Professional Services Agreement Level 3-7 for parcel 10 to be performed by a GDOT approved Level 3 appraiser for parcels involving before and after addressing access and maneuverability. Cost to Cure: CTC-1 to be performed by a GDOT approved Cost to Cure estimator for parcels with irrigation systems in the take area. CTC-2 to be performed by a GDOT approved Cost to Cure estimator for parcels with signs that are in the take area. CTC-3 to be performed by a GDOT approved Cost to Cure estimator for parcels with requiring a maneuverability study. 4. Exhibit B to the Agreement is amended by adding the following per parcel services to the fee schedule: Right of Way Services Estimated Parcels Per Parcel Fee Estimated Total Appraisals Level 3-3 2 $ 1,500.00 $ 3,000.00 Level 3-4 2 $ 2,500.00 $ 5,000.00 Level 3-5 1 $ 3,000.00 $ 3,000.00 Level 3-6 2 $ 5,000.00 $ 10,000.00 Level 3-7 1 $ 5,500.00 $ 5,500.00 Cost to Cure CTC-1 7 $ 2,000.00 $ 14,000.00 CTC-2 1 $ 1,300.00 $ 1,300.00 CTC-3 2 $ 3,500.00 $ 7,000.00 Change Order Total $ 48,800.00 5. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 3 | BM&K Professional Services Agreement BM&K, P.C.: ___________________________________ By: Donald Clerici Its: President & Secretary [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: Joe Lockwood Its: Mayor [CITY SEAL] HOME OF ' ESTAJMSHED 200& CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Approval of an Acquisition Contract for Purchase of .3277 Acre Parcel by the City of Milton from JW Homes, LLC for $46,000, Located at the Intersection of Lecoma Trace and Branyan Trail in Milton, Georgia. MEETING DATE: Monday, July 21, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY P APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0-7Z 1 ` I REMARKS ( N4 `i © you( PHONE: 678.242.2500 J FAX: 678.242.2499 intoi4cityofmiltonga.us I www.cifyofmilfonga.us "PIt® 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 Green`: Community i C-EdLed ap lou City nl Eihics $ 1p To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on July 16, 2014 for the July 21, 2014 Regular Council Meeting Agenda Item: Approval of an Acquisition Contract for Purchase of .3277 Acre Parcel by the City of Milton from JW Homes, LLC for $46,000, Located at the Intersection of Lecoma Trace and Branyan Trail in Milton, Georgia ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton identified a parcel where the future City Hall will be constructed in the Crabapple community near the intersection of Lecoma Trace and Branyan Trail. The new parcel is an assemblage of two previously existing parcels. One portion of the site was already acquired by Milton. This is the second required parcel to make the future development site complete. If approved, this purchase will be of 0.3277 acres from JW Homes, LLC for the price of $46,000. The parcel will close prior to July 30, 2014. Funding and Fiscal Impact: $46,000. Alternatives: Do not approve the contract. Legal Review: Ken Jarrard, City Attorney Concurrent Review: Attachment(s): Contract AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement') is made and entered into this ' l day of July, 2014, by and between the CITY OF MILTON, GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Georgia ("Buyer"), and JW HOMES, LLC (referred to herein as "Seller") AGREEMENT 1. The Buyer agrees to buy, and the Seller agree to sell, all that tract of land shown as Tract 1 on Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"), consisting of approximately 0.3277 acre. 2. Purchase Price. The purchase price of the Property shall be $46,000.00. 3. Public Hearing. Prior to closing on the Property, the Seller acknowledge that the Buyer may hold a public hearing with respect to this purchase wherein the details of said purchase may be revealed in an open forum. 4. Closing Date. A closing shall be conducted on or before July 30, 2014. Title to the Property shall transfer at the time of closing. At the closing, the Seller shall deliver to the Buyer a Limited Warranty Deed to the Property conveying good, insurable, and marketable title to the Property, and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the Property, except for easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. 5. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied by the Seller. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of the date of closing. The Seller will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 6. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability, refuse to accept the conveyance of title, or it alternatively may elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of closing. 7. Right of Entry. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller's ongoing operations or in such a manner as would do permanent or long-term damage to the Property. 8. Preservation of Property. The Seller agrees that the Property shall remain as it now is until the delivery of possession of the Property by the Seller to the Buyer, and that the Seller will prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the Property in the future. In the event of such actions, the Buyer may, without liability, refuse to accept the conveyance of title, or the Buyer alternatively may elect to accept conveyance of title to the Property. 9. Specific Performance. The parties agree that in the event of a breach hereof by the Seller (i.e. the refusal to execute the deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer specific performance in lieu of damages or any other remedies allowed by law. 2 10. BindingEffect. The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Seller. 11. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 12. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 13. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 3 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year first above written. SEL BY: Nan Its: SIGNED, SEALED, AND DELIVERED in the presence of: [NOTARY SEAL] s My Commission Expires:(� 13 ><e�o '\ EER tap10 ✓'Am®e ! m A Y q�h.•" C1 BUYER: CITY OF MILTON, GEORGIA mm Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: LJ/ aE� L S® �n zwi_' `=I� � -- 'o' r s® Ede ,r o 1 >'' M.A6odOH gg TN r �O b $� a u Y ;� a£ aI" <mD °waag o 1 ="aF mo l A- jig II( .Z10 ga omm T,5 °coM. m A '0� z bE� Wt P 8A%g a ro d� 7 a _'F\ 3 "oQ x aF d � e• my = ��<r.—� fir,' e�E \"r \ _ 7 r "a�'fi g p n.= D W a° �qn m ?}#}# g p e ®®®®o s 4 " ®®( O. B g * am memo ""sa�ma sumo ame aa��.-�' a e a';: m: 7 0 0_ r$ c o$ E m �� aC7 oswa#9yE '.fie"s-.nF"A" ^'am�`;!� s s a s o s= v m e cn mn i49 Eco MINOR PLAT FOR .� .,, �.,,.,xi,,...�.'�,mm,�r .n•,n. CITY OF MILTON M1'L Lr (LE OMA TRACE) TerraMark OCATEG IN tANO LOT 1735,2ND DISTRICT, 2NO SECTION 2 CITY OF MILTON o FULTON COUNTY, GEOftGIq EP HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Extending for 90 Days a Moratorium Barring the Acceptance of Applications for Rezonings to the CUP, NUP, TR, R-2 and R -2A Zoning Districts. MEETING DATE: Monday, July 21, 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: YES O NO APPROVAL BY CITY ATTORNEY �APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 4 -7 Z 4 REMARKS ©-*you *** PHONE: 678.242.25001 FAX: 678.242.2499 Green ; Tr�a t Top.101 C ly 4 infoftityofmiitonga.us I www.cityofmiitonga.us community sh;s 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING FOR 90 DAYS A MORATORIUM BARRING THE ACCEPTANCE OF APPLICATIONS FOR REZONINGS TO THE CUP, NUP, TR, R-2 AND R-2A ZONING DISTRICTS WHEREAS, Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) and Article 9, Section 2, Paragraph IV of the Georgia Constitution empower the City to regulate development within the City limits through zoning; and WHEREAS, on February 3, 2014, after publication of legal notice in accordance with the Georgia Zoning Procedures Law, the City conducted a public hearing and approved Resolution No. 14-02-291 (attached hereto and incorporated herein by reference) enacting a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications contained in the City’s zoning ordinance; and WHEREAS, the moratorium enacted by the February 3, 2014 Resolution is currently set to expire on or about August 1, 2014; and WHEREAS, despite the diligent efforts of the City and its Planning Department and staff to date, the City finds that additional time is necessary to prepare, process, and obtain public input on potential amendments to the current performance standards and provisions of the existing CUP, NUP, TR, R-2, and R-2A zoning classifications contained in the City’s zoning ordinance; and WHEREAS, the City finds that extending for 90 days the moratorium described above is narrowly tailored and the least restrictive means available to address the City’s needs, both in terms of the 90-day time period and in terms of the limitations on the CUP, NUP, TR, R-2 and R-2A zoning classifications; and WHEREAS, the City further finds that extending for 90 days the moratorium described above is in the best interests of public health, safety, and welfare; and WHEREAS, the City further finds that extending for 90 days the moratorium described above is 1) reasonably necessary for the accomplishment of the public purposes stated in the February 3, 2014 Resolution and this Resolution and 2) is the appropriate minimum time for the development of such regulations without unduly oppressing or diminishing the rights of individuals. NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: Page 2 of 2 1. The City does hereby extend the moratorium approved February 3, 2014, which moratorium bars the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications, for 90 days (commencing the moment the existing moratorium expires) in order to allow the City to complete the development, processing, and consideration of amendments to the current performance standards and other provisions of the existing CUP, NUP, TR, R-2 and R-2A zoning classifications contained in the City’s zoning ordinance. 2. The moratorium imposed and extended by the February 3, 2014 Resolution and this Resolution, respectively, shall terminate on the earliest date of (1) October 31, 2014; (2) approval by the City Council of an additional or extended moratorium after a public hearing; or (3) the adoption of an amendment to the provisions of the CUP, NUP, TR, R-2 and R-2A zoning classifications contained in the City’s zoning ordinance. 3. The moratorium extended by this Resolution 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 _____ day of ____________, 2014. CITY OF MILTON, GEORGIA _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 14-02-291 A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING A MORATORIUM FOR 180 DAYS TO BAR THE ACCEPTACE OF APPLICATIONS FOR REZONINGS TO THE CUP, NUP, TR, R-2 AND R-2A ZONING DISTRICTS WHEREAS, the 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, the 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, the City has recently seen an increase in applications seeking to rezone property to certain districts that may allow appropriate uses but may have less restrictive regulation than the City now believes to be appropriate; and WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to the performance standards in the CUP, NUP, TR, R-2 and R-2A zoning classifications; and WHEREAS, on January 6, 2014 the Milton City Council adopted a moratorium barring for 30 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications 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.CG.A. § 36-66-1, et seq. ("ZPL"); and WHEREAS, on February 3, 2014, after publication of legal notice in compliance with the Georgia's ZPL, the City conducted a public hearing on a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City'S zoning ordinance; WHEREAS, the City finds that a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City's zoning ordinance will allow the City to improve the performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications; and WHEREAS, the City finds a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 Page 1 of2 and R-2A zoning classifications pursuant to the City's zoning ordinance to be narrowly tailored and the least restrictive means available to address the City's needs both in terms of the 180-day time period and in terms of the limitations as to limitations on the CUP, NUP, TR, R-2 and R-2A zoning classifications; WHEREAS, the City finds a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City's zoning ordinance to be in the best interests of public health, safety, and welfare. NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: I. The City does hereby enact a moratorium to bar the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications for 180 days in order to allow the City to consider amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City'S zoning ordinance. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (l) 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 of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City'S zoning ordinance. 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 3 rd day of February, 2014. CITY OF MILTON, GEORGIA Attest: Sudie AM Gordon, City Clerk Page 2 of2 I np HOME OF ' F5TABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 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 21, 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: O YES XNO CITY ATTORNEY REVIEW REQUIRED: k YES O NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR; 0.7 Z I 1 REMARKS qy� ®-*Your *** PHONE: 678.242.2500 1 FAX: 678.2422499 Green ; c0j«s, ; ToP, inFo@cityofmiltonga.us «11AII-4f Community $ K ics www.cityofmiltonga.us WPM 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 F _ 3 F5TABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 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 21, 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: O YES XNO CITY ATTORNEY REVIEW REQUIRED: k YES O NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR; 0.7 Z I 1 REMARKS qy� ®-*Your *** PHONE: 678.242.2500 1 FAX: 678.2422499 Green ; c0j«s, ; ToP, inFo@cityofmiltonga.us «11AII-4f Community $ K ics www.cityofmiltonga.us WPM 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 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 ME HOME OI= ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-10NC14-01 — 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 21, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. X) APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES CITY ATTORNEY REVIEW REQUIRED: () YES O NOT APPROVED ANO JNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR Z j REMARKS ©10yoalm *** 'k * Top t0i1 PHONE: 678.242.2500 1 FAX: 678.242.2499 „Giem � , l.er[ified + info@cityofmiltonga.usIwww.cityofmiltonga.us Community�h; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ''a` 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 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 Page 12 of 27 RZ14-10/VC14-01 Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 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 21, 2014 7/17/2014 Page 27 of 27 RZ14-10/VC14-01 HOME OF ' M1 . L .1. FONtt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 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 I A. 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 21, 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 ANO CITY ATTORNEY REVIEW REQUIRED: () YES P NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 7 2( 1 Ll REMARKS Iq © ' Your *** PHONE: 678.242.25001 FAX: 678.242.2499 G r' " E n ay "t * ioP quo info@cityofmiltonga.us I www.cityofmiltonga.us �L E Community Cay"t 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 E Page 1 of 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 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 system. To modify Condition 2.a. to revise the site plan. (RZ04-116) Page 2 of 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 LOCATION MAP Page 3 of 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 CURRENT ZONING Page 4 of 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 REVISED SITE PLAN SUBMITTED JUNE 17, 2014 Page 5 of 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 REVISED SITE PLAN SUBMITTED OCTOBER 28, 2004 (RZ04-116) Page 6 of 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 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 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 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 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 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 has submitted a letter dated July 15, 2014 from Mr. Kenneth J. Wood, P.E. from Planners and Engineers Collaborative and is included at the end of this report. It states that there is sufficient capacity for the proposed 33 residential units and an additional 2,500 gallons per day capacity available to allocate to the non-residential uses for future development. 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 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. 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 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 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. Page 10 of 10 ZM14-06 - Prepared by the Community Development Department for the Mayor and City Council Meeting on July 21, 2014 (First Presentation July 7, 2014) 7/17/2014 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 0 HOME OF' M 1. LTO N ESTA RLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 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 21, 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: KYES (j NO CITY ATTORNEY REVIEW REQUIRED. YES (j NO APPROVAL BY CITY ATTORNEY KAPPROVED (} NOTAPPROVED PLACED ON AGENDA FOR: 0 7 Z I ! `� REMARKS a19sco kPaoJ : uc-y 20,tl Wooex- s ecTioA) S r r- F= 1� F F� /2 '2 A- 4 © -* youfn ® . _ _ * * * Green a ;c,fisd TopJOI PHONE: 57$.242.2500 FAX: 578.242.2499 a,�nur� Communit Eit 1cv info@cifyofmiltonga.us I www.cityofmittonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ,eE 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. The Planning Commission recommended approving the deletion of the CUP and NUP zoning districts on June 25, 2014 as recommended by Staff. 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, Laurel Florio 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 (Work Session on July 14, 2014) Page 1 of 3 7/16/20147/16/20147/15/2014 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 C UP District regulations for those properties that were zoned to the CUP district prior to January 23, 2014. After July 21, 2014 no additional property shall be rezoned to the CUP district. Article IX should be consulted 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. 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 (Work Session on July 14, 2014) Page 2 of 3 7/16/20147/16/20147/15/2014 i. Community facilities. 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): 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 (Work Session on July 14, 2014) Page 3 of 3 7/16/20147/16/20147/15/2014 (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. (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 adjoinin g 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) Ep HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 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 21, 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: KYES () NO CITY ATTORNEY REVIEW REQUIRED: ;k YES () NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS 07 ZI i , 4CD t0%) Jut y y dor k),Dge sL,.CS10,j © * Your PHONE: 678.242.2500 f FAX: 678.242.2499 Glr�en '�' *cecctiztil ; iop+go info@cityofmiltonga.us E www.cityofmiltonga.us ll'ILPL1FF Community 13000 Deerfield Parkway, Suite 107 1 Muton 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 RZ14-05 – 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. The Planning Commission recommended approving the deletion of the CUP and NUP zoning districts on June 25, 2014 as recommended by Staff. 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, Laurel Florio 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 (Work Session July 14, 2014) Page 1 of 3 7/16/20147/16/20147/15/2014 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 for those properties that were zoned to the NUP district prior to December 17, 2013. After July 21, 2014 no additional property shall be rezoned to the NUP district.” . 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 neighborhoods or the development of vacant parcels of land with transitional densities in builtu p 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 incidental to any permitted use and a dwelling may be used for a home occupation. 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 (Work Session July 14, 2014) Page 2 of 3 7/16/20147/16/20147/15/2014 Sec. 64-920. Development plan. (a) The development plan shall be the zoning control document for features depicted grap hically. The site plan requirement applicable to rezoning requests shall be adhered to for NUP 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 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 building 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. 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 (Work Session July 14, 2014) Page 3 of 3 7/16/20147/16/20147/15/2014 Sec. 64-922. Other regulations. The following headings contain some additional, but not all, provisions applicable to the NUP 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 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 ` ESTARLISIi ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-07 — To Amend Article VI, Division 13 — TR (Townhouse Residential) District. MEETING DATE: Monday, July 21, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (;APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY kAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: O 7 2 i 14 REMARKS Srb LjpO.V .J ULY % �, Z bl S% �3oRK- St}SS I bN Y � S7-/9 F -F- k CCD'" e),' © Yoo PHONE: 478.242.2500 FAX: 678.242.2499 ` Green *Cerriii d roP Eoo infoftityofmiitonga.us I www.cityofmiltongams +kmr Community ; Eini d 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 RZ14-07 – 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. The Planning Commission recommended approving the proposed amendment to the TR district on June 25, 2014 as recommended by Staff with a couple of minor edits to the development standards. 2 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the 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 RZ14-07 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 (Work Session on July 14, 2014) Page 1 of 3 7/16/20147/16/20147/15/2014 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 divis ion 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 major thoroughfares. (5) Encourage homeownership. Sec. 64-668. Use regulations. Within the TR district, land and structures shall be used in accordance with standards herei n. 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 (Work Session on July 14, 2014) Page 2 of 3 7/16/20147/16/20147/15/2014 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. (j) 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. (k) Maximum lot coverage. The area of the footprint of all buildings and parking shall not exceed 50 percent of the total land area. (l) Required open space or recreational facilities. For each unit, a minimum of 1,000 square feet of open space or recreational facilities shall be required within the development. (lm) Minimum building separation when more than one building per lot. All building separations shall be as specified by the city's building code. (mn) 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 lin e. 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 (Work Session on July 14, 2014) Page 3 of 3 7/16/20147/16/20147/15/2014 (3) A minimum of 80% of any common wall shall be contiguous with each adjoining unit. (4) When units are located on property adjacent to 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 dwellin g 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) Iol HOME OF `THEBEST UAi !TY DE FIFE IN GEORGIA' M1 LTON* ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 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 21, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Affach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: KYES (} NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: D"7 Z I r 4 REMARKS 3cr� uf- . ) J-tt-y 1 L/ .S' r F F /Z� co, C - ,J > S () NOT APPROVED 4�f 2oWoRJL .l'c-S'Sio,�j ©_*Your,r** PHONE: 678.242.2500 1 FAX: 678.242.2499 Green ;lcrnfin3; roPiou City of info@cityofmiltonga.us I www.cityofmiltonga.us +� Community i�s�hs�5 13000 Deerfield Parkway, Suite 107 I 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 RZ14-08 – 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 SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (Work Session on July 14, 2014) Page 1 of 4 7/16/20147/16/20147/15/2014 DIVISION 4. R-2 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-2 district regulations for those properties that were zoned to the R-2 district prior to January 23, 2014. After July 21, 2014 no additional property shall be rezoned to the R-2 district. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The R-2 district is intended to provide land areas devoted to very low density residential uses. The district also provides for closely related uses. Sec. 64-461. Use regulations. Within the 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. Sec. 64-462. Development standards. (a) Height regulations. No building shall exceed 40 feet in height. (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; DIVISION 4. R-2 SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (Work Session on July 14, 2014) Page 2 of 4 7/16/20147/16/20147/15/2014 (2) For two-story dwelling: 1,800 square feet; or (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. (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. DIVISION 4A. RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT Sec. 64-464. Scope and intent. Sec. 64-465. Use regulations. Sec. 64-466. Development standards. Sec. 64-467. Other regulations. Secs. 64-468—64-482. Reserved. Sec. 64-464. Scope and intent. The regulations set forth in this division are the Rural Residential district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The Rural Residential district is intended to provide land areas devoted to very low density residential uses DIVISION 4. R-2 SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (Work Session on July 14, 2014) Page 3 of 4 7/16/20147/16/20147/15/2014 (4) Encourage inter-parcel access to adjacent properties and provide interior block structure circulation within the development. Sec. 64-465. Use regulations. Within the Rural Residential 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. Recreational facility (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 recreational 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. 64-466. Development standards. (a) Height regulations. 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 individual 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. The minimum perimeter setback shall not apply to property lines adjacent to an exterior road. (h) 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. (i) Lot coverage shall not exceed twenty percent (20%) (j) 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. DIVISION 4. R-2 SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on July 21, 2014 (Work Session on July 14, 2014) Page 4 of 4 7/16/20147/16/20147/15/2014 (k) 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 for the open space or recreational facilities shall be allocated among the use areas in approximate proportion of the ratio of the use are population to the total population of the over all development in order to make open space reasonable accessible to all residents in the development. The community development director shall determine whether the size and location of open spaces and recreational facilities within a development comply with this section. (4) Covered ganged mail box kiosks shall be provided and shall be consistent with the overall architectural style of the community. (l) 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. 64-467. 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. 64-468—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) HOME OF '�E BEST OUTALITY OF LIFE IN GFORGIA' M - I LT ON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 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 21, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. kAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: V, YES () NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 0-7 2-1/4 REMARKS *P-� )eeo l. e r r-- 7-0 MM) / r 4 2 f av . ©10YfluEM * * PHONE: 67$.242.2500 FAX: 678.242.2499 Green ''� + c rr$ied c+ny or info@cltyofmilfonga.us I www.cityofmiitonga.us ��'� COI11flIL1111j►Ed„� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "-"�" tea. 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